MEETING: Commissioners Meeting at Mon, Jul 15, 09:00 AM

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JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING SUMMARY

Change in Fire Danger Level and Burn Restrictions

Metadata

  • Time Range: 00:00:52.238–00:12:08.908
  • Agenda Item: Discussing July 10th Change in Fire Danger Level and Burn Restrictions
  • Categories: public safety, ordinances, operations

Topic Summary

The Board of County Commissioners (BoCC) held an informational session regarding the declaration of a High Fire Hazard and implemented burn restrictions effective July 10, 2024. Per a new ordinance, the Fire Marshal, Phil Cecere, made the declaration in consultation with fire chiefs due to increasingly dry conditions and action taken by the Washington State Public Lands Commissioner. The declaration prohibits fireworks, recreational burning (campfires), outdoor activities involving charcoal briquettes in public parks/campsites, and restricts target shooting to designated ranges using non-incendiary ammunition.

Key Discussion Points

  • The Fire Marshal, Phil Cecere, confirmed the change from moderate to high fire danger occurred on Wednesday afternoon, July 10th, after a weather briefing and following the Commissioner of Public Lands declaring a high burn restriction for all Washington State lands and the DNR escalating the central lowlands area (01:41:826).
  • The intent was a "preemptive measure" to circulate the message before the weekend, as DNR announcements often come out on Friday (01:54:130).
  • Cecere noted that the declaration had to be slightly amended to add clarity on prohibited activities, which include banning fireworks (a moot point post-July 4th) (02:40:362).
  • The high danger level prohibits the use of charcoal briquettes "in a campground or in a public park" but allows their use at home "in a listed and labeled barbecue device" (04:49:058).
  • High fire danger limits targeting to ranges, prohibiting incendiary ammunition, though hunting remains permitted (05:34:172).
  • Commissioner Eisenhour noted the extremely dry conditions she observed while watering her gardens (06:47:430).
  • Fire Marshal Cecere stated that the chiefs are reviewing new weather models predicting lightning risk, which could lead to another quick amendment, but the goal is "consistency" and not to "play this like a yo-yo" by changing it weekly (02:54:641).
  • If the danger is escalated to "Very High," the only additional prohibition would be restricting charcoal use even at residences, allowing only propane-fired gas grills and pellet grills, which can be shut down instantly (07:51:908–08:21:249).
  • Cecere confirmed that most recent minor brush fires in the county were quickly resolved, though a couple were "human-caused" and one is a "suspected arson" (10:37:600–11:01:726).
  • Commissioner Dean acknowledged the successful first trial run of the new ordinance, which grants the Fire Marshal authority to change risk declaration with fire chief consultation (11:39:577).

Public Comments

  • No public comment on this topic during this specific discussion, but related comments were received during the subsequent public comment period.

Supporting Materials Referenced

  • JCC 8.72.040, JCC 8.75.040(2) (Implicitly, the underlying ordinances granting the Fire Marshal authority and defining the restrictions).
  • Declaration noted that DNR Commissioner Hilary S. Franz implemented a ban on all forest lands under DNR fire protection across Washington State through September 30, 2024.

Financials

  • Financial discussions were limited to the observation that wildfires result in "large expenditures of public funding that can be avoided through prudent actions to prevent them" (Implicitly from the DNR reference).

Alternatives & Amendments

  • No formal proposals were discussed, but Fire Marshal Cecere mentioned that escalating to "Very High" would restrict charcoal use even at residences (07:51:908).

Outcome, Vote, and Next Steps

  • Decision: No formal action needed, as the Fire Marshal exercised authority under existing ordinance.
  • Vote: N/A; item was informational.
  • Next Steps:
  • - Fire Marshal Cecere: Continue monitoring weather, coordinating with chiefs, and prepare for potential further amendments regarding lightning risk.
  • - BoCC / Staff: Integrate feedback regarding enhancing public notification methods for the fire hazard level (discussed during subsequent public comment).

Public Comment

Metadata

  • Time Range: 00:12:10.664–00:36:45.759
  • Agenda Item: Open Public Comment
  • Categories: public safety, housing, personnel, permits, services, infrastructure

Topic Summary

The public comment period addressed several critical local issues, including fire danger communication, housing/shelter grievances, property crime in Brinnon, air quality, and permitting challenges. Commissioners Markings, Dean, and Eisenhour provided individual responses detailing follow-up actions and affirming support for several county services and partner programs.

Key Discussion Points

  • Commissioner Markings deferred comment response until the end of all public comments (00:14:38.328).

