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

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Proposed Indigent Defense Caseload Standards and County Impact

Topic Summary

The Washington State Administrative Office of the Courts (AOC) is considering adopting radically reduced caseload standards for indigent defense attorneys, as recommended by the WSBA Board of Governors. The proposed changes would drastically lower the maximum number of felony and misdemeanor cases an indigent defense attorney can handle annually, implemented in phases through 2027. Jefferson County and other local governments are strongly concerned that these unfunded mandates will have a "devastating" impact on county general funds, necessitate hiring attorneys who may not exist locally, and potentially collapse the criminal justice system due to insufficient defense capacity.

Key Points

  • The WSBA Board of Governors adopted new caseload standards, reducing the felony limit from 150 to 47 cases and the misdemeanor limit from 400 to 120 cases.
  • These new standards are recommended to be phased in, starting in 2025, with full implementation scheduled for 2027.
  • The Washington Supreme Court is currently reviewing these recommendations (CrR 3.1, CrRLJ 3.1, and JuCR 9.2), with the public comment period ending October 31, 2024.
  • Jefferson County currently funds a \$920,076 indigent defense program, of which the state contributes only \$29,406 (3.2%) in 2024.
  • The proposed standards will "dramatically increase the county’s cost to fund the program since we’ll need many more attorneys... to meet the new standards."
  • The Jefferson County Prosecuting Attorney (PA) is participating in a Washington Association of Prosecuting Attorneys (WAPA) call on July 23, 2024, to strategize comments. The PA recommends the Board submit official comments opposing the new standards.
  • A current contractor public defender in Benton County, Shelley Ajax, states that reducing caseloads will reduce their income, accelerating the exodus of contract attorneys and causing the system to collapse further.
  • Walla Walla County Commissioner Gunner Fulmer estimated the proposed standards would increase the number of indigent attorneys needed in his county by 57% by 2027.
  • Island County Prosecuting Attorney Gregory M. Banks termed the proposed standards a "Trojan horse" deployed by groups seeking "wholesale decriminalization," believing they will break the criminal justice system's back.
  • Estimates from Mason County indicate that if the 2027 standards were implemented in 2023, approximately 70% of felonies and 75% of misdemeanors would lack available counsel, forcing prosecutors to drastically limit cases filed to only the most serious felonies. The need for attorneys in Mason County may need to triple.

Financials

  • Jefferson County's 2024 indigent defense program cost: \$920,076
  • State funding for the program in 2024: \$29,406 (3.2% of the program cost)
  • Fiscal Impact of discussion: None specified.
  • Fiscal Impact if standards are adopted: Will have a "devastating impact on the county's general fund" (Jefferson County Administrator).

Alternatives

  • Mason County Prosecuting Attorney, George Steele, urged the Supreme Court not to adopt the full progressive implementation of the rules, suggesting implementation stop after the first year's changes to allow time to reconsider the impact.

Community Input

  • City of Aberdeen (Mayor Douglas Orr): Opposes the proposed standards and timeline. Stated the City's general fund is "not robust enough to absorb the significant financial burden," and meeting the standards presents "a significant challenge... due to the current dearth of qualified public defenders available for hire." Believes it is "highly unlikely Aberdeen could retain three times the number of public defenders for which Aberdeen currently contracts."
  • Mason County (Director of Public Defense Peter Jones in a letter): Called the WSBA's action a "serious mistake" using a "chainsaw where a scalpel would have served." Stated the new standards quadruples demand when capacity is already strained due to low pay and stigma. Predicts outcomes will either be (1) prosecutors limiting cases charged, (2) defendants waiting in custody without counsel (already happening), or (3) courts dismissing cases in masses on due process grounds. He noted that the new rules disfavor rural counties, which struggle most to attract attorneys.
  • Mason County (Prosecuting Attorney George A. Steele): Called the proposed changes "beyond insane," arguing they will collapse the criminal justice system. Forecasts severe limitations on criminal case filings (70-75% reduction predicted by the head of his public defense office) leading to prosecutors eliminating filings for most misdemeanors and less serious felonies (DUI's, misdemeanor assaults, Assault Thirds). Argued the rules inflate demand beyond supply, mandate services like mitigation specialists, and disincentivize newer attorneys by eliminating lower-level cases for building experience. Also predicts a resultant shortage of prosecutors.
  • Walla Walla County (Commissioner Gunner Fulmer): Stated changes will require the county to seek more attorneys at a cost the county cannot sustain. Reported that current defense attorneys stated they would leave county indigent defense work and return to private practice if the reduced caseloads dramatically cut their wages.

Timeline

  • March 7, 2024: CPD recommendations were adopted by the WSBA Board of Governors (12-1 vote).
  • March 26, 2024: Association of Washington Cities (AWC) sent a memorandum to the Washington Supreme Court expressing financial concerns regarding the proposed standards.
  • April 15, 2024: Mayor Douglas Orr emailed the Washington Supreme Court echoing the AWC's concerns.
  • June 17, 2024: Mason County Prosecuting Attorney George Steele offered commentary to the Supreme Court.
  • July 15, 2024: Jefferson County Board of Commissioners held a discussion on the proposed standards.
  • July 23, 2024: Jefferson County PAO is participating in a WAPA Zoom call regarding comments.
  • October 31, 2024: Comment period for the Washington Supreme Court on the proposed rules expires.
  • 2025: Proposed timeline begins for phasing-in reduced caseload standards (felony max drops to 110, misdemeanor max to 280).
  • 2027: Proposed timeline for full implementation of new standards (47 felony max, 120 misdemeanor max).

Next Steps

  • The Jefferson County Board of Commissioners directed Chair Dean to work on a draft letter opposing the proposed new indigent defense standards for review and approval at a later date.

Sources

  • Mark McCauley - County Administrator
  • James Kennedy - County Prosecutor
  • Philip C. Hunsucker - Chief Civil Deputy Prosecuting Attorney
  • George A. Steele - Mason County Prosecuting Attorney
  • Gunner Fulmer - Walla Walla County Commissioner
  • Douglas Orr - Mayor, City of Aberdeen
  • Gregory M. Banks - Island County Prosecuting Attorney
  • Peter Jones - Mason County Director of Public Defense
  • Washington State Administrative Office of the Courts (AOC)
  • Washington Association of Prosecuting Attorneys (WAPA)
  • Association of Washington Cities (AWC)
  • WSBA Board of Governors / Council on Public Defense (CPD)
  • RCW 36.94.020, RCW 36.70A.110, RCW 36.94.130, RCW 35.91 RCW, RCW 36.01.330, RCW 42.23, RCW 36.40.140, RCW 43.22.335, RCW 35.82.030, RCW 35.82.070, RCW 35.82.080, RCW 70A.305.020(13), RCW 36.94.190, RCW 36.94.220 et seq, RCW 35.91.120, RCW 35.91.020, RCW 35.91.060, RCW 42.56, RCW 70.02.
  • WAC 246-272A-0010, WAC 173-240-020(4), WAC 173-240-020(8), WAC 173-216-020.
  • CFR 40 CFR Part 35.2030, 42 U.S.C. Chapter 7, 42 U.S.C. § 1437, 40 CFR § 403.5.

