MINUTES BOARD OF BENTON COUNTY COMMISSIONERS

Transcription

1 MINUTES BOARD OF BENTON COUNTY COMMISSIONERS Regular Board Meeting Tuesday, January 27, 2015, 9:00 a.m. Benton County Planning Annex 1002 Dudley Avenue Prosser, WA Present: Chairman Jerome Delvin Commissioner Shon Small Commissioner James Beaver County Administrator David Sparks Clerk of the Board Cami McKenzie Benton County Employees Present During All or a Portion of the Meeting: Deputy Administrator Loretta Smith Kelty; Public Works Manager Daniel Ford; Planning Manager Mike Shuttleworth; DPA Ryan Brown; Clerk Josie Delvin; District Court Administrator Jacki Lahtinen; Bob Woody, IT Department; GIS Manager Mary Phillips; Linda Robb, Human Services; DPA Reid Hay; Jennifer Bowe, Juvenile; Lisa Small, Sheriff s Office; Sgt. Trevino and Lt. Steve Caughey, Sheriff s Office; Dan Mack, Public Works; DPA Steve Hallstrom; Approval of Minutes The Minutes of January 13, 2015 were approved. Review Agenda Chairman Delvin said they would pull item e (Canvassing Board Letter) for discussion and add to Other Business (Boating Grant Request by Sheriff s Office). Consent Agenda MOTION: Commissioner Small moved to approve the consent agenda items a through bbb, pulling e. Commissioner Beaver seconded and upon vote, the Board approved the following: Clerk a. Line Item Transfer, Fund No , Dept. 106 b. Lease Agreement w/aps Mailing Systems for Mailing Services Commissioners c. Approval of Benton County Tax Levy for 2015 d. Amending Resolution Regarding County Budgets f. Line Item Transfer, Fund No , Dept. 115 to Dept. 137 g. Authority for County Administrator to Deny and Settle Claims; Rescinding Res

2 Coroner h. Purchase Authorization of 2015 Dodge Cargo Van from Lithia Chrysler Jeep Dodge Facilities i. Line Item Transfer, Fund No , Dept. 110 j. Contract w/apollo Sheet Metal, Inc. for HVAC Maintenance Services Human Services k. Contract w/dept of Social & Health Services, Division of Behavioral Health & Recovery l. Contract w/city of Kennewick for Crisis Intervention Training m. Contract w/domestic Violence Services for Ten-Year Homeless Housing Plan Information Technologies n. Purchase Authorization of Solarwinds Orion Monitor & Software from Cerium Networks o. Purchase Authorization of Two Yr Software Subscription Renewal w/dlt Solutions Juvenile p. Line Item Transfer, Fund No , Dept. 171 q. Contract w/city of Kennewick for Graffiti Abatement Program r. Contract w/city of Benton City for Graffiti Abatement Program s. Amended Contract w/state of WA, Department of Social & Health Services for Selective Aggressive Probation t. Awarding Dyron Murphy Architects Contract for Admin Building Assessments u. Awarding Western States CAT Contract for Engine & Generator Maintenance & Repair Office of Public Defense v. Line Item Transfer, Fund No , Dept. 136 w. Amended District Court Public Defense Contract w/b Riley x. Amended District Court Public Defense Contract w/e Riley y. Amended District Court Public Defense Contract w/b Pang z. Amended District Court Public Defense Services Agreement w/m Mendoza aa. District Court Public Defense Services Agreement w/d McKinley bb. District Court Public Defense Agreement w/l Mapes cc. District Court Public Defense Mentoring & Supervision Contract w/m Trombley dd. Public Defense Investigative Services Contract w/j Porteous ee. Public Defense Investigative Services Contract w/j Griffin ff. Public Defense Investigative Services Contract w/m Torres gg. Public Defense Investigative Services Contract w/m Almquist hh. Superior Court Public Defense Services Contract w/p McBurney ii. Amended Superior Court Public Defense Services Contract w/m Alexander jj. Amended Superior Court Public Defense Services Contract w/s Ajax kk. Amended Juvenile Public Defense Services Agreement w/m Trombley ll. Terminating District Court Public Defense Contract w/j Briggs mm Contract w/d Stovern for Failure to Pay Legal Financial Obligation Matters nn. Contract w/s Henwood for Failure to Pay Legal Financial Obligation Matters Parks oo. Line Item Transfer, Fund No , Department 000 Personnel pp. Line Item Transfer, Fund No , Dept. 000 qq. Payment Authorization to B Strote Counseling & EAP for Training Services - 2 -

