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HomeMy WebLinkAboutM081114District No. 1 Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: John Austin County Administrator: Philip Morley Clerk of the Board: Erin Lundgren MINUTES Week of August 11, 2014 Chairman John Austin called the meeting to order at the appointed time in the presence of Commissioner Phil Johnson and Commissioner David Sullivan. PUBLIC COMMENT PERIOD: The following is a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: • 8 citizens commented on the I -502 implementation in Jefferson County; • A citizen stated: 1) Two PUD candidates will be speaking at the Chimacum Grange this Wednesday at 6:30 p.m.; 2) An area that was unsafe for bicyclists, has been made safer; and 3) The Ebola virus is an international disaster; • A citizen noted the Agenda Request for the Climate Action Committee (CAC) did not list a fiscal impact amount; and • A citizen stated climate change is real. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Sullivan moved to delete Item #3 and approve the remaining items on the Consent Agenda. Commissioner Johnson seconded the motion which carried by a unanimous vote. 1. AGREEMENT re: Support of Court Appointed Special Advocates (CASA) Guardian ad Litem (GAL) Programs; In the Amount of $32,966; Jefferson County Juvenile Services; Washington State Administrative Office of the Courts (AOC) 2. AGREEMENT re: Government Relations, Seeking Resources for Upper Hob Road; In the Amount of $50,000 per year; Jefferson County Public Works; Strategies 360, Inc. 3. DELETED: Advisory Board Appointments (4) re: Climate Action Committee (CAC); 1) Jack Pokorny, Student Representative; 2) Kevin Scott, Port Townsend Paper Mill Representative; 3) Samantha Thomas, Non - Motorized Alternate Representative; and 4) Laura Tucker, County Health -Green Business Representative (Approved later in minutes) 4. Payment of Jefferson County Payroll Warrants Dated August 5, 2014 Totaling $821,610.14 and A/P Warrants Done by Payroll Dated August 5, 2014 Totaling $722,958.33 Approval of Minutes: Commissioner Johnson moved to approve the regular meeting minutes of July 7 and 14, 2014 as presented. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Page 1 Commissioners Meeting Minutes of August 11, 2014 X COMMISSIONERS BRIEFING SESSION. • The Commissioners each provided updates on the following items: All 3 Commissioners: - Attended the Jefferson County Fair last week. Chairman Austin - Will be attending a Washington State Board of Health (BOH) meeting this week. Commissioner Johnson - Provided an update on the Hood Canal Coordinating Council (HCCC): They have completed their project priority list. Commissioner Sullivan - Attended a Quilcene Museum Fundraiser last week. The meeting was recessed at 9:35 a.m. and reconvened at 9:59 a.m. with all three Commissioners present. PROCLAMATIONDeclaring the Week ofAugust 11 -15, 2014 as Jefferson County Employee Recognition Week: Chairman Austin read the proclamation. Commissioner Johnson moved to approve the proclamation. Commissioner Sullivan seconded the motion which carried by a unanimous vote. DISCUSSION re: Climate Action Committee: Department of Community Development (DCD) Director Carl Smith, Planning Manager Stacie Hoskins and Assistant Planner Anna Bausher met with the Board to discuss the future of the Climate Action Committee (CAC). County Administrator Philip Morley asked what is the extent of County staffing and resources that contribute to the CAC? Ms. Hoskins replied that originally, the CAC met monthly but currently meets quarterly to reduce impact on staff. CAC is a joint committee which includes staff from the City of Port Townsend and Jefferson County. She noted that City staff participation is higher in terms of use of their planning staff. DCD has significantly scaled back their involvement but still supports the CAC in applying for grants, managing their website, posting minutes of meeting and providing tracking. Ms. Hoskins stated that former County employee Brian Goldstein was a CAC Resource Conservation Manager. His position with the County expired but he still serves on the CAC. Currently, Laura Tucker with the County Health Department and Chairman John Austin serve on the CAC committee. County Administrator Morley asked how much time on a monthly basis, does DCD staff put into CAC responsibilities? Ms. Hoskins replied it is around 4 hours a quarter. She noted that this quarter, that figure will be higher. County Administrator Morley asked how much of committee members' time is allocated toward CAC duties? Ms. Hoskins replied that it adds up to be a lot of time. County Administrator Morley asked specifically of Ms. Tucker's time spent towards CAC? Ms. Hoskins replied that Ms. Tucker's participation in the CAC is not a lot of time and that most of the CAC members are volunteers who spend a