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HomeMy WebLinkAbout020612_cab01 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR BRIEFING REQUEST TO: Board of County Commissioners FROM: Philip Morley, County Administrator DATE: February 6, 2012 RE: Consider and Potentially Approve Letters on the Voluntary Stewardship Program (VsP) STATEMENT OF ISSUE: The Board is asked to review and potentially approve two letters regarding its recent decision to not opt in to the Voluntary Stewardship Program, but to instead incorporate similar goals through a locally-developed program to protect critical areas and promote the continued viability and growth oflocal agriculture. ANALYSIS: Two draft letters are enclosed for your review, revision, and potential approval. The first letter is addressed to local agricultural, tribal and environmental interests to explain the Commissioners' decision and your intent to locally useVSP-like tools in local regulations and programs to protect critical areas and support agriculture. The second letter is addressed to the state, to suggest potential modifications to ESHB 1886 that would improve the Voluntary Stewardship Program. VSP Letter February 6, 2012 Page 1 L e... "t( <-r "'#: 1- February 6, 2012 Rosie Taylor, Jefferson County Conservation District Roger Short, Jefferson County Farm Bureau Represen Dick Bergeron, Chimacum Grange Representative/~ , Judith Alexander, Citizens for Local Food --: j Bill Miller, Jefferson County Planning commi~Sion -,,;; Paul McCollum, Port Gamble S'Klallam Tribe, ':_)~) '<:>' W. Ron Allen, Jamestown S'Klallam rribe " i .....-. ::.:>~ Randy Lumper, Skokomish Tribe \ ,'>, George Yount, Olympic EnvironmentaIC~lihcif>',-, '- "":>"':Y;? Monica Fletcher, North Olympic Group of Sierra €iuj)~, , /<.(~~:?;> .,::\ "~' ./.. ~,' Laura Lewis, Jefferso~/cGu~ WS~ Extension-, , . '*, ; ", Ron Shultz, State ConserVation Com\TIission '" _- ,. /' ~::~&i';'~\:, \li(jj;:j') , <\:i~+>:. <z]p' Subject: ,~_ESI:!B 1886.... Voludta,:y--Stewardshl~program and Jefferson County Dear Col':gue~: ~Jf? ", ;;C~"-/// ' ',; ~:j'\,< -~;;;;,! ":%;;;i;$;$;." ",)+,~~ We are w~~~to voice our~)ng re~~)to actively support the future viability and continued growth of I~cat~iculture aridjil\$o to prOtect environmentally sensitive areas designated as ":",i/'._ \';":';".::.\ critical areas. Tl11~fietter has b~en\prepared after due consideration of Engrossed Substitute -;:.. ..:.... :,', ': ':.:.:"'::~ House Bill 1886 (ESH~;}l!86) alsgtl!ferred to as the Voluntary Stewardship Program (VSP). ~xi<:,>_,<;> ';Y "<' After conferring with key~grlitUlture, environment and tribal stakeholders, considering public input, reviewing the language of ESHB 1886, and evaluating the pros and cons of the VSP, the Board of County Commissioners made the difficult decision not to opt in to the VSP. We gave serious consideration to opting in, but ultimately concluded that the program had too many unknowns (such as whether state and federal funding would be available, what bar the state would set for developing and approving local work programs and how much surveying and on- going monitoring would be required In Jefferson County, to name just a few), and carried too VSP Letter February 6, 2012 Page 2 many potential risks - some flnanclal- for land owners, the county, and Implementing agencies like the Conservation District. With a one-time January 22 deadline to opt-in, we reluctantly concluded that in good conscience, we could not expose our private and public partners or the County to so many unknowns and so much risk. We also felt that too much local control would have been lost to a new and untested role for the State Conservation Commission, plus to a new "statewide advisory committee" and "technical panel" created under ESHB 1886. We see great value In the goals of the Voluntary StewardshipPrqgram, Including, /f' / . Promote plans to protect and enhance critical a~eas wi~hin the area where agricultural activities are conducted, while maintaining and'iJ'!1)lroving!he long-term viability of agriculture in Jefferson County and reducingthe/converslorl()f farmland to other uses; . Focus and maximize voluntary incentive"prqgfams to encourage. good riparian and / ....