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HomeMy WebLinkAboutM121508 ~~ CO~rn~ ~~~l ~~~0, ~(f:; X, ~\ I...... ... ~ ><) \ ' / \ ~ -?:-/ ~!{IN& District No.1 Commissioner: Phil Johnson District No.2 Commissioner: David W. Sullivan District No.3 Commissioner: John Austin County Administrator: Philip Morley Clerk of the Board: Lorna Delaney MINUTES Week of December 15, 2008 Chairman Phil Johnson called the meeting to order at the appointed time in the presence of Commissioner David Sullivan and Commissioner John Austin, PUBLIC COMMENT PERIOD: The following comments were made by citizens: a person noted that there appears to be a large discrepancy io Puget Sound Energy's reported infrastructure value and the amount they pay taxes on; a citizen stated that he is concerned about the limiting of wells in the Chimacum basin in to the State Department of Ecology's (DOE) draft instream flow rules; a person said that he doesn't think the Sportsmen's Club should charge the Sheriff a fee for use of the gun range because the County leases the property to the Club; a citizen said that he thinks by 2010, Jefferson County's population growth will go negative; a letter was read by a resident from Port Ludlow thanking the Board for not approving the Iron Mountain Quarry Mineral Resource Land overlay; a member of the Quilcene/Brinnon Chamber of Commerce asked the Board to reconsider their request to take over management of the Brinnon Motel in 2009; a person said that in his opinion the County needs to have a permanent shelter for the homeless; a person noted that he thinks the legal use of rain barrels must be decided by State Legislators and not DOE; and a citizen suggested that the County encourage legal non-conforming businesses which would help briog more business into the County. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Sullivan moved to delete Item #10 and approve the balance of the Consent Agenda as presented, Commissioner Austin seconded the motion which carried by a unanimous vote, 1, RESOLUTION NO. 84-08 reo Creatiog a County Project Designated at CR1816; Culvert Replacement for Upper Hoh Road MP 3.338; Jefferson County Public Works 2, AGREEMENT reo Developmental Disabilities Program Consulting Services and License Agreement; Jefferson County Public Health; Cincinnati Children's Hospital Medical Center 3, AGREEMENT NO. G0700169, Amendment No.1 reo Junk Car Violators List and Abandoned Junk Vehicles; Jefferson County Public Health; Washington State Department of Ecology 4, AGREEMENT reo Prevocational/Specialized Industry Training and Employment for Adults with Developmental Disabilities; Jefferson County Public Health; Skookum Corporation 5, AGREEMENT reo Group Supported Employment for Adults with Developmental Disabilities; Jefferson County Public Health; Skookum Corporation 6, AGREEMENT reo Individual Supported Employment for Adults with Developmental Disabilities; Jefferson County Public Health; Skookum Corporation Page 1 Commissioners Meeting Minutes: Week of December IS, 2008 7, AGREEMENT NO. 0963-53330 re: Medicaid Administrative Match Program; Jefferson County Public Health; Washington State Department of Social and Health Services 8. AGREEMENT Interlocal re: Leak Detection Equipment; Jefferson County Public Health; City of Port Townsend and Public Utility District (PUD) #1 9, AGREEMENT re: Family and Juvenile Law Improvement Plan; Jefferson County Juvenile Services; Susan Steiner 10, DELETE: Concurrence and Aulhorizalion to Proceed with the Real Property Negotiation and Acquisition Regarding Larry Scott Memorial Trail - Segment 4, County Project #CR 1069, STPE-20 I 6(0 15); Jefferson County Public Works (Approved Later in Minutes) II, 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 12, Request for Pre-payment of Specific 2009 Expenditures from the 2008 Budget; Various Departments 13, Payment of Jefferson County Vouchers/Warrants Dated December 1,2008 Totaling $712.87 and Dated December 4,2008 Totaling $1,136.40 and December 8, 2008 Totaling $545,358.50 14, Payment of Jefferson County Payroll Warrants Dated December 5,2008 Totaling $738,960.11 and AlP Warrants Done by Payroll Dated December 8, 2008 Totaling $1,237,997,50 Concurrence and Authorization to Proceed with the Real Property Negotiation and Acquisition Regarding Larry Scott Memorial Trail- Segment 4: (Item #10 on the Consent Agenda,) Commissioner Sullivan explained that one of the properties to be purchased is owned by his wife's uncle, He has no monetary interest but will abstain from the vote. Commissioner Austin moved to approve the concurrence and authorization to proceed with real property negotiation acquisition on Segment 4 of the Larrry Scott Memorial Trail. Chairman Johnson seconded the motion, The Chair called for a vote on the motion. Chairman Johnson and Commissioner Austin voted for the motion. Commissioner Sullivan abstained from the vote, The motion carried. COMMISSIONERS BRIEFING SESSION: Commissioner Sullivan reviewed the meetings he plans to attend during the week, Commissioner Austin reported on the Washington State Association of Counties (WSAC) New Commissioner Training last