lot of time running the program. Page 2 Commissioners Meeting Minutes of August 11, 2014 County Administrator Morley indicated there is concern that the CAC has professional staffing and consulting work similar to that of the Metropolitan Park District (MPD). He added that there are no consultant contracts that he is aware of. Ms. Hoskins elaborated by stating that there are no contracts associated through the County. The CAC has obtained a grant to work on shaping the Comprehensive Plan and adaptation. County Administrator Morley asked if it is outside money coming in? Ms. Hoskins replied that it is and that DCD staff felt they could not take the lead, so they are assisting with tracking it and providing input as appropriate. Ms. Hoskins stated that when the CAC was established in 2007, DCD was a lot more involved. She added that Mr. Goldstein was an instrumental part of the CAC. An inventory of County emissions was conducted and an action plan was created. The first phase of the plan was to lead by example. Mr. Goldstein researched what the County could do to lower emissions and at the same time, lower expenses. The next phase of the plan was education, outreach and partnership to implement the plan to ultimately reduce greenhouse gas emissions. Ms. Hoskins explained the CAC obtained a grant and they are currently working with Clallam County. The S'Klallam Tribe has a plan that is a good model and they would like to pursue something similar. The plan would shape the County's Comprehensive Plan, goals and policies and address long term adaptation. The CAC would like to pursue grants, but it would take a lot of time and energy to get the process started. DCD is unable to put additional effort into the CAC. Ms. Hoskins proposed instead of having a sunset or time limit on the CAC, they would like to keep working and implement the plan previously adopted. She presented a joint resolution between the City of Port Townsend and Jefferson County. She noted that last Monday, the City of Port Townsend approved the resolution. The resolution would extend the timeframe and set term limits for the members; three years and staggered. Chairman Austin noted that Commissioner Johnson worked with the CAC and the Students for Sustainability (SFS) on their goal to travel to Washington D.C. He stated that leading by example helps others get involved. Commissioner Johnson stated that he worked with Ms. Tucker on that particular program and he is very impressed with her work. Commissioner Sullivan moved to approve RESOLUTION NO. 39-14 re: Joint Resolution of the Board of County Commissioners and the Port Townsend City Council extending the term of the Climate Action Committee. Commissioner Johnson seconded the motion which carried by a unanimous vote. County Administrator Morley reminded the Commissioners that earlier in the meeting, the Board pulled Item No. 3 re: Advisory Board Appointments (4) re: Climate Action Committee (CAC); 1) Jack Pokorny, Student Representative; 2) Kevin Scott, Port Townsend Paper Mill Representative; 3) Samantha Thomas, Non - Motorized Alternate Representative; and 4) Laura Tucker, County Health -Green Business Representative. Commissioner Johnson made a motion to approve Consent Agenda Item No. 3 re: Climate Action Committee Advisory Board Appointments. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Chairman Austin noted that the persons who were appointed as members of the CAC are hard workers and valuable to the group. Page 3 Commissioners Meeting Minutes of August 11, 2014 DISCUSSION and UPDATE re I- -502: Department of Community Development (DCD) Director Carl Smith and Planning Manager Stacie Hoskins briefed the Board on information they received regarding marijuana permitting as a result of a meeting held on July 31, 2014 with the Washington State Liquor Control Board (LCB), Washington State Department of Ecology (DOE), Olympic Region Clean Air Agency (ORCAA) and the Governor's Office of Regulatory Innovation and Assistance. Director Smith stated that last fall, the LCB started accepting applications for marijuana operations. At that time, DCD decided to use the County's existing regulations to regulate the I -502 applications. Recently, DCD has learned new things about the process which causes significant concern. He added that staff is working on setting up a public meeting to notify the public of what they learned as a result of that meeting. At the recent meeting that included the LCB, it was learned that the LCB will not be independently notifying other key agencies that will have a significant role in permitting and regulating marijuana. The LCB will only contact the local agency. DCD's concern is that other key agencies are not being notified or made aware of applications and will not know when to step in and provide regulatory oversight. DCD set a goal to coordinate better with all agencies