Public Comments

  • - Tom Thiersch (County Resident): Thanked the Commissioners for the fire danger announcement. Requested putting a recognizable graphic (like the red/green dial) showing the current fire danger level prominently on the top banner of the Jefferson County homepage as a hyperlink leading to the explanation on ejafr.org (East Jefferson Fire Rescue). Stated there is currently no reciprocal weblink between the county and the fire district websites (01:35:100–01:42:192).
  • - Julia (Zoom): Announced that she will be streaming the Shelter Coalition meetings at the Recovery Cafe to provide a middle ground alternative to in-person/virtual meetings and increase accessibility. She requested confirmation whether the meetings are "every other week" or the "1st and the 3rd" of every month to reserve a private room (01:48:871–01:53:796).
  • - Maggie (In Room): Raised concerns about conditions at the Bayside shelter. Alleged that a "monitor" would not allow her to physically take a "Release of Information" (ROI) paperwork away to review with an advocate, and that shelter manager Elizabeth also couldn't find the paperwork later. Stated residents are being threatened with eviction if they refuse to sign papers, including a potential Code of Conduct, without benefit of an advocate, alleging that the forms appear intended to retaliate against consumers who have brought up Fair Housing Act violations. Claimed residents are afraid of people affiliated with the American Legion, referencing an incident where an army-affiliated individual "pranked" the shelter with a modified tape measure (01:57:186–01:5:27:457).
  • - Shelley (Zoom): Implored all three Commissioners to arrange a tour of the Pleasant Harbor Resort property as she understands none have visited, noting the resort is "struggling to work their way through the Permit process" and the tour would be helpful. Second, she complained about a "notorious husband duo" in Brinnon "casing properties in the wee hours" and committing crimes, noting deputies dismissed a complaint because the suspects drove a black truck, not a white truck, despite the crimes continuing. Expressed extreme frustration that arrests are made but bail is reachable, allowing immediate re-offending, and worried "A death isn't what anyone... want[s] on our hands" (02:02:875–02:59:844).
  • - Lori McCann (Communications Coordinator, Port Townsend Paper Company): Made a public statement regarding the recent ATSDR (Agency for Toxic Substances and Disease Registry) air quality meeting. Provided background on the mill's continuous operation since 1928 and proud commitment to the community. Stated the mill produces unbleached pulp, craft paper, and container board, generating steam through byproducts to reduce fossil fuel use. Clarified that most visible emissions are "water vapor and steam." Noted the mill discontinued the use of the M&D digester (sawdust cooker) several years ago to reduce emissions and works with Ecology to ensure permit compliance. Stated that Atlas Holdings acquired PTPC in October 2022 and has been engaged in catching up on years of deferred maintenance, including upgrading cyclones (air scrubbers) and the boiler system. Acknowledged the persistent odor problem and assured the community they are working on it (02:37:868–02:44:850).

Supporting Materials Referenced

  • ATSDR Air Quality Report (from the discussion between Ms. McCann and the Commissioners, detailing the 2018 exposure investigation that preceded facility changes).
  • Shelter Coalition (Implicit reference to policy and operational documents).
  • PTPC Operating Permits (Referenced by Ms. McCann as available on the Department of Ecology website).

Financials

  • No specific financial figures were detailed by the public, but Ms. Shelley implied high costs associated with property crime, and Ms. McCann mentioned Atlas Holdings committing to multi-year deferred maintenance at PTPC (02:30:775).

Alternatives & Amendments

  • Julia is creating a hybrid meeting option for the Shelter Coalition at Recovery Cafe (01:51:759).
  • Commissioner Dean proposed organizing an internal workshop with Fleet Management about adopting an Electric Vehicle (EV) policy (03:00:060).

Outcome, Vote, and Next Steps

  • Decision: No action required; informational period.
  • Vote: N/A; item was informational.
  • Next Steps:
  • - Commissioner Markings (General Fund): Will follow up with IT to pursue placing the fire danger dial and link (as requested by Tom Thiersch) prominently on the County homepage (02:57:805).
  • - Commissioner Dean (Shelter Coalition): Confirmed to Julia that the meetings are "every other week" (02:51:999).
  • - Commissioner Dean (Bayside/American Legion): Agreed to follow up on the ROI/Code of Conduct issue with Bayside/shelter staff and to invite Bob Shering from the American Legion to the next Shelter Coalition meeting to improve communication (02:51:761–02:52:170).
  • - Commissioner Dean/Markings (Pleasant Harbor Tour): Markings affirmed he has toured the property; Dean affirmed she has since toured the property (01:59:167–03:00:273).
  • - Commissioner Dean (Brinnon Crime): Agreed to reach out to the Sheriff’s Office to get an update regarding the "notorious husband duo" in Brinnon (02:57:223).
  • - Commissioner Markings (PTPC Air Quality): Stated that the exposure investigation was based on a ten-week period in 2018, noting the mill has made process changes since then (02:58:950).
  • - Commissioner Dean/Staff: Will request Dr. Allison Barry (Health Officer) to provide a response and briefing on her interpretation of the ATSDR air quality report, potentially at the next Board of Health meeting (03:03:604–03:06:131).

Recognition of Outstanding Public Service (Robert “Bob” Wheeler)

Metadata

  • Time Range: 00:37:06.410–01:01:14.701
  • Agenda Item: Recognition of Outstanding Public Service for Robert “Bob” Wheeler
  • Categories: personnel, infrastructure

Topic Summary

The Board formally recognized and celebrated Robert "Bob" Wheeler's decades of public service, particularly his four years of post-retirement work as a consultant/staffer who was instrumental in the Port Hadlock Sewer Project. Public Works Director Monte Reinders detailed Wheeler's leadership in the utilities sector (including roles in Boulder, CO and Port Townsend, WA) and credited him with founding the current local "homegrown" sewer project team that enabled the project to proceed to construction.