Port Hadlock Sewer Utility Code Workshop

Topic Summary

The Public Works Department held a workshop with the Board of County Commissioners regarding the draft Sewer Utility Code for the Irondale and Port Hadlock Urban Growth Area (PHUGA). This new code, covering Chapters 13.01 through 13.09 of the Jefferson County Code (JCC), is essential for the PHUGA Sewer System to become operational. The key focus of the workshop was on customer connections (Chapter 13.04) and the proposed rates, charges, and fees (Chapter 13.05 and Appendix 1), which are intended to support business growth and affordable housing.

Key Points

  • The proposed Sewer Utility Code (JCC Chapters 13.01-13.09) establishes the PHUGA Sewer System Utility.
  • The purpose of the code includes promoting health and safety, providing design/construction standards, establishing enforcement, and setting user charges for system operation and maintenance.
  • Development of the PHUGA sewer system is consistent with the Growth Management Act (GMA) and aims to stimulate economic development and affordable housing.
  • Port Hadlock is ranked as the second least affordable county in Washington based on median home prices compared to wages (Source: University of Washington College of the Built Environment).
  • Connection Requirements (JCC 13.04.010 Table 4-1): Connection is generally required for "existing development" if the On-Site Sewage System (OSS) is inadequate, for all "new" non-residential development, and for all "new" single-family residences/duplexes where the sewer is available and nearby.
  • An OSS is "adequate" if it has a current inspection, is not failing, and proposed changes won't require modification or expansion of the OSS.
  • "Available" means sewer infrastructure enters the area, as phased in the Sewer Facility Plan.
  • "Nearby" for multifamily (3+ units) or non-residential property means a sewer line is within 200 feet by the most feasible route.
  • Grinder Pump Ownership/Maintenance (JCC 13.04.110):
  • County ownership/maintenance: Grinder pump control panel, grinder pump and tank, and the side sewer pipe to the low-pressure sewer main line.
  • Property owner ownership/maintenance: Electrical panel and service to the disconnect box, electric service from disconnect box to the grinder pump control panel, the building sewer (inlet pipeline to the tank), and any grease traps/interceptors/pretreatment systems.
  • Fee Structure (JCC 13.05.040, 13.05.050): Monthly sewer bills for residential customers will include a fixed base rate. Non-residential customers will pay a fixed base rate, a volume charge (for metered water use over 4,000 gallons/month), and a high-strength wastewater surcharge if applicable.
  • Low-Income Discounts (JCC 13.05.030): Discounts are mandated for qualifying low-income persons, including SSI/SSDI recipients, certain adult family home residents, and certain tenants in multifamily/mobile home parks. The amount charged cannot be less than 50% of the undiscounted single-family residence charge. Discounted rates for owners of multifamily/mobile home parks must be passed on to tenants as rent reductions.
  • System Development Charges (SDCs) (JCC 13.05.070): SDCs are used to capture the property's equitable share of current and future capital costs, and cannot fund ordinary operations or maintenance.
  • SDC Waivers/Deferrals (JCC 13.05.075): SDCs can be waived or deferred for qualified community action agencies, housing authorities, or non-profits developing low-income housing units, provided the property is restricted to low-income households for a minimum of 20 years.

Financials

  • General Operations: The Sewer Code policies, rates, charges, and fees are intended to support wastewater system operations and maintenance.
  • Early Operation Costs: There will be a "need for additional revenue from the County to offset operations costs in the early years of sewer startup as the customer base builds up."
  • Low-Income Discount Funding: The discount must be at least 50% of the single-family residence charge.
  • SDC Use: Revenues must be deposited into a separate fund or account reserved for PHUGA sewer system capital or replacement uses (JCC 13.05.070).

Alternatives

  • Sewage Discharge: Mobile home parks with an existing functional OSS are not required to connect unless the OSS is determined to be failing, pursuant to RCW 35.67.370.
  • Connection Exception (JCC 13.04.050): The Director may grant a narrow exception for residential property connection if it is not technically feasible due to pre-existing barriers or if the property is served by an existing, available-capacity sewer service area.

Community Input

  • Staff conducted "ground truthing" via public outreach, including meetings with individual property owners to review connection policy and proposed rates/fees, check-ins with County Commissioners, and meetings with non-profit agencies like Habitat for Humanity, Peninsula Housing Authority, OlyCAP, NW Wooden Boat School, and Bayside Housing to discuss low-income programs and fees.
  • Staff met with PUD No. 1 of Jefferson County (JPUD) regarding administering low-income programs and billing.
  • Tom Thiersch (Jefferson County resident): Provided public comment at the workshop session. (Content not specified beyond appearance.)

Timeline

  • Planning: The PHUGA Sewer Facility Plan was adopted in 2008 and updated in 2021.
  • Construction Status: Design and construction of the wastewater treatment plant, low pressure sewer collection system, and on-site grinder pump connections are "in progress and moving forward."
  • Adoption Goal: The goal is to have the ordinance adopted in the September/October timeframe of an unspecified year, likely 2024.
  • Next Workshop: Public Works staff will return on Monday, July 22, 2024 at 1:30 p.m. to continue discussion.

Next Steps

  • Public Works seeks feedback from the Board regarding Sewer Code Chapters 13.04 and 13.05, and Appendix 1.
  • Public Works staff will return for a follow-up workshop on Monday, July 22, 2024, at 1:30 p.m.

Sources

  • Monte Reinders, P.E. - Public Works Director/County Engineer
  • Samantha Harper, P.E. - Wastewater Project Manager
  • Tom Thiersch - Public Commenter
  • Jefferson County Public Utility District No. 1 (JPUD)
  • RCW 36.94.020
  • RCW 35.67.370

Federal Lands Access Program Grant for Upper Hoh River Road Phase 2

Topic Summary

The Public Works Department requests execution of a Federal Lands Access Program (FLAP) Grant Agreement with the FHWA-Western Federal Lands Highway Division (WFLHD) for post-construction obligations associated with the Upper Hoh River Road (UHRR) Phase 2 Project (County Project No. 18019410). The agreement funds three years of maintenance and monitoring required for federal and state regulatory permits, after which the County assumes all remaining obligations for up to 15 years.

Key Points

  • The grant, identified as No. 690567240004, is for the Upper Hoh Road/Olympic National Park MP 0.0 - 12.0 Project.
  • The grant purpose is two-fold: (1) transfer ownership of all regulatory permits to Jefferson County, and (2) fund 3 years of mandated maintenance and monitoring post-construction.
  • Construction of UHRR Phase 2 was completed in 2023. The 15 years of post-construction obligations are scheduled to begin in 2024.
  • The UHRR serves as the only access for residents, businesses, Olympic National Park (ONP), and the Hoh Rainforest Visitor Center from US 101.
  • Project Scope (UHRR Phase 2 - Construction completed in 2023): Implemented cost-effective, long-term bank stabilization using Engineered Log Jams (ELJs) at three locations (MP 3.6-3.8, MP 4.0-4.4, MP 7.5); replaced Tower Creek Bridge (MP 7.3); replaced Canyon Creek culvert with a bridge (MP 10.5); and replaced a failing culvert with an aquatic organism passage (AOP) box culvert (MP 4.38).
  • County Post-Construction Obligations: Jefferson County must accept ownership and maintain permits for the remaining portion of the 15-year lifespan.
  • Work Funded by Grant (Statement of Work): Includes permit transfers, riparian tree planting, vegetation maintenance and monitoring (including noxious weed control and erosion correction), Engineered Log Jam (ELJ) maintenance and performance monitoring, and signage installation.
  • Deliverables and Deadlines:
    • Transfer Permits: Due December 20, 2024.
    • Install two (2) navigation hazard warning signs: Due December 20, 2024.
    • Install one (1) FHWA-supplied Interpretive sign: Due December 20, 2025.
    • Supplemental Tree Planting: Due March 1, 2026.
    • Annual vegetation/ELJ/AOP monitoring & reporting (Years 1-3): Due March 1, 2027.