3 Protective Inspection rr. Line Item Transfer, Fund No , Dept. 000 Public Works ss. Bid Authorization for Purchase of Surfacing Materials-Hot Mix Asphalt tt. Digital Submittal Certification of 2015 Road Levy Certification & Estimated Revenue uu. Purchase from Kuker-Ranken, Inc of Leica Total Station/Survey Equipment Sheriff vv. Salary Request Statement ww. Purchase Authorization from ProForce Law Enforcement for Weapons & Tasers xx. Contract w/ LexisNexis for Law Library yy. Agreement w/ City of Kennewick for Use of Kennewick Firearms Range Facility zz. Ammunition Purchase Authorization from San Diego Police Equipment Company aaa. Notice of Withdrawal from Interlocal Agreement Regarding Cellebrite USA Software Superior Court bbb. Superior Court Interpreter Services Agreement w/a Armijo Item e Canvassing Board Appointment Chairman Delvin said he would be gone during this time and Commissioner Small agreed to be appointed for the Canvassing Board for the special election. Grant Agreement - Emergency Management Tyna Antonson, Crime Analyst, Benton County Sheriff s Office and Dave Reardon, Crime Analyst for Pasco PD, requested the Board approve the grant agreement between Benton County and Benton County Emergency Management to utilize $20,000 towards an intelligence and information sharing software that would benefit Benton County, Richland, Kennewick, and Pasco. Commissioner Delvin wanted to confirm they would be accessing what could only be accessed by the public. Ms. Antonson said it was just a tool so they could access all of social media accessed by the public but allowed the law enforcement agencies to streamline the information. MOTION: Commissioner Small moved to approve the grant agreement between Benton County Emergency Management and Benton County for the procurement of equipment/software. Commissioner Beaver seconded. Discussion Commissioner Small said he wanted to confirm this was already budgeted and did not need to be added to the budget and Ms. Antonson said yes. Upon vote, the motion carried

4 MOTION: Commissioner Beaver moved to approve the purchase of equipment/software from SnapTrends in the amount of $20,000, with said amount to be reimbursed by Benton County Emergency Management. Commissioner Small seconded. Discussion Commissioner Small again asked if this was funded through the current budget and Ms. Antonson said that was correct. Upon vote, the motion carried. Release of 2060 Funds Linda Robb requested the Board authorize the release of $10,000 in 2060 funds (Affordable Housing Funds) to Elijah Family Homes and River of Life Metropolitan Community Church as previously approved by the steering committee. MOTION: Commissioner Small moved to approve the recommendations and authorize Human Services to prepare contracts for those projects. Commissioner Beaver seconded and upon vote, the motion carried. Benton County Shoreline Master Program Mike Shuttleworth said the County updated its Shoreline Master Program and forwarded it to the Department of Ecology. He said the Department of Ecology conditionally approved the shoreline plan with minor changes and the Planning Department recommended the Board accept the changes as proposed and send a letter to Ecology. He said the next step would be to adopt an ordinance to implement the plan. MOTION: Commissioner Small moved to approve the changes as proposed by the Department of Ecology and authorize the Chairman to sign the letter. Commissioner Beaver seconded and upon vote, the motion carried. Public Safety Tax Update Mental Health Coordinator Position Mr. Sparks said that he reviewed the proposed Mental Health Court with Judge Butler and Jacki Lahtinen and they felt the first step in proceeding would be budget appropriations and hiring a mental health coordinator. He said Personnel would work on a job description and salary and move forward with hiring and he would ask the Board to authorize a public hearing to establish a budget for this position within the 3/10 public safety tax. He said this was the first step administratively to move forward in this process. Commissioner Small referenced an editorial in the newspaper that inferred the County would not be using the funds for a mental health court; however, the program manager was a huge step toward implementing a mental health court