Key Discussion Points

  • Public Works Director Monte Reinders presented a formal proclamation recognizing Wheeler's service (00:38:880).
  • Wheeler’s career highlights included Utilities Director for the City of Boulder, CO (1980s), Public Works Director for Port Townsend (over a decade, oversaw original wastewater treatment facility construction), and leader at Triangle Associates, a public outreach firm (00:38:233–00:52:640).
  • Wheeler's involvement in Port Hadlock Sewer spanned nearly 20 years, beginning in 2006/2007 with facilitating the first sewer facility plan public meetings (00:52:525).
  • In 2020, with funding secured but no project management staff, Wheeler volunteered his time to run the project, hired under Cerk Fire status (now about four years of nearly full-time work, exceeding the Clerc Fire 70-hour/month limit) (01:03:525–01:07:049).
  • Wheeler's contributions included meeting personally with "virtually every property owner" in Phase 1, consulting on permitting and cultural resources (work complimented by Ecology), managing design consultants, drafting the sewer ordinance, procuring equipment, and building the current local engineering team (01:10:766–01:12:191).
  • Commissioner Markings praised Wheeler as a "maestro" in handling crowds and community engagement (01:19:943–01:21:409).
  • Commissioner Eisenhour noted that Wheeler was a mentor, praising his professionalism, emotional intelligence, and ability to "translate engineer speak" while maintaining empathy (01:31:076–01:33:040).
  • Bob Wheeler stated he was honored, calling the sewer project a "game changer for the entire Jefferson County," specifically mentioning a 17-acre Habitat for Humanity parcel that can now support 150 homes instead of three (01:33:787–01:36:210).
  • Wheeler estimated the project has secured over $35 million "plus right now" in funding (01:38:989–01:40:050).
  • Wheeler emphasized that the success was a "team effort" involving Frank Gifford, Sam Harper, John Black, and the Commissioners' leadership (01:43:582–01:45:643), concluding, "It's been an honor to be able to work on this" (01:45:551).

Public Comments

  • Bob Wheeler provided a comment of thanks after the Commissioners' statements (01:33:787). No other public comment addressed this item.

Supporting Materials Referenced

  • Proclamation (details summarized in key points).

Financials

  • The sewer project has secured over $35 million in funding (01:40:050).
  • Public Works Director Reinders' financial assessment of Wheeler's contribution was "Priceless" (Implicitly from the packet).

Alternatives & Amendments

  • None discussed.

Outcome, Vote, and Next Steps

  • Decision: Motion to approve the letter of recognition.
  • Vote: Unanimous (Ayes: 3) (01:46:119–01:47:112).
  • Next Steps:
  • - Staff: Get the letter of recognition formally signed and framed for Mr. Wheeler (01:46:206).

Second Quarter 2024 Budget Appropriations and Extensions

Metadata

  • Time Range: 01:47:288–02:40:173
  • Agenda Item: 2024 Second Quarter Budget Appropriations and Extensions (Public Hearing)
  • Categories: budgeting, personnel, infrastructure, public safety, contracts

Topic Summary

The Board held a public hearing to review and approve the Resolution for Second Quarter 2024 Budget Appropriations and Extensions, addressing unexpected revenues (grants, fees) and rolling over unspent operational and capital funds from the previous year. Key items included converting a vacant paralegal position into a Civil Deputy Prosecutor to increase legal capacity (budget neutral due to salary savings) and appropriating funds for major equipment purchases and case management software upgrades.

Key Discussion Points

  • Finance Manager Judy Shepard presented the summary (01:52:196). Appropriations addressed items that were "not known at the time we accepted the budget" (01:52:319).
  • Prosecuting Attorney's Office (PAO):
    • \$55,575 appropriated for the remainder of the Karpel Case Management Software purchase, started but not completed in 2023 (01:53:441; James Kennedy, PA, 01:55:095).
    • PA Kennedy requested authorization to convert a vacant paralegal position (\$83,492 salary/benefits) into an additional Civil Deputy PA (DPA III Step 7, \$160,042 annual projected cost) (01:58:389).
    • The conversion is desired because the civil side is at capacity (two attorneys), unable to address issues like code enforcement, and anticipating large needs related to the Comprehensive Plan update and sewer project (01:59:779–02:02:702).
    • PA Kennedy estimated the move would be "slightly budget neutral" due to existing cost savings from recent hires and the vacant paralegal salary (02:07:443).
  • Superior Court: \$15,000 appropriated for a Center For Children & Youth Justice grant (02:14:036). Commissioner Eisenhour confirmed this addresses the need to expense revenue brought in for the children and youth justice work she is doing (02:16:365).
  • Noxious Weed Control (Capital): \$38,434 appropriated for a new truck ordered in 2023 but delivered and invoiced in March 2024 (02:18:444).
  • Public Works / Solid Waste (Fund 401):
    • Revenue/Fees: \$144,340 increase from a Dept. of Ecology Grant and higher-than-anticipated Yard Debris Fees (02:19:757).
    • Equipment: \$400,000 appropriated for the purchase of a handler and excavator (02:24:991).
    • Salaries: \$90,000 increase for salaries and wages due to the recently negotiated Teamsters contract (02:21:403).
  • Public Works / ER&R (Fund 501): -\$400,000 reduction in miscellaneous revenue due to the postponement of the sale of Penny Creek Pit until 2025 (02:24:153).
  • Financial Optics: The net change includes a negative \$55,000 one-time revenue change and an ongoing net positive expense of \$80,021 for the DPA position, emphasizing the civil DPA total annual cost is \$160,042 but only 6 months (\$80,021) is funded in this Q2 appropriation (02:26:019–02:28:189).

