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HomeMy WebLinkAbout050415_cbs01ON cGtr L �rkING 0 District No. 1 Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: Kathleen Kier County Administrator: Philip Morley Clerk of the Board: Erin Lundgren DRAFT C SPECIAL MEETING MINUTES January 26, 2015 Chairman David Sullivan called the meeting to order at 6:05 p.m. time in the presence of Commissioner Phil Johnson and Commissioner Kathleen Kler. HEARING re: Two Alternatives for Extending ORDINANCE NO. 07- 0811 -14: The Commissioners held a public hearing for two alternatives for extending Ordinance No. 07- 0811 -14 regarding a moratorium prohibiting the production, processing and retailing of recreational marijuana in certain land use designations within unincorporated Jefferson County. Chairman Sullivan explained that in order to allow the Board of County Commissioners (BOCC) time to consider all verbal and written public testimony, deliberation on the two alternatives for extending the Moratorium for Recreational Marijuana will take place Monday, February 2, 2015 at 10:00 a.m. at the next meeting of the Board of County Commissioners. Department of Community Development (DCD) Director Carl Smith explained there are two options to extend the moratorium, or the Board could choose to do nothing and let the current moratorium expire. The Moratorium, originally approved on August 11, 2014, is set to expire on February 11, 2015. He noted that the Planning Commission is the body that has the ability to comment and make recommendations on any changes to the County's development code. With the moratorium expiration looming, he sees a need to extend the moratorium to allow time for the Planning Commission to make a recommendation to the Board. Director Smith stated that at the time the Board approved the public hearing notice for this hearing on January 12, 2015, there was a slightly different wording in the duration clause. Between the approval time and the time it was posted, staff working with legal council, clarified the duration. He explained that there was no change in substance, but because it is a change, he read into the record the new language in the duration clause, Section 3. The current moratorium duration clause states "The moratorium adopted by this ordinance is effective immediately upon adoption and shall remain in effect for four months from the date of adoption, unless subsequently extended by the Board pursuant to state law. " As it was posted and as it is for review tonight, the Section 3 duration clause states "The moratorium adopted by this ordinance shall become effective upon expiration of the moratorium enacted in Ordinance 07- 0811 -14 and shall be effective for four months, measured from the expiration date for the moratorium enacted ordinance 07- 0811 -14. It is intended that there shall be no lapse in the moratoria; ie: No period of time with neither 07- 0811 -14, nor this ordinance is in effect." He stated this is clarifying that in the event the Board should extend the moratorium, it shall take effect upon expiration of the current moratorium. Director Smith stated that Alternative 1 version for extending the moratorium would extend the moratorium in its current form. In its present form, it would not apply to certain zones where marijuana Page 1 Commissioners Special Meeting Minutes of January 26, 2015 ' CRAFT k license activities can continue; those include agriculture, commercial forest and industrial zones. In the Alternative 2 version, those same areas are also included, but there is one additional provision which would allow marijuana licensing activities and permitting activities to occur in parcels that are five or more acres in size and zoned either Residential 1:10 or 1:20. In effect, those kinds of parcels would be available for marijuana permitting activity. Those are the two different versions of the ordinance. Chairman Sullivan opened the hearing for public testimony. Jean Ball, Chimacum: She read from a statement she submitted. (See hearing record) Peter Davis, Port Townsend: He read from a statement he submitted. (See hearing record) Dr. James McCrae: He stated he is a land owner in District 3 and welcomed Commissioner Kler and thanked her for her representation. He has been researching drugs his entire adult life and has studied the psychophysiological underpinnings of opiate tolerants and physical dependence for his doctoral degree. He attended the University of Pennsylvania where he studied in the height of the crack addiction, human drug addiction. Until recently, his wife was a professor at the University of Washington and has been heavily involved in the drug courts locally. After academics, Dr. McCrae entered the pharmaceutical industry and helped them convince doctors and the public that their drugs were good. In turn, the more pharmaceuticals that were sold, the richer the drug manufacturers became. He added that he was very good at his job and it is a very lucrative career. He is not overly proud of some of the aspects of that job. He is a Tier 1 producer /processor applicant and wishes to do the equivalent of a microbrew in his garage in Jefferson County. 