-' '. ecosystem stewardship;, .... .:: '. . Leverage existing resources by relying ulle:n~xlstlng VoIork and ph:i~inJefferson County and local watersheds, as wel~s existing stateandfed.eral programstq the maximum extent practicable to achiev,"" ram goals;' ". . ",\>/ C;/ '.--.:/7 _ --if . Encourage and foster a spirit, >~~per~tion and"p..i'j:J;lership among county, tribal, ,":',-:-.:',-,\ '...... -, "':'-':.:,"::','-". environmental, and agriculturalirttei'e~~~tbetter assure the program success; . Improve compliart.s:~~!th other la~ de~ign~~to protett:~ter quality and flsh habitat; and __4'k~n-:;:-\t'::j:-~*;~:Fr':L_ "'~Rr:\.. //I/_,:J" _ ::'-:-. ~_: .. ,<:;Ui; . Use best ma6ageth~ntp;..~ces andtii'm/plcms, coupjed,with watershed-wide , -' '<;Y:) <,,":-,','.,_--- '('./ restoration effo,rfs.to prot~\fritical are~s~nd sustain agricultural activities. '::':U:,^;? /J:::y_\~~, .. ,.__":;;C<>: Our intent)rto""lltil~e mariv\()~\the same'1:()q)s anclapproaches envisioned for the Voluntary C-," .''.. >::>>--} ,'_ "'Z:\.. _,/ -~:::_>>_ " ':-_': Steward(hip1Trogtaft1;'!5U1; to apPIYthoseloeal1Y;'lIrider local control, in partnership with local (/7 '/, .,o. . stakehO!dt:!l'S through coderevlsidn~,\~nd programs consistent with the County's Comprehensive ,,'- "0-> <,>> Plan and the "state Growth~ili!gement'Act requirements for protections of critical areas. '<.'';", '\",\,5 Jefferson County.has a record af sl,lpportlng agriculture while protecting critical areas (e.g., Jefferson County rec!:!i\,~d the iOp,~ Governor's Smart Communities Award for Outstanding ~'. '. :~'. /': :)./ Achievement for SuPPotk!ng;~gritulture while Protecting Fish and Wildlife Habitat), and we fully "CC:";':/;:',:,<>:", intend to continue to do socl!'lca way that works for our entire community locallv. Farming is essential within Jefferson County and the Importance of local agriculture to Jefferson County is evident In the presence of vibrant iocal famer's markets and small, community stores focusing on local agricultural products; the presence of local organizations to promote farming and assist farmers (such as the LandWorks Collaborative); and the interest and desire from the Planning Commission members to address food sustainability at the local level. Further, an Economic Planning document prepared in 2010 for Jefferson County, the City of Port Townsend, and the Port of Port Townsend states that (1) while 12 of the 18 employment VSP Letter February 6, 2012 Page 3 sections declinl!d from 2008 to 2009, job gains occurred In the agricultural sector during this timl!frame by 13.8 percl!nt and (2) valul!-addl!d agrlculturl! and food processing are an l!merglng econ(lmic drlvl!r in Jeffl!rSCln County. Should the State resolvethe unknowns and risks oftheVSP and adequately fund its Implementation, and If the Legislature amends EHSB 1886 to allow a later opt-In decision, we would be opl!n to reconsidering JefferSCln County's participation in the Voluntary Stewardship Program at that time. Slncerl!ly, sely to glean any successful Ing agricultural uses. We rporate the best of VSP-lIke on and enhancement of ty agriculture. In the meantime, JefferSCln County will follow the VSP pr approaches to protecting critical areas and habitat wh hope we can count on your cooperation In work! approaches Into our local ordinances and prog our watersheds, while promoting the contin Jefferson County Board of County John Austin, Board VSP Letter February 6, 2012 Page 1 L.<t'- tt -<r ~ .:l- February 6, 2012 Governor Chris Gregoire Office of the Governor 416 Sid Snyder Avenue SW, Suite 200 P.O. Box 40002 Olympia, Washington 98504-0002 // / / Subject: ,'C,' /"> /, ",-,,;)>::- /> ';jlF....:>/ "~8.~.,~. ESHB 1886 - Voluntary Stewardshlppfogram, JefferSon County Decision to Opt Out '<t-y:),:" ",/ (;)Y:i: ~yY '<<.(,'1"-:12:>., 'C':_:i(:);:\ -";;"}:'>7 ~i ,;;_::j?,~ Dear Governor Gregoire: >:':"",_ /."., <:',0;:'-, This letter has been prepared by the Jefferson countY8!?