Public Comments

  • - Tom Thiersch (County Resident): Expressed concern that the noxious weed control truck purchase from 2023 (\$38,434 transfer) was for an internal combustion engine vehicle, not an Electric Vehicle (EV). Called for the County to cease purchasing internal combustion engine vehicles unless strictly unavoidable, citing state policy goals and projected long-term maintenance/fuel savings if an EV (like an F-150 EV) had been purchased (02:30:476–02:36:394).
  • - Maggie (In Room): Was informed by the Chair that public comment during the hearing was restricted to the specific budget appropriation items presented (02:37:371).

Supporting Materials Referenced

  • Resolution No. 40-0715-24R (Resolution authorizing Q2 appropriations).
  • Karpel Case Management Software project notes.
  • Teamsters Collective Bargaining Agreement (CBA) details (not explicitly provided).

Financials

  • DPA Position: Ongoing Annual cost of \$160,042; $80,021 appropriated for Q2 (6 months funding) (02:28:108).
  • Karpel Software: $55,575 to complete the purchase (02:28:331).
  • Solid Waste Equipment: $400,000 for equipment outlay (02:24:991).
  • Noxious Weed Truck: $38,434 (02:28:444).
  • Total Net Change/Appropriation (All Funds): $491,365 one-time expense increase; $80,021 ongoing expense increase (02:28:221).

Alternatives & Amendments

  • Friendly Amendment to Motion: The original motion was amended to specify approving the resolution that adopts the second quarter appropriations (02:40:797).

Outcome, Vote, and Next Steps

  • Decision: Motion to approve Resolution No. 40-0715-24R in the matter of second quarter 2024 budget appropriations and extensions.
  • Vote: Unanimous (Ayes: 3) (02:41:094–02:41:812).
  • Next Steps:
  • - PA Kennedy: Work on hiring the new DPA, increasing capacity for civil legal services (02:42:173).
  • - BoCC / Staff: Commissioner Dean agreed with Mr. Thiersch's dissent on the fossil fuel vehicle purchase and proposed scheduling an internal "workshop with Josh and Fleet" to create a plan for transitioning to Electric Vehicles (EV) (02:44:886–02:45:512).

Internal Climate Summit Findings Workshop

Metadata

  • Time Range: 02:43:700–04:03:436
  • Agenda Item: Workshop on the Jefferson County Internal Climate Summit Findings
  • Categories: planning, services, internal operations, budgeting

Topic Summary

The workshop reviewed the findings of the May 2-3 Internal Climate Summit, a cross-departmental effort aimed at inventorying climate work, identifying gaps, and preparing for the new state-mandated Climate Resiliency Element in the 2025 Comprehensive Plan (Comp Plan). Staff emphasized the collective enthusiasm and existing expertise but highlighted the severe lack of internal capacity/staffing to coordinate efforts and chase external grant funding. A key recommendation was establishing a formal coordinating committee.

Key Discussion Points

  • The summit, a collaboration between Public Health (Apple Martine) and DCD (Josh Peters), focused on creating "crosscutting capabilities" to address climate impacts across the county (02:45:954–02:52:177).
  • DCD Director Josh Peters noted the urgency driven by House Bill 1181, which amends the Growth Management Act to mandate a Climate Resiliency Element beginning with the 2025 Comp Plan update (02:57:925).
  • Public Health Director Apple Martine explained that small, dedicated foundational public health service (FPHS) grant funds allowed them to hire Cascadia Consulting for facilitation and distillation of the summit's findings into a report (03:07:955) and dedicate staff time to climate resilience work (03:04:150).
  • SWOT Analysis Findings (Presented by Lara Gaasland-Tatro):
    • Strengths: Strong staff commitment, high awareness, active community engagement (CAC), and existing resilience building efforts (e.g., EV transition, SLR planning) (03:16:276).
    • Weaknesses/Challenges: Lack of capacity/coordination was the "biggest one" (03:22:985), followed closely by economic challenges, the need for a coherent health-centric/planning integration (03:25:416), and the challenge of prioritizing grant applications (03:28:461).
  • Threats: Included "inertia," resource constraints, politicization of climate response (community-level politics over change), negative impacts on the local economy (e.g., shellfish die-off), and "paralysis and inaction" (03:33:052–03:37:723).
  • Activities Inventory: The inventory showed numerous mandated (e.g., flood plans, CWSP, infectious disease tracking) and voluntary activities (e.g., extreme weather sheltering, home composting, EV charging infrastructure) but revealed that the Mitigation section (reduction of emissions) had the fewest mandated requirements (03:41:843–04:00:278).
  • Adaptation Work: Much of the voluntary adaptation budget came from public health FPHS funds, including setting up clean air/cooling locations (04:03:335).
    • Martine noted significant challenges in tracking usage of cooling centers and accessing grant funds for staffing, due to application complexity and lack of finance capacity in community centers (04:12:482–04:18:203).
  • Future Collaboration Opportunities: The strongest consensus emerged for establishing a Climate Resilience or Sustainability position/office (04:22:452) and instituting formal quarterly cross-departmental meetings (04:24:438) to coordinate grants and avoid redundancy.
  • Next Steps Discussion: The BoCC acknowledged the enthusiasm but noted the impracticality of hiring a coordinator when other critical positions (like a housing coordinator) are still vacant (04:30:220).
    • The proposal centered on formally committing to quarterly meetings for the departments involved (04:32:042).
    • Commissioner Eisenhour stressed the importance of formalizing this process and establishing a plan to finalize the County's outstanding Climate Action Committee goals (04:36:141).

