PACKET: Commissioners Meeting at Mon, Dec 11, 09:00 AM

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Chimacum Drainage District #1 Facilitation Services Amendment (Amendment No. 1 - Peak Sustainability Group)

Topic Summary

Jefferson County proposes to amend a Professional Services Agreement (PSA) with Peak Sustainability Group to increase the scope of work and funding for facilitating community conversations regarding the reactivation of the Chimacum Drainage District (DD1), originally formed in 1925 and now inactive. The increased scope is necessary because other stakeholders have become involved, leading to larger management questions, thus requiring additional budget authority to complete the public engagement and planning process.

Key Points

  • DD1, also known as the Chimacum Drainage District, was formed in 1925 but has been inactive for many years.
  • There is recent interest in reactivating DD1.
  • Peak Sustainability Group was originally contracted to facilitate community conversations to gauge interest in reactivation and plan a course forward.
  • The scope of work expanded due to the involvement of other stakeholders and the need to address "larger questions" pertaining to Chimacum Creek management.
  • The revised Scope of Work (Exhibit A, titled "Draft Preliminary Outreach Plan for Chimacum Creek Management and the Jefferson Drainage District 1 (DD1)") outlines six phases of community engagement to gather input on how stakeholders desire Chimacum Creek managed, including management goals and prospective legal tools (like reactivating DD1 or other options).
  • Phases 1 (Notification) and 2 (Public Hearing) have already occurred, resulting in the Board of County Commissioners (BOCC) declaring DD1 inactive for now, planning to revisit the decision in 2024 after further data collection and community engagement.
  • Phase 3 (In-person open house) is scheduled for January to accommodate farmers' harvest demands, aiming to provide an overview of the history of Chimacum Creek management, DD1's status, known problems, management plan goals, and legal options (including reactivation).
  • Phase 4 (Hybrid Focus Groups) consists of three listening sessions in February to understand landowner goals, desired outcomes, and preferences for legal management tools; an online survey will also be utilized.
  • Phase 5 (Workgroup Review) involves the DD1 workgroup reviewing Phase 4 feedback to develop recommendations for presenting to landowners.
  • Phase 6 (Open House to Share Recommendations) involves the project team presenting the recommendations from the DD1 workgroup, collecting final feedback in March, and then the workgroup making formal recommendations to the BOCC.
  • The outreach strategy involves collaboration between the Jefferson County Conservation District (CD), Washington State University Extension – Jefferson County (WSU), and Peak Sustainability.
  • The CD is receiving pass-through Department of Ecology grant funding from Jefferson County to create a Chimacum Creek management plan focused on impacts on farmland and habitat due to flooding and drainage, and opportunities for habitat restoration.
  • The existing PSA (Contract No. CDD2023) was approved on May 18, 2023, following an RFP or RFQ process.
  • The amendment is requested because the required scope exceeded the original contract amount.
  • The amendment process is marked as "Exempt from Bid Process."

Financials

  • Original contract (2023) not to exceed amount: $9,958
  • Requested additional funding (Amendment No. 1): $16,195
  • New total contract amount (not to exceed): $26,153
  • Funding Source for the additional cost: General Fund – Non-departmental (Fund #: 001-270)
  • Staff Cost Breakdown for Amendment No. 1 ($19,995 total cost, leading to $16,195 net additional cost):
    • David Roberts (Principal-in-Charge, 6 hours @ $195/hr): $1,170
    • Vivian Ericson (Project Manager, 95 hours @ $195/hr): $18,525
    • Subtotal Staff Costs: $19,695
    • Travel & Supplies: $300
    • Total estimated cost for new scope: $19,995
    • Unspent funds from original contract used to offset: $3,800
    • Net Additional Cost: $16,195

Alternatives

None specified.

Community Input

  • One phase of the plan (Phase 2) involved a public hearing in August where information on DD1 status was provided, and the BOCC declared DD1 inactive but decided to revisit the decision in 2024 after further community and data engagement.

Timeline

  • 1925: Chimacum Drainage District (DD1) was formed.
  • Prior to August 2023: Phase 1 (Notification of public process) occurred.
  • August [2023]: Phase 2 (Public hearing on status of DD1) occurred, resulting in the BOCC declaring DD1 inactive and deciding to revisit the decision in 2024.
  • December 6, 2023: Amendment No. 1 signed by Peak Sustainability Group (David Roberts, President).
  • December 11, 2023: BOCC Agenda date for Amendment approval.
  • January [2024]: Phase 3 (In-person open house) targeted for engagement, planned to accommodate the demands of the harvest on farmers.
  • February [2024]: Phase 4 (Three hybrid focus groups and online survey) scheduled.
  • March [2024]: Phase 6 (Open House) scheduled to share recommendations and collect final feedback.
  • Until project completion: Term of the amended contract.

Next Steps

The Board is recommended to approve the attached proposed Amendment No. 1.

Sources

  • Mark McCauley - County Administrator
  • David Roberts - President, Peak Sustainability Group
  • Philip C. Hunsucker - Chief Civil Deputy Prosecuting Attorney
  • Jefferson County Conservation District (CD)
  • Washington State University Extension – Jefferson County (WSU)
  • Department of Ecology (as a funding source for CD management plan)
  • Greg Brotherton - Chair, Jefferson County Commissioners
  • Carolyn Gallaway, CMC - Clerk of the Board

Topic Summary

The Department of Community Development (DCD) proposes adopting a new fee schedule for the Office of the County Fire Marshal to support the costs of implementing inspection, addressing, and permitting programs. The Fire Marshal staff intends to implement several new programs, including annual commercial and hospitality inspections and food truck permitting, following the establishment of these fees.

Key Points

  • The Office of the Fire Marshal is a newly established division within DCD.
  • Enabling language allowing fee collection was added to JCC Title 2.
  • The mission is to establish programs including annual commercial inspection, annual hospitality inspections (for transient/short-term rentals), and food truck permitting.
  • Staff (Fire Marshal and a prospective fire inspector) will conduct inspections, establish addresses per E911 regulations, perform plan reviews, and implement recommendations pending the completion of the Community Wildfire Protection Plan (CWPP).
  • The fees are based on DCD’s current hourly rate, indexed annually based on the September 2023 Consumer Price Index (CPI-W) per JCC 3.80.030.
  • A fee study analysis is currently in process, which may lead to future modifications upon BOCC approval.

