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HomeMy WebLinkAboutM070907 District No. 1 CommissloDer: Phil JohDlOD District No.2 Commissioner: David W. SulllvaD District No.3 Commissioner: John AusdD County Administrator: John F. Fischbach Clerk of the Board: Lorna Delaney MINUTES Week of July 9,2007 Chairman Phil Johnson called the meeting to order in the presence of Commissioner David W. Sullivan and Commissioner John Austin. PUBLIC COMMENT PERIOD: The following comments were made by citizens. A request was made that the County ban bottled water; with building lots starting at $100,000, the only affordable housing available will be accessory dwelling units (ADUs) and subsidized apartments; the Fire Danger signs increase awareness; the Firewise Program at WSU educates homeowners about fire prevention; some people can't afford to get rid of junk vehicles even with the County's $30 coupon program; and a comment was made about the procedure for listing correspondence on the agenda. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Sullivan moved to approve the Consent Agenda as presented. Commissioner Austin seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 57-07 re: Road Vacation ofa Portion of South Point Road; John Nisbet, Petitioner 2. RESOLUTION NO. 58-07 and HEARING NOTICE re: Supplemental Budget Appropriations/Extensions for Various County Funds; Hearing Scheduled for Monday, July 23, 2007 at 10:45 a.m. in the Commissioners Chamber 3. HEARING NOTICE re: Intention to Sell Surplus County Property; Hearing Scheduled for Monday, July 23,2007 at 10:30 a.m. in the Commissioners Chamber 4. AGREEMENT re: Foster Care (Passport) Public Health Nurse Services; Jefferson County Public Health; Washington State Department of Social and Health Services 5. AGREEMENT re: Developmental Disabilities Services; Jefferson County Public Health; Washington State Department of Social and Health Services 6. AGREEMENT re: Supervision of ModeratelHigh Risk Juvenile Offenders; Jefferson County Juvenile and Family Court Services; Washington State Department of Social and Health Services, Juvenile Rehabilitation Administration Page 1 Commissioners Meeting Minutes: Week of July 9,2007 7. AGREEMENT re: Juvenile Accountability Block Grant Funding to Support the Proctor Home Program; Jefferson County Juvenile and Family Court Services; Washington State Department of Social and Health Services, Juvenile Rehabilitation Administration 8. AGREEMENT re: Proctor Home Coordinator; Jefferson County Juvenile and Family Court Services; Kelli Parcher 9. Update Jefferson County Personnel Administration Manual, Appendix D Travel and Transportation Policy and Procedures 10. Payment of Jefferson County VoucherslWarrants Dated July 3,2007 Totaling $1,635,00 11, Payment of Jefferson County Payroll Warrants and AlP Warrants Done by Payroll Dated July 5, 2007 Totaling $653,894.83 12. Letter Responding to Request for Wage Increase; Jefferson County Public Health Nurses APPROVAL OF MINUTES: Commissioner Austin moved to approve the minutes for June 11,2007 and the Special Meeting on June 14,2007. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Letter of Support to Protect and Restore Critical Habitats Along Tarboo-Dabob Bay: The County Administrator reported that this is a letter of commitment to David Weekes at the Nature Conservancy of Washington for the acquisition of property to protect critical habitats along TarboolDabob Bay. Commissioner Sullivan moved to approve the letter. Commissioner Austin seconded the motion which carried by a unanimous vote. HEARING re: Proposed Ordinance Amending Ordinance No. 04-0621-99; to Increase the Sales and Use Taxfrom 0,08 Percent to 0.09 Percent as Provided by Chapter 478, Laws of2007: The Chairman opened the public hearing. The County Administrator explained that this is a new law passed by the State Legislature that will not increase taxes for County citizens but is credited against the State's portion of the sales and use tax. The revenue is collected for the purpose of financing public facilities. Chairman Johnson opened the public testimony portion of the hearing. Tom Theirsch, requested that the County follow up to make sure that the appropriate amount of revenue is being received from the State. He doesn't like the fact that the County lost out on $200,000 plus interest from the previous increase in the revenue for this fund. Page 2 Commissioners Meeting Minutes: Week of July 9,2007 Larry Bonar, Port Townsend, suggested that the title of the ordinance read, "In the Matter of Amending Ordinance No. 04-0621-99 To Increase the County's Share of the Distressed County Sales Tax Recovered from State from 0.08 Percent to 0.09 Percent." He stated that he thinks the revised wording would make it clear that this is not a tax increase for citizens, Hearing no further comments for or against the ordinance, the Chair closed the public hearing. Commissioner Sullivan moved to approve ORDINANCE NO. 05-0709-07, with the suggested language change to read, "To Increase the County's Share ofthe Distressed County Sales and Use Tax from 0.08 to 0.09 Percent." Commissioner Austin seconded the motion which carried by a unanimous vote. Discussion and Possible Approval of AGREEMENT re: Preparation of an Environmental