Public Comments

  • No public comment was taken during the workshop (04:30:510).

Supporting Materials Referenced

  • Jefferson County Internal Climate Summit Summary Report (May 2-3, 2024), facilitated by Cascadia Consulting Group.
  • Washington State House Bill 1181 (Mandating Climate Resiliency Element in Comprehensive Plan).

Financials

  • Limited grant funding from FPHS has enabled some climate adaptation work (04:03:335).
  • The cost for a single coordinator position was implied to be high, hence the resistance to prioritize it at this time (04:30:220).
  • Budgeting for quarterly meetings and dedicated staff time remains a challenge (04:35:865).

Alternatives & Amendments

  • Next Steps Consensus: Chair Dean proposed two trackable next steps: (1) Mark McCauley and Dean draft a concept for a formalized coordination committee (including funding/frequency) and (2) Dean/Eisenhour work with Lara Gaasland-Tatro and others to integrate the summit data and propose a plan for finalizing the County's Climate Action Committee near-term goals (04:38:534–04:40:056).

Outcome, Vote, and Next Steps

  • Decision: No formal motion was taken; consensus achieved on a two-track approach for next steps.
  • Vote: N/A; item was a workshop discussion.
  • Next Steps:
  • - McCauley/Dean/Staff: Draft a proposal for a formalized coordination committee structure (04:38:534).
  • - Dean/Eisenhour/Staff: Synthesize the summit report with the County's Climate Action goals to produce a finalized set of near-term goals (04:39:688).
  • - Staff: Josh Peters noted the 2025 Comp Plan update, mandated by HB 1181, will serve as a continuous conduit for this energy over the next calendar year (04:41:010–04:42:064).

Consent Agenda

Metadata

  • Time Range: 04:42:254–04:45:904
  • Agenda Item: Approval of Consent Agenda
  • Categories: contracts, permits, infrastructure, budgeting, services, personnel

Topic Summary

The Board approved a comprehensive consent agenda package covering grants, contract amendments for infrastructure design and public health services, advisory board appointments/resignations, and necessary administrative resolutions. Key approvals included a $1.2 million increase in Consolidated Public Health contracts (largely FPHS funds), a $105.6K opioid litigation settlement, and an amendment supporting the implementation of the County's Strategic Plan.

Key Discussion Points

  • Opioid Settlement/Budgeting: The Kroger Opioid Litigation Settlement (\$105.6K over 11 years) was approved (04:43:352). Commissioner Dean confirmed that a signer designation should continue to come through the consent agenda rather than authorizing the County Administrator to sign them independently (04:43:877).
  • Public Works Contracts: A Supplemental Agreement for the Olympic Discovery Trail with Otak, Inc., adding $80,510 for mitigation planning/realignment, was approved (04:44:806).
  • Continuation of Strategic Plan Implementation: An amendment with BerryDunn (not to exceed $44,389) for implementation assistance was approved, noted as being crucial for success (04:45:330).
  • Advisory Board Changes: The resignation of Port Ludlow Drainage District Commissioner Gary Rygmyr was noted (04:46:152).

Public Comments

  • No public comment addressed the Consent Agenda when the floor was open (04:42:254).

Supporting Materials Referenced

  • Resolution No. 40-0715-24R (Second Quarter Budget Appropriations - discussed in detail under a separate agenda item).
  • Kroger Opioid Litigation Settlement (Washington State).
  • JCPH Consolidated Contracts Amendment #20 (DOH).
  • JCPH Agreement Amendment with KPHD (YCCTPP).
  • BerryDunn Supplemental Agreement (Strategic Planning/Implementation).
  • Otak, Inc. Supplemental Agreement (Olympic Discovery Trail design).
  • Resolution authorizing acquisition of sewer utility easement (NWSWBB).
  • Creation of new Superior Court Part-Time Position (0.5 FTE).
  • Letter of Support for Chimacum Commons Affordable Housing Project.
  • Advisory Board Appointments/Resignation (LEPC, Veterans Advisory, Port Ludlow Drainage District).
  • FLAP Grant Agreement (Upper Hoh River Road Phase 2).