Financials

  • The proposed fee schedule includes various operational and construction permit fees (2024 rates):
    • Mobile Food Truck (annual permit): $222.00
    • Hot work (permit): $333.00
    • Hospitality Life safety inspection (annual permit): $222.00
    • Temporary Fireworks Stands (per RCW 70.77): $100.00
    • Commercial Business Fire Inspection (simple): $222.00
    • Commercial Business Fire Inspection (complex): Varies ($222.00 Base + $111.00/hr)
    • Solar Panels - Roof mounted: $222.00
    • Fire Operational permits (unless otherwise noted): $333.00
    • Class 1 Hood and Duct Suppression (Construction Permit): $333.00
    • Address request - new (Construction Permit): $333.00
    • Fire Sprinkler Install or Modification (Construction Permit): $333.00
    • Fire Alarm Modification (Construction Permit): $333.00
    • Fire construction permits (unless otherwise noted): $333.00
    • Other/additional fees (plan review/inspection) billed hourly: $111.00/hr
    • Duplicate or replacement 911 address plates: $20.00
    • State Surcharge: $6.50
    • All permits will be charged a 5% technology fee.
  • Refund Policy: Refunds offered for the amount paid minus staff time expended at the hourly rate.

Alternatives

None specified.

Community Input

None present in the request or agenda (requested by the public to be pulled from Consent for public discussion).

Timeline

  • January 1, 2024: Effective date of the fee resolution.

Next Steps

Staff recommends the Board approve the attached resolution adopting the 2024 fee schedule.

Sources

  • Phil Cecere - Building Official Fire Marshal
  • JCC 3.80.020, JCC 3.80.030
  • RCW 70.77

Adoption of 2024 Simplified Indirect Cost Allocation Plan

Topic Summary

Jefferson County must formally adopt its Simplified Indirect Cost Allocation Plan (ICAP) for the fiscal year ending December 31, 2024, as required by federal regulations (2 CFR Part 200, Uniform Guidance). The plan is based on 2022 actual costs and establishes a Countywide Indirect Cost Rate of 16.64%, with a recommended adopted rate of 16.14% (a 0.5% reduction for contingency).

Key Points

  • The adoption of an ICAP is required per 2 CFR Part 200 for proper allocation of costs, particularly for federal awards.
  • The plan allocates costs for Accounting, Payroll, County Administration, Treasurer, and Building Depreciation using the simplified method.
  • The allocation basis uses "Direct Salaries" because it is a consistent metric across funds/departments.
  • The adopted ICAP will serve as the basis for determining overhead costs for State and Federal grant reimbursements and services provided to other agencies/districts.
  • Excluded Costs: Specific costs already recovered by billing (e.g., Public Works, Solid Waste, and Equipment Rental receiving accounting/payroll services, etc.) were deducted from the indirect cost pool.
  • The ICAP includes a detailed breakdown of Countywide Indirect Services (e.g., Auditor-Accounting, HR, Depreciation, totaling $1,477,712 in Indirect Cost) and Indirect Costs Associated with Direct Services (totaling $1,487,166 in Indirect Cost).

Financials

  • Total Identifiable Indirect Cost: $2,964,877
  • Total Direct Salaries & Wages: $17,821,713
  • Calculated Countywide Indirect Cost Rate: 16.64%
  • Recommended Adopted Indirect Cost Rate: 16.14% (a 0.5% reduction is recommended to alleviate possible minor refunds to grantors).
  • Fiscal Impact: The ICAP will allow Public Works funds (which includes County Roads and Tri-Area Sewer funds) to pay the General Fund $229,082 for its portion of indirect cost allocation. It will also reduce expenditures, where applicable, for grant reimbursements and contract billings.
  • The calculation tables identify total General Fund (GF) revenue of $27,017,299 for 2024 and $27,178,209 for 2025.
  • General Fund Expenditures are budgeted at $29,448,042 in 2024 and $29,191,748 in 2025.
  • Property tax is the largest single source of GF revenue: $8,960,000 in 2024.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • Year Ending December 31, 2024: Period covered by the adopted ICAP.
  • 2022: Actual costs used for the plan's calculation basis.

Next Steps

Approve the proposed Jefferson County Indirect Cost Allocation Plan and sign the attached resolution.

Sources

  • Judy Shepherd - Finance Manager
  • Mark McCauley - County Administrator
  • Greg Brotherton - Chair, Jefferson County Commissioners
  • Brenda Huntingford - Jefferson County Auditor
  • 2 U.S. Code of Federal Regulations (CFR) Part 200 (Uniform Guidance)

Topic Summary

The Board is requested to approve a resolution establishing the procedure for implementing emergency load limitations on various County roads during the 2023-2024 winter season. This regulatory action is taken in anticipation of inclement weather (rain, snow, frost) that can damage County roads and is authorized by state law (RCW 46.44.080).

Key Points

  • The authority to impose limitations is derived from RCW 46.44.080 to prevent serious damage or destruction to County roads due to conditions like rain, snow, or frost.
  • Restrictions shall not exceed 120 days from the effective date of the order.
  • The County Engineer is authorized to initiate and post restrictions based on conditions, notifying the Board through the County Administrator prior to implementation.
  • Notification will be placed in appropriate newspapers and on the County internet site.
  • Load Limits (Conventional Tires): Maximum Gross Load per Tire ranges from 1,800 Lbs (for tire widths 7.00 and 8-22.5) to 3,000 Lbs (for 11.00 and 12-22.5).
  • Special Allowance (for school buses, perishable/essential commodity carriers): Maximum Gross Load per Tire ranges from 1,800 Lbs (for 7.00 and 8-22.5) to 3,600 Lbs (for 11.00 and 12-22.5).
  • The County Engineer may issue special permits to exceed gross weight limits on a case-by-case basis, particularly for vehicles providing services necessary to the health and welfare of County residents, exclusively when an immediate threat to public health and welfare exists.
  • Maximum speed permitted on posted roads is 30 miles per hour, unless a lower legal speed applies.
  • Violators are subject to civil action for damages occasioned to the County road due to the violation.