5 Commissioner Beaver said they couldn t spend money they didn t have and they were trying to do it the right way. There were some anxious folks and he appreciated they were moving forward and felt this was the right first step. MOTION: Commissioner Small moved to approve the resolution to hire a mental health program manager position. Commissioner Beaver seconded and upon vote, the motion carried. Criminal Justice Sales Tax Discussion Mr. Sparks said that he and Ms. Smith Kelty had been working with departments and they wanted to implement some of the programs methodically to make sure they had a steady stream of money. He said the County would not get the first sales tax distribution until March so he highly recommended they receive three months of revenue stream before implementing programs. He said he believed there would be a problem funding all the programs but once they received the information back from all the departments they could complete the presentation. Chairman Delvin said he agreed and didn t want to spend money they didn t have and it was all based on sales tax and the economy. He said he was working on the gang intervention program and was sure the Sheriff wouldn t be able to hire deputies right away. He said he would agree with taking time to see what the revenue stream was going to be. Commissioner Small said he also agreed and wanted to keep the County in good financial status. Other Business Commissioner Beaver said he attended the dedication of the new trail at Badger Mountain. Commissioner Small discussed the received from WA State Dispatch about the E911 merger. He said that WA State Dispatch was now saying the grant expired since the matrix study was not complete so they were dissolving the grant to assist in that potential merger. He said they were looking into it and he would get back to the Board with an update. Commissioner Beaver suggested sending a letter to the Governor asking for their assistance Marine Patrol Grant Program and Boating Safety Program Lt. Steve Caughey presented the request for the boating safety program for the Board s approval. He said that Benton County would be allotted $16,166 with a 50% match requirement that was met with the 2015 Benton County Marine Coordinator position (which exceeded the requirement for this season). MOTION: Commissioner Beaver moved to approve the resolution to apply for funding from Washington State Parks & Recreation Commission for 2015 Marine Patrol Federal Financial Assistance Grant Program and Boating Safety Program. Commissioner Small seconded and upon vote, the motion carried

6 Executive Session The Board went into executive session for approximately 30 minutes with DPA Ryan Brown and Steve Hallstrom at 9:31 a.m. for a 4 th Quarter Litigation Update and Union Negotiations Update. Also present were Loretta Smith Kelty, David Sparks and Cami McKenzie. The Board came out at 10:02 a.m. for an additional 30 minutes. Dan Ford, Lexi Wingfield and Matt Rassmussen joined the executive session at 10:15 a.m. to discuss the Evaluation of Qualifications of an Applicant for Public Employment. The Board came out at 10:21 a.m. No decisions were made. MOTION: Commissioner Beaver moved to approve the job offer letter for Road Superintendent at a Grade 16I based upon the applicant s qualifications. Commissioner Small seconded and upon vote, the motion carried. The Board recessed its regular board meeting and convened the Quasi-Judicial Hearing at 10:30 a.m. Quasi-Judicial Hearing Royden Rosales Appeal/Denial of Veterans Assistance Fund Application Chairman Delvin asked the following questions: Question: Do any board members have an interest in the application or any type of relationship with the appellant? Answer: All members stated no. Question: Do any board members stand to gain or lose any financial benefit as a result of the outcome of the hearing? Answer: All members stated no. Question: Can all members hear and consider the application in a fair and objective manner? Answer: All members stated yes. Question: Has anyone engaged in any ex-parte communications with anyone concerning the appeal? Answer: Chairman Delvin said he attended a meeting at the Health District building in December to hear debate regarding the appellant s application and he also met with Linda Robb, Reid Hay and Ryan Brown and talked about a new policy on this issue