week. Chairman Johnson reported on his meeting with the incoming Commissioner of Public Lands. Commissioner Austin noted that a large portion of Jefferson County is comprised of State owned land and he thinks that the County should have representation on the Board that oversees State public lands. County Administrator Philip Morley reported that he plans to address the request made by the Quilcene/Brinnon Chamber of Commerce concerning the management of the Brinnon Motel after the first of the year, Page 2 Commissioners Meeting Minutes: Week of December 15, 2008 f) \~ Adoption of2009 Budget: Chainnan Johnson noted that there are several budget documents before the Board. He directed that the draft resolution establishing 2009 salaries for the Elected Officials be pulled and rescheduled for discussion on the January 5, 2009 agenda, Philip Morley, County Administrator, reported that he presented an overview of the recommended budget at the 2009 Budget hearing on December 8, He noted some minor technical revisions. Commissioner Austin moved to approve RESOLUTION NO. 85-08 adopting the annual budget including the General Fund, Public Works, Special Funds, Jefferson County Road Construction Program and County Tax Levy. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Commissioner Sullivan moved to approve RESOLUTION NO. 86-08 adopting a salary schedule for 2009 for the FLSA and exempt management and professional employees. Commissioner Austin seconded the motion which carried by a unanimous vote. Commissioner Sullivan moved to approve and sign the letter to Assessor Jack Westerman detailing the 2009 real and personal property levy amounts, Commissioner Austin seconded the motion which carried by a unanimous vote, The Board thanked everyone involved in the budget process for their hard work. HEARING re: 2008 4th Quarter Supplemental Budget Appropriations-Extensions for Various County Funds: Chairman Johnson opened the public hearing, Philip Morley gave an overview of the fourth quarter budget appropriation/extension requests, . The Clerk's Office requested an additional $27,333 to correct a software error in compensation costs for juror mileage. . A request from the Sheriffs Office for $267,296 is due in large part to overtime pay and a union contract ratification. . The Department of Community Development has requested $300,000 to cover the decrease in permit revenues for the past several months, Community Development recently had to layoff six employees and reduce employee hours in an effort to deal with the shortfall in revenue, . Water Quality has requested $114,000 in order to follow through on a number of expenditures that were pre-approved by County Commissioners, . The cost of the Superior Court bench project was shifted to the Trial Court Improvements Fund from the Facilities Fund. . There are changes to the Boating Fund totaling $9,144 due to increases in boating education revenues and decreases in vessel registration and boating safety fines, . A request was submitted for the an additional $1,280 for professional services for the Economic Development Fund to fulfill the WSU contract. . The Veteran's Assistance Fund requested $5,000 due to an increase in applications for assistance and the DA V van purchase. . The Aoimal Services union contract was ratified and $2,433 in retroactive wages were paid, . $3,000 for drug investigation was transferred from the Prosecuting Attorney's budget to the Sheriffs budget. . There is a request for an additional $10,000 from the Title III Fund for the Firewise Education Program. Page 3 Commissioners Meeting Minutes: Week of December 15, 2008 ~'~<"'" f.":'S +~~c- .\"J~U~ . There is an additional $25,403 expenditure in the Parks Improvement Fund for several repairs due to storms and vandalism, The Chair opened the public testimony portion of the hearing, Joe D'Amico, Jefferson County, asked for clarification on the retroactive wages for the Sheriffs Office. Philip Morley replied that several union contracts at the Sheriff's Office were negotiated this year, The contract for Security, Corrections, and Animal Services staff were ratified and the retroactive pay went back to January, 2008, Joe D' Amico noted that Security Services Northwest has a contract with the hospital. He suggested that the County could save money and have more deputies on the road if security functions were contracted out. This would also reduce the Sheriff's Office overtime. He asked if the $250,000 was for overtime? Philip Morley stated that only $50,000 was budgeted for overtime in the 2008 budget. Bill Miller, Port Townsend, asked for clarification on the breakdown of the $403,000 from the General Fund. Philip Morley answered that $300,000 goes to DCD, $114,000 goes to Water Quality, and the court bench adjustment for $10,976 is subtracted. Tom Thiersch, Jefferson County, commented about the Superior Court bench project. When the budget for the project was originally approved, no one had any idea of the cost, and so the estimated purchase price was fairly high. The County got a great deal on the benches. He thinks that the money that is left over from the project should go toward