Financials

  • This action is intended to provide cost savings to the County by preventing damage to roadways during vulnerable periods.
  • None specified.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • 2023-2024 Winter Season: Period when the restrictions may be implemented.
  • The order/restriction itself shall not exceed 120 days from its effective date.

Next Steps

The Board is requested to sign the Resolution where indicated and return a copy to Public Works.

Sources

  • Monte Reinders, P.E. - Public Works Director/County Engineer
  • RCW 46.44.080

Resolution to Revise Membership of the Jefferson County Marine Resources Committee (MRC)

Topic Summary

Jefferson County proposes to repeal and replace four earlier resolutions (No. 45-99, 11-00, 17-01, and 93-03) to officially revise the size and categories of membership for the Jefferson County Marine Resources Committee (MRC). The proposed change introduces a designated seat for local youth and aims to maintain a balanced and representative committee.

Key Points

  • The MRC was originally established by Resolution No. 45-99 on June 7, 1999.
  • The committee seeks to update its membership structure.
  • The revised MRC membership structure calls for a total of 13 voting members and 3 nonvoting members.
  • Voting Members (13 seats):
    • 1: Commercial Interests
    • 1: Environmental or Conservation Interests
    • 1: Recreation Interests
    • 1: Marine Science Practitioners, Educators, or Researchers
    • 1: Tribes
    • 1: City of Port Townsend
    • 6: Citizens (2 representatives from each Commissioner District)
    • 1: Local Youth (starting age of 15-21 years old)
  • Nonvoting Members (3 seats):
    • 1: Member of the Board of County Commissioners
    • 1: U.S. Navy
    • 1: Port of Port Townsend
  • Terms: The Local Youth representative shall serve up to a four-year term. All other members shall serve staggered, four-year terms.
  • The MRC membership selects its Chair and a representative to the Northwest Straits Commission by majority vote.

Financials

  • There is no fiscal impact associated with this resolution.

Alternatives

None specified.

Community Input

None specified.

Timeline

None specified.

Next Steps

Approve the Resolution, which will repeal and replace Resolutions No. 45-99, No. 11-00, No. 17-01, and No. 93-03 to adopt the revised membership shown in Exhibit A.

Sources

  • Monica Montgomery - Water Programs Coordinator, Jefferson County Marine Resources Committee and WSU Extension
  • Mark McCauley - County Administrator
  • Carolyn Gallaway - Clerk of the Board

Topic Summary

Jefferson County proposes to enter into an Interlocal Agreement (KC-2024) with Kitsap County for the provision of secure, standard juvenile detention services for Jefferson County Juvenile and Family Services. This "as needed" contract ensures Jefferson County youth offenders can be confined and receive appropriate services, including medical, mental health, and educational care, for a daily rate starting January 1, 2024.

Key Points

  • Kitsap County operates the Kitsap County Juvenile Detention Facility and is amenable to making space available for Jefferson County's juvenile offenders, as Jefferson County does not possess sufficient facilities.
  • The agreement is limited to the detention of juveniles for offenses within the jurisdiction of, and charged within, Jefferson County.
  • Confinement of a juvenile will not exceed 30 consecutive calendar days unless mutually agreed upon on a case-by-case basis.
  • Services Provided: Juvenile detainees will receive access to the same education, medical, dental, and other services provided to other confined juveniles, as required by law and Kitsap County policy.
  • Juvenile Age: Kitsap may continue to confine Juveniles up to age 21 upon prior written request from Jefferson County.
  • Ancillary Services: Juvenile Court services (probation, court services) remain the sole responsibility of Jefferson County and are not part of this agreement.
  • Right of Refusal: Kitsap County retains the right to reject, limit, or revoke the acceptance of any juvenile for confinement at any time.
  • Health Care Costs: Kitsap provides routine medical services at no extra charge. Jefferson County must reimburse Kitsap for all Additional Health Care Services (major medical, mental health, dental, emergency services, prescriptions, transportation, etc.) to Kitsap or third parties.
  • Indemnification: Jefferson County defends and holds Kitsap harmless for any claims arising from Jefferson's negligence or wrongful detention resulting from Jefferson's actions (e.g., wrongfully presented juvenile). Kitsap similarly defends and holds Jefferson harmless for claims arising from Kitsap's negligence or wrongful detention resulting from Kitsap's actions. Both parties have a proportionate liability clause (RCW 4.24.115).
  • Term: January 1, 2024, to December 31, 2024, with options for two additional consecutive one-year extensions (total term not to exceed three years).
  • Public Records: The agreement is subject to the Washington Public Records Act (Chapter 42.56 RCW).

Financials

  • Bed-Day Rate (Standard Detention): $150.00 per bed-day (exceeding 12 consecutive hours, including booking).
  • Partial Bed-Day Rate: $75.00 per partial bed-day (12 consecutive hours or less, including booking).
  • Total Expenditure (Estimated): Up to $55,000 is included in the 2024-2025 budget.
  • Rate Increase Clause: Rates increase annually by 100% of the CPI-U (Seattle-Tacoma-Bellevue area) for the prior 12-month period (ending December), capped at 6%.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • January 1, 2024: Agreement commencement.
  • December 31, 2024: Agreement termination date (unless extended).

Next Steps

The Board is recommended to sign the contract with Kitsap County.

Sources

  • Shannon Burns - Juvenile and Family Court Services
  • Mark McCauley - County Administrator
  • Michael S. Merringer - Director, Kitsap County Juvenile and Family Court Services (Kitsap County Representative)
  • Barbara L. Carr - Director, Jefferson County Juvenile and Family Court Services (Jefferson County Representative)
  • O.C. Hunsucker - Chief Civil Deputy Prosecuting Attorney
  • RCW 42.23 (Local Government Officers - Conduct), JCC 3.55.080 (Compliance certificate), Chapter 48.62 RCW (Risk Pool), Title 51 RCW (Industrial Insurance).

Topic Summary

Jefferson County is establishing a professional services agreement with Discovery Behavioral Healthcare (DBH), the local Community Mental Health Center, to serve as the fiscal oversight agent for the $896,804.78 Opioid "Distributor" Settlement funds received over 16 years. DBH will transfer funds to the independent Behavioral Health Consortium (BHC) and provide required semi-annual compliance reporting to the County.