7 Commissioner Beaver said he had two conversations with legal counsel. Commissioner Small said he had two conversations with legal counsel. Question: Does anyone in the audience wish to challenge on appearance of fairness grounds participation in the matter by any member of the hearing body? Answer: no response from the audience. There were no recusal requests nor did any member recuse himself from the hearing. Exhibits Chairman Delvin entered in the record the following exhibits previously provided by Human Services: Exhibit A: Original Policies and Procedures were passed by BC Res. No Exhibit B: 1 st application by Royden Rosalez was submitted and approved (later found to be an error) Exhibit C: Letter sent to Mr. Rosalez, non-food items, no payback, no service Exhibit D: Pat Powell receives letter from legislature body and receives response back. Date and time written by Mr. Powell unknown Exhibit E: New Policies and Procedures submitted and approved by the Board. BC Res Exhibit F: Ed Thornbrugh receives from Mr. Powell expressing concerns about the implementation of changes to the Veteran s Program Policies and Procedures. Exhibit G: Ed Thornburgh sends letters to Services Officers responding to their concerns expressed at their Post Commanders and Service Officers meeting in Benton City on 12/18/2013. Exhibit H: Resolution rescinding BC Res. No , and directing Human Services to follow 2007 Policies and Procedures and following Veterans Advisory Board to make recommendations on future policies. BC Res. No Exhibit I: BC Res. No was passed authorizing the formation of the Veteran s Advisory Board. All applications for members were attached to the resolution. DHS believed at that time that items submitted met requirements to form the Board with the members names in the attached applications. Exhibit J: Royden Rosalez re-applies for funding assistance. Exhibit K: Linda Robb made aware there was a problem by Tammie Smith (Washburn). Exhibit L: Letter of denial written to Mr. Rosalez by Tammie Smith (Washburn) Exhibit M: Benton County Commissioners office receives letter from Senator Patty Murray regarding Mr. Rosalez s difficulties pertaining to his Veteran s benefits. Exhibit N: Mr. Rozalez writes to request a narrative reason why he was declined from the Veteran s Program. Exhibit O: Veteran s Advisory Board met with Commissioner Jerome Delvin at the request of Linda Robb. During the meeting the case of Royden Rosalez was thoroughly discussed and the unanimous opinion of the Advisory Board was to deny Mr

8 Rosalez s application to the BFDHS Veterans Fund based on the fact that Mr. Rosalez did not complete his initial term of service. At this meeting it was agreed that Commissioner Delvin would write letters to both Senator Murray and Mr. Rosalez informing them of the decision to deny his appeal. Commissioner Delvin asked Pat Powell, Chair of Veteran s Advisory Board to draft a letter for him which Mr. Powell did. Exhibit P: Benton County Commissioners write to Mr. Rosalez and Senator Murray stating they uphold DHS/Advisory Board decision. Mr. Powell s letter included. Exhibit Q: DHS & Benton County receive a records request from Northwest Justice Project, Nadel Barrett Exhibit R: A Quasi-Judicial Appeal of Denial of Application for Benefits from the Benton County Veterans Assistance Program took place at Benton County (Executive Session). Benton County Prosecuting Attorney s Office sends Nadal Barrett, Northwest Justice Project and Linda Robb a letter regarding application of Royden James Rosalez for Benton County Veterans Assistance Program Services. Exhibit S: Revenue Detail Report-01/01/ /31/2011 (Ref. Exhibit C) Chairman Delvin entered the additional exhibits into the record: Exhibit T: Exhibit U: Exhibit V: Memorandum dated January 20, 2015 from Northwest Justice Project Letter of Appeal dated October 22, 2014 from Royden Rosalez Declaration of Royden James Rosalez Testimony The Clerk of the Board administered the oath to Royden Rosalez. Mr. Rosalez said in 2010 he applied for this program and received benefits and was eligible due to his honorable discharge. He again applied in 2014 due to his financial situation since he was going to school and he received a food voucher. He then received a call from the Department of Human Services that he was denied because of the status on his DD214 (official discharge papers). He said he decided to see how the State of Washington looked at veterans benefits since he currently qualified for other benefits and why the Richland VFW would deny him. Commissioner Small asked Mr. Rosalez if he qualified for other Veterans services from the Dept. of Veterans Affairs and he said yes. Commissioner Small asked if his Commanding Officer signed off on his honorable discharge and he said yes. He also asked if he had ever been denied or challenged for benefits and Mr. Rosalez said no. Commissioner Small asked what happened before and why he had to reapply. Mr. Rosalez indicated the benefits were good for every calendar year before expiring and that he did not have a need after 2010 again until Commissioner Small asked what changed and Mr. Rosalez said there was a resolution passed that stated they wanted to change the entitlement criteria to in need