the Clerk's Office project, Auditor Donna Eldridge explained that the Central Services Director asked for a first quarter budget appropriation of $40,000 to be transferred out ofthe General Fund into the Facilities Budget for the Superior Court bench project, The benches only cost about $10,000 and Facilities returned the $40,000 to the General Fund in a third quarter appropriation, The funding for the project was then taken out of the Trial Court Fund, Court Clerk Ruth Gordon reiterated that $40,000 was the original estimate for the new benches, but they were able to get a good deal on historically appropriate benches at a fraction of the cost. She is pleased that the $40,000 went back into the General Fund and the cost of the benches was taken from a more appropriate fund, Ruth Gordon, Court Clerk, explained that the $27,000 her department has requested will allow the Court Clerk to pay jurors directly for retroactive mileage reimbursements. Originally, the juror software wasn't set up properly and this contributed to the problem, She said that it is time consuming for her to identifY whether the jurors should be paid from District Court or Superior Court and so it is easier for her to set up a new line in the Clerk's budget and payout the reimbursements. In order to pay the jurors, she will need $27,000 in the new budget line. She has estimated that she will probably have $20,000 offund balance at the end of the year. The difference in her ending fund balance and the cost of the project will go back to the General Fund, Hearing no further comments for or against the budget appropriations/extensions, the Chair closed the public hearing, Page 4 Commissioners Meeting Minutes: Week of December 15,2008 Commissioner Sullivan moved to approve RESOLUTION NO. 87-08 ordering the budget appropriations and extensions for various County funds, Commissioner Austin seconded the motion which carried by a unanimous vote, HEARING re: Interim Ordinance No. 10-1103-08 Enacting a Moratorium Against the Issuance of Permits or Approvals Pertaining to Adult Businesses: Chairman Johnson opened the public hearing. Stacie Hoskins, Planning Manager, reported that the Board adopted this interim ordinance on November 3 and, according to the RCW, a public hearing is required within 60 days to validate the ordinance. Commissioner Sullivan asked when the work on this ordinance is scheduled to be completed by the Planning Commission? Stacie Hoskins noted that the goal of the Department was to get the work done within a six month timeframe, However, because of recent layoffs and budget cuts, they have moved it to the 2010 workplan, This means that every six months the interim ordinance will need to be approved, No applications have been submitted for adult businesses, Chairman Johnson opened the public testimony portion of the hearing, Joe D' Amico, stated that he is against any regulations. The County is spending a lot of time on this issue and there have not been any applicants for this type of business, He suggested that the issue should just be dropped and the County should focus on the established businesses in the County that are struggling and make an effort to support them. , Jim Tracv, stated that in the past he has represented both churches and adult entertainment establishments, he cautioned the Board about ad infinitum extensions of moratoria. He believes that the Supreme Court case law is very clear that adult entertainment establishments have to be allowed somewhere vvithin a jurisdiction, There is some exposure to damages based on an attempt to regulate by ad infinitum moratoria. He suggested that Jefferson County may find some guidance from Kitsap County because they have dealt with this issue in their ordinances, He noted that the charge against an ordinance would not begin to run timewise until, and unless, the County received an application. It may give the County some flexibility on the workplan, Commissioner Sullivan recalled previous discussions on this issue, He said that without an ordinance, adult businesses could be located anywhere, He thinks that once an application is made, it is too late to start a process and tell them where they have to put their business. The County needs to be proactive about this. He understands the concern about interim ordinances that go on for years, The County has been doing a good faith effort and now is delayed because there is less staff and other projects are higher priority. Chairman Johnson added that he doesn't see any imminent danger of someone moving into Jefferson County with an adult business, The Board was not required to take any additional action, Page 5 Commissioners Meeting Minutes: Week of December 15, 2008 Discussion and Possible Decision re: Interim Ordinance Rescinding Chapter 18.18 of the Jefferson County Code (JCC), Applies Rural Designations and Standards to the IrondalelPort Hadlock UGA Planning Area, Prohibits Mini-storage in Rural Commercial Areas Within the UGA Planning Area (With Some Exceptions) and Requires a No Protest Agreement that Mandates Future Connection to an Established Wastewater Treatment System: (This action confirms a