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HomeMy WebLinkAboutM121707 District No.1 Commissioner: Phil Johnson District No.2 Commissioner: David W. SuUlvaD District No.3 Commissioner: John Austin County Administrator: John F. Fischbach Clerk of the Board: Lorna Delaney MINUTES Week of December 17, 2007 Chairman Phil Johnson called the meeting to order in the presence of Commissioners David Sullivan and John Austin. PUBLIC COMMENT PERIOD: The following comments were made by citizens: Jefferson County's economy relies on the Port of Port Townsend, marine trades, tourism, and the Port Townsend Paper Mill and ifthe mill closes, it will have a huge affect on all businesses; a citizen quoted recommendations in RCW 43.105.250 regarding electronic access to public records; in their discussion on a timeline extension for the legislative adoption ofthe Critical Areas Ordinance (CAO), the Board should make sure they allow time to consider the latest legal and Hearings Board findings, the innovations in the draft ordinance, and the funding opportunities that may be available from the State next year; a request was made that the County appoint a special investigator to review the Security Services Northwest (SSNW) matter; concerns were expressed about the renewal process for the public defender services contract; the CAO Ineeds to be a "stand alone" document that property owners understand because it will impact everyone in thel County; the Peninsula Daily News reporter who covered the Commissioners' meetingssaid good-bye; and a dike was removed from the Qui1cene River a few years ago and now the river is eroding on the south bank. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Sullivan asked that # 1 be removed for further discussion and Commissioner Austin asked that #5 be removed for further discussion. Commissioner Austin moved to delete Items #1 and #5 and approve the balance of the Consent Agenda as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. 1. DELETED: RESOLUTION NO. 115-07 HEARING NOTICE re: Supplemental Budget Appropriations/Extensions for Various County Funds; Hearing Scheduled for a Special Meeting of the County Commissioners on Friday" December 28, 2007 at 10:00 a.m, in the Commissioners Chamber (Approved Later in Minutes) RESOLUTION NO. 114-07 re: Clarifying the Name of a Private Road as Cascara Drive AGREEMENT NO. G0800249 re: Coordinated Prevention Grant for Implementation ofthe Solid Waste Management Plan and the Hazard Waste Management Plan; Jefferson County Public Works; Washington State Department of Ecology 2. 3. Page 1 Commissioners Meeting Minutes: Week of December 17, 2007 4. AGREEMENT NO. G0800255 re: Coordinated Prevention Grant for Compliance with the Solid Waste Management Regulations Identified in the Comprehensive Solid Waste Management Plan and the Hazardous Waste Management Plan; Jefferson County Public Health; Washington State Department of Ecology 5. DELETED: AGREEMENT, Amendment No.1 re: Developmental Disabilities Services; Jefferson County Public Health; Washington State Department of Social and Health Services (Approved Later in Minutes) 6. AGREEMENT (3) re: Extended Warranty and Maintenance for Recording Systems; Superior Court, District Court and Commissioners Chambers; Jefferson Audio Video Systems, Inc. (JA VS) 7. Approval of Jefferson County Public Official Position Schedule Bond #68681811 Issued by Western Surety Company for the Treasurer, Clerk, Sheriff, Auditor, Prosecuting Attorney, Engineer, Commissioners #1, #2 and #3, Judge and Assessor 8. Payment of Jefferson County VoucherslWarrants Dated December 10,2007 Totaling $759,103.77 9. Payment of Jefferson County AlP Warrants Done by Payroll Dated December 12, 2007 Totaling $59,153.42 HEARING NOTICE re: Supplemental Budget Appropriations/Extensions for Various County Funds: (See Item #1 on the Consent Agenda.) Commissioner Sullivan moved to approve RESOLUTION NO. 115-07 setting a Special Meeting for a public hearing on supplemental budget extensions for the Animal Services and the Chemical DependencylMental Health Funds. Commissioner Austin seconded the motion which carried by a unanimous vote. The hearing is scheduled for Friday, December 28, 2007 at 10:00 a.m. in the Commissioners Chambers. AGREEMENT, Amendment No.1 re: Developmental Disabilities Services: (See Item #5 on the Consent Agenda.) Commissioner Austin asked for clarification on the fiscal impact/cost benefit analysis for the amendment. Central Services Director Allen Sartin explained that this amendment addresses the allocation of annual funding because the State's fiscal year and the County's fiscal year are not the same. Commissioner Austin moved to approve the amendment to the agreement with State DSHS for developmental disabilities services. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Discussion re: Public Defender Services for 2008-2009: Allen Sartin explained that State law and the Jefferson County Code allow the County to contract for public defender services without going out to bid. The Civil Deputy Prosecuting Attorney has indicated that the discussion of strategies for contract negotiations is allowed in Executive Session. The Board directed staff to set an Executive Session from 2:30 p.m. to 3:00 p.m. to discuss public defender contract negotiations. Page 2 Commissioners Meeting Minutes: Week of December 17,2007 BID OPENING re: Surplus Property: Allen Sartin reported that no bids were received. He asked the Board to review a resolution directing staff to dispose of the equipment by giving it to other governments or non-profit organizations, and to recycle the remainder as a last resort. Commissioner Sullivan moved to approve RESOLUTION NO. 116-07 regarding the disposal ofthe surplus equipment. Commissioner Austin seconded the motion which carried by a unanimous vote. HEARING re: Supplemental Budget Appropriations/Extensions for Various County Funds: Chairman Johnson called the public hearing to order. Allen Sartin reviewed a request from Superior Court for supplemental funds for new seating in the Courtroom. He explained that the Facilities Department needs more time to evaluate the best solution for the Courtroom. The research, including the historic preservation requirements, should be completed by March, 2008. Commissioner Johnson opened the public testimony portion of the hearing. Michelle Moore, Superior Court Administrator, stated that she began research on the Courtroom seating project before the third quarter appropriation and she was told that she would have the necessary information to order the chairs for the fourth quarter appropriation. The Superior Courtroom currently has forty-two chairs. A person who tore their clothes on a chair made a claim against the County and a chair that a Prosecuting Attorney was using cracked in half during a trial. The judge feels that this is a safety issue. There is an important trial scheduled in April that will require a large jury panel and there isn't adequate seating. In her research, she found that the benches used in the Clallam County Superior Courtroom are available through the Department of Corrections web site and she thinks they would be acceptable. There was a discussion about alternative seating for the jury panel in April, including chair rental and using chairs from other conference rooms in County facilities. Tom Thiersch, stated that the County may want to talk to the City of Port Townsend about the benches they bought for their newly remodeled chambers since City Hall is also an historic building. Mike Belenski, stated that 100 chairs were rented for the Courthouse dedication at $1.25 each. The capacity of the Superior Courtroom should be confirmed before any permanent benches are installed. Donna Eldridge, Auditor, stated that she believes all purchases of this type need to go through the Central Services Department. Hearing no further comment for or against the supplemental budget requests, the Chair closed the public hearing. Page 3 Commissioners Meeting Minutes: Week of December 17, 2007 The Board directed Allen Sartin to expedite the review process for the Superior Courtroom seating. Commissioner Sullivan moved to approve RESOLUTION NO. 117-07 minus the request from Superior Court for $40,000 for Courtroom seating. Commissioner Austin seconded the motion which carried by a unanimous vote. Adoption of the 2008 Budget: Allen Sartin reported that the Board received the 2008 Budget proposal from the County Administrator last week. Several suggestions were made to clarify the information and it has been updated. This did not change the budget that was advertised. He requested that the Board incorporate a report from the Auditor's Office in their final budget motion. He noted that this is not a public hearing. The revisions to the County Administrator's budget proposal document were reviewed and the Board's questions were addressed. Commissioner Austin moved to approve RESOLUTION NO. 118-07, adopting the annual budget including the General Fund, Public Works, Special Funds, Jefferson County Road Construction Program and County Tax Levy and incorporating the Auditor's summary. Commissioner Sullivan seconded the motion which carried by a unanimous vote. The Board met in Executive Session from 10:50 to 11 :30 a.m. with the Deputy Prosecuting Attorney, Central Services Director, Director of Community Development, and Planning Manager regarding actual litigation, an exemption outlined in the Open Public Meetings Act, RCW 42.30.110(1 )(i). Discussion re: Extension of Timelinefor Legislative Adoption of the Critical Areas Ordinance: Director of Community Development Al Scalf reviewed the history of the petition for review before the