1,400 square feet is the maximum he can grow. He stated he has a vegetable garden that is bigger than that. He also has a vineyard in this County that is extraordinarily bigger than that. His vineyard produces alcohol. At some point, he may have the inclination to sell it commercially. Dr. McCrae urged the Board to meet, discuss and ask questions to learn more about marijuana. He has offered his advice, but has not been taken up on it yet. He referenced a moratorium version "Declarative No. 22" and urged the Board to look for a fair balance. It is not just people saying it will kill our children and they're going to cry. There is a bunch of citizens telling the Board facts. Facts about marijuana businesses. "Declarative No. 23" stating marijuana businesses need eight foot fences and special lighting. It is not standard agriculture. We need special licensing from the Liquor Control Board (LCB) so of course it's not standard agriculture use. He urged the Board to question the declaratives and this out of control entity also known as the Director of the Department of Community Development. The LCB has given him 60 days notice after which, if he fails to obtain an appropriate property, his license application will lapse. An extension of the moratorium will affect him greatly. The present net value of his business is approximately $1.69 million dollars. If the County takes that away from him by dithering for another bit of time, he will try and recoup the loss from the County. Forget the cost. He has a graphic that could be used to show that marijuana could be agriculture. Steve Ramsey, Port Ludlow: He stated that he has become a regular at the Board of County Commissioners (BOCC) meetings. He previously provided written comments to the Commissioners via email. Mr. Ramsey stated he is here today to speak on the moratorium itself and not just the regulations. He believes the moratorium should be extended in all zones without exceptions or exclusions. The County was prudent to put the moratorium in place. It may not have made everyone happy, but it was prudent to do so. It did so for a variety of reasons. The volume of applications, potential impact on residential areas caught the County by surprise. There is a July 22, 2014 internal memo from the Department of Community Development (DCD) which he obtained in response to a public records Page 2 Commissioners Special Meeting Minutes of January 26, 2015 request. The memo urged the Commissioners to limit marijuana processing and production to only industrial and commercial areas, without putting it in residential areas. He stated it would be nice to know what happened to that. It would have all been so simple, for the growers, producers and the residents who oppose it in their neighborhoods and rural areas if marijuana processing and production was limited to industrial and commercial areas. He encouraged the Commissioners to look at the July 22, 2014 memo as they think about where marijuana is to be sited. This is the time to get it right. This is a one -time opportunity, the genie doesn't get back in the bottle. The Planning Commission has just begun its work on this issue. They should be given an opportunity to finish, and it shouldn't be preempted by exempting parcels which would allow more than half the pending applications to be granted and allowed to proceed. He believes the moratorium should extend to areas which may be vested because if those applications should ultimately be denied, or withdrawn, the County should not just have a bunch of ghost zones that are unregulated. If a parcel is vested, it is going to proceed if it gets a license? That is well and good, but if that application is withdrawn or denied, that should be included in the moratorium and in the regulations as well. Agriculture is an unnecessary complication. He stated that we could have avoided much of this if we had not tried to see this through the lens of agriculture. At this point, in Washington State, it is hard to believe that anybody but Jefferson County, believes that this is agriculture. State law says it is not, Federal Government says it is not, and Jefferson County Code states that agriculture has to be done in compliance with federal and state laws. You can't be doing it in compliance with federal law. The fact that the Justice Department has granted prosecutorial discretion, does not put the County in compliance with federal law. You can't be doing agriculture, it's not entitled under the Right to Farm, and we need to take a hard look at that. The Planning Commission should do that. He appreciates the opportunity to speak. Mark Clark, Jefferson County: He stated that he is a landowner in Jefferson County, District 2. His next door neighbors are developing a growing and processing facility and he supports them. He does not believe it will be a negative factor for his community and he is not concerned about the implications. He added that his neighbors are extremely competent. Mr. Clark has heard someone state that everyone in the audience is there to speak out against marijuana, and that is not true. There is part of the community that supports marijuana. Thank you. Tami Mendoca, Port Townsend: She stated that she is a processing and producer applicant in Jefferson County. She believes that fear and misconception is the guiding force behind the opposition to rural residential legal cannabis businesses. Fear that is based on the unknown and misconceptions on past illegal marijuana operations that have no government regulation or oversight. Fear is common, anytime there is a change from what is familiar, but to allow fear to influence your decision making is wrong. She urged the Commissioners to make decisions based on facts, not fear. If fear is allowed to control decisions, then the Olympic Discovery Trail may never have become a reality. There is much resistance to the trail based on fear. The fear of increased robberies, trespassers and kidnapping of small children. The decision was made to build the trail despite these fears. Surprisingly, those cries that were so feared, were never realized. While living in Clallam County for over 10 years, she communed on that trail daily. She left her house in the dark hours of the morning, and came home during the dark hours of