9 Shawn Sant, Franklin County Prosecutor, said he was asked by Benton County Prosecutor Andy Miller to be present since Human Services was a bi-county entity and he was there on behalf of Linda Robb (Human Services) and Pat Powell (Veterans Advisory Board) in case there were questions. Jefferson Coulter, Northwest Justice Project, said there were two specific statutes in Washington that defined what a veteran was: RCW having served in the armed forces or during any period of war (not disputed) or received the armed forces Expeditionary Medal (not disputed); so under this statute alone he qualified. RCW said he believed this is where the advisory board got caught up and it was regarding his discharge and that he had not fulfilled his initial military service obligation so therefore was not a veteran. He said they put forth that was legally wrong and is not supported under Washington and for that ground would ask this Board find that and uphold the law. Mr. Sant said it was his understanding this was an open record review so the Board today had the opportunity to consider what was offered by Mr. Rosalez as well as any information from the advisory board. He said he believed Mr. Powell could provide information as to what was considered by the advisory board. Also, there was a prior exhibit that indicated that once services were denied, if it was determined there was a misappropriation of a voucher in the past, they would not honor further requests for assistance. He said there were two items for the Board s consideration: one was the distinction of what defined a veteran and the other was the letter that went out regarding the misappropriation or return of those funds. Pat Powell was given the oath by the Clerk of the Board. Mr. Powell said at the time he administered the program in the Auditor s office, their policy said a veteran was defined by a and b (both statutes) and they said he fell short of the 4 years (an indication that he not completed his initial military obligation). At that time, he was initially accepted but there were a few individuals who had questionable DD214 s and they were told they could not cut them off directly but had to give them a six month grace period to get the DD214 s corrected. He sent him a letter about the $10.37 that was used for items not allowed, and told him that until the money was returned they could not honor any future vouchers. He never came back and reapplied and so it did not trigger the letter to have him fix his DD214 until he applied just recently. He said he did not have any new information to show it was complete. The Board discussed the criteria for his obligation, why he was not placed on reserve status, and extended service. Linda Robb was given the oath by the Clerk of the Board. She said that if a veteran was not asked to be in the reserves to finish their obligation it would appear they might not qualify. Ms. Robb said that Human Services decided to back the decision of the Advisory Board who followed the rules that were in place telling them to follow RCW (that the commitment to serve had not been fulfilled). She said the voucher for non-payment was later discovered that would disqualify him as well

10 Commissioner Beaver asked if the money that was not appropriately used was ever paid back and the answer was that it was not paid back. Mr. Sant said it was their position this was an advisory board and they provided information. He said the council was free to take all the information, including what was added today, in making a decision. Mr. Coulter said his commanding officer deemed Mr. Rosalez term of service was ended although he could see why the Advisory Board had looked at it but did not feel it was relevant for them to do so. He said they should have looked at the two definitions of a veteran but it appeared they were only looking at one statute. He said they were trying to determine if the appeal should be granted because it was inappropriately applied at the time. He said it was not an advisory board s job to interpret laws but to be advisory to the Board of Commissioners. Again, he asked the Board to look at the statue, determine he was a veteran and provide him with veterans services. Chairman Delvin discussed the statute and the language in addition may include at the discretion of the county legislative authority in consultation with the veterans advisory board or any other person.. He asked if it appeared the statute was giving the County or the Board the authority to expand that definition. Mr. Coulter said he felt the legislature was encouraging the County to look at this and determine it should be more expansive but he felt the Advisory Board was looking at it to make it more restrictive. The public hearing was closed for any further public testimony at 11:19 a.m. Chairman Delvin said the Board would deliberate in private and come back with a determination. The Board came back 11:26 a.m. MOTION: Commissioner Small moved to grant the appellant s appeal as requested. Commissioner Beaver seconded and upon vote, the motion carried unanimously. Chairman Delvin said he would work with legal counsel and prepare a written decision of findings for granting the appeal to be approved on the agenda in two weeks and that Human Services would approve the benefits. He said they had a better understanding of what was expected and would be coming out with a new policy and better understanding of the duties for the advisory group and what was granted under that authority. He said that Ms. Robb learned that her personnel would make the decisions and the advisory board would advise on programs and such matters

11 Other Business The Board discussed the meeting schedule February, including the day after Presidents Day holiday and decided it would keep the regular schedule. Claim for Damages CC : Received on January 26, 2015 from Rocky Hensley CC : Received on January 30, 2015 from Karen Davis Vouchers Check Date: 01/15/2015 Payroll Draw Checks Warrant #: Direct Deposit #: Total all funds: $103, Payroll Draw Deductions Taxes #: Total all funds: $33, Check Date: 01/16/2015 Transfers #: Total all funds: $99, Warrant #: Total all funds: $1,535, Transfers #: Total all funds: $7, Warrant #: Total all funds: $87, Check Date: 01/23/2015 Warrant #: Total all funds: $1, Transfers #: Total all funds: $59, Warrants #: Total all funds: $223,

