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HomeMy WebLinkAboutM110804 District No. 1 Commissioner: Dan Tittemess District No.2 Commissioner: Glen Huntlngford District No.3 Commissioner: Patrick M. Rodgers County Administrator: John F. Fischbach Clerk of the Board: Lorna Delaney MINUTES Week of November 8, 2004 Chairman Huntingford called the meeting to order in the presence of Commissioner Dan Titterness and Commissioner Patrick Rodgers. APPROVAL OF MINUTES: Commissioner Titterness moved to approve the minutes of November 1, 2004 as presented. Commissioner Rodgers seconded the motion which carried by a unanimous vote. COUNTY ADMINISTRATOR BRIEFING: County Administrator John Fischbach reported on the following items: · A few weeks ago, the Board suggested some changes to the 2005 Budget and he and Allen Sartin met with the Department Heads and Elected Officials that would be affected and they accepted the suggestions. A balanced budget will be available for the public to review within a few weeks. No major service or program cuts are expected. Funds are being set aside in a separate fund for union negotiations. Public hearings were held in October on the preliminary 2005 budget, and although it is not required, another public hearing on the final draft will be scheduled in early December. · Representatives from the Port Ludlow Village Council (PL VC) and the Port Ludlow Associates (PLA) have formed a committee to discuss the proposed development at Port Ludlow. The PLA is meeting with the State Department of Ecology and plans to submit a new development application. · The Public Works Department is following up on a complaint regarding a lack of street signs in Port Hadlock and concerns about drainage in the Shine area. PUBLIC COMMENT PERIOD: The following comments were made: a resignation was submitted by a Parks Advisory Board member; a request for clarification about $74,000 that the County received in 2003 from the Broadspit Park property sale; in researching data from a public records request on County employees' internet access, it was found that several employees "surfed" the internet at least 17,000 times in a 5-day period; the public defender contract has always been negotiated and revised "behind closed doors" and the County is doing business as usual if they award the bid to the Clallam-J efferson Public Defender; the Board needs to award the public defender contract to local attorneys; the Clallam-Jefferson Public Defender uses local attorneys in the Port Townsend office and none of the money from the contract goes for overhead, salaries, or expenses at the Port Angeles office; usually government entities award a bid to the lowest bidder and there hasn't been any rationale about why this hasn't been applied to the public Page 1 Commissioners Meeting Minutes: Week of November 8, 2004 .'''',.,' " > 't 2:' '::;,>< ~$ /to(ói.O defender contract; Commissioners Huntingford and Titterness were thanked for their years of public service to the County; a local attorney involved in the bidding on the public defender contract does not have a "conflict of interest" because of a past partnership with the Superior Court Judge; the County doesn't need to spend money to hire 3-5 experts to develop criteria to choose the public defender because the criteria is in the State RCW that the County has adopted, and this criteria states that, under no circumstances, should public defense contracts be awarded on a low bid basis; if the low bidder is as qualified as the other bidders, they should get the bid; a request to have the Commissioners make a decision on the public defender's contract as soon as possible; the public defender needs to be dedicated to helping indigent citizens because it isn't a very profitable living for an attorney; and concern was expressed about the experience of the bidders for the public defender's contract. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Titterness moved to approve the Consent Agenda as presented. Commissioner Rodgers seconded the motion which carried by a unanimous vote. 1. HEARING NOTICE re: Petition to Change the Name of a County Road; Lower Hadlock Road to Water Street; Located in Port Hadlock; Michael Hamilton Petitioner; Hearing Scheduled for Monday, November 22, 2004 at 10:05 a.m. in the County Commissioners' Chambers 2. HEARING NOTICE re: An Imposed Timber Excise Tax to Include Timber Harvested from Public Lands Phased-in Over Ten Years, and Credited Against the State Tax; Hearing Scheduled for Monday, November 22,2004 at 10:30 a.m. in the County Commissioners' Chambers 3. AGREEMENT re: Alternative Response System and Early Intervention Program; Jefferson County Health and Human Services; Washington State Department of Social and Health Services (DSHS) 4. AGREEMENT, Amendment re: H.J. Carroll Park Caretaker Services; Jefferson County Public Works; Jerry and Phyllis Smith 5. AGREEMENT, 2004 Addendum re: Solid Waste Operations and Services; Jefferson County Public Works; Regional Disposal Company 6. Concurrence and Authorization to Proceed with the Real Property Acquisition; Big Quilcene Flood Plain Acquisition, Project No. QF1684; Jefferson County Public Works 7. Advisory Board Resignation and Appointments (4): Peninsula Regional Support Network Advisory Board (PRSN); Resignation of Maggie Metcalfe; and Appointment to a Three (3) Year Term Each Expiring November 8, 2007; Martha Anthony; Judith Tough; Elena Piscitello and John Austin Discussion and Possible Approval of Contract for Public Defender Services: (Tabled to November 15, 2004 Meeting.) The Clallam-Jefferson Public Defender is a non-profit organization. Commissioner Titterness pointed out that the Critchlow group's proposal noted that they would apply for non-profit status if they got the bid. He asked if they have done this yet? Ben Critchlow answered that they have not, but it is a fairly quick process done through the State. Commissioner Titterness asked Richard Suryan to explain his proposal as a "consortium?" Richard Suryan replied that he would administer the contract and have local attorneys work for him. He is not opposed to looking into a non-profit status. Commissioner Titterness asked if the County would have any advantage regarding liability if the public defender is a non-profit? Terry Mulligan, Clallam-Jefferson Public Defender, stated that he feels it is a Page 2 Commissioners Meeting Minutes: Week of November 8, 2004 .,...