Financials

  • Federal Share (Total Value): \$165,000 (Source: FHWA Federal Lands Access Program grant).
  • Recipient Share (Jefferson County): \$0.
  • Matching Funds Required: Yes; Source: WSDOT Toll Credits.
  • The project is funded as revenue (33320.22000) and expenditure (59500.10).

Alternatives

None specified.

Community Input

None specified.

Timeline

  • 2023: Construction of UHRR Phase 2 completed.
  • 2024: Post-construction obligations (15-year period) scheduled to begin.
  • July 2, 2024: Department certifies compliance/debarment status (N/A checked).
  • July 4, 2024: Prosecuting Attorney approved as to form.
  • Period of Performance: From Effective date to May 1, 2027.
  • December 20, 2024: Deadline for permit transfer and installation of navigation hazard signs.
  • December 20, 2025: Deadline for installation of FHWA-supplied Interpretive sign.
  • March 1, 2026: Deadline for supplemental tree planting.
  • March 1, 2027: Deadline for final reporting of 3-year maintenance and monitoring activities.
  • Remaining Lifespan: Jefferson County assumes maintenance for the permits for the remaining portion of the post-construction period (upwards of 15 years total).

Next Steps

  • Public Works recommends the Board execute the Grant Agreement by signing and returning the original document.

Sources

  • Monte Reinders, P.E. - Public Works Director/County Engineer
  • Mark Thurston, P.E. - Project Manager (Jefferson County)
  • Chris Spall - Contact Person (Jefferson County)
  • Kate Dean - Chair, Board of Commissioners (for Jefferson County)
  • Angy Liljedahl - Agreement Officer (for FHWA)
  • John Davis - Agreement Officer's Representative (FHWA/WFLHD)
  • Genise Dance - Financial Contact (FHWA/WFLHD)
  • U.S. Department of Transportation / Federal Highway Administration (FHWA-Western Federal Lands Highway Division)
  • 23 U.S.C. Section 204 (Legislative Authority)
  • Regulatory Permits: US Army Corps of Engineers Permit NWS-2015-229, Washington Department of Fish and Wildlife HPA 2018-6-192+02, Washington Department of Ecology Water Quality Certification Order 15772, Washington Department of Natural Resources Aquatic Lands Lease 51-096399.

Ferry Advisory Committee Reappointment

Topic Summary

The Board of County Commissioners reviewed the reappointment of Nicole Gauthier to the Commerce position on the Ferry Advisory Committee (FAC) for a new four-year term. Ms. Gauthier had served in an unexpired position which expired on June 6, 2024.

Key Points

  • The vacant position was for the Commerce representation on the Ferry Advisory Committee (FAC).
  • Nicole Gauthier submitted an application to continue serving.
  • FAC members and County staff recommended approval of her reappointment.

Financials

None specified.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • June 6, 2024: Previous unexpired term for the Commerce position expired.
  • July 15, 2024: Proposed date for the new four-year term to begin and expire on July 15, 2028.

Next Steps

The Board approved the reappointment as part of the Consent Agenda.

Sources

  • Wendy Housekeeper - Executive Assistant
  • Nicole Gauthier - Reappointment candidate
  • Mark McCauley - County Administrator

Creation of New Part-Time Position for Superior Court

Topic Summary

A request was submitted by the County Administrator and Human Resources Director to create a new, term-limited, regular part-time (0.5 FTE) position to provide administrative support for the Superior Court Judge. This position is justified by the current single employee's inability to take time off due to workload, presenting a "significant liability" in case of illness.

Key Points

  • The request is to create a term-limited, regular, part-time (0.5 FTE) position.
  • This position would support the administrative requirements of the office of the Superior Court Judge.
  • Currently, there is only one administrative support position, making leave or illness coverage difficult and creating a "significant liability to the Courts and to Jefferson County."
  • The position grade would be Grade 23 Step 4 (\$22.55 per hour), covered by the UFCW Collective Bargaining Agreement, ensuring equity with other similar County positions.
  • The position is term-limited and will be re-evaluated for renewal after one year.

Financials

  • Cost of the 0.5 FTE position (including benefits): Approximately \$32,000.
  • A Fiscal Impact Statement and Budget Appropriation request will be submitted for 3rd Quarter review (Fund SC51221101000 salaries and SC512200000 benefits).

Alternatives

None specified.

Community Input

None specified.

Timeline

  • July 15, 2024: Agenda request date.
  • After one year: Position and costs will be re-evaluated for renewal.

Next Steps

The Board approved the request to create the term-limited, part-time position as part of the Consent Agenda.

Sources

  • Mark McCauley - County Administrator
  • Sarah Melancon - Human Resources Director
  • UFCW Collective Bargaining Agreement (CBA)

Acquisition of Sewer Utility Easement for Port Hadlock Sewer Project

Topic Summary

The Public Works Department sought authorization to proceed with the acquisition of a perpetual sewer utility easement across Tax Parcel 901-013-016, owned by the Northwest School of Wooden Boatbuilding (NWSWBB). The easement is required for the Port Hadlock Sewer Project (County Project 40516936) to install sewer mains and appurtenances along the preferred alignment, which is expected to facilitate connections to waterfront properties.

Key Points

  • The easement acquisition targets Tax Parcel 901-013-016, owned by the Northwest School of Wooden Boatbuilding (NWSWBB).
  • The easement is 20 feet wide and perpetual (permanent).
  • The purpose is to establish the preferred alignment for public sewer mains and appurtenances, serving the Boat School and eventually other Port Hadlock waterfront parcels.
  • This alignment is preferred because it avoids the need to place sewer lines in public right-of-way, reducing complications and costs.

Financials

  • Just Compensation established and authorized for the first offer: \$26,200.
  • Valuation determined by an Appraisal (Integra Realty Services, dated June 13, 2024) and confirmed by a Review Appraisal (R.F. Duncan & Associates, dated July 5, 2024).
  • Funding source: Port Hadlock Sewer Fund, sourced from transferred ARPA funds.
  • The easement acquisition is expected to provide a cost savings over other conceptual alignments.

Alternatives

  • The primary goal is to avoid the complications and costs of placing sewer lines in public right-of-way that other alignments would require.

Community Input

None specified.

Timeline

  • June 13, 2024: Date of the initial appraisal (Integra Realty Services).
  • July 5, 2024: Date of the review appraisal (R.F. Duncan & Associates).
  • July 15, 2024: Agenda request date.

Next Steps

  • The Board approved the authorization as part of the Consent Agenda, establishing Just Compensation at \$26,200 and directing Public Works to proceed with the offer, negotiation, and acquisition in accordance with Resolution 11-23.