Key Points

  • Settlement Amount: Jefferson County was awarded Opioid “Distributor” Settlement funds totaling $896,804.78.
  • Duration: Funds will be received and managed over a 16-year period. The contract term reflects this period, continuing through 2038.
  • County Action: The Board of County Commissioners dedicated this funding to the independent Behavioral Health Consortium (BHC).
  • DBH Role (Contractor): DBH will provide fiscal oversight of the funds and disburse funding to the BHC.
  • Reporting: DBH must provide eligible use reports (based on the Washington State Allocation Agreement) to the County semi-annually (July for January-June, January for July-December).
  • Compliance: The services and reporting must be consistent with the guidelines of the "Allocation Agreement Governing the Allocation of Funds Paid by the Settling Opioid Distributors in Washington State," dated August 8, 2022.
  • The contract duration (through 2038) exceeds the typical 5-year limit per JCC 3.55.040, but the Prosecuting Attorney approved it because the risk is low due to the County's 10-day termination clause.

Financials

  • Total Project Cost: $896,804.78 (pass-through of funds only; no cost to the County General Fund).
  • Payment Structure: When the County receives funds (per the interlocal agreement with Clallam, Kitsap, and Salish Behavioral Health ASO), the County will disburse them to DBH within a reasonable period.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • 2022-2038: Term of the agreement (16 years).
  • August 8, 2022: Date of the Allocation Agreement governing fund use.

Next Steps

Approval of this agreement so that funds can be disbursed to DBH when received.

Sources

  • Judy Shepherd - Finance Manager
  • Community Mental Health Center - Discovery Behavioral Healthcare (DBH)
  • Behavioral Health Consortium (BHC)
  • Philip C. Hunsucker - Chief Civil Deputy Prosecuting Attorney
  • RCW 4.24.115, Title 51 RCW (Industrial Insurance), 2 C.F.R. Part 255 and 230.
  • "Allocation Agreement Governing the Allocation of Funds Paid by the Settling Opioid Distributors in Washington State," dated August 8, 2022.

Topic Summary

The Prosecuting Attorney’s Office (PAO) requests approval of a two-year contract with Karpel Computer Systems Inc. for the initial licensing, installation, training, and annual support of their Project Management Software, PROSECUTORbyKarpel. This software aims to improve the PAO’s efficiency and is already used by other Washington counties.

Key Points

  • The software, PROSECUTORbyKarpel, is an industry-leading criminal case management platform.
  • The PAO expects the software to improve office efficiency.
  • The funds for this purchase were approved via the PAO’s 2023 third-quarter supplemental budget request, and annual service funding was approved in the 2024-2026 Biennial Budget.
  • The software includes 13 user licenses for PROSECUTORbyKarpel and one External Agency Portal license.
  • Timeline for Implementation: The agreement sets a general Project Scope/Timeline spanning 120 days of pre-implementation to a Go-Live date of June 10, 2024.
  • The installation uses a Microsoft Access data conversion.
  • Licenses may not be shared by more than one full-time employee or more than two part-time employees.
  • The contract includes a Memorandum of Understanding (MOU) for participation in the Statewide Data Sharing Portal, which allows contributing prosecution offices to share and search limited Criminal Justice Information (CJI) and Personally Identifiable Information (PII) for defendants, charges, and court dates, accessible only through PROSECUTORbyKarpel.

Financials

  • Total One-Time Costs (Installation, Software, Training): Not to exceed $75,200
    • Software Products/Licensing: $39,250 (13 licenses @ $2,250 + External Agency Portal @ $10,000)
    • Installation Services: $4,150
    • Professional Services (Conversion, Mock Go-Live): $14,300
    • Training Services (5 days onsite): $12,000
    • Estimated Travel Expenses: $5,500
  • Total Annual Support Services (starting upon Go-Live): $10,775
  • Total Contract Value (One-Time + First Year Support): $85,975
  • Payment Terms: 50% of the Software License fee is due within 30 days of contract execution (non-refundable deposit). The remaining one-time costs and first-year annual fees are due within 30 days of implementation completion/training.
  • Annual Cost Increase: Annual support pricing is capped at a 5% increase year over year.

Alternatives

  • The item was explicitly marked as Exempt from Bid Process.

Community Input

None specified.

Timeline

  • June 10, 2024: Proposed Go-Live date.
  • Term: 2 years (with annual renewal options for support).

Next Steps

The Board is requested to approve the attached contract.

Sources

  • Prosecuting Attorney's Office (PAO)
  • Philip Hunsucker - Contact Person, PAO
  • Mark McCauley - County Administrator
  • Karpel Computer Systems Inc. (Karpel Solutions)
  • James Kennedy - Jefferson County Prosecuting Attorney

Topic Summary

KPTZ, FM 91.9, which provides essential local emergency communication, requests approval to redirect $65,000 in American Rescue Plan Act (ARPA) grant funds, originally intended for a radio tower on Morgan Hill, to support a new tower and emergency studio project on Rainshadow Road. The Morgan Hill project was suspended due to permitting and personnel issues, and the Rainshadow Road site is considered "existential" to KPTZ's continued broadcasting, providing similar redundancy and emergency communication benefits to the County.

Key Points

  • Original Grant: KPTZ was awarded $65,000 in ARPA funds in 2022 for a radio tower on Morgan Hill to boost disaster communication and provide redundancy.
  • Project Change: KPTZ requests funds be redirected from the Morgan Hill site to the new Rainshadow Road site.
  • Justification: The Morgan Hill project faced delays. The Rainshadow Road site is necessary because the current transmitter landowner declined to sell or renew the lease, and KPTZ must move by the FCC deadline (April 8, 2024).
  • Redundancy/Emergency Benefit: Staff analysis confirms the Rainshadow Road tower yields the same benefits to the County as the Morgan Hill tower site (improved resiliency and emergency/disaster preparedness).
  • Rainshadow Road Scope: Includes constructing a new transmission tower and a small building to house the transmitter and serve as an emergency back-up studio with a generator for continuous operation.
  • Legal Issues: The Rainshadow Road project permit was disputed by local property owners, and a hearing is scheduled for February 21, 2024, in Superior Court. Planning continues pending resolution.