Financials

  • JCPH Contracts: Total increase of \$1,218,566.
  • Kroger Settlement: Estimated $105,600 over 11 years (50% LG Share).
  • Otak Engineering: Increase of $80,510 for Olympic Discovery Trail.
  • BerryDunn: Increase of $44,389 for Strategic Plan implementation support.

Alternatives & Amendments

  • None discussed.

Outcome, Vote, and Next Steps

  • Decision: Motion to approve and adopt the consent agenda as presented.
  • Vote: Unanimous (Ayes: 3) (04:46:851–04:47:300).
  • Next Steps:
  • - Public Health: Implement new Foundational Public Health Service (FPHS) programs with the $1.2M allocated by Amendment #20.
  • - Public Works: Proceed with the acquisition of the perpetual sewer utility easement across the Northwest School of Wooden Boatbuilding property.
  • - County Administrator: Sign the Kroger Settlement documents by the August 12, 2024, deadline.

Discussion on Proposed Caseload Standards for Indigent Defense Attorneys

Metadata

  • Time Range: 02:47:440–03:33:910 (Discussion in full)
  • Agenda Item: Discussion and Proposed Position on Indigent Defense Caseload Standards
  • Categories: public safety, budgeting, legal, governance

Topic Summary

The Board held a discussion with Prosecutor James Kennedy regarding the Washington Supreme Court's potential adoption of drastically reduced caseload standards for indigent defense attorneys (reducing felony load from 150 to 47 and misdemeanor load from 400 to 120 by 2027), which is projected to more than double the county's indigent defense costs (from $920K to potentially $2.5M) and exacerbate the existing shortage of qualified attorneys. Kennedy warned the unfunded mandate would force the county to triage criminal filings, abandoning non-violent and preventative cases (like DUIs and driving with suspended licenses) due to lack of defense counsel capacity, leading to a breakdown of the criminal justice system and "vigilantism."

Key Discussion Points

  • Prosecutor James Kennedy stated that the mandate, phased in over three years to 2027, will require the county to hire 2-3 times as many attorneys (02:48:148).
  • Kennedy argued Washington State already has one of the lowest incarceration rates in the US (10th lowest, comparable to Scotland/Malta) due to reforms 20 years ago, and this change is a "backdoor way" to enact rapid and radical sentencing change without legislative approval (02:54:853–03:00:245).
  • Impact of Washington State v. Luthi: Kennedy highlighted a recent State Supreme Court ruling that he interprets as mandating in-person appearances for criminal defendants. This ruling, combined with the extreme reduction in caseload, will compound the difficulty of keeping contract attorneys (who rely on remote appearances from Seattle or other areas) and severely inhibit the defense program (02:50:661–02:51:757).
  • Local Triage/Public Safety: Kennedy detailed that the collapse of the defense system would force prosecutors to triage cases, abandoning preventative charging (like DUI and driving with suspended licenses used to help people fix issues) to focus solely on vehicular homicide or violent felonies (02:51:069–02:53:741). He warned this imbalance leads to "vigilantism" when property crimes go unprosecuted (02:54:980).
  • Budget Impact: Public Works Director Reinders, attending the discussion, noted that the indigent defense program could cost "as much as 1.5 million more than it costs today" by 2027 (03:00:832–03:01:347).
  • County Position: Kennedy requested the BoCC submit a comment letter opposing the rule change to avoid the appearance of this being driven solely by "some angry prosecutor" (02:58:376–02:59:021).
  • Commissioner Markings suggested that focusing the opposition letter on the severe budgetary/fiscal impact to rural counties is the most compelling argument for the Supreme Court audience (03:01:320-03:02:832).

Public Comments

  • No public comment taken specifically on this topic, but Prosecutor Kennedy cited supporting materials, including letters from the Island County PA and Mason County officials (02:50:504).

Supporting Materials Referenced

  • WSBA Board of Governors Proposed Caseload Standards (Implementation phased to 2027).
  • Washington State v. Luthi (Recent WA Supreme Court ruling).
  • Letters from Island County PA and Mason County officials (cited to convey inter-county severity).
  • Mason County data projecting 70-75% of criminal filings would lack counsel under new standards (Cited by Kennedy).

Financials

  • Current indigent defense cost: \$920,076 (03:01:347).
  • Projected potential cost increase by 2027: \$1.5 million more than today’s cost (03:01:347).

Alternatives & Amendments

  • None proposed by the Board; discussion concluded with a commitment to draft an opposition letter requested by PA Kennedy (03:00:832).