Impact Statement (EIS) and Staff Report on the Pit to Pier Project; GeoEngineers: John Fischbach reported that Fred Hill Materials (FHM) and the County entered into an agreement on July 2 for FHM to pay the County for the preparation of the EIS for the Pit to Pier Project. According to County Code, it is the role of the County Responsible SEP A Official to recommend the consultant to be hired to do an EIS. There is a Request for Proposals (RFP) process for choosing the consultant that is set by ordinance. The RFP went out in 2004 when Greg Ballard was the lead planner on the project and he sent an e-mail to Wheeler and Associates informing them that they were the preferred firm. Stacie Hoskins became the Responsible SEP A Official on July 18, 2005, Greg Ballard resigned his position in September, 2006 and Michelle Farfan became the lead planner on the Pit to Pier Project in January, 2007, At that time, Stacie Hoskins and Michelle Farfan concluded that they needed to interview the RFP applicants again. On May 16, 2007 Stacie Hoskins informed the Board that she had chosen GeoEngineers as the preferred firm to do the EIS. On May 18, the County sent an e-mail to the other firms that had submitted RFPs informing them of the Responsible SEP A Official's recommendation, On May 21, Letitia Wheeler, Wheeler and Associates, sent an e-mail to her team advising them that they were not selected by the County. Stacie Hoskins, Responsible SEP A Official, recommended that the Board approve the contract with GeoEngineers based on the May 16 letter to the Board. Lisa Burnson from GeoEngineers was present to answer questions. Commissioner Sullivan stated that this action is premature and the County needs to negotiate in good faith with everyone because decisions establish a reputation. This is the last chance to correct mistakes and provide direction on how to proceed. He thinks that there was never closure with Wheeler and Associates after their involvement of two years and contractors need to be informed ifthings change or there is a problem. He doesn't think a clear determination of changing course was ever communicated, Page 3 Commissioners Meeting Minutes: Week of July 9,2007 Commissioner Sullivan moved to direct staff to get closure with Wheeler and Associates whether that is with a contract or without one. He said that there should be closure with that firm before the County moves forward. The County Administrator reiterated that the Responsible SEP A Official sent a letter to Wheeler and Associates on May 18, 2007 informing them of her decision and Letitia Wheeler informed her team by e-mail on May 21 that they had not been chosen. Commissioner Sullivan replied that he doesn't see those as adequate actions. Commissioner Austin, before seconding the motion, asked Commissioner Sullivan what he wants staffto say to Wheeler and Associates? Commissioner Sullivan answered that he thinks they would have signed a similar contract sometime within the last 2 ~ years. They were selected from the initial RFP process and negotiations were on-going. They had expectations and there was no identified problem. Commissioner Austin seconded the motion. He asked if Greg Ballard had the authority to negotiate for the County when he told Wheeler and Associates that they would be doing the EIS? Director of Community Development Al Scalf stated that he was the Responsible SEP A Official at the time and Leticia Wheeler was his preference upon completion of the process. He directed Greg Ballard to begin the negotiations. However, the actual award does not become official until a contract is approved by the Board. He explained that the three phases in the RFP process are preference, selection, and contract. Commissioner Sullivan noted that he finds the ordinance regarding the award of an RFP very vague. Chairman Johnson asked for clarification ofthe events during the two-year period that caused the delay in awarding the contract. Al Scalf stated that there were a number of issues that transpired including who the lead agency would be? Should an attorney be involved? Is Wheeler qualified? Where is the information from Fred Hill Materials? Commissioner Austin stated that he remembered a discussion about whether an attorney should be included in the consultant's team. Al Scalf explained that the Prosecuting Attorney did not want to appoint a Special Prosecutor and there were discussions about the legal issues that would arise regarding the EIS and the permit process. Commissioner Sullivan noted that an attorney wasn't required in the RFP. He reiterated that there wasn't communication with Wheeler. Chairman Johnson asked ifthere was ever a time during the two years when there was a question about Wheeler and Associates doing the EIS? Stacie Hoskins replied that before Greg Ballard left, probably in July 2006, there was a meeting with FHM, DCD staff, the County Administrator and Letitia Wheeler. FHM asked if Wheeler and Associates had the contract and when they were told that a contract had not been prepared, FHM stated concerns about whether Wheeler could do a project of this scale and level of review. The County Administrator had asked Leticia Wheeler to leave the room while this conversation took place. Commissioner Sullivan noted that the ordinance