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District No.1 Commissioner: Phil Johnson
District No.2 Commissioner: David W. Snllivan
District No.3 Commissioner: John Anstin
County Administrator: Philip Morley
Clerk of the Board: Lorna Delaney
MINUTE S
Week of October 5, 2009
The meeting was called to order by Chairman David Sullivan at the appointed time in the
presence of Commissioner Phil Johnson and Commissioner John Austin.
PUBLIC COMMENT PERIOD: The following comments were made by citizens in
attendance at the meeting: A citizen commented that the Port Townsend Paper Mill is now making a profit
because some of its competitors have gone out of business; a citizen complimented the Commissioners on
their thorough review of the Shoreline Master Program (SMP) and stated that because ofthe extraordinary
community service by Joe D'Amico the process is publicly accessible by viewing his recorded videos which
is something that should be done by the County; another citizen commented on the quality of the Board's
deliberations on the SMP which took more than 27 hours over several days and included over 250 suggested
edits; a citizen commented that the Deputy Prosecutor recently laid off has more years of experience and
seniority than other equivalent employees in the Prosecutor's Office; a citizen expressed concern that there
is a new group being established to deal with the dissolved oxygen issues in Hood Canal which does not
include any individuals representing the interests of the property owners who will be affected upland from
the shore; a citizen feels sanicans should be placed along the Quilcene River and the County should make
this health concern a priority; a citizen stated that he is trying to arrange for a live- stream video of
Commissioner meetings and he suggested that the Board ask the Washington Counties Risk Pool
representatives if lawsuits challenging non-conforming use are covered by the County's insurance program;
another citizen said that the meeting rules for calling people out of order seem to be discriminatory and he
also asked about the Washington Counties Risk Pool investments and recent audit.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Austin
moved to approve the Consent Agenda as presented. Commissioner Johnson seconded the motion which
carried by a unanimous vote.
1. RESOLUTION NO. 55-09 re: Naming a County Road Old Point Whitney Road; Jefferson County
Public Works, Petitioner
2. AGREEMENT re: Complying with Business Associate Agreement Provisions Set Forth in the
Health Insurance Portability and Accountability Act (illP AA); AFLAC Administrative Services
3. AGREEMENT re: Dispensing Antiviral Medications; Jefferson County Public Health; Port
Hadlock Quality Food Center (QFC) Pharmacy
4. AGREEMENT Amendment No.1 re: Clerical Services for Conservation Futures Citizen Oversight
Committee; Jefferson County Public Health; Gail's Write For You
5. AGREEMENT No. EI0-061 re: State Enhanced 911 Funds; Jeffcom; Washington State Military
Department, Emergency Management Division
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Commissioners Meeting Minutes: Week of October 5, 2009
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6. Final Short Plat Approval, #SUB06-00025/MLA06-00474; To Subdivide 12.92 Acres into Two (2)
Lots Located North of State Route 104 and West of Garten Road, Port Ludlow; Nicholas Sinaly,
Applicant
7. Advisory Board Reappointments (5); Jefferson County Solid Waste Advisory Committee (SW AC);
Two (2) Year Terms; 1) Representing Skookum Environmental Services Division, Matt Hall to serve
a Term Expiring February 20,2011; 2) Representing the Port of Port Townsend, Tami Rubi to serve a
Term Expiring October 5,2011; 3) Representing the Port of Port Townsend Alternate, Terry Khile to
serve a Term Expiring October 5, 2011; 4) Representing the City of Port Townsend, John Merchant
to serve a Term Expiring April 26, 2011; and 5) Representing District #1, Joanne Tyler to serve a
Term Expiring August 28,2011
8. Appoint New Alternate Member to Represent Skookum Environmental Services Division on the
Jefferson County Solid Waste Advisory Committee (SW AC); Two (2) Year Term Expiring October
5,2011; Alysa Russell, Alternate Member; AND Thank you Letter to Stacy Hall, Previous Alternate
Member
9. Payment of Jefferson County Vouchers/Warrants Dated September 28,2009 Totaling $467,290.90
COMMISSIONERS BRIEFING SESSION: The Commissioners and the County
Administrator each reported as follows:
Commissioner Austin:
. The Department of Emergency Management was prepared for the recent Tsunami Warning
Commissioner Sullivan:
. He noted that there may be potential meeting conflicts with the Transit Retreat in October and
Health Board meeting in November
Commissioner Johnson:
. Discussed grant funding available through the state and federal government for continued restoration
of the Courthouse that may include improvements to the attic
. The Peninsula Daily News published a mis-statement that he is opposed to all aquaculture in
Jefferson County. For clarification he explained that he is opposed to finfish aquaculture in tank
fisheries
. There is a University of Washington study on the VHS virus that is coming to the Pacific Coast from
infected Atlantic Salmon. A Starrford University Research article reported that farmed salmon raised
in pens along the shore are particularly susceptible to diseases. The report sited instances where lice,
viruses and other pathogens have contaminated wild salmon stock swimming nearby.
Washington Counties Risk Pool Update: Washington Counties Risk Pool Executive
Director Vyrle Hill and Member Services Manager David Goldsmith were present to give an update to the
Board on the Washington Counties Risk Pool Insurance Program. David Goldsmith explained that the
Washington Counties Risk Pool is ajoint self-insurance program that was established in 1988 specifically
for counties. Currently, 28 counties participate in this program which is governed by a Board of Directors
with representatives from each county. The Board of Directors set the counties' insurance premium rate and
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Commissioners Meeting Minutes: Week of October 5, 2009
the scope ofthe coverage. The program includes both liability and property insurance. While the Risk Pool
does not provide crime insurance, environmental insurance, public official bonds or special event coverage,
their staff will assist counties with obtaining those coverages from other agencies.