Financials

  • Grant Amount: $65,000 (already advanced to KPTZ).
  • Fiscal Impact of Request: None, as funds were already provided.
  • Rainshadow Road Estimated Capital Outlay (Total Project): Over $200,000.
    • Tower and antenna: upwards of $40,000
    • Emergency studio/transmitter facility: $25,000–$30,000
  • KPTZ funds are currently held in a dedicated account at First Federal Bank.

Alternatives

  • The original Morgan Hill project has been abandoned/suspended.

Community Input

  • Project dispute: A suit was filed by a couple on Rainshadow Road disputing the construction permit. A hearing is scheduled for February 21, 2024.

Timeline

  • 2022: Original ARPA grant awarded.
  • April 8, 2024: FCC permit expiration deadline for the move.
  • February 21, 2024: Superior Court hearing scheduled to resolve the permit dispute.

Next Steps

The Board is recommended to approve the attached grant agreement, which supersedes the Morgan Hill grant agreement and authorizes the use of the $65,000 ARPA funds for the Rainshadow Road project.

Sources

  • Mark McCauley - County Administrator
  • KPTZ, FM 91.9 (Grantee)
  • Kate Ingram - General Manager, KPTZ

Topic Summary

Jefferson County proposes approving a Legal Services Contract with Foster Garvey PC to provide bond counsel and other finance-related legal services. The immediate need is assistance with establishing a Line of Credit for the Port Hadlock sewer project. The contract maintains an existing, long-standing relationship with the firm and is structured with a multi-year term based on the continuing need for specialized bond counsel expertise.

Key Points

  • Purpose: Provide legal advice, consultation, and services, primarily for bond counsel (validity, tax-exempt status, securities laws) and other finance counsel services.
  • Immediate Need: Assistance with establishing a Line of Credit for the Port Hadlock sewer.
  • Key Personnel: Marc Greenough, Lee Marchisio, Stacie Amasaki, and Tina Kyle are named as specific attorneys, requiring appointment as special deputy prosecuting attorneys (per RCW 36.27.040).
  • Oversight: The Prosecuting Attorney is the overall client representative. The County Treasurer (Stacie Prada) is the day-to-day representative for bond counsel services.
  • Term: From execution date to October 15, 2026, with two possible one-year renewals.
  • Conflicts of Interest: The County expressly recognizes and waives potential conflicts related to Foster Garvey's existing representation of the City of Port Townsend and the Jefferson County Public Utility District on finance and other matters.
  • Client Responsibilities: The County must provide certified proceedings and certifications of public officials.
  • Contingency: The firm's legal opinion regarding validity and tax-exempt status is contingent upon the successful issuance and delivery of the bonds or notes.

Financials

  • Compensation for Bond Counsel (Section A of Exhibit 1): Payable only upon issuance of the bonds/notes, based on a fee schedule (Exhibit 2). Maximum compensation is limited to $35,850 without further express BOCC authorization.
    • General Obligation Bonds Fee Structure (Base Fee + Add'l per $1,000 Par Amt): $7,500 + $2.40 (for $1M), up to $69,600 + $0.25 (for $100M).
    • Revenue Bonds Fee Structure (Base Fee + Add'l per $1,000 Par Amt): $9,000 + $2.88 (for $1M), up to $83,520 + $0.30 (for $100M).
    • Adjustments: Refunding issues are 1.2x the fee; Build America Bonds are 1.5x the fee; Notes are 0.66x the fee.
  • Compensation for Other Services (Section B of Exhibit 1, hourly work): Billed monthly based on standard hourly rates reduced by 10%, but not exceeding $360 per hour, plus expenses.
  • Funding Source: Loan costs, including interest and professional services, will be incorporated into loan closing documents and borne by the Sewer Fund.

Alternatives

  • The item was explicitly marked as Exempt from Bid Process.

Community Input

None specified.

Timeline

  • Term: From execution to October 15, 2026.
  • The original contract was entered into in 2017.

Next Steps

The Board of County Commissioners is recommended to approve the attached contract.

Sources

  • Stacey Prada - County Treasurer
  • Mark McCauley - County Administrator
  • Philip C. Hunsucker - Chief Civil Deputy Prosecuting Attorney
  • Marc Greenough - Foster Garvey PC Attorney
  • RCW 36.27.040 (Appointment of Special Deputy Prosecuting Attorney)
  • Washington State Constitution, Title 51 RCW (Industrial Insurance).

Topic Summary

Jefferson County Public Health (JCPH) seeks approval for a sole source contract with MCS Counseling Group to provide social support services to Environmental Health professionals dealing with complex compliance cases. The program aims to develop an alternative enforcement process that addresses the underlying behavioral, mental health (e.g., hoarding), physical disability, and economic challenges faced by affected individuals.

Key Points

  • JCPH's Environmental Health team requires expertise in handling cases involving individuals experiencing mental health impairment, hoarding, physical disability, economic challenges, and homelessness.
  • The goal is to shift traditional enforcement toward an alternative process that uses social services intervention.
  • MCS Counseling Group was identified as a sole source provider in the area due to its existing experience, credentials, and experience providing supervisory services to the YMCA family navigator and the City of Port Townsend Police Department.
  • Scope of Work (Exhibit A, Task 1): Develop a policy and procedure for an alternative environmental enforcement process, identifying case eligibility, milestones, priority cases, compliance timelines, and confidentiality/waiver provisions for sharing information with staff.
  • Scope of Work (Exhibit A, Task 2): Conduct training for Environmental Health Professionals on motivational interviewing/de-escalation, mental health awareness, and identify a model framework for working with mental health conditions (like hoarding).
  • Scope of Work (Exhibit A, Task 3): Engage with the Jefferson County social service community and enforcement teams to facilitate the program.

Financials

  • Total Contract Amount (Not to Exceed): $30,000
  • Funding Source: Foundational Public Health Services (Fund # 127, Munis Org/Obj 12756200).
  • Budget Breakdown (Exhibit B):
    • Coaching and Supervision (20 hours @ $150/hr): $3,000.00
    • Teaching (16 hours, 2 Units @ $250/hr): $8,000.00
    • Transportation (8 units @ $50/unit): $400.00
    • Consulting Fee (80 hours @ $200/hr): $16,000.00
    • Total: $27,400 (The total of the listed items is $27,400; the contract amount is $30,000).