<¡,O"ifQ..., & ;,~,w~ + . ~H'NØ benefit for the County to have a public defender with a 501C. Richard Suryan noted that the bidder who is awarded the contract must provide proof of liability insurance in order to protect the County. Terry Mulligan, Clallam-Jefferson Public Defenders, pointed out that he has done several aggravated murder cases and death penalty cases. The other bidders have not. John Fischbach explained that his recommendation is to contact the retired judges in the County to see if they are willing to help develop the criteria for choosing the public defender. Commissioner Rodgers pointed out comments made during this discussion raise more issues, and it isn't a simple matter of "qualified attorneys," or "the lowest bid." The citizens who require representation by the public defender need to be properly defended and have a completely fair trial. He added that he doesn't think it should take a year for the criteria to be set. Commissioner Titterness added that he sat on a jury case that Ben Critchlow represented and he did a very good job. This is the only experience he has had in the courtroom. He also liked the detailed costs and the organization ofthe Critchlow proposal. Commissioner Titterness moved to award the public defender contract to Critchlow, Beirbaum, and Arthur based on their ability to present an organized proposal that indicates detailed analysis costs and experience, they are local, and their bid is lower than the highest bid. Chairman Huntingford seconded the motion for discussion. He agrees with Commissioner Titterness' evaluation, but he also is concerned that they may not have enough experience in certain murder cases as was pointed out earlier in the discussion. He has not heard any concerns about the current service provider. Commissioner Rodgers stated that he does not like to make ad hoc decisions and wants to base his decisions on clear criteria. The bid award shouldn't be based on personality. He feels that the County Administrator's recommendation to have experts set the criteria is a way to accomplish this task and that criteria would be good for any future decisions. Commissioner Titterness stated that if there is a need for additional resources in order to represent a client, any of the bidders would obtain an attorney with the necessary experience. He amended his motion to add that the contract should be a 2-year contract. Chairman Huntingford asked if the contract allows for additional expenses to be charged if the public defender needs outside help to represent a certain type of case? John Fischbach answered that the contract allows for additional expenses. Ben Critchlow stated that all ofthe attorneys are qualified to represent Class A felonies under the ABA standards. There has never been a death penalty case in Jefferson County, but the Supreme Court maintains a list of qualified defenders and none of the lawyers who have submitted bids are on that list. That would be the only scenario where outside resources would be necessary. Terry Mulligan stated that the contract provides a provision that, in a particularly complicated case, the agency can obtain extra funding. The Clallam-Jefferson Public Defender has handled numerous murder cases and has never requested additional funding. Aggravated murder cases are different because a mitigation package is prepared and submitted asking that the Prosecutor not seek the death penalty. He has prepared at least eight of these packages, and doesn't think the other attorneys have prepared any. There has been no additional Page 3 Commissioners Meeting Minutes: Week of November 8, 2004 ~aiI~ -~~ rr.fffn.c.": costs to the County for the preparation of the mitigation package. Richard Suryan stated that he was a Prosecutor on one of the aggravated murder cases when Terry Mulligan prepared a mitigation package. He feels that it is a separate issue. Terry Mulligan added that there is State funding available for aggravated murder cases if certain criteria is met. The Chair seconded Commissioner Titterness' amendment to the original motion. He repeated the motion to award a 2- year public defender contract to Critchlow, Bierbaum, and Arthur. Chairman Huntingford called for a vote on the motion. Commissioner Titterness voted for the motion. Commissioner Rodgers and Chairman Huntingford voted against the motion. The motion did not pass. Commissioner Rodgers asked if setting up the process for developing criteria could be expedited and done within 30 days rather than a year? John Fischbach said that he would contact the retired judges this week to request their expertise to develop criteria and to get an idea of how long it would take. Commissioner Rodgers moved to table the discussion and the decision on the public defender contract until the Board's next meeting on November 15,2004 in order to give the County Administrator time to contact the judges. Commissioner Titterness seconded the motion which carried by a unanimous vote. Jean Dunbar, Chair, Fort Worden Advisory Committee re: Discussion of Parking Fees at Fort Worden State Park: Jean Dunbar explained that this is the final request for the County to subsidize the parking fees at Fort Worden State Park. There was a dance to raise funds, but they still need $7,000. Fort Worden is one of two State parks that has shown an increase in attendance in 2004. People need to have a reason or be encouraged to visit Fort Worden because it is a "destination park." Free parking is a real incentive. There are 6 museums at Fort Worden, which employ residents and volunteers. The Fort Worden Advisory Committee is willing to work with the County to get parking fees removed from other State Parks in the County. The City of Port Townsend has helped with funding. m,_x' ... .0- . .~'I(' -. "." . " .. ,~1: , . .~ 'Ì), ~$d~~~ ~~,CMC Deputy Clerk of the Board Commissioner Rodgers stated that he doesn't feel parking fees will have a negative impact on the attendance at Fort Worden because it is very different than most parks and the attractions draw people. Chairman Huntingford agreed. The Commissioners have not received additional information to change their original decision in the matter which is not to subsidize the funding. (See October 4,2004 Minutes.) \)\\" T Y C041 ' ,,""'>. ,..,/ ' ,., .... í' ',,~D ~. 41- ,. .,..,. . ::ø \ JEFFERSON COUNTY BOARD OF CO ISS S C/Õ)C v; , v Page 4