~rgof.l=6unty Commissioners (BoCC) after due consideration of Engrossed SUbstitute~~D~1II1886 (ESH~1l38fiXwhlch provided local jurisdictions with an alternative m~ans of protectln~!t~~~I'arE!as while maintaining the viability of agriculture. For Jefferson County to participate In ESHB l11Sll',cilso.referred to a~t!leVoluntary Stewardship Program "\';, -'-" "",. ";:,> (VSP), local legislative actionD~~needed bYJ~,~arY22,iO~. After't:~~'frrlng with key agriculture, environment and tribal st(~T>~~rs,consideri~i~ubIi7(np%reVleWiiigJ;he language of ESHB 1886, and evaluating the pro(a!idcons oftfi~ VSP, thEhBlx;l;made thediffk:lllt decision not to opt In to the ',-', "-,.,:>:. ",:-,:,:",. " VSP. While Jefferson Countysupporq, protection of critical areas and encourages agricultural sustainability (~.~., Jefferson COl,l~~,~f~~~tthe 2006G~vernor's Smart Communities Award for ~~:~Z~~~:;~~~;:~~t~:~C:k;:h~~:::;:~=::~s:::~I:~:h~:::;:)' the \' '. _</ -"0:ff-_<&0_~ ,ub0,';'" describedfle,low. '~WD\. "iiWo' >}/:-. {>-;. .(;:t,.;>;, ..,,/;.\.....'\..,.. -~;>;.:.. ;:/;:' '. ..... -, Fund/no. The~~lble financia(~mlfication59fthe opt in/opt out decision were seriously considered, espedally in Iighfqt'~~~ent econ6rni~ conditions. A primary concern was whether the amount of funding that would be:n1i!~e availablE! would be adequate to develop and Implement a work plan. """,' ........... ...../ Jefferson County was a~rE'9f~~E!l!.mount of federal funding that the state hoped to obtain from federal agencies through the firSt"veral years of the program, but there were no assurances prior to -~/ the January 22, 2012 enrollment deadline that these amounts would actually be avaIlable. Since language in Section 10 of the bill indicates that the State Conservation Commission determines whether the amount of funding is adequate, Jefferson County would have had to opt into a program without the legal authority to opt out If it the County believed that the costs of the program would likely exceed the amount of funding. Providing language In the bill that either (1) allowed Jefferson County to be involved in determining If the amount of funding was adequate or (2) allowed the County to opt out if inadequate funding were offered, would have assisted in the opt in/opt out decision. VSP Letter February 6, 2012 Page 2 Work Plan Level of Effort/ADDroval b~ State Technical Panel. This Is closely related to funding issues described above. By opting into the VSP, the County would have been required to develop and Implement a work plan to be approved by a state Technical Panel. By the opt in deadline, no guidance from the state was available to Indicate the level of effort needed to meet Technical Panel requirements, making it difficult to determine how much work (and funding) would be needed to adequately prepare and Implement an approvable work plan. Level of effort information needed to comply with Section 7 of ESHB 1886 would have assisted in the opt In/opt out decision. /.......:.." Potential ImDact on ather Fundina Sources. There was uncertain!Y911\f~fferson County as to how the VSP would be implemented relative to other programs, such rvation Reserve Enhancement Program (CREP). Another uncertainty was whether previo!!, . ,ented programs such as fencing t_....,....::.:.::..... ,...(:.::.:....:.:-, installed under CREP would meet Technical Panel approval;;Since there'ls currently inadequate state / "- ~\:::.:.'.:.:"..:':'.':" funding for enrolling additional landowners into the.CRE~program, the'l"lllt)lficatlons of the VSP on /.. .. '''':>>:. these other funding sources was not clear. Providll1glrtformation in ESHB l~'C!bout how this program -':-". '''.<<'' would interact with existing agricultural programs \lipuld have been beneficia!.; ,..', :.- .".... - /.....:.~:,. '-, .<i<:::::<':,-:::('-:C Enforcement. Environmental and Trlbatinterests expressedl>>ilCl:!~ about enforce ~~t. Section 6(3) l'..\'::t..,-'_ .:::,:,,' - "'- of the legislation mentions enforcementrll!iiil9.E!.s not specifY a process for identifYing and/or V:\ ~::::-:<::> -~ < addressing complaints. Additional inforn\atiQn'ciilrlfying how ertf{)reement would be implemented and ..