Sources

  • Monte Reinders - Public Works Director
  • Colette Kostelec - Department Contact
  • Northwest School of Wooden Boatbuilding (NWSWBB) - Property Owner
  • Integra Realty Services - Appraiser
  • R.F. Duncan & Associates - Review Appraiser
  • Right of Way Acquisition Procedures Resolution 11-23

Declaration of High Fire Hazard and Restrictions

Topic Summary

The Jefferson County Fire Marshal requested the Board review and publicly acknowledge the recent change in the fire danger level from moderate to high, triggering specific burn restrictions and prohibitions on certain activities effective July 10, 2024. This action was taken in coordination with the County Fire Chiefs and in recognition of the statewide escalation announced by the Washington State Public Lands Commissioner.

Key Points

  • Effective 1:00 p.m., July 10, 2024, DNR Commissioner Hilary S. Franz implemented a ban on outdoor burning, charcoal briquettes, and prescribed burns on all forest lands under DNR fire protection across Washington State through September 30, 2024.
  • Jefferson County concurrently declared a HIGH FIRE HAZARD due to atmospheric and field conditions, in coordination with the County Fire Chiefs' Association.
  • The definition of HIGH FIRE HAZARD (JCC 8.72.040) implies that fires start quickly, spread furiously, and burn intensely, but are difficult to control only if not put out while small.
  • Restrictions under HIGH FIRE HAZARD (effective July 10, 2024):
    • Use of charcoal briquettes is prohibited, except for commercially made listed and labeled barbeque devices used at a residence (JCC 8.72.040(5)(c)(i)).
    • Target shooting outside of gun ranges, exploding targets, and incendiary ammunition are prohibited.
    • The discharge, manufacture, sale, storage, or transportation of fireworks is prohibited (JCC 8.75.040(2)).
    • Outdoor burning is restricted, including all recreational burning (campfires).
  • Next Level Restrictions: Moving to "Very High Orange" would restrict charcoal use even at residences.

Financials

  • Fiscal Impact: None direct, but efficiency would be improved.
  • The DNR order noted that "wildfires result in large expenditures of public funding that can be avoided through prudent actions to prevent them."

Alternatives

  • Exceptions to the DNR Ban (Effective July 10): DNR permitted prescribed fire for ecological purposes and community protection, when conducted by trained professionals in compliance with all permit requirements.
  • None specified for County restrictions.

Community Input

  • Five comments were received during the Public Comment Period, relating to the fire danger level and burn restrictions. (Content of public testimony was not detailed.)

Timeline

  • July 10, 2024 (1:00 p.m.): State ban and County High Fire Hazard declaration took effect.
  • September 30, 2024: DNR ban scheduled to expire, subject to extension or shortening based on fire conditions.

Next Steps

  • Staff recommended the Board review the changes and increase public awareness through discussion in a public meeting.

Sources

  • Phil Cecere - Jefferson County Fire Marshal
  • Hilary S. Franz - Washington State Commissioner of Public Lands
  • Jefferson County Fire Chiefs' Association
  • JCC 8.72.040, JCC 8.75.040(2)

Opioid Litigation Settlement with Kroger

Topic Summary

Jefferson County's counsel from Keller Rohrback (KR) recommended that the County approve participation in the Washington State settlement with Kroger, one of the national pharmacy chains involved in opioid litigation. The total national settlement amount is \$1.4 billion, which will be split 50/50 between the State and participating local governments. The County's estimated share of the settlement funds is approximately \$105,600 over an eleven-year period.

Key Points

  • The litigation is against Kroger, related to the distribution of prescription opioids.
  • Total settlement amount: \$1.4 billion (national value).
  • The funds are split 50% to the State and 50% to Participating Local Governments (LG Share), governed by the One Washington Memorandum of Understanding (MOU) and Allocation Agreement III.
  • All funds received must be used for Opioid Remediation/Abatement, consistent with the Approved Purposes (Exhibit A of the MOU).
  • The Allocation Agreement III affirms the MOU applies to this settlement, modifying it for the Kroger payment structure.
  • Jefferson County is part of the Olympic Community of Health Allocation Region (Clallam, Jefferson, and Kitsap Counties).
  • The Salish Behavioral Health Administrative Services Organization (SBH-ASO) is designated as the Olympic Opioid Abatement Council (OAC) to oversee allocation and distribution of funds to these counties.
  • 10% of Opioid Funds received by the SBH-ASO are reserved for administrative costs.
  • The full release of claims against Kroger requires the Local Government to execute the Participation Form (Exhibit K of the Settlement) and Allocation Agreement III by the deadline.
  • Attorney fees for litigating local governments are capped at 15% of the LG Share recovered by that specific government for the settlement.

Financials

  • Total national settlement amount: \$1.4 billion.
  • Jefferson County's estimated total share: \$105,600.00 (over 11 years).
  • Annual share (2024 to 2029): Approximately \$8,100 per year.
  • Annual share (2030 to 2034): Approximately \$9,500 per year.

Alternatives

  • Non-participation means the subdivision cannot directly share in the settlement funds and risks reducing the overall amount available to the state for remediation programs.

Community Input

None specified.

Timeline

  • March 22, 2024: Date of the Kroger Settlement Agreement.
  • June 28, 2024: Date of the Washington State Allocation Agreement III.
  • August 12, 2024: Deadline for local governments (including Jefferson County) to execute and submit the Participation Form and Allocation Agreement III.
  • 2024–2034: Period over which Jefferson County's estimated payments will be distributed.

Next Steps

  • The Board approved the settlement with Kroger as part of the Consent Agenda, authorizing the Chair to sign all necessary documents to effectuate the settlement.

Sources

  • Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
  • Keller Rohrback (KR) law firm - Jefferson County Counsel
  • Robert W. Ferguson - Washington Attorney General
  • Jeffrey G. Rupert - Division Chief, WA Attorney General's Office
  • One Washington Memorandum of Understanding (MOU)
  • Allocation Agreement III
  • Salish Behavioral Health Administrative Services Organization (SBH-ASO)

Jefferson County Internal Climate Summit Findings

Topic Summary

The Public Health and Community Development Departments presented the findings from the May 2-3, 2024, Jefferson County Internal Climate Summit, facilitated by Cascadia Consulting Group. The summit aimed to inventory existing climate-related work across departments, identify collaboration opportunities, and build a foundation for a new Climate Resiliency Element in the Comprehensive Plan.