involved regarding the marijuana permitting process. Director Smith noted that DCD has implemented a new policy that notifies other key agencies of new marijuana applications. Over the years, Jefferson County has adopted regulations that are very supportive of agriculture. Currently, anyone can participate in agriculture activities in Jefferson County without a permit. However, there is potential for abuse. Historically, that has not happened. Director Smith stated that with the introduction of marijuana growing, there may be an impact on the County's agriculture policy. Grow -only operations can currently proceed anywhere in our County under our Right to Farm provision without a permit, with the exception for marijuana, a sight obscuring permit is needed for fencing. Director Smith reported that a majority of applicants, 27 out of 36, are applying for producer and processor permits and many are seeking parcels of rural land. 15 of the 27 applicants have found land in rural residential areas. 11 of the applicants have secured locations in rural residential one unit to five acres which is the smallest parcel size under our current Comprehensive Plan. He added that for property that is zoned rural residential, it limits impact to primary use and pertains to single family residences. DCD is not equipped to deal with the challenges of marijuana permitting in properties zoned rural residential. He added that marijuana requires a different kind of land use. DCD has anecdotal evidence that many individuals with applications have access to rural residential property. This is concerning to him and others at DCD because of the potential conflict between the uses. He noted that the County's Comprehensive Plan and Development Code are abundantly clear that the primary use for rural residential land is for single family residential use and other uses should be accessory and compatible. They have models for this such as regulations for Cottage Industry. There arc caps on them to limit the potential impact to the primary use which is enjoyment and investment of a single family residence. Impacts can vary. For a larger scale operation, there could be more employees which would create more noise, more traffic and varying hours of operation. There are serious concerns regarding water withdrawals and wastewater disposal. Page 4 Commissioners Meeting Minutes of August 11, 2014 To date, Jefferson County has chosen to look at marijuana as agricultural, but it is different. There are state licensing requirements for marijuana which include an extensive background check, a 1,000 foot exclusion zone, security measures and law enforcement inspection to name a few. DCD noted marijuana is a very different kind of land use. Director Smith urged the County to take a pause from marijuana permitting to allow time for County staff to discuss options with the Planning Commission and the Board of Commissioners on how to mitigate the potential impacts of this land use. He stated that DCD is recommending that the Board adopt a moratorium on certain types of marijuana applications and he handed out a proposed ordinance. He noted that the proposed ordinance was a collaboration of DCD, County Administrator Philip Morley and the Deputy Prosecuting Attorney with input from other affected departments. The proposed moratorium would extend to rural residential, public lands and rural commercial. It would allow for processing to move forward on land that is zoned forest, agricultural and industrial as those areas are more suitable for marijuana processing or growing activities. He added that commercial zones are for daily retail goods and not for production and processing. County Administrator Morley noted that some of the applications received indicate larger scale grow operations that focus on indoor grow. While marijuana is a form of agriculture, some of the buildings used to grow marijuana could be substantially large, as much as 40,000 square feet. Placing a large building in certain land use areas raises fundamental land use compatibility issues that last fall they were not seeing nor anticipating. The impacts have not been addressed. County Administrator Morley stated that the proposed moratorium would freeze frame the playing field on the zones outlined. It also gives the County six (6) months to further study the impacts and to research if there are other impacts not yet addressed and to draft County regulations if necessary. Under state law, the Board has the ability to extend the moratorium by one six (6) month extension, however, the proposed moratorium outlines a schedule for County staff to handle within a 6 month period. Also under state law, if the Board were to act today and enact the moratorium, a public hearing regarding the moratorium ordinance would be required within 60 days. Any subsequent ordinance action that would be developed would