-.......'. ,............. - ...:...... placing greater emphasis on ramifications fbthon-cllmpilance in tlle;bllLmay have proVided assurances .,.,~~-- \;:;,\-, "'~' ,,-,'::} to some that the prograIJlWQuld'beeffective'a.n#,couldbe beil~cial t(ht~ natural environment. (0h:::>~:Y;j~~.<_: :,',-'\\_. \,i--;'\,_: //.. __):;<:Gll'<')>-:~.., =' VSP relative to other heau1atorv Reciui~ements. TheVSf>l~ slJentonprocesses that Involve other state ",' '"." ',:;:) \, ,,;' review, such as that required under *e~horeline Master Program (it should be noted that critical areas often occur)W1Ulhl~OJeline jUri~~t}}?~~jt Is not .clear from the bill If all new agricultural deVeIOP~%WOUld~idlo~edt~~~the VSPpiotesJ; orjfthere would be cases when new agricultural develdp.~t would be-subj~l:tto ~,tii)tg critical areas regulations. The bill appears to prOVide a '-:;;f;: ":, ""-'" <"<'+~ quicker i~,~~ler way to ad~r~ crit~f~as; however, many of those interested in using the VSP would likely ll.~;~ subjected to, ~~~er GMAc,i'l!gulations and federal requirements. Providing clarity on the role ofVSP 'i'eI~tlveto other r~~~~tory requirements would have been helpful. ~"" . Y<+>:", " ,', ::,,>:,,'1 Uncertainty for Critical Areas Ord(tli:1lice Ufidate to Address Aariculture. Jefferson County updated the . .-":>,':","'",'.J critical areas ordinance in2l)l)4,apd would therefore not have to update the critical areas ordinance within 24 months if we optedotrt (as per ESHB 1886, Section 4(6)(b)). However, Jefferson County subsequently updated our critical areas ordinance In 2008 (but did not include agriculture due to the moratorium), which Is outside the timeframe specified in Section 4(6)(b). Additional clarification in the bill would have been helpful to determine what Jefferson County would need to do if opting out, and is of particular interest now that we have made that choice. State averslaht with local resDonsibllltv. The VSP promotes a new regulatory structure that lies outside of the existing authority. If the VSP program were unsuccessful, the responsibility to protect critical VSP Letter February 6, 2012 Page 3 areas for agriculture would revert to the traditional county regulatory structure. Concern for county obligation without oversight exists. Desire for a more fullv develooed oroaram. Farming Is essential within Jefferson County and the importance of local agriculture to Jefferson County is evident In the presence of vibrant local famer's markets and small, community stores focusing on local agricultural products; the presence of local organizations to promote farming and assist farmers (such as the landWorks Collaborative); and the interest and desire from the Planning Commission members to address food sustalnability at the local level. Further, an Economic Planning document prepared in 2010 forJefferson County, the City of Port Townsend, and the Port of Port Townsend states that (1) while 12j6ft6e 18 employment sections declined from 200S to 2009, job gains occurred in the agrlCUIW~I~~or during this timeframe by 13.8 percent and (2) value-added agriculture and food processil)lfa~.anel.llerglng economic driver In Jefferson County. Jefferson County will follow the VSP~.dgram c1oseIyt~p glean any successful approaches to encouraging agricultural uses while prp;~n!l critical ar . nd habitat. 0<~: vy ....- , As noted above, the Jefferson County BoCC supp "e intent of the VSP. ESHB 1886 can be clarified, and that there may the again. that language in to such a program Sincerely, David Sullivan, Board of CounWCommissioners cc: Senator James Hargrove, 24th District Legislator Representative Kevin Van De Wege, 24th District Legislator Representative Tharlnger, 24th District legislator Dan Wood, Washington State Farm Bureau Eric Johnson, Washington State AssocIation of Counties -'"'''''' VSP Letter Febrolt'Y j$. 2If.L2 . P~4 .. . '~. ' '-';^-" Rotr"~ Cotisetvatton CommIsSiOn' . .. . . 8*.t~..Jefferson CoUlltv CoI'l$eMtiOn.klt .RoptSl~I\cJtfl'erson County Farm~8U'n.iffs~u~ Didl.~".c:tlimIIcumGraepc~~j~" -'I ;i",J' '-.: i, .,",';' ';i;~ ;';