Key Points

  • Summit Goals: 1) Inventory climate-related projects (mandated and voluntary), 2) Identify cross-departmental collaboration opportunities, and 3) Build a foundation for a Climate Resiliency Element in the Comprehensive Plan.
  • Participating Departments: Auditor’s Office, Board of County Commissioners, Community Development (DCD), Public Health, Public Works, and WSU Extension.
  • Key SWOT/Status Findings:
    • Strengths: Strong commitment from staff/planners, high awareness of climate issues, existing informal/formal partnerships, active community engagement (e.g., Climate Action Committee), local resilience-building (e.g., EV fleet transition, updated sewage plans addressing sea level rise/SLR), and available state/federal grant funding.
    • Weaknesses: Significant capacity limitations (time constraints, staffing shortages), lack of clear coordination/strategy/leadership in the climate space, disconnect between economic development goals and climate, persistent transportation challenges (66% of 2018 GHG emissions), and difficulty filtering the "mushroomed" amount of climate-related information.
    • Opportunities for Collaboration: Leveraging a health-centric approach (Planetary Health), fostering cross-departmental information sharing via internal apps/websites, establishing a coordinating committee or Climate Resilience Office tasked with prioritizing work/grants, aligning messaging to the public, and addressing regional threats like water security and flood response.
  • Key Activities Identified (Inventory):
    • Planning (Mandated): County Comprehensive Plan update (including resiliency element - partially Dept. of Commerce grant funded), WRIA 17 groundwater usage rules, Local Sewage Management Plan, Coordinated Water System Plan (CWSP), and Floodplain management (FEMA mandate).
    • Mitigation (Voluntary): Program GHG emission reduction, County forestry program, electric vehicle charging infrastructure (COM/WSDOT funded), home composting classes, and engaging in carbon sink planning (e.g., green burial, permaculture).
    • Adaptation (Mandated): Tracking emerging infectious diseases, Port Hadlock Wastewater Treatment System project (includes updated septic code for SLR), DEM's NPREP (Neighborhood preparedness), and culvert replacement/fish passage (WSDOT mandate/Tribal treaty rights aspects).
    • Adaptation (Voluntary): Extreme weather sheltering (smoke, heat, storms), Health/Smoke education, JCPH Flooding Impact Risk Analysis, harmful algae bloom (HAB) response, and C-PACER financing for building resilience improvements (commercial/ag properties).
  • Proposed Future Actions (Next Steps Focus): Create a Climate Resilience Office/Director position (through shared departmental funding and grants), establish a grants partnership, formalize monthly/quarterly cross-departmental update meetings, and develop a shared internal website/app for resources.

Financials

  • Fiscal Impact: None specified for the summit findings report.
  • Funding Constraints: Identified as a major Weakness/Threat; limited County funding is insufficient to implement necessary climate action, leading to delays and stress.
  • Funding Opportunities: State/Federal grants are currently leveraging initiatives (e.g., Dept. of Commerce, EPA). The newly proposed coordination initiatives aim to enhance technical support for obtaining future grants.

Alternatives

  • Participants discussed forming a Climate Resilience Office with a Director position versus leaning on an existing quarterly process reporting to the County Administrator.
  • Discussion included a Coordinating Committee to prioritize projects.

Community Input

  • Participants identified a need to connect urban and rural communities and invite residents (especially South County) to share/listen, noting that rural citizens might not feel listened to.
  • Strategies proposed emphasize framing climate issues around existing community concerns like food security, health impacts, and fire preparedness to increase buy-in.

Timeline

  • May 2-3, 2024: Jefferson County Internal Climate Summit held.
  • Late June 2024 (anticipated): Climate Summit summary report to be shared (as noted in Post-Summit survey).
  • 2025 (planned): DCD will initiate the Comprehensive Plan periodic update, incorporating the climate resilience element.

Next Steps

  • Chair Dean and County Administrator McCauley will draft a concept for forming a new committee (including name, frequency, and funding).
  • Chair Dean will work with EHS Lara Gaasland-Tatro to synthesize the internal climate report findings with the County's Climate Action goals.

Sources

  • Apple Martine - Public Health Director
  • Josh Peters - DCD Director
  • Pinky Mingo - Environmental Health & Water Quality Manager
  • Lara Gaasland-Tatro - Environmental Health Specialist
  • Cascadia Consulting Group - Facilitator
  • Lara Tucker - Public Health/Public Works Staff (Provided CAC overview)
  • Heidi Eisenhour - Commissioner

Supplemental Agreement No. 1 with Otak, Inc. for Olympic Discovery Trail- Anderson Lake Connection

Topic Summary

Public Works requested approval for Supplemental Agreement No. 1 with Otak, Inc., modifying the scope of engineering services for the Olympic Discovery Trail- Anderson Lake Connection (County Project No. 18019893). The supplement increases the contracted amount by \$80,510 to cover costs associated with environmental mitigation planning, trail realignment due to acquired rights-of-way (ROW) and stakeholder changes (WSDOT, Jefferson Transit), and an additional 17 months of project management.

Key Points

  • The project is the Olympic Discovery Trail - Anderson Lake Connection (approx. three miles long).
  • The original agreement (PW2022-004) executed on January 24, 2022, had a maximum payable amount of \$644,535 and a completion date of December 31, 2026.
  • Changes/New Work in Supplement No. 1:
    1. Bringing Draft Mitigation Plan/Design to Final Mitigation Plan Report/Final Design.
    2. Revising alignment design and environmental impacts for newly acquired ROW (from Pope Resources and Nighswonger) to achieve ADA 5% grade and eliminate retaining walls.
    3. Revising the SR 20 crossing design per WSDOT changes (moving from a mid-block crossing to the existing intersection at Four Corners Road). This requires updating clearing limits for sight distance.
    4. Revising the trail through Jefferson Transit property due to a change in the easement location requested by Jefferson Transit for better integration with existing/future transit improvements.
    5. Extending project management services by an additional 17 months to November 2024 (design period extension).
  • The project is currently scheduled for advertisement for bid in early October 2024.

Financials

  • Supplemental Agreement No. 1 amount: \$80,510.00
  • New Maximum Amount Payable: \$725,045.00 (\$644,535.00 + \$80,510.00).
  • Funding Source: The agreement is funded 72.26% by the WA State Recreation and Conservation Office (RCO) WA Wildlife and Recreation-Trails grant (#20-1745).
  • Remaining Funding: County capital funds (including STBG, ARP/CRRSSA) cover the balance.

Alternatives

None specified. The changes described appear to be unavoidable responses to permitting, new ROW, and stakeholder directions.

Community Input

  • Stakeholder input required the Jefferson Transit Alignment Revisions.
  • WSDOT requested the SR 20 Intersection Revisions.

Timeline

  • January 24, 2022: Original Agreement PW2022-004 executed.
  • Design Period Extension: Extended from June 2023 to November 2024.
  • October/November 2024 (Target): Revised Bid Advertisement date.
  • December 31, 2026: Overall Completion Date of the Consulting Agreement.

Next Steps

  • The Board approved the Supplemental Agreement No. 1 as part of the Consent Agenda.

Sources

  • John Fleming, P.E. - Project Manager
  • Otak, Inc. - Consultant
  • WA State Recreation and Conservation Office (RCO) - Grantor (Grant #20-1745)
  • Washington State Department of Transportation (WSDOT)
  • Jefferson County Transit (Jefferson Transit)
  • Pope Resources and Nighswonger - Property owners involved in ROW acquisition

Jefferson County Public Health Consolidated Contracts Amendment #20 with DOH

Topic Summary

Jefferson County Public Health (JCPH) requested approval for Consolidated Contract Amendment #20 with the Washington State Department of Health (DOH). This amendment significantly increases funding for various public health programs, notably including a large new allocation for Foundational Public Health Services (FPHS) to build system capacity and increase service availability statewide.