policy that has been in effect since June 1,2005,) Joel Peterson, Associate Planner explained that this interim ordinance is in response to a Western Washington Growth Management Hearings Board (WWGMHB) compliance order from 2004. In 2005, the County rescinded the urban development standards for the Irondale/Port Hadlock Urban Growth Area (UGA) , Interim controls were put in place until the County achieves the compliance, There is a specific time schedule that has been in place for the past few years to get the work done, Rather than being a six month interim control, this ordinance would be in place for one year. This is allowed by the GMA and the Planning Enabling Act if there is a workplan. He also submitted a workplan that outlines the timeframe for completion, The County is nearing the end of the compliance schedule with the Hearings Board and is optimistic about achieving compliance next summer, However there is a contingency built into the 12 month plan to allow the interim control to continue past the compliance hearing date in case other issues need to be addressed, The Board would need to adopt new urban development standards for the UGA before the interim control is removed, This is anticipated to be done as part of the compliance report for April. Per the statute, a public hearing on an interim ordinance is required within 60 days after it is adopted, Commissioner Sullivan stated that it important that the County come into compliance on the UGA because it is a condition of funding for the sewer system. He thinks that there are going to be limitations when reviewing UGA development standards because it will be important to take into consideration public comment and weigh how that will change the sewer plan, buildout figures, and the type of businesses that can be located in the UGA, If comments suggest dramatic changes, changes may be required in the other documents that have already been completed, The information in Chapter 18.18 that was rescinded will need to be looked at cautiously. The possibilities aren't wide open. Commissioner Austin moved to approve ORDINANCE NO. 12-1215-08, the interim ordinance rescinding Chapter 18,18 of the Jefferson County Code, Commissioner Sullivan seconded the motion which carried by a unanimous vote, Discussion and Possible Approval of AGREEMENTS (2) re: 2009 Mental Health and Chemical Dependency Treatment Services; Jefferson County Public Health; 1) Safe Harbor Recovery Center; and 2) Jefferson Mental Health Services: Jean Baldwin, Public Health Administrator, stated that the funding source for these contracts is the 1/1 0 of 1 percent mental health and chemical dependency sales tax for treatment. This tax revenue has remained consistent. The Mental Health Sales Tax Committee has completed a long-range plan and designated percentages on how the revenue should be used: . 40% for adults with co-occurring disorders and mental health problems . 15% for children for mental health treatment through the school contract . 10% for assessment and evaluation . 10% for the Jail Nurse Program . 10% for Therapeutic Court Page 6 Commissioners Meeting Minutes: Week of December IS, 2008 ~!J"O"" \>" t_ ._._~_' .e- "H",-,'<- She explained that the vendors who receive this funding for services are required to provide documentation of deliverables. This is an unmet need that is very large and there really isn't enough money in the fund to address the mental health treatment needs of the community, The account was set up to have a 20% fund balance which the Committee thinks is more than is necessary. They have created a spend down plan over the next two years to decrease the large carryover and provide increased services, There are no changes this year to the current service providers, Jefferson Mental Health plans on serving less people in 2009 and will receive less funding. Public Health has been given the responsibility of managing the account. They will ask for monthly logs and quarterly reports from the vendors, The contract for Domestic Violence is still being negotiated, Commissioner Austin moved to approve the contract with Jefferson Mental Health Services for mental health treatment. Commissioner Sullivan seconded the motion which carried by a unanimous vote, Commissioner Sullivan moved to approve the professional services contract with Safe Harbor Recovery Center, Commissioner Austin seconded the motion which carried by a unanimous vote, Discussion and Possible Approval of RESOLUTION NO, 88-08 re: Lease Purchase Agreementfor the Purpose of Procuring a "Law Enforcement Software System" and AGREEMENTS (2) re: 1) Technology Lease-Purchase Agreement No. 5093; Government Capital Corporation; and 2) Purchase of CAD Software System; Spillman Technologies, Inc.: Donna Hamlin, Jeffcom Director explained that the computer aided dispatch (CAD) program has not been meeting the needs of the E911 program, They advertised an RFP and Spillman Technologies was the successful bidder. In order to finance the equipment, Jeffcom is going through Government Capital Corporation who will give them as-year purchase-lease agreement on the CAD equipment, Spillman offered 