Alternatives

  • Sole Source: JCPH reached out to five known local mental health consultants and one in Clallam County; MCS was the only one able to take on the project.

Community Input

None specified.

Timeline

  • December 1, 2023: Agreement commencement.
  • June 15, 2024: Agreement termination.

Next Steps

JCPH recommends approving the sole source contract for MCS Counseling.

Sources

  • Pinky Feria Mingo - Director, Environmental Health and Water Quality
  • Denise Banker - Director, Community Health
  • Julie Canterbury - Owner/Therapist/Supervisor, MCS Counseling Group

Topic Summary

Jefferson County Public Health requests approval for Amendment No. 8 to an existing grant agreement with the Washington State Recreation and Conservation Office (RCO) related to the Dosewallips River Powerlines Acquisition and Design project. The amendment secures an additional $27,500 in funding, bringing the total grant amount to $616,619.

Key Points

  • The amendment pertains to the Dosewallips River Powerlines Acquisition and Design project.
  • The contract involves the Washington State Recreation and Conservation Office (RCO).
  • No specific analysis or purpose for the increase is immediately provided beyond the need for additional funding.

Financials

  • Requested Additional Amount: $27,500
  • New Total Grant Amount: $616,619
  • Funding Source: Washington State Recreation and Conservation Office (RCO) grant.

Alternatives

None specified.

Community Input

None specified.

Timeline

None specified.

Next Steps

Approve Amendment No. 8 to the agreement.

Sources

  • Public Health
  • Washington State Recreation and Conservation Office (RCO)

Topic Summary

Public Works requests approval for Change Order No. 1 to the contract with Henden Electric for the Oak Bay Campsite Electric Project (Phase 2), which involves installing electric service to 12 campsites, including the new caretaker site. The change order adds scope for future internet access conduit and corrects a sales tax error, resulting in an increased contract price.

Key Points

  • Contractor: Henden Electric.
  • Project Scope Change: Includes the installation of a 1-inch low voltage conduit (with pull string) from the PUD utility pole to the caretaker site meter, and from the meter to the site, specifically anticipating future internet data cable access (Astound Broadband is available, and PUD plans to install fiber optic).
  • Tax Correction: Corrects the original contract's sales tax assumption from 9.0% to 9.1%.
  • Project Duration: The original 60-day contract time remains unchanged.

Financials

  • Original Contract Amount (incl. 9.1% sales tax): $78,687.10
  • Increase due to conduit installation and cost: $4,167.62
  • Increase due to Sales Tax Correction (9.0% to 9.1%): $72.19
  • Estimated Net Change This Order: $4,239.81
  • Estimated Contract Total After Change: $82,926.91
  • Funding Source: Jefferson County Capital Improvement Funds.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • November 23, 2023: Date of Change Order document.
  • Original Contract Time: 60 days.
  • New Contract Time: 60 days (No change to time).

Next Steps

Public Works recommends the Board execute all three originals of Change Order No. 1 with Henden Electric.

Sources

  • Monte Reinders - Public Works Director/County Engineer
  • Matt Tyler - Public Works Department Contact
  • Henden Electric - Contractor
  • Mark McCauley - County Administrator

Topic Summary

Public Works requests approval for Change Order No. 4 with Seton Construction for the Port Hadlock Sewer Phase 1 project. This change order increases costs to revise the design and materials for the low-pressure sewer cleanouts, standardizing the components across all sewer construction phases and improving the design detail.

Key Points

  • Project: Port Hadlock Sewer Phase 1 - Site Prep., Earthwork and Service Utilities (Project No. 405-2114-0).
  • Change Justification: Change includes revising the materials and improving the design detail for the low-pressure sewer cleanouts to standardize materials and installation methods consistent across all sewer construction phases.
  • Scope of Work (Detail): Deletes 4 units of the original "Pressure Sewer Cleanout" (Item 25 @ $3,000/Unit = -$12,000.00) and adds 4 units of the detailed/revised "Pressure Sewer Cleanout" (Item 25 R1 @ $7,861.00/Unit = $31,444.00).
  • Duration Change: Adds 2 days to the contract time.
    • Original Contract Time: 100 days
    • Current Contract Time: 112 days
    • New Contract Time: 114 days

Financials

  • Original Contract Amount (incl. 9.1% sales tax): $1,243,245.78
  • Current Contract Amount (incl. 9.1% sales tax): $1,550,086.52
  • Estimated Net Change This Order (Subtotal): $19,444.00
  • 9.1% Sales Tax: $1,769.40
  • Estimated Net Change Total: $21,213.40
  • Estimated Contract Total After Change: $1,571,299.92
  • Funding Source: Project is funded at 100% by the Department of Commerce.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • New Contract Time (Total): 114 days.

Next Steps

Public Works recommends the Board authorize Change Order No. 4 with Seton Construction.

Sources

  • Monte Reinders, P.E. - Public Works Director/County Engineer
  • Samantha Harper, P.E. - Project Manager
  • Seton Construction - Contractor
  • Department of Commerce (100% funding source)

Topic Summary

Public Works requests approval for Change Order No. 5 with Seton Construction for the Port Hadlock Sewer Phase 1 project. This change substantially increases costs and time to cover increased quantities for hauling import sand, grading the treatment plant site (WWTP), spreading bark mulch, and disposing of unsuitable soil. These changes were necessary due to unforeseen soil issues at the infiltration facility (linked to Change Order #2) and were carried out to fully prepare the treatment plant site for the incoming WWTP contractor.