Western Washington Growth Management Hearings Board that the Washington Environmental Council (WEC) filed against Jefferson County in 2001. There have been eleven orders extending the timeline for the Board to adopt amendments to the Critical Areas Ordinance (CAO). There has been an extensive public process on the critical areas regulations and on December 12 the Planning Commission finalized their recommendation to the Board. The Board will receive the draft CAO on January 7 and under the current calendar, the Board needs to make a decision on the draft by January 18. He stated that one option is for the Board to accept the Planning Commission's recommendation and not hold a public hearing. This would allow them to meet the deadline. Staff is recommending that the Board extend the decision for an additional 60 days because there still are several issues of concern in the document. The controversial areas include channel migration zones, wetlands science, and the stewardship plan. Staff recommended that the Board take action to direct Special Outside Counsel Mark Johnson to contact the WEC to seek a joint motion for extension. There was a discussion about the process if the County takes the original course and follows the appeal to the Growth Management Hearings Board. Page 4 Commissioners Meeting Minutes: Week of December 17, 2007 Commissioner Austin moved to direct Mark Johnson to coordinate a 60 day extension on the legislative adoption of the CAO from the Growth Management Hearings Board ::from January 25 to March 25. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Commissioner Sullivan moved to direct Mark Johnson to negotiate a 60 day extension of the WEC settlement agreement from January 18 to March 18,2008. Commissioner Austin seconded the motion which carried by a unanimous vote. Discussion re: Mini-Storage Moratorium and Possible Adoption of New Interim Control Ordinance: (See also Minutes of December 3 and 10,2007) Al Scalf explained that Interim Ordinance No. 07-0910-07 does not allow the building of new mini-storage units in the proposed IrondalelPort Hadlock UGA. Staff has prepared a revised ordinance that continues to prohibit the building of mini-storages with the exception of those parcels where there are existing mini-storage units. The building permit would be for infill development only. This interim control would be effective for 6 months. Commissioner Sullivan reiterated his concerns about allowing uses that don't meet the goals ofthe UGA once the sewer is built. Commissioner Austin stated that he thinks this exemption is very narrow and will help encourage business. Chairman Johnson stated that some time in the future the County may need to put limitations on warehouse type facilities in the future UGA. Commissioner Sullivan said that he cannot support the change. Commissioner Austin moved to approve ORDINANCE NO. 09-1217-07, revising the current interim ordinance to allow infill of property with existing storage units in the UGA. Chairman Johnson seconded the motion. The Chair called for a vote on the motion. Commissioner Austin and Chairman Johnson voted for the motion. Commissioner Sullivan voted against the motion. The motion carried. Commissioner Sullivan acknowledged that since the ordinance passed, he would like to see wording added to the ordinance that includes the goals of the UGA. He suggested revised language for Section 4. Commissioner Sullivan moved to approve the ordinance with the'suggested revisions to Section 4. Commissioner Austin seconded the motion which carried by a unanimous vote. County Administrator Briefing: Allen Sartin updated the Board on current capital projects. The Board asked for an update on damage from the December 3 storm. The Board met in Executive Session with the Acting County Administrator from 2:30 to 3:00 p.m. regarding public defender contract negotiations as allowed in RCW42.30.140 (4)(b). Page 5 Commissioners Meeting Minutes: Week of December 17, 2007 Direction to Staffre: Public Defender Services: The Board came out of Executive Session and took the following action. Commissioner Sullivan moved to direct staff to negotiate with the current public defense counsel for an extension to their contract and simultaneously prepare an RFP for a long term solution. Commissioner Austin seconded the motion which carried by a unanimous vote. The Board met in Executive Session with the Deputy Prosecuting Attorney and Human Resources Manager from 3:10 to 4:15 p.m. regarding personnel as allowed in RCW42.30.110 (g) Hiring /Discipline /Performance Review. NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the meeting at 4:18 p.m. Commissioner Sullivan seconded the motion which carried by a unanimous vote. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS I!fl~- Daffw. Sullivan, Member ~~.6~L Deputy Clerk of the Board ~~ff Page 6