The liability program is a self-insurance program that is funded by premiums paid by the participating
counties. Those funds are used to pay claims and purchase re-insurance which is additional insurance to
cover potential risks. The exposure unit within the liability program is based on worker hours of employees
and volunteers. It is a tort liability policy which covers all employees, Elected Officials, volunteers and
agents acting on behalf of the County. Employment practices is a major section within the policy due to
losses that have occurred over time. Third party liability on vehicles is also covered by the policy, however,
damage to vehicles is not covered because it costs more to purchase insurance for each vehicle than it does
to maintain a replacement account for them. The property insurance program is based on the assets of the
member counties which spreads the risk out over a large geographic area of the State. This allows the Risk
Pool to obtain large limits of insurance for lower premiums.
The Board of Directors made some changes to the policy this year. One change is that Public Records Act
(RCW 42.56) violations will no longer be covered. A violation of the Public Records Act creates an event
for which a county can be fined. An action resulting in a fine is not a tortuous activity and therefore is not
covered by the policy. Jefferson County has chosen a deductible of $1 0,000. The cost of most defenses for
Public Records Act violations are well within the amount of the deductible. Even though there is no
significant cost to the Risk Pool and it was decided that such violations are not covered by the policy, the
Risk Pool will be offering certification program to provide Public Records Act training for Public Records
Officials. The certification program will consist of a two-day training course which will focus on the laws
and compliance requirements of the Public Records Act, as well as a checklist on how to process public
records requests.
Another change to the policy is the addition of an opt-out provision. This provision pertains more to
counties that have larger deductibles who conduct most oftheir claims administration and litigation
internally. With this change counties have the option to litigate a particular case on their own without Risk
Pool involvement or coverage responsibility.
The final change was to bring the policy into compliance with RCW 4.96 which deals with indenmifying
and defending employees that are working within the scope of their employment.
Vyrle Hill reviewed a summary ofthe 2007-2008 insurance program and discussed the various layers of
insurance. The insurance renewal comparisons show an overall increase in premiums of28.7% paid this
year by the Risk Pool. The increase in premiums is due to losses that were incurred, the cost of reinsurance
at higher levels and the lack of investment options for insurance companies to make a profit.
Spreadsheets were reviewed showing premiums by component, premiums calculated for each county and
comparisons for exposure units, experience factors and deductibles for each county. A chart of the member
counties experience rating modification analysis was also reviewed.
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Commissioners Meeting Minutes: Week of October 5, 2009
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Vyrle Hill reported on the finances of the Risk Pool and noted that the State Risk Manager set their
"confidence level" rating at 97% which is an actuarial term for the probability that the Risk Pool has enough
coverage for any event that may develop. The goal of the Risk Pool is to achieve a rating of 98%.
David Goldsmith discussed member services and loss control coordination which includes training for
member counties. In addition to public records officer certification, the Risk Pool will also be focusing on
management and supervisory training because employment practice claims and lawsuits continue to be the
most frequently filed and most costly to defend.
Vyrle Hill presented the Washington Counties Risk Pool State Audit Reports for the past several years to be
included as a supplement to Jefferson County's State Audit Reports for those years. He explained that the
Risk Pool's State Audit Report includes intormation about an investigation of a former Risk Pool employee
who, while working for the Risk Pool in settling a case, illegally transferred real property to a family
member instead of transferring and recording the property in the name ofthe Risk Pool. That employee has
since been prosecuted and sentenced to five years in a State Penitentiary for theft of public property. The
Risk Pool is using its legal authority to acquire ownership ofthat property through quiet title and internal
procedures at the Risk Pool have been modified and improved to reduce the chance of a similar incident
occurring. Copies of the State Audit Reports are available on the State Auditor's website and on the
Washington Counties Risk Pool website.
PROCLAMATION re: Mental Illness Awareness Week: National Alliance on Mental
Illness (NAMI) representatives Darlene Grunke and Judy Tough were present when Chairman Sullivan read
the proclamation designating the week of October 5 through 11, 2009 as Mental Illness Awareness Week.
Commissioner Johnson moved to approve the proclamation. Commissioner Austin seconded the motion
which carried by a unanimous vote.
COUNTY ADMINISTRATOR'S BRIEFING SESSION:
County Administrator Philip Morley reviewed the following with the Commissioners:
. Calendar Coordination
. Courthouse Security
. Budget Update
. Miscellaneous Topics
- Washington Counties Risk Pool Presentation this morning
- Team Jefferson Update
- Research into video options for Board of County Commissioner meetings and budget feasibility
- Future Indigent Defense RFP and upcoming JAC contract amendments
- Jeff Com Update
- Follow-up to September 28,2009 Parks Cost Reduction Presentation
- Possibility offuture joint meeting(s) of Jefferson County, City of Port TO\^illsend, Port of Port
Townsend and Public Utility District
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Commissioners Meeting Minutes: Week of October 5, 2009
- State Parks Dosewallips MBR Sewer Project and possible inclusion of surrounding Brinnon
community
- Potential impact on the State Department of Ecology's proposed Chimacum Instream Flow Rule by
the recent State Attorney General Opinion on Kittitas County water issues and Department of
Ecology's authority to limit withdrawals from exempt wells to below 5,000 gallons
NOTICE OF ADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at
3:07 p.m. until the next regular Monday meeting at 9:00 a.m. or special meeting as properly noticed
pursuant to RCW 42.30.080. Commissioner Austin seconded the motion which carried by a unanimous
vote.
MEETING ADJOURNED
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