0% interest on the software, Government Capital will defer payments until January I, 2010 because the purchase was not in Jeffcom's 2009 budget. Spillman will be able to start installation of the CAD equipment after the Board signs the contracts, Commissioner Austin noted that the Jeffcom Board discussed this purchase for about five months before they approved it. Donna Hamlin reviewed several problems that they have had with the current system, Commissioner Austin moved to approve RESOLUTION NO. 88-08 regarding the lease purchase agreement for procuring the software system, Commissioner Sullivan seconded the motion which carried by a unanimous vote. Commissioner Sullivan moved to approve all documents with Government Capital Corporation that are required to go forward with the resolution regarding the new 911 CAD system. Commissioner Austin seconded the motion which carried by a unanimous vote, Commissioner Sullivan moved to approve the contract with Spillman Technologies for the new CAD software system, Commissioner Austin seconded the motion which carried by a unanimous vote, Page 7 Commissioners Meeting Minutes: Week of December IS, 2008 (Q'" '~'. '.;., c.......' ~~.,. ~s"J".,'" Discussion and Possible Adoption re: Broadspit Conservation Easements: Matt Tyler, Parks and Recreation Manager explained that about a year ago Peter Bahls, Northwest Watershed Institute (NWI), made a request to the Parks Advisory Board and the Commissioners asking that the County give a Notice of Grant Agreement (grant easement) to the US fish and Wildlife Service and a Deed of Right to Use Land for Public Conservation Purposes to the State fish and Wildlife Service on the County's real property at Broad Spit Park. Both deed restrictions are permanent. The Parks Advisory Board met four times on the proposal and also took public input. After negotiating with the parties involved, the documents now meet the needs of the parties involved, This accomplishes three goals: Broad Spit Park is permanently preserved as a natural habitat, it is still accessible for public use, and any appropriate future uses are not restricted, Peter Bahls, NWI, stated that the deed restriction will be used to get some value to buy other property around Tarboo-Dabob Bay. It is worth $390,000 not to sell or clear-cut Broad Spit Park, The deed restriction provides a match for the Jefferson County Land Trust for a federal grant to buy a conservation easement on 120 acres of steep slopes that are located across the bay. The closing date for this Pope Resources property is this week Erik Steffens, Nature Conservancy, stated that the Nature Conservancy is going to use a fish and Wildlife grant to purchase a 30 acre property about a mile north of Broad Spit Park on the west side of Dabob Bay, Broad Spit will be used as the match. There are two documents that the County will need to sign, the deed of right and a grant contract which has not yet been finalized, Commissioner Austin moved to approve the Notice of Grant Agreement and the Deed of Right to Use Land for Public Conservation Purposes on Broad Spit Park, Commissioner Sullivan seconded the motion which carried by a unanimous vote. COUNTY ADMINISTRATOR'S BRIEFING SESSION: The following items were discussed. . Federal Economic Stimulus Package Request: The Washington State Association of Counties has requested a list of County projects that may be eligible for a new federal Economic Stimulus bill that President-elect Obama is proposing, The Board suggested a variety of County and regional projects for staff to evaluate that could be included on the list. . County Commissioner Committees: The Board discussed their 2009 committee assignments and which Commissioner will be the Chair in 2009. Staff will prepare a committee list incorporating the comments that the Board will consideration at the January 5 meeting, . Revenue and Expenditure Discussion: The County Administrator and the Board discussed a Jefferson County Other funds Revenue and Expenditure Summary - 2009 Budget, which highlights a number of separate County funds that need to be monitored closely because of their projected fund balances for 2009 and for preparation ofthe 20 I 0 budget, . CEO Meetings: The County Administrator ""ill be attending regular meetings of the Chief Executive Officers ofthe region's larger institutions, The meetings are designed to encourage information sharing and regional cooperation, Chaimlan Johnson left the meeting early because he had another obligation, Page 8 Commissioners Meeting Minutes: Week of December 15, 2008 "~"o"", " I' ~~'... ~\.,.",."" NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the meeting at 3:44 p.m, to the next regularly meeting on January 5, 2009, Commissioner Sullivan seconded the motion which carried, MEETING ~J9pRNED SEAJ*}~"J~~;1;" ',' '."'Vt.' ;<~, .t,. .,..~. f :< :. ""')",.:;->, - ~ ' 3,,' ...,>'~.<< " ;~~::. ',\'~'!!.'i!jY .;' AT """ . " ;\oJ .- '. ,.. '-.. .~, . . :;, 0/ ."\ ....?-~. f ~ ... . t"~_~~. ' J. .. ~ .... {., ~, 1 I"j . JEFFERSON COUNTY BOARD OF COMMISSIONERS ~fYJ~ cmc ~u1ie Matthes, CMC I Deputy Clerk of the Board 1aLd~- Davt1J~cl(~n, Member fixlJi&, Page 9