Key Points

  • Amendment #20 covers the contract period of January 1, 2022 – December 31, 2024.
  • The amendment adds funds and/or amends Statements of Work (SOW) for several programs:
    • Foundational Public Health Services (FPHS): Adds a new SOW and funds (\$1,166,500) effective July 1, 2024, specifically intended to build the system's capacity and increase the availability of FPHS services statewide.
    • Executive Office of Resiliency & Health Security: Revises a SOW to extend the period of performance and adds a due date for data collection.
    • Recreational Shellfish Activities: Adds funds for biotoxin monitoring (additional \$3,000).
    • Sexual & Reproductive Health Program: Adds funds for July 1, 2024 – December 31, 2024 (additional \$48,323).
    • WIC Nutritional Program: Provides additional funds (additional \$743).
  • Total increase in funding: \$1,218,566.
  • New Total Contract Value: \$9,416,279.
  • FPHS funds (totaling \$1,166,500 for JCPH) are allocated as a Periodic Distribution (not reimbursement for specific Task # amounts listed), requiring no pre-approval for spending, but requiring spending reports and compliance with FPHS definitions.
  • The FPHS investment includes funds for:
    • Climate Change Response Core Team (\$40,000 to this Task #).
    • Social Work Support (EPH) for non-traditional public health responses (\$42,500).
    • Illicit Substance Use and Overdose Response (\$75,000).
    • Fully funding Environmental Public Health Policy & Leadership Capacity (\$75,000).
    • FPHS Funds for all FPHS Definitions (\$260,000).

Financials

  • Total increase in contracts (Amendment #20): \$1,218,566.
  • Revised maximum contract total (CC-22-002-A20): \$9,416,279.
  • Funding is composed of Federal (Total \$3,024,039) and State (Total \$6,392,240) funds.
  • FPHS-LIJ Funds-GFS (SFY25): \$1,166,500 increase (State funds, Periodic Distribution).
  • Sexual & Reproductive Health Cost Share (SFY25): \$48,323 increase (State funds, Reimbursement).
  • Recreational Shellfish/Biotoxin: \$3,000 increase (State funds, Reimbursement).
  • WIC Nutrition Program, FFY24: \$743 increase (Federal funds, Reimbursement).
  • Cost Benefit: Funds public health services, including FPHS implementation, with no impact to the County General Fund.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • January 1, 2022 – December 31, 2024: Period of Performance for the Consolidated Contract (CLH31013).
  • July 1, 2024: Effective date for new FPHS funds.

Next Steps

  • The Board approved Amendment #20 as part of the Consent Agenda.

Sources

  • Apple Martine - JCPH Director
  • Veronica Shaw - JCPH Deputy Director/Contact Person (Public Health)
  • State of Washington Department of Health (DOH)
  • Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
  • RCW 43.70.512 (FPHS Intent)

Amendment No. 1 to Professional Services Agreement with BerryDunn for Strategic Planning

Topic Summary

The County Administrator requested approval for Amendment No. 1 to the Professional Services Agreement with BerryDunn to assist with the implementation and public reporting phases of the recently adopted Jefferson County Five-Year Strategic Plan. The additional services include implementation planning facilitation, development of internal/external performance dashboards, and ongoing support for 12 months.

Key Points

  • The original agreement was for developing the Strategic Plan, which was adopted by the Board on October 2, 2023.
  • The purpose of the amendment is to retain BerryDunn for 12 months to assist with implementation and monitoring, as staff determined consultant assistance is "crucial to the successful implementation of the plan."
  • New Scope of Services (Implementation Support):
    • Review and update the County’s internal implementation plan spreadsheet.
    • Facilitate implementation plan update meetings with leadership/departments, including development of outcomes using logic modeling techniques.
    • Develop consistent guidelines for updating and reporting progress (e.g., status/progress terms/definitions).
  • New Scope of Services (Performance Dashboard):
    • Facilitate development of internal and external performance metrics dashboards, including providing guidance on application selection and developing the external dashboard using business intelligence applications.
    • Facilitate quarterly meetings for dashboard updates.
  • The cost covers a 12-month support duration, calculated using a blended hourly rate of $275 through June 30, 2025.

Financials

  • Amount of Amendment No. 1: Not to exceed \$44,389.
  • Original Maximum Contract Cost: \$64,270.
  • New Maximum Contract Cost: \$108,659.
  • Funding Source: General Fund – Non-departmental (Fund 001-270).
  • Budget Plan: A supplemental budget request will be submitted in the 3rd Quarter 2024 to cover the cost.

Alternatives

  • None specified. The request emphasizes that staff believes consultant assistance is crucial.

Community Input

The new scope includes assistance with developing the County's external performance metrics dashboard.

Timeline

  • October 2, 2023: Jefferson County’s Five-Year Strategic Plan adopted.
  • June 17, 2024: BerryDunn submitted the proposal for implementation support.
  • 12 months: Duration of proposed implementation support (starting upon execution of amendment and continuing through June 30, 2025).
  • 3rd Quarter, 2024: Supplemental budget request is to be submitted.

Next Steps

  • The Board approved Amendment No. 1 as part of the Consent Agenda.

Sources

  • Mark McCauley - County Administrator
  • BerryDunn (Seth Hedstrom, Principal; Michelle Kennedy, Manager) - Consultant
  • Philip C. Hunsucker - Chief Civil Deputy Prosecuting Attorney
  • General Fund – Non-departmental (Fund 001-270)

Resolution to Adopt Second Quarter Budget Appropriations/Extensions

Topic Summary

The Board of County Commissioners held a public hearing regarding the proposed Second Quarter 2024 Budget Appropriations/Extensions for various departments, addressing unanticipated revenues and unexpended funds from the prior year. The resolution authorizes several significant capital and staffing changes in the Prosecuting Attorney's Office (PAO), Superior Court, Public Works/Solid Waste (Fund 401), and Noxious Weed Control.

Key Points

  • The hearing addressed the need for listed expenses funded by unanticipated revenues (fees or grants) or budgeted but unexpended monies from the prior year.
  • Prosecuting Attorney (General Fund 150):
    • One-time Capital: \$55,575 appropriation to complete the Karpel Case Management Software purchase (total project \$75,200).
    • One-time Reduction: -\$210,644 reduction/transfer from multiple salaries/benefits to fund the following and converting a vacant paralegal position.
    • Staffing Reorganization: Convert a vacant paralegal position (vacant salary/benefits of \$83,492) to an additional Civil Deputy PA (DPA III Step 7) due to difficulty filling the paralegal position and existing cost savings from recent hires.
    • Ongoing Increase: \$80,021 increase for the new Civil Deputy PA (6 months funding; Ongoing Annual cost of \$160,042). This move is intended to be budget neutral, increasing Civil Division capacity.
  • Superior Court (General Fund 240):
    • Corrected Grant Revenue: \$15,000 appropriation for a Center For Children & Youth Justice grant (Revenue and Expense).
    • Transfer Correction: -\$70,000 reduction in ongoing revenue due to a correction of a transfer now handled directly by Therapeutic Courts.
  • Public Works / Solid Waste (Fund 401):
    • Equipment: \$400,000 appropriation for Capital Outlay - Equipment (telehandler and excavator) for material management efficiencies at the transfer station.
    • Fees/Revenue: \$144,340 increase in revenue from a Dept. of Ecology Grant (\$109,340) and higher than anticipated Yard Debris Fees (\$35,000).
    • Expenditures: \$90,000 increase in Salaries & Benefits (due to new CBA and staffing), \$55,000 for City Yard Waste Fees (due to December 2023 payment made in 2024 and high customer transactions), and \$48,000 for Professional Services - Recycling (due to December 2023 payment made in 2024).
  • Noxious Weed Control (Fund 109):
    • Capital: \$38,434 appropriation for the purchase of a new truck, ordered in 2023 but delivered and invoiced in March 2024 (The BoCC had previously approved a \$50,000 appropriation in Q2 2023 for this).
  • Public Works / ER&R (Fund 501):
    • Revenue Reduction: -\$400,000 reduction in miscellaneous revenue due to the postponement of the sale of Penny Creek Pit until 2025.