Key Points

  • Project: Port Hadlock Sewer Phase 1 - Site Prep., Earthwork and Service Utilities (Project No. 405-2114-0).
  • Change Justification:
    • Disposal of Unsuitable Topsoil: Necessary as the original stripped soil was unsuitable for landscaping.
    • Import Sand Hauling: Additional sand was needed for the infiltration facility due to the removal of unsuitable soil/concrete (related to Change Order No. 2). Sand was hauled from the Wastewater Treatment Plant (WWTP) site to the infiltration facility.
    • WWTP Grading: The additional sand demand/hauling and grading of the WWTP site were modified for a "better prepared treatment plant site" for the second phase WWTP contractor. Some work included in this change order would have otherwise fallen under the WWTP contract.
    • Bark Mulch: Provided and spread bark mulch from trees that were felled.
  • Duration Change: Adds 31 days to the contract time.
    • Original Contract Time: 100 days
    • Current Contract Time (after Change Order No. 4): 114 days
    • New Contract Time: 145 days

Financials

  • Current Contract Amount (after Change Order No. 4): $1,571,299.92
  • Estimated Net Change This Order: $311,904.94 (This amount includes a 9.1% Sales Tax of $26,015.90)
  • Estimated Contract Total After Change: $1,883,204.86
  • Cost Breakdown (Subtotal $285,889.04, excluding tax):
    • Disposal of Unsuitable Topsoil B (6,480 CY @ $7.52/CY): $48,729.60
    • Bark Mulch (12,038 SY @ $3.84/SY): $46,225.92
    • Sand Import (from WWTP to Infiltration Facility) (7,246 CY @ $8.92/CY): $64,634.32
    • WWTP Grading (15,440 CY @ $8.18/CY): $126,299.20
  • Funding Source: Project is funded at 100% by the Department of Commerce.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • New Contract Time (Total): 145 days.

Next Steps

Public Works recommends the Board authorize Change Order No. 5 with Seton Construction.

Sources

  • Monte Reinders, P.E. - Public Works Director/County Engineer
  • Samantha Harper, P.E. - Project Manager
  • Seton Construction - Contractor
  • Department of Commerce (100% funding source)

Topic Summary

The Board of County Commissioners is requested to authorize the issuance of a Request for Proposals (RFP) for the distribution of $194,130 in unallocated Affordable Housing Funds for qualifying projects in 2024. This action follows the Housing Fund Board's recommendation and confirms the maximum available funding.

Key Points

  • Funding Mechanism: Funds come from the County’s 1590 Funds (County Fund 148), generated by the 1/10th of 1% sales tax authorized by SHB 1590 and governed by RCW 82.14.530.
  • The Housing Fund Board approved a motion on December 7, 2023, recommending that the BOCC issue the RFP.
  • Staff analysis confirmed the available unallocated amount for 2024 is $194,130.
  • The RFP seeks proposals from organizations for projects that meet eligibility under House Bill 1590 and RCW 82.14.530 for Affordable and Supportive Housing funds.

Financials

  • Maximum RFP Amount (Unallocated Funds): Not to exceed $194,130 (Commitment of Fund 148).
  • Fiscal Impact of Request: None directly; approval leads to future grant awards totaling this amount.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • December 13, 2023 and December 20, 2023: Proposed publication dates for the Call for Proposals.
  • December 22, 2023 (4:00 p.m.): Proposal Deadline (received in County Administrator’s Office).
  • Calendar Year 2024: Period for projects to be undertaken and funds to be provided.

Next Steps

Authorize the issuance of an Unallocated Funds for Affordable Housing RFP in an amount not to exceed $194,130.

Sources

  • Carolyn Gallaway - Clerk of the Board
  • Mark McCauley - County Administrator
  • RCW 82.14.530 (Affordable and Supportive Housing Funds)
  • SHB 1590 (1/10th of 1% sales tax)
  • Housing Fund Board

Topic Summary

The Board of County Commissioners is requested to approve the appointment of Dan Taylor as a Member of the Jefferson County Civil Service Commission due to a vacancy. The recommendation follows a review by the Civil Service Commission after a public solicitation for applicants.

Key Points

  • An application was received on November 28, 2023, for the vacancy.
  • The Civil Service Commission recommends the appointment of Dan Taylor as Member.

Financials

None specified.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • Term: To expire December 11, 2028.

Next Steps

Approve the recommendation for the Civil Service Commission appointment of Dan Taylor.

Sources

  • Wendy Housekeeper - Executive Secretary I
  • Mark McCauley - County Administrator

Topic Summary

The Board is asked to approve the payment of Jefferson County Payroll Warrants dated December 5, 2023, totaling $2,348,943.53.

Key Points

  • The payment date for the warrants is December 5, 2023.

Financials

  • Total Payroll Warrants Approved: $2,348,943.53
    • Payroll Checks: $14,943.71 (Check #'s: 15849-15852)
    • Payroll Direct Deposit: $1,281,618.03 (Advice #'s: 10089279-10089603)
    • Benefits Paid: $1,052,381.79 (AP Warrant #'s: 100222857-100222881; ELECTRONIC PAYMENTS)

Alternatives

None specified.

Community Input

None specified.

Timeline

  • December 5, 2023: Payment date for the warrants.

Next Steps

Approve the payment.

Sources

  • Payroll Services Manager
  • Jefferson County Auditor’s Office

Adoption of the Final 2024-2025 Jefferson County Biennial Budget

Topic Summary

The Board of County Commissioners held a public hearing and deliberations on December 4, 2023, and is now proposing to adopt the Final Jefferson County 2024-2025 Biennial Budget. The final budget includes the General Fund and Other Funds, operating transfers, the County Road Construction Program, the Capital Improvement Program, and Central Services Cost Allocation Plans for the two-year period.

Key Points

  • The final budget is identical to the recommended budget reviewed on December 4, 2023.
  • The biennial appropriations expire on December 31 of each year (2024 and 2025).
  • Budget policies include non-salary increases capped at 1.5% and a General Fund minimum reserve of 15% ($4.417M in 2024).
  • Compensation: Includes a 12% pay increase over the next three years, step increases (2.5% to 3%), transition to a Personal Time Off (PTO) model, and other benefit enhancements to address long-term competitiveness and affordability.
  • Staffing: The total Full-Time Equivalent (FTE) positions for the County increase from 305.39 in 2023 to 328.09 in the 2024 budget (a variance of 22.71 FTEs). Key FTE increases are noted in:
    • General Fund: 6.95 FTEs added (e.g., County Administrator 1.58, Elections 1.26, Prosecuting Attorney 1.00).
    • Other Funds: 15.76 FTEs added (e.g., Tri Area Sewer 3.24, Community Development 3.65, Public Health 1.95).
  • General Fund Enhancement Highlights (2024): $1,068,221 in base budget additions and $484,848 in one-time additions, including funding for:
    • Election requirements (due to legislative changes).
    • Added Paralegal Support Staff (PAO).
    • Sheriff's 3-year contract with Hoh Tribe for law enforcement.
    • Increased services (JeffCom, Energov) in Non-Departmental.
    • Added cost for a new Fairgrounds agreement (Community Services).
  • Other Funds Enhancement Highlights (2024): $199,500 in base additions and $367,000 in one-time additions, including a Search and Rescue Vehicle (Title III) and a new Recreation Supervisor (Parks & Recreation).
  • Hadlock Sewer: Now fully funded and under construction, contributing significantly to the larger overall "All Funds" budget total.