need to go through the Planning Commission in a normal fashion. The intent of the moratorium is not to stop processing, growing or retailing of marijuana by thwarting I -502, but rather to look at accomplishing the goals of I -502 and providing an opportunity to get the appropriate procedures in place. The goal is to make sure that marijuana establishments are appropriately located so they do not negatively impact the land uses and property surrounding them. Commissioner Sullivan suggested that as part of the research process, look into cost recovery and feasibility of joint monitoring with the state. He added that as a result of this process better connections with other agencies would most likely be established. Director Smith reviewed the proposed moratorium with the Board. He stated that I -502 was passed by a majority in our County and in Washington State. The LCB is the agency that has been given the duty to come up with rules and control the production, processing and retailing of marijuana. While they have that duty to perform, local jurisdictions have the right and duty to regulate in their local jurisdictions. Page 5 Commissioners Meeting Minutes of August 11, 2014 In the Jefferson County Code under the Definitions section, there are several definitions which cover agriculture. DCD has determined that marijuana falls under that category. Other jurisdictions have determined that marijuana is not agriculture. To date, Jefferson County has stayed with its original definition. Commissioner Johnson asked how other jurisdictions designated marijuana if they did not designate it as agriculture? Director Smith replied they use either undesignated uses or unspecified uses. Director Smith stated that nothing that is being proposed today is intended to undermine the agricultural community. He noted that to -date, only one application has been received for agricultural zoned land. Most applications are for grower or producer and in rural residential areas. In an effort to be supportive to agriculture, the County has allowed a gap that was not foreseen where there could be unintended consequences due to the scale and intensity of marijuana. He would like more time to balance policies and a moratorium allows time to do this. In Water Resource Inventory Area (WRIA) 17 there is a serious matter of water and where these marijuana licensees are going to obtain their water? Unless it is an exempted well, the applicant needs to get their water right from the DOE. Ms. Hoskins stated that a residential exemption cannot be used for agricultural purposes. A residential exemption can be transferred to industrial, but not to agriculture. Permission is needed from DOE to change the use of a well. Director Smith noted that DCD found out that the DOE is not on top of this and is only notified at the State Environmental Policy Act (SEPA) threshold. Director Smith stated that there could be an issue regarding dust and fumes as a result of marijuana processing. The Olympic Region Clean Air Agency ( ORCAA) originally was not notified of incoming marijuana licenses. DCD is striving to change that. When DCD receives a letter from LCB regarding comment on a new marijuana license application, they notify ORCAA and all other outside agencies that may play a role. The LCB indicated to DCD that they have a backlog of over 600 applications and some of those could be for Jefferson County, and more are coming. DCD also learned that a licensee, no matter where they first filed their application, has the right to transfer their license to a different county. Ms. Hoskins obtained a spreadsheet from the LCB that identifies all the licenses and found out that some licenses are transferring to Jefferson County. They have knowledge that marijuana licensees who applied for their licenses in other counties, are purchasing land in Jefferson County with the intention of then transferring their license to Jefferson County. This was not anticipated by DCD. The moratorium proposes to cease receiving, processing and issuing any permits, land use or other building permits, for marijuana related applications for a period of six (6) months. The moratorium does not cover every zone. Marijuana operations will be allowed to continue in lands zoned agriculture, industrial and forest zones. It would be precluded from residential zones; R -5, R -10 and R -20 and rural commercial. A moratorium will allow time to research if the County wants to control any potential marijuana growing and processing in those zones? Retailing of marijuana is currently considered a legitimate use. Commissioner Sullivan asked if the proposed moratorium would put a halt to other agricultural crops in those designated zones? Director Smith stated that the moratorium is specifically geared towards legalized marijuana applications and not other kinds. Commissioner Sullivan asked if an outdoor