Financials

  • Total Appropriations:
    • Revenue (One-time): -\$240,660 net.
    • Revenue (Ongoing): -\$70,000 net.
    • Expense (One-time): \$491,365 net.
    • Expense (Ongoing): \$80,021 net.
  • General Fund Totals (Net): Revenue change is -\$55,000 (net -\$55,000 one-time), Expense change is -\$60,048 (net -\$60,048 one-time and +\$80,021 ongoing).

Alternatives

  • The PAO chose to convert a difficult-to-fill paralegal position into a Civil DPA position by leveraging existing salary savings, stating that increasing personnel capacity is the only practical way to meet demand for civil legal services.

Community Input

  • Testimonies were received from James Kennedy (County Prosecutor) and Tom Thiersch. (Content details of Thiersch's testimony were not specified.)

Timeline

  • July 1, 2024: Date the Board declared the need for the budget changes and set the hearing date.
  • July 3 and 10, 2024: Hearing notice published in the official newspaper.
  • July 15, 2024 (10:00 a.m.): Public hearing held and resolution approved.

Next Steps

  • The Board unanimously approved Resolution No. 40-0715-24R, adopting the Second Quarter Budget Appropriations/Extensions.

Sources

  • Mark McCauley - County Administrator
  • Judy Shepherd - Finance Manager
  • James Kennedy - County Prosecutor
  • Tom Thiersch - Public Commenter
  • RCW 36.40.140, RCW 36.40.100.

JCPH Agreement Amendment for Youth Cannabis and Commercial Tobacco Prevention Program (YCCTPP)

Topic Summary

Jefferson County Public Health (JCPH) requested approval for an amendment to the existing professional services agreement with Kitsap Public Health District (KPHD) to continue Youth Cannabis and Commercial Tobacco Prevention (YCCTPP) services in Jefferson and East Clallam Counties. The amendment secures \$82,000 in regional state funding from the Department of Health (DOH) for the 2024-2025 fiscal year.

Key Points

  • The agreement (Amendment #3 to Contract N-22-028) extends the YCCTPP for one year, from July 1, 2024, to June 30, 2025.
  • JCPH serves as a subrecipient under KPHD, which manages regional funding from the WA State Department of Health (DOH).
  • The funds are designated for youth (ages 12-20) cannabis and commercial tobacco (including vaping) prevention and control activities.
  • Core Strategies: Social Norms, Youth Empowerment/Engagement, Decision-maker Engagement, and Policy/System/Environmental (PSE) Changes.
  • PSE Goals: 1) Youth Empowerment, 2) Youth in Transition (support youth leaving Juvenile Detention Centers/JDC to stay quit), 3) Positive Community Norms (changing perceptions of use/risk), and 4) Trusted Adults Vaping Education.
  • JCPH activities include inviting community partners to the Olympic Prevention Partnership, promoting youth leadership (e.g., Youth2Youth), promoting positive community norms via media, distributing materials about maternal cannabis/tobacco use, and engaging family-serving organizations.
  • JCPH is involved in the Olympic Prevention Partnership, targeting Kitsap, Clallam, and Jefferson counties.

Financials

  • Amendment Amount: Additional \$82,000.00
  • Total Contract Compensation (since 2022): \$288,761 (Total compensation up to the Amendment. Prior Amendment #2 was \$209,761).
  • Funding Source: Regional funding from WA State Department of Health, specifically the Dedicated Cannabis Account (DCA - \$42,000) and the Nicotine Addict Prevention & Education Program (NAPE - \$40,000).
  • Cost Breakdown for JCPH for FY 2024–2025 (Total \$82,000):
    • Staff Salary: \$37,848.72 (Split between DCA/NAPE)
    • Benefits: \$11,354.62 (Split between DCA/NAPE)
    • Indirect (Rate 27.94%): \$13,747.42 (Split between DCA/NAPE)
    • Goods & Services: \$18,249.07 (Split between DCA/NAPE)
    • Travel/Training: \$800.00 (Split between DCA/NAPE)
  • Fiscal Impact to General Fund: None.

Alternatives

None specified.

Community Input

  • The workplan mandates engaging youth-serving organizations and coordinating with partners like Kitsap County Juvenile and Family Court Services and Clallam Juvenile Detention.

Timeline

  • July 1, 2024 – June 30, 2025: Period of Performance for Amendment #3.
  • December 1, 2024: Proposed date for mini-grant release to community organizations.
  • February 1, 2025: Due date for midterm evaluation report to CTPP Regional Coordinator.

Next Steps

  • The Board approved Amendment #3 as part of the Consent Agenda.

Sources

  • Apple Martine - Public Health Director
  • Denise Banker - Community Health Division Director/Contact Person (Jefferson County Public Health)
  • Kitsap Public Health District (KPHD) - Contracting Entity
  • Washington State Department of Health (DOH) - Primary Funder
  • Yolanda Fong - Administrator (KPHD)
  • Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
  • Funding Sources: Dedicated Cannabis Account (DCA), Nicotine Addict Prevention & Education Program (NAPE).

Support Letter for Chimacum Commons Affordable Housing Project

Topic Summary

Jefferson County Commissioner Heidi Eisenhour requested that the Board sign a letter of support for the Chimacum Commons project, a proposed critical workforce housing development in the unincorporated rural farming community of Chimacum. The project is a partnership between the Jefferson Land Trust (JLT) and the Olympic Housing Trust (OHT).

Key Points

  • The project aims to develop critical workforce housing in Chimacum.
  • Primary organizations: Jefferson Land Trust (JLT, county's leading conservation organization) and Olympic Housing Trust (OHT, non-profit housing provider).
  • JLT, typically focused on preserving farms/forests, supports this project to ensure residents and farmers can live locally to sustain protected lands.
  • The County views this as a "standout example of collaboration between local nonprofits" and innovative housing development in the rural county.
  • The letter requests funding from the Department of Commerce’s Community Based Organization Planning and Predesign Capital Equity Program to support the project's predevelopment phase.

Financials

  • Fiscal Impact: None. The requested grant funds will support predevelopment phases (site analysis, architecture, preliminary work).

Alternatives

None specified.

Community Input

None specified.

Timeline

  • July 15, 2024: Date of the letter of support.

Next Steps

  • The Board approved signing the letter of support as part of the Consent Agenda.

Sources

  • Heidi Eisenhour - Commissioner
  • Jefferson Land Trust (JLT)
  • Olympic Housing Trust (OHT)
  • Mark McCauley - County Administrator
  • Alice Zillah - Department of Commerce

Advisory Board Appointments and Resignation

Topic Summary

The Board reviewed and approved several appointments and one resignation for various advisory boards, including the Local Emergency Planning Committee (LEPC), the Veterans Advisory Board, and the Ferry Advisory Committee (reappointment approved in a separate consent item).