Outcome, Vote, and Next Steps

  • Decision: The Commissioners agreed to take a position opposing the proposed indigent defense standards.
  • Vote: Consensus reached; no formal vote taken during this session.
  • Next Steps:
  • - Commissioner Markings (Lead Drafter): Draft an opposition letter, emphasizing the fiscal impact, and incorporating specific local data and perspectives on therapeutic courts (03:00:962–03:01:223).
  • - PA Kennedy: Provide specific financial and case data to assist in the drafting (03:02:485).
  • - BoCC: Review the draft letter within the next two weeks (03:00:962).

Port Hadlock Sewer Utility Code Workshop (Continuation)

Metadata

  • Time Range: 03:36:831–04:38:400
  • Agenda Item: Workshop on Port Hadlock Sewer Utility Code (JCC 13.04 and 13.05)
  • Categories: infrastructure, planning, ordinances, budgeting

Topic Summary

Public Works continued the workshop on the draft Sewer Utility Code, focusing on the complex connection requirements laid out in JCC 13.04, specifically detailing who must connect (Table 4-1) and who is currently exempt. Staff explained that, unlike many sewer ordinances, this draft does not require a single-family residence to connect if its septic system is adequate and they are not increasing density or remodeling, a policy devised in response to resident opposition and to balance development goals with landowner freedom. Discussion centered on the long-term trade-offs of this "patchwork" approach and the practical challenges of enforcing later hookups.

Key Discussion Points

  • System Status (Samantha Harper/Bob Wheeler): Construction of the treatment plant and collection system is underway. Area 1 (Elkins, Com, etc.) wrapping up; Area 2 (Masonic Hall, Mathison) starting soon. Bids for Phase 4, Stage 1 (mostly high water users, shown in Green on map) are opening this Wednesday (03:12:351–03:14:109) and Phase 2 (Light Blue) will bid in September 2024 (03:17:109).
  • Core Policy on Connection (Bob Wheeler): The draft ordinance states that existing Single Family Residences (SFRs) and duplexes with an adequate onsite sewage system are not required to connect, even if the sewer line passes their property (03:30:566–03:32:262). This exemption was a "conscious choice" (03:37:349) and a compromise based on pushback received by residents earlier in the process (03:38:317).
  • Required Connections: Connection is required for new construction, new ADUs (if sewer is nearby), and any significant remodels/density increases (change of use) that would normally trigger a septic system upgrade (03:40:950–03:45:056). Non-residential properties consuming over one Equivalent Residential Unit (ERU) of water are also required to connect (03:35:891).
  • Property Ownership/Grievances: Commissioner Dean clarified the rule on grinder pump components: property owners own/maintain the building drain, electrical service (to the disconnect box), and grease controls, while the county owns/maintains the grinder pump itself, the control panel, and the pipe to the main (03:37:614–03:38:380).
    • Bob Wheeler confirmed easement acquisition (for county maintenance access) and recording fees are part of the county project cost during Phase 1 (04:29:443).
  • The "Patchwork" Issue: Commissioner Eisenhour asked about the potential long-term disadvantage of having a checkerboard of high-density sewer users next to outdated septic systems and whether this ordinance is maximizing connections (03:52:999–03:59:265).
    • Prosecutor Hunsucker stated the primary goal is ensuring the sewer goes in now, noting that many lots are built out and redevelopment is unlikely. He advised that further prescriptive action (e.g., compulsory hookup at point of sale) could be addressed later during Title 18 zoning updates (04:03:553–04:09:594).
  • Incentives and Feasibility: Since the current project is grant-funded, incentives exist for Phase 1 (county provides pumps/installation/paperwork assistance). However, future phases (Phase 2 North) will not have incentives, meaning many SFRs will likely not connect (03:44:020–03:44:931).
  • Extenuating Circumstances (Waiver): Commissioner Markings asked for clarification on "extenuating circumstances" that could exempt connection. Staff defined this primarily as geographical barriers (canyon, creek) making connection "nonsensical," but noted it must be a factor the owner did not create (04:32:044).
  • Permitting Process (Pilot Phase): For Phase 1, Public Works will handle most paperwork and issue a "general type of permit" (a signed document outlining operational responsibility and restrictions—don't flush certain items) rather than individual DCD permits, thereby streamlining the process and working out kinks (04:27:361–04:30:086).

Public Comments

  • - Tom Thiersch (County Resident): Suggested requiring connection at the point of sale of an existing property (assuming eligibility and proximity to the sewer) as a way to gradually eliminate septic systems without financially penalizing current owners of functioning systems (04:35:546). He asked the County Prosecutor to investigate whether offering a connection voucher/incentive system would "run afoul of the gift of public funds mandate" (04:36:972).
  • - Philip Hunsucker (Chief Civil Deputy PA): Confirmed that he has already reviewed and is "not worried about" the gift of public funds issue regarding the vouchers (04:37:207).

Supporting Materials Referenced

  • JCC 13.04 (Connection Requirements/Table 4-1).
  • JCC 13.05 (Rates, Fees, and Charges).
  • Diagram showing component ownership (electrical, pump, tank, main).
  • Washington State Constitution (Gift of Public Funds mandated, cited by Tom Thiersch).

Financials

  • Phase 1 incentives include the County providing up to $2,500 in electrical work through a voucher to property owners for installation of the electrical disconnect box (03:25:494).
  • Future phase connections will require latecomer/developer fees if an LID/WSA is used (03:47:372).