growing operation that yields one or two crops a year on less than a quarter acre would be impacted as Page 6 Commissioners Meeting Minutes of August 11, 2014 well with this moratorium? Ms. Hoskins replied that it would preclude issuance of a fence permit if it is on rural residential land or rural commercial zones. Commissioner Sullivan asked if it would be similar to the Cottage Industry where they have all the public process for a small impact? Ms. Hoskins replied as it is drafted, yes. Chairman Austin noted that the moratorium is not a restriction, it is stopping and taking a breath and giving time for these different agencies to get their act together and give the County time to go through more public process. County Administrator Morley indicated that with the help of Alan Bogner of DOE a meeting is planned which includes the head of the LCB, the Director of the Office of Regulatory Innovation and Assistance (ORIA) and Commissioner Sullivan to explore whether there may be opportunities for better coordination between state and local governments on these pending applications. County Administrator Morley suggested a verbiage change to the proposed moratorium, page 5, Section 2. Where it reads "... been deemed "substantially complete" by the Jefferson County Department of Community Development (DCD) nor alters..." the term "the" and "Department of Community Development (DCD)" should be stricken. It should read "... been deemed "substantially complete" by Jefferson County nor alters..." He stated the reason for the proposed verbiage change would be to bring Section 2 in conformance with Section 1 applying to all County permits. Commissioner Sullivan stated that he has concerns over imposing a moratorium, but they have a duty to protect the rural character of Jefferson County and find a balance. The Board took a few minutes to read over the proposed moratorium. Chairman Austin noted that there were two spellings for marijuana — marijuana and marihuana. Ms. Hoskins replied that is how it is written in the statute, so they kept the verbiage in the moratorium the same. The Board asked for a few other clarifications of the proposed moratorium which were answered by County staff. Commissioner Sullivan moved to approve ORDINANCE NO. 07-0811-14 re: Establishing a Moratorium Prohibiting the Production, Processing and Retailing of Recreational Marijuana in Certain Land Use Designations within Unincorporated Jefferson County AND Establishing a Work Plan for the Planning Agency with the agreed upon verbiage change to page 5, Section 2 as discussed. Commissioner Johnson seconded the motion which carried by a unanimous vote. The moratorium went into effect immediately at 11:13 a.m. There will be a hearing on the matter within 60 days, no later than October 11, 2014. DISCUSSION re: 6 -Year Transportation Improvement Plan (TIP): Public Works staff briefed the Board on the 6 -year TIP. Public Works Director /County Engineer Monte Reinders and Transportation Planner Zoe Lamp were present for the meeting. Director Reinders stated that Ms. Lamp transferred from her position at the Department of Community Development (DCD) and now works at Public Works as a Transportation Planner. He noted that she has been a Planner for the last two months and is getting immersed in the program and has been doing a great job. Ms. Lamp gave the TIP presentation to the Board. Page 7 Commissioners Meeting Minutes of August 11, 2014 Ef, Ms. Lamp stated that to -date, there have been three projects completed: 1) Alder Creek Culvert replacement in 2013; 2) Center Road Overlay which was completed in July, 2013; and 3) Dowans Road Design. She noted that the Snow Creek Road culvert replacement starts August 11, 2014. There also has been a lot of activity on the Upper Hoh Road. She noted that as a requirement of the TIP, the County must make plans no less than 6 years in advance and the plan must be approved by the legislative authority. Many grants require that a proposed project be on the TIP list prior to applying for funding. Funding affects project rankings as well. Public Works has worked with local funding and integrated grant funds to accomplish some projects. Commissioner Johnson asked how many fish passage culverts are left to replace? Director Reinders stated there are 2,500 culverts in Jefferson County. In 2000, the Washington State Department of Fish and Wildlife (DFW) did an assessment of the Jefferson County roads system and identified 84 fish passage barriers. He noted there previously was 100 fish passage barriers, but the County fixed a number of them prior to the study. Since the assessment in 2000, the County has managed to fix one culvert a year. The County also has partnered with other groups such as the Pacific Salmon Coalition and to -date, there are approximately 74 culverts left to replace. Ms. Lamp handed out a five page document which