Key Points

  • Local Emergency Planning Committee (LEPC):
    • 10 members previously approved on July 8, 2024, were officially appointed beginning July 8, 2024, for a two-year term ending July 8, 2026.
    • Members represent diverse entities: The American Red Cross, Jefferson County Public Health, Taylor Shellfish Farms, Port Townsend Paper Company, Jefferson Transit, Jefferson County Sheriff Office, City of Port Townsend Police Department, East Jefferson Fire Rescue (Chair Pete Brummel), US Navy, and Quilcene Fire Rescue (Vice Chair Timothy M. McKern).
  • Jefferson County Veterans Advisory Board:
    • Two members appointed for a three-year term starting June 1, 2024, and ending June 1, 2027.
    • Peter Braccio (Quilcene Brinnon VFW Post 3213 Service Officer).
    • John Hamilton (Officer at Large).
  • Port Ludlow Drainage District:
    • Resignation of Gary Rygmyr (Commissioner 1), effective at the close of the regular August meeting (August 8, 2024).

Financials

None specified.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • May 10, 2024: Officer at Large application received for Veterans Advisory Board; position advertised until July 7, 2024.
  • May 28, 2024: Peter Braccio notified the county of assuming the VFW Service Officer position (Veterans Advisory Board appointment effective June 1, 2024).
  • July 8, 2024: LEPC members approved and began their term.
  • July 11, 2024: Gary Rygmyr submitted his resignation.
  • August 8, 2024: Effective date of Gary Rygmyr's resignation.

Next Steps

  • The Board approved the appointments and accepted the resignation as part of the Consent Agenda. A thank you letter will be signed for Mr. Rygmyr.

Sources

  • Wendy Housekeeper - Executive Assistant
  • Bradley Brooks - DEM Planning Coordinator (for LEPC briefing)
  • Gary Rygmyr - Commissioner 1, Port Ludlow Drainage District
  • Peter Braccio and John Hamilton - Veterans Advisory Board appointees
  • LEPC Appointees: Andrew Stockton, Apple Martine, David Pederson, Dwayne A. Wendorf, Gary Maxfield, Joe Nole, Thomas A. Olson, Pete Brummel, Tim Callister, Timothy M. McKern.

Public Works Employee Recognition (Robert “Bob” Wheeler)

Topic Summary

The Public Works Department requested that the Board formally recognize Robert “Bob” Wheeler for his outstanding service to the County, particularly his crucial role in managing the Port Hadlock Wastewater project over the past four years, preceding his announced retirement.

Key Points

  • Robert “Bob” Wheeler is retiring after four years of post-retirement service to the County.
  • He served as a crucial Project Management Team member for the Port Hadlock Sewer Project (top priority for over 20 years).
  • Bob Wheeler was instrumental in project permitting, financing, developing the sewer ordinance, design, technical details, RFQs/RFPs, and recruiting the current project team.
  • His contributions included facilitating hundreds of individual meetings with property owners and stakeholders, believing individual outreach was essential for success.
  • Staff noted that without his work, the sewer project might not be under construction today.

Financials

  • Fiscal Impact/Cost Benefit Analysis: "Priceless."

Alternatives

None specified.

Community Input

  • Staff members who provided additional comments in support: Sarah Melancon (HR Director), Mark McCauley (County Administrator), and Samantha Harper (Wastewater Project Manager).
  • Bob Wheeler provided a comment after the motion was made.

Timeline

  • 2020: Year Mr. Wheeler began assisting the County after retiring when initial design funding materialized.
  • July 15, 2024: Recognition approved.

Next Steps

  • The Board approved signing a letter in recognition of his outstanding service.

Sources

  • Monte Reinders - Public Works Director/County Engineer
  • Mr. Robert “Bob” Wheeler - Honoree
  • Sarah Melancon - Human Resources Director
  • Mark McCauley - County Administrator
  • Samantha Harper - Wastewater Project Manager

Veterans Advisory Board Appointments

Topic Summary

The Board of County Commissioners approved the appointment of two individuals, Peter Braccio and John Hamilton, to the Jefferson County Veterans Advisory Board for three-year terms to fill vacancies for the VFW Service Officer position and the Officer at Large position.

Key Points

  • Peter Braccio was appointed to the Veterans of Foreign War (VFW) Post 3213 Service Officer vacancy, a required Post position.
  • John Hamilton was appointed to the Officer at Large position, following an active advertisement period.
  • The appointments are for a three-year term.

Financials

None specified.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • May 10, 2024: Application received for the Officer at Large position.
  • May 28, 2024: Peter Braccio assumed the VFW Post Service Officer position.
  • June 1, 2024 – June 1, 2027: Term dates for both appointments.

Next Steps

  • The Board approved the appointments as part of the Consent Agenda.

Sources

  • Wendy Housekeeper - Executive Assistant
  • Peter Braccio - Appointee
  • John Hamilton - Appointee
  • Quilcene Brinnon VFW Post 3213 - Represented organization

Port Ludlow Drainage District Resignation

Topic Summary

The Board was notified of the resignation of Gary Rygmyr from his position as Port Ludlow Drainage District Commissioner 1, effective August 8, 2024, and requested to acknowledge his service.

Key Points

  • Gary Rygmyr resigned as Port Ludlow Drainage District Commissioner 1.
  • Effective date of resignation is August 8, 2024.

Financials

None specified.

Alternatives

None specified.

Community Input

None specified.

Timeline

  • July 11, 2024: Resignation letter submitted.
  • August 8, 2024: Resignation becomes effective.

Next Steps

  • The Board accepted the resignation and signed a thank you letter for his service as part of the Consent Agenda.

Sources

  • Gary Rygmyr - Resigning Commissioner
  • Wendy Housekeeper - Executive Assistant

Discussion on Caseload Standards for Indigent Defense Attorneys (Afternoon Session)

Topic Summary

Following up on the morning agenda item, the Commissioners held a deeper discussion regarding the Washington State Supreme Court's proposed radical reduction in indigent defense caseload standards. County officials emphasized the severe financial and systemic consequences, particularly given attorney shortages and a recent court ruling that mandates in-person appearances.

Key Points

  • The proposed changes by the AOC would "radically reduce the number of felony and misdemeanor cases" attorneys can handle.
  • The new standards would have a "massive impact" on the County's general fund and require hiring attorneys who "most likely are not even available in this area."
  • New Challenges - Washington State vs. Luthi: Prosecutor Kennedy reported that a new Washington State case ruling (Washington State vs. Luthi) mandates that everyone will need to be in the courtroom, eliminating the efficacy of remote appearances and exacerbating the attorney shortage.
  • This combination of factors led Prosecutor Kennedy to request the Commissioners send a letter to the AOC expressing strong opposition to the proposed standards.

Financials

  • The new caseload standards will have a massive impact on the County’s general fund.

Alternatives

None specified.

Community Input

  • James Kennedy (County Prosecutor): Recommended sending a letter to the AOC strongly opposing the proposed indigent defense standards, noting the Luthi ruling's impact and the ongoing attorney shortage/conflict attorney issues.

Timeline

  • July 15, 2024: Discussion held.
  • October 31, 2024: Comment period for the proposed rules expires.

Next Steps

  • Chair Dean agreed to work on drafting a letter to the AOC for later review and approval by the Board.

Sources

  • Mark McCauley - County Administrator
  • James Kennedy - County Prosecutor
  • Philip Hunsucker - Chief Civil Deputy Prosecuting Attorney
  • Washington State Administrative Office of the Courts (AOC)
  • Washington State vs. Luthi (Court case causing new impact)
  • WAPA (Washington Association of Prosecuting Attorneys)

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