Alternatives & Amendments

  • Point of Sale Requirement: The idea of requiring connection upon sale or transfer of title was discussed, though staff noted the practical difficulties of enforcement/tracking (04:12:156–04:13:548).

Outcome, Vote, and Next Steps

  • Decision: No action or formal adoption; workshop was informational.
  • Vote: N/A; workshop discussion.
  • Next Steps:
  • - Public Works / Staff: Schedule a follow-up workshop to continue review, specifically focusing on JCC 13.05 (Rates, Charges, and Fees) and Appendix 1.
  • - Follow-up Workshop Date: Monday, July 22, 2024, at 1:30 p.m. (04:30:180).
  • - Public Works: Review Table 4-1 structure and determine if small exemptions (like new EDUs on adequate septic) should be removed to push for more connections and a more consistent future UGA buildout.

Closed Session and Adjournment

Metadata

  • Time Range: 04:47:311–04:52:631
  • Agenda Item: Closed Session and Adjournment
  • Categories: personnel, legal

Topic Summary

The Board of County Commissioners entered into a 24-minute closed session with the County Administrator and Human Resources Director to plan strategy regarding collective bargaining negotiations, per state exemption. No action was taken beyond reciting the statutory exemption for the closed session, and the meeting adjourned for recess thereafter.

Key Discussion Points

  • The statutory exemption cited was RCW 42.30.140(4)(b) (04:42:655).
  • Attendees included the BoCC, the County Administrator, and the Human Resources Director (04:42:736).

Public Comments

  • No public comment on this topic.

Supporting Materials Referenced

  • RCW 42.30.140(4)(b) (Cited for exemption).

Financials

  • No financial information discussed.

Alternatives & Amendments

  • None discussed.

Outcome, Vote, and Next Steps

  • Decision: Entered Closed Session from 11:36 a.m. to 12:00 p.m.
  • Vote: N/A.
  • Next Steps:
  • - BoCC / Staff: Recess for lunch, reconvene at 1:30 p.m. (04:42:414).

Commissioner and Administrator Reports

Metadata

  • Time Range: 04:52:631–05:07:464
  • Agenda Item: Administrator and Commissioners Reports
  • Categories: services, infrastructure, budgeting, internal operations, housing

Topic Summary

Commissioners and the County Administrator reported on external activity since the previous meeting. Key topics included continued progress on sewer funding, new leadership in county-affiliated housing organizations, and the Administrator's handling of an employment dispute. The schedule for the coming week highlighted upcoming budget meetings, the Board of Health meeting, and the continuation of the sewer code workshop.

Key Discussion Points

  • Administrator Mark McCauley: Reported on a Tuesday meeting regarding former employee Tracy Coleman’s employment status and final paycheck dispute, stating an email was drafted that defines the county’s established compensation methods to conclude the discussion (05:00:273–05:00:522). Reported on a forthcoming site visit by a risk pool appraiser to assess 30 county facilities, which will feed into the next property insurance assessment (05:01:213).
  • Commissioner Dean: Reported on a weekend trip to Boise, ID, to tour the Idaho Central Aquatic Facility (a private, competition-focused center) and a new YMCA (15,000 members, generates surplus revenue) for the Pool Task Force. Found the biggest takeaway to be that "programming guides design," noting both new pools had superior air quality and pool clarity compared to Mountain View (04:46:197–04:47:006). Met with the new OlyCAP Housing Director, who is establishing a regular presence in the office (04:47:197).
  • Commissioner Eisenhour: Reported on participating in the DNR Carbon Forest Management work group and the Shorthorn Farm work group (04:50:134). Attended a successful Peninsula Trails Coalition meeting led by DCD staff George and Joel, addressing active transportation in the Comp Plan review, providing elements for refining language to support regional trails (04:52:906). Attended the encumbered Lands work group meeting, noting that Jefferson County has only 73 encumbered acres versus thousands in Clallam, suggesting the county is unlikely to secure much of the $5 million in state money allotted for the region (04:54:944). Made 1,000 pancakes at the Jim Grange Interdependence Day event (04:56:063).

Public Comments

  • No public comment taken on this topic.

Supporting Materials Referenced

  • Washington County Administrators Association network.
  • DNR Carbon Forest Management Work Group documents.
  • Idaho Central Aquatic Facility and Meridian YMCA (Implicitly in discussion).

Financials

  • Public Works Director Reinders reported the sewer project debt is a small loan to be covered by the Public Infrastructure Fund (04:15:306).

Alternatives & Amendments

  • None discussed.

Outcome, Vote, and Next Steps

  • Decision: Adjourned the meeting for recess.
  • Vote: N/A.
  • Next Steps:
  • - Staff: Prepare materials for the continuation of the Sewer Code Workshop at 1:30 p.m. on Monday, July 22, 2024 (05:03:074).
  • - BoCC: Attend Budget Committee meetings on Wednesday (05:02:443).
  • - BoCC Clerks: Prepare for the request to close the office for the October Clerk Conference (05:03:264).

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