12 Transfers #: 2307 Total all funds: $1, Warrant #: Total all funds: $371, Total amounts approved by fund can be reviewed in the Benton County Auditor s Office. Resolutions : Line Item Transfer, Fund No , Dept : Lease Agreement w/aps Mailing Systems for Mailing Services : Approval of Benton County Tax Levy for : Amending Resolution Regarding County Budgets : Line Item Transfer, Fund No , Dept. 115 to Dept : Authority for County Administrator to Deny and Settle Claims; Rescinding Res : Purchase Authorization of 2015 Dodge Cargo Van from Lithia Chrysler Jeep Dodge : Line Item Transfer, Fund No , Dept : Contract w/apollo Sheet Metal, Inc. for HVAC Maintenance Services : Contract w/dept of Social & Health Services, Division of Behavioral Health & Recovery : Contract w/city of Kennewick for Crisis Intervention Training : Contract w/domestic Violence Services for Ten-Year Homeless Housing Plan : Purchase Authorization of Solarwinds Orion Monitor & Software from Cerium Networks : Purchase Authorization of Two Yr Software Subscription Renewal w/dlt Solutions : Line Item Transfer, Fund No , Dept : Contract w/city of Kennewick for Graffiti Abatement Program : Contract w/city of Benton City for Graffiti Abatement Program : Amended Contract w/state of WA, Department of Social & Health Services for Selective Aggressive Probation : Awarding Dyron Murphy Architects Contract for Admin Building Assessments : Awarding Western States CAT Contract for Engine & Generator Maintenance & Repair : Line Item Transfer, Fund No , Dept : Amended District Court Public Defense Contract w/b Riley : Amended District Court Public Defense Contract w/e Riley : Amended District Court Public Defense Contract w/b Pang : Amended District Court Public Defense Services Agreement w/m Mendoza : District Court Public Defense Services Agreement w/d McKinley : District Court Public Defense Agreement w/l Mapes : District Court Public Defense Mentoring & Supervision Contract w/m Trombley

13 : Public Defense Investigative Services Contract w/j Porteous : Public Defense Investigative Services Contract w/j Griffin : Public Defense Investigative Services Contract w/m Torres : Public Defense Investigative Services Contract w/m Almquist : Superior Court Public Defense Services Contract w/p McBurney : Amended Superior Court Public Defense Services Contract w/m Alexander : Amended Superior Court Public Defense Services Contract w/s Ajax : Amended Juvenile Public Defense Services Agreement w/m Trombley : Terminating District Court Public Defense Contract w/j Briggs : Contract w/d Stovern for Failure to Pay Legal Financial Obligation Matters : Contract w/s Henwood for Failure to Pay Legal Financial Obligation Matters : Line Item Transfer, Fund No , Department : Line Item Transfer, Fund No , Dept : Payment Authorization to B Strote Counseling & EAP for Training Services : Line Item Transfer, Fund No , Dept : Bid Authorization for Purchase of Surfacing Materials-Hot Mix Asphalt : Digital Submittal Certification of 2015 Road Levy Certification & Estimated Revenue : Purchase from Kuker-Ranken, Inc of Leica Total Station/Survey Equipment : Purchase Authorization from ProForce Law Enforcement for Weapons & Tasers : Contract w/ LexisNexis for Law Library : Agreement w/ City of Kennewick for Use of Kennewick Firearms Range Facility : Ammunition Purchase Authorization from San Diego Police Equipment Company : Superior Court Interpreter Services Agreement w/a Armijo : Grant Agreement with Benton County Emergency Management Equipment/Software : Purchase of Equipment/Software from Snaptrends : Benton County Shoreline Master Program Update : Hiring of Mental Health Court Program Manager : Authorization to Apply for Funding from WA State Parks & Recreation 2015 Marine Patrol Federal Financial Assistance There being no further business before the Board, the meeting adjourned at approximately 11:29 a.m. Clerk of the Board Chairman