Financials

  • Total All Funds Budget (2024):
    • Revenues: $101,454,564
    • Expenditures: $109,821,429
  • General Fund Budget (2024):
    • Revenues: $27,017,299
    • Expenditures: $29,448,042
    • Estimated Ending Fund Balance: $7,666,586
    • Note 15% Recommended Reserve: $4,417,206
  • Road Construction Program and Capital Improvement Program: Adopted as part of this budget document.

Alternatives

None specified in the adoption process.

Community Input

  • A public hearing on the recommended budget was conducted on December 4, 2023.

Timeline

  • 2024-2025: Biennial Budget period.
  • December 4, 2023: Public hearing on the recommended budget.
  • December 11, 2023: Budget adoption agenda date.

Next Steps

Approve the proposed Resolution adopting the Jefferson County 2024-2025 Biennial Budget and all associated programs and plans.

Sources

  • Mark McCauley - County Administrator
  • Judy Shepherd - Finance Manager
  • Resolution No. 30-23 (Objectives and Procedures for 2024-2025 Budget)
  • Resolution No. 41-19 (Minimum recommended reserve amounts)
  • RCW 36.40 (Budget)

Shoreline Master Program (SMP) Periodic Review: Transmittal of Planning Commission Recommendation

Topic Summary

The Board of County Commissioners (BOCC) is receiving the Planning Commission's recommendation for amendments resulting from the mandatory Shoreline Master Program (SMP) Periodic Review (required by RCW 90.58.080(4)). The decision before the Board is whether to accept the Planning Commission's recommendation immediately or to schedule a public hearing prior to adoption. The SMP amendments aim to align the county code with new state laws (WAC 173-26) and address regulatory reform, particularly concerning geoduck aquaculture and residential buffer modifications.

Key Points

  • Purpose of Review: The SMA requires review every eight years to meet new laws and rules, ensure consistency with the Comprehensive Plan, and respond to changed circumstances.
  • Process History: The review started in 2020 via a Task Force, went through initial Planning Commission deliberation, and received an Ecology Initial Determination of Consistency in September 2022. Final Planning Commission deliberations and recommendations (by a 7-to-1 vote) were completed on November 15, 2023.
  • Key Issues Addressed:
    • Geoduck Aquaculture (Aquaculture Chapter 18.25.440): The recommendation sets a mixed approach to Conditional Use Permits (CUPs) based on the Shoreline Environment Designation (SED) (Priority Aquatic, Aquatic, Natural, Conservancy, etc.) and the type of activity (new farm, conversion, or expansion).
      • CUP Requirement: New geoduck operations require a CUP in all zones; conversions and expansions require CUPs in the higher protection zones. The approach seeks to partially reconcile landowner concerns (seeking standard CUPS with public hearings) and producer needs (seeking less onerous regulatory paths).
      • Aesthetics Standard: An aesthetics analysis remains a submittal requirement.
    • Residential Buffer/Setback Modifications (Chapter 18.25.270 ff.): Revisions clarify different avenues to accommodate residential development while ensuring "no net loss" (NNL).
      • Modest Home Provision: Retained for nonconforming lots (lots with insufficient depth to meet the standard buffer), allowing limited encroachment (up to 2,500 sq ft building area) with required buffer enhancement.
      • Common Line Provision: Retained but modified to apply only to conforming lots to allow view accommodation, ensuring there is no overlap between modest home (nonconforming lots) and common line (conforming lots).
      • Buffer Reduction/Averaging: Clarified maximum standard buffer reduction to 50% when supported by a qualified professional's special report, otherwise a variance is required.
    • Procedural Shift: Shoreline Substantial Development Permits (SDPs) are recommended to change from a Type III (public hearing required) decision to a Type II (administrative with public comment period) decision (JCC 18.40.040 change).
  • Public Comment Received (Sep 20 – Oct 4, 2023): 23 written letters and oral testimony focused primarily on requiring mandated public hearings (Standard CUP/Type III) for all geoduck operations/expansions, citing concerns over ecological impacts, aesthetics (PVC tubes), and consistency with neighboring counties (Kitsap/Clallam). Industry commenters urged acceptance of the draft, citing sufficient existing federal/state regulation and the need to support the water-dependent use.
  • State Role: Ecology has final authority to approve or require changes to the SMP regardless of the BOCC's process (hearing or no hearing).

Financials

  • Staff states DCD has budgeted for the periodic review irrespective of a public hearing. The fiscal difference between accepting the recommendation or holding a hearing is considered "unsubstantial... considering the relative importance."

Alternatives

  1. Accept the Planning Commission recommendation: Forgo a BOCC public hearing and transmit the current package (with Planning Commission amendments) to Ecology for final review.
  2. Schedule a public hearing before the Board: Tentatively scheduled for January 8 (deliberation TBD, ordinance adoption TBD).

Community Input

  • Stark opposition between residents championing automatic Standard CUPs (public hearing required for all geoduck actions) and industry/staff preference for balanced/discretionary CUP authority based on SEDs/scale. Opponents cite the significant impact of PVC gear (up to 11 tons per acre) and the destruction of eelgrass/habitat.

Timeline

  • November 15, 2023: Planning Commission formally voted to recommend the amendments.
  • Early 2024 (Tentative): Final ordinance adoption by the BOCC.
  • Post-BOCC adoption: Submittal to Ecology for final review and state public comment period.

Next Steps

Staff requests a motion to choose either to accept the Planning Commission recommendation or to schedule a public hearing.

Sources

  • Josh D. Peters - Community Development Director
  • Richard Hull - Chair, Planning Commission
  • BERK Consulting, Inc. (Consultant)
  • Shannon & Wilson (Consultant)
  • WAC 173-26 (Shoreline Master Program Guidelines)
  • RCW 90.58 (Shoreline Management Act)

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