states that the contractor works for the County. Al Scalf explained that in 2004 the County was waiting for special reports and data from FHM to forward to Wheeler and Associates in order for her to scope her job description and deliverables. Greg Ballard contacted Letitia Wheeler occasionally to update her and Wheeler and Associates did other work for the Page 4 Commissioners Meeting Minutes: Week of July 9,2007 County during that time. Commissioner Sullivan stated that it appears the delay was caused by FHM. The Responsible SEP A Official sent FHM a letter dated March 27, 2006 that the County still needed the information. Al Scalf stated that the County was actually considering cancelling the application for lack of activity at that point. Commissioner Sullivan explained that FHM had voiced concerns about the Board delaying the signing ofthe FHM contract last week so the Board signed it right away. He reiterated that the County needs to negotiate in good faith with everyone. It is a critical element. The County needs to have closure with Wheeler first before proceeding. Chairman Johnson noted that one of the consultants on GeoEngineers team worked as a proponent on the project design. He asked the extent of her involvement? Al Scalf stated that he has worked with the consultant Lynn Keenan on a number of projects. She is a high quality planner and SEP A expert. Lisa Burnson, GeoEngineers, explained that when they put together the first response to the RFP two years ago, Lynn Keenan was working on projects for GeoEngineers. When they responded last spring, Lynn Keenan was not an employee of GeoEngineers, but joined the team a few days before the interview with the County. She did some work on the project when she was employed by other engineers. She is familiar with it, although she wasn't heavily involved. Commissioner Sullivan stated that he doesn't have any concerns about GeoEngineers not being able to do the job. However he doesn't think that Wheeler and Associates was treated fairly. Commissioner Austin mentioned the e-mails that were sent to Wheeler and that Wheeler sent to her team in May. He asked how this type of situation can be avoided in the future? Has Wheeler moved on? Would it be appropriate to advertise a new RFP? The County Administrator answered that an alternative would be to restart the process. Commissioner Sullivan stated that he thinks the County needs to go back to the point where the mistake was made. His motion is to finish the work with Wheeler. The County Administrator asked Commissioner Sullivan ifhis motion is to direct staff to get a contract with Wheeler and Associates if that is possible. He noted that Wheeler and Associates is not the firm that was recommended. Commissioner Sullivan stated that it was a faulty process. He thought he made it clear when the contracts were separated and this issue should not be at this stage of discussion. Commissioner Austin stated that he isn't sure about the motion. Does Commissioner Sullivan want interested firms to submit or resubmit an RFP? Commissioner Sullivan answered that the RFP process was done and Wheeler and Associates was the preferred firm. The County continued to negotiate with them for over two years before a sudden change of course. He thinks the County owes it to Wheeler and Associates to get closure with them on this process, There was continued discussion about the motion. Al Scalf stated that he understands that the motion is for staff to contact Wheeler and Associates and have them prepare a contract that the Board will execute. He added that the problem is that staff no longer recommends Wheeler and Associates, they are recommending GeoEngineers. He understands the principal of good faith. Commissioner Sullivan stated that he thinks Page 5 Commissioners Meeting Minutes: Week of July 9,2007 Wheeler didn't have a fair chance to participate in the process. The County didn't go out an start a new process. Al Scalf stated that when they decided to conduct the second interviews, Latecia Wheeler was invited to meet the new project planner and the Responsible SEP A Official, but she chose not to. She would have been under full consideration. Commissioner Sullivan stated that if Wheeler signs a contract, he knows that staff would do their job and work with them professionally. The ultimate goal is the best EIS possible. Commissioner Austin asked if the turning point in the process was when Greg Ballard resigned and a new project planner was hired? Al Scalf answered that there were a number of variables. Toward the end of the two year period when FHM failed to provide the necessary information, the County Administrator gave staff direction that would move things forward. Chairman Johnson asked if shift began with the meeting when FHM questioned Wheeler and Associates capabilities and she was asked to leave? Al Scalf stated that they thought the project was moving forward and the components ofthe EIS were going to be discussed at the meeting. The County Administrator said that he did not interview all the firms and did not have a preference. He encouraged the Board to begin a new RFP process in May before the Responsible SEP A Official announced her preference. Commissioner Sullivan reiterated that Wheeler and Associates expected