included: • Draft 2015 -2020 Six Year TIP by Project Category • Pie charts re: Program Expenditure and Percentages by Revenue Source • 2015 -2020 TIP Secured vs. Planned and Average Annual Road Fund Revenue used on Capital Projects • County Road Fund Projections • Graph of Projections. Ms. Lamp stated that September 15, 2014 is the proposed hearing date for the Six Year TIP. The meeting was recessed at 11:15 a.m. and reconvened at 1:29 p.m. with Chairman Austin and Commissioner Sullivan present. Commissioner Johnson joined the meeting at 1:30 p.m. LETTER to the Washington State Healthcare Authority: Commissioner Johnson moved to send a letter to Dorothy Teeter and Nathan Johnson of the Washington State Healthcare Authority regarding a request to maintain the relationship of Clallam, Jefferson and Kitsap Counties in the provision of mental health and chemical dependency services. Commissioner Sullivan seconded the motion which carried by a unanimous vote. Page 8 Commissioners Meeting Minutes of August 11, 2014 COUNTYADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination: • Chairman Austin will be attending a telephone conference with representatives of the Washington State Association of Counties Timber Counties on August 14, 2014. • There will be a dedication of Tony Angell's sculpture on August 14, 2014. • The Jefferson County Employee Picnic will be held August 14, 2014. • All three Commissioners will be attending the All- County Picnic for Jefferson Port Townsend Response Emergency Planning (JPREP) on August 17, 2014 - (recruiting for Head Honcho booth, shifts). • Chairman Austin will certify the primary election on August 19, 2014. • There will be a Budget Committee meeting on August 20, 2014. • Commissioner Johnson will be attending a Hood Canal Coordinating Council (HCCC) meeting on August 20, 2014. • Chairman Austin will be attending the EcoSystem Coordinating Board meeting on August 2, 2014 and will not be attending the Jefferson County Board of Health meeting. • Commissioner Sullivan and Commissioner Johnson will attend the Jefferson County Board of Health meeting on August 21, 2014. • Chairman Austin and County Administrator Morley will attend a JeffCom Board meeting on August 28, 2014. • Chairman Austin will attend a tribal meeting on August 28, 2014 at 1:00 p.m. • Labor Day is on September 1, 2014. The Board of County Commissioners (BOCC) meeting will be held on September 2, 2014. • Chairman Austin will attend a Hargrove meeting on September 2, 2014 at 3:30 p.m. County Administrator's Briefing Session must conclude by 3:00 p.m. • Commissioner Sullivan will be attending a Jefferson Transit meeting at 1:30 p.m. on September 2, 2014. Chairman Austin and Commissioner Johnson will be attending the County Administrator's Briefing of the BOCC. • Chairman Austin will be leaving the County Administrator's Briefing early on September 8, 2014. • The Port Townsend Paper Corporation will be holding an open house on September 13, 2014. • Commissioner Sullivan will attend a Washington State Association of Counties (WSAC) Legislative Steering Committee (LSC) meeting on September 18, 2014 which conflicts with the Jefferson County Board of Health meeting. • Chairman Austin and Commissioner Johnson will attend the Jefferson County Board of Health meeting on September 18, 2014. • Chairman Austin may leave the JeffCom meeting early on September 25, 2014. • There will be no Board of County Commissioners meeting on September 29, 2014 as it is a 5`h Monday. • Commissioner Johnson will be welcoming the Northwest Straits Commission at the Northwest Maritime Center on October 7, 2014, • The JeffCom meeting was rescheduled from October 23, 2014 to October 30, 2014. • Chairman Austin and County Administrator Morley will be attending a Finance Committee meeting on October 28, 2014. Page 9 Commissioners Meeting Minutes of August 11, 2014 • Chairman Austin and County Administrator Morley will be attending a JeffCorn meeting on October 30, 2014. Miscellaneous Items: • Sheriff possible appointment and process. • Tri- County Letter to State Health Care Authority and Accountable Community of Health (ACH) re: Jefferson/Clallam /Kitsap. • Memorial Field — update next week. Public Infrastructure Fund (PIF) projects; Quilcene and PIF Board. • Marijuana moratorium — during Public Hearing consider whether to keep Tier I and Tier 2 growers within scope of the moratorium. Future Agenda Items: Memorial Field update scheduled for August 18, 2014. NOTICE OFADJOURNMENT.• Commissioner Sullivan moved to adjourn the meeting at 3:35 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Johnson seconded the motion which carried by a unanimous vote. 3. L�,,yTY COMt,��, SEAS: s s. z. V!!w 1 4t �� < 0t4 a" ATTEST: �� �e� Carolyn very Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS Jo Austin, Chair Phil Johnson, m er "��t. Davidu i�efnber Page 10