to get the contract unless there was a problem. The County did not tell them there was a problem. The motion is to go back and deal with Wheeler, Commissioner Austin added that some processes take years and during the course of the process, there can be staffturnover. He noted that the rules shouldn't change ifnew staff is hired. Commissioner Austin asked that the motion be repeated. Commissioner Sullivan repeated the motion that the Board direct staff to get closure with Latecia Wheeler's firm regarding the EIS either through getting a contract or the firm declining to do so. Commissioner Austin seconded the motion. The County Administrator asked if there was a second part to the motion to begin a new RFP process if closure cannot be reached with Wheeler and Associates? Commissioner Sullivan replied that he would rather have staff come back to the Board if they can't get closure. Chairman Johnson called for a vote on the motion which carried by a unanimous vote. Discussion and Possible Approval RESOLUTION re: Amending Housing Action Plan to Include Preservation: Joel Peterson, Assistant Planner, explained that the Housing Action Plan has 42 action items and an additional item has been proposed. The item, "To preserve existing affordable housing to provide an adequate supply of housing for residents of all income groups" was implied in the plan but not explicitly stated. Page 6 ---l Commissioners Meeting Minutes: Week of July 9,2007 Commissioner Sullivan moved to adopt RESOLUTION NO. 59-07, amending the Housing Action Plan and adding Action Item #43. Commissioner Austin seconded the motion which carried by a unanimous vote. Letter of Opposition to Certain Parts ofHR 2421 Navigable Waters of the United States; Congressman Norm Dicks: Commissioner Sullivan moved to approve the letter to Congressman Norm Dicks regarding HR2421. Commissioner Austin seconded the motion which carried by a unanimous vote. Request for Proposals re: 2007 General Purpose Community Development Block Grant (CDBG) for Preservation and/or Development of Moderate and/or Low Income Housing; Authorizing the Housing Action Plan Network to Review Proposals: Joel Peterson explained that the Housing Action Plan Network wants to apply for a CDBG grant through the State Department of Community, Trade and Economic Development. This grant is for preservation and/or development of moderate and/or low income housing. The Network wants to publish a request for proposals in July and submit a recommendation to the Board ofthe most suitable housing providers from the respondents by September. Commissioner Sullivan moved to approve RESOLUTION NO, 60-07, authorizing the Housing Action Plan Network to review proposals in preparation for the 2008 General Purpose CDBG grant for preservation and/or development of moderate and/or low income housing. Commissioner Austin seconded the motion which carried by a unanimous vote. COUNTY ADMINISTRATOR BRIEFING SESSION: John Fischbach and the Board discussed the following issues: · Letters to the Tribes regarding Beckett Point · Documents in the Commissioners packets · UGA Sewer Update · Draft resolution regarding Clerk of the Board duties · NACo Prescription Program · Scheduling a meeting with Bob Braun regarding collective bargaining and a budget meeting with Elected Officials · Development of a County inventory of offender re-entry resources inventory requirement information · Fire Chiefs request for a Fire Marshall position in the 2008 budget. Page 7 Commissioners Meeting Minutes: Week of July 9,2007 Letter to Tribes Concerning Beckett Point in Discovery Bay: (Lower Elwah Klallam Tribe; Jamestown S'Kallam Tribe; Port Gamble S'Kallam Tribe; Governor's Office of Indian Affairs; Representatives Lynn Kessler and Kevin Van De Wege; Senator Jim Hargrove; State Department of Archeology and Historic Preservation; State Department of Ecology; Jefferson County Public Utility District (PUD) #1; Beckett Point Fisherman's Club) Extension Agent Katherine Baril explained cross-cultural communications with the tribes. The County needs to set a model of respect and cooperation. She also mentioned the importance of keeping the State, especially the Governor's Office and the Legislators involved in all communications. She presented a draft letter for the Board to send to the Lower Elwah Klallam Tribe, Jamestown S 'Kallam Tribe, and the Port Gamble S 'Kallam Tribe. Commissioner Austin moved to sign the letter to the Lower Elwah Klallam Tribe, Jamestown S'Kallam Tribe and Port Gamble S 'Kallam Tribe. Commissioner Sullivan seconded the motion which carried by a unanimous vote. The Chair also signed cover letters to several State Departments including the Governor's Office of Indian Affairs, State Legislators, the PUD, and the Beckett Point Fisherman's Club which included copies ofthe letter to the tribes. NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the meeting at 3:00 p.m. Commissioner Sullivan seconded the motion which carried by a unanimous vote. JEFFERSON COUNTY BOARD OF COMMISSIONERS " , ~ .. ,f A'lW'EC \.", " -"J .L,\D0 '~<: " < .. .i. ".., "~~~J." '"'i1 ~/", \.: "."i'~ ......./7 , '.' .. /1' ~~. h . .f'.)~,._, . "S 0" " r-l1a11Lw)CMC Julie Matthes, CMC Deputy Clerk of the Board d 4 L/L.--. Davi~li~an, Member A~~ Page 8