night. She stated she never witnessed any criminal activity, nor did she commit any crimes along that trail. She was a typical trail user. The highlight of her day was commuting along that trail. She is thankful that the fear of others did not prevent the wonderful trail from becoming a reality. Many people are afraid of rural residential growing of marijuana, not just because it is new and unfamiliar and therefore something to fear, but because they have heard of the negative affects of growing it illegally. This is a very real reason why cannabis has been legalized and regulated; to stop irresponsible and illegal growing Page 3 Commissioners Special Meeting Minutes of January 26, 2015 practices. She urged the Commissioners to base their decisions on facts'not fear and mmisconceptions. Thank you. Colum Tinley, Port Townsend: He read from a statement he submitted. (See hearing record) Dr. Nancy Rody, Port Townsend: She stated she is a retired doctor of public health. She lives on Louisa Street in Maplewood Meadows. She asked that the moratorium be extended. Dr. Rody supports the legalization of marijuana and substances from a public health point of view, however, she believes more time is needed to explore the effect of what is under consideration. On the edge of her residential neighborhood, with no notice, neighbors learned by accident that one marijuana business is under construction. The business is less than 1,000 feet from residences. It is in a light industrial area and it meets the requirements. The proposed building is a 44,000 square foot multi- building facility on two acres of land. The information was obtained from a permit application and the Port Townsend Leader, which is a really good fact - taker. She has heard that the business intends to start with 14 employees. This would be on Fredericks Street and Louisa Street, which is a narrow road with no sidewalks. It is the only access to our neighborhood. The neighborhood has many young children and they have to walk down that road to and from the school bus stop, which will be less than 600 feet from the new facility. She has also heard that one to two other marijuana facilities are planned, and those facilities are to be closer to residential lines in their neighborhood. The permitting regulations say that they can be within 25 feet of a residential lot line, with a 25 foot offset, high fence and bright lights. As she is a senior citizen living alone, crime is a big concern for her. Marijuana facilities will have to handle their own cash without the use of banks, because banks are federally regulated and since cannabis is illegal under federal law, they cannot handle cash from these businesses. She is also concerned about odor and stated that it may smell like flowers, but it also smells like pot. It is a very recognizable odor. She had friends in Seattle who discussed the odor with her. Her main concern is the traffic issue because of the children in their neighborhood. Thank you. Jocelyn Davis, Port Townsend: She read from a statement she submitted. (See hearing record) Eric Bel ag a Olympia: He read from a statement he submitted. (See hearing record) Annette Gardner, Jefferson County: She stated she is a resident of Jefferson County and urged the Commissioners to extend the moratorium as it stands and also to work on regulations on not allowing marijuana I -502 businesses in residential zones. She understands that I -502 passed in Washington State. The will of the voters was to legalize marijuana. The will of the voters was to expect local government to regulate it and place it in appropriate areas. No one can say the will of the voters was to allow it in residentially zoned areas. At the World Economic Forum in Switzerland last week, Colorado Governor John Hickenlooper stated that legalizing pot was a "bad idea" and other states should "wait a couple of years to see what all the unintended consequences" will be from legalizing. Obviously, we can't change the fact that Washington State voters passed this initiative. What we can do is take a smart approach to regulation while we wait to see what those unintended consequences look like. She read from a bill introduced into legislature last week regarding this topic: "The legislature finds that licensing of marijuana producer and processor businesses within an area zoned for residential use or rural use with a minimum lot size of five acres creates a public nuisance, lowers property values and increases the risk of criminal activity. The impacts of these businesses greatly affect the economic value of the neighboring properties through many factors; odors, noise levels, traffic, spraying of fertilizers, etc. In addition, the legislature finds that locating and relocating these businesses in other areas more suitable for producing Page 4 Commissioners Special Meeting Minutes of January 26, 2015 marijuana and processing marijuana pose a smaller cost on society t, _ , o a11Qwlti'businesses to diminish the public health, safety and welfare of the neighboring residential and rural properties." This bill would require the state to deny licenses to I -502 operations in residential areas. She stated there is enough concern being raised about these unintended consequences for those in the senate to take notice and begin taking steps necessary to rectify this issue and concern at a state level. All the more reason not to allow it on 5, 10 or even 20 acre parcels which line residentially -owned areas. Make it simple and clear, do not approach this with a light touch because you can never turn back. She urged the Commissioners to regulate wisely and safely, as this is a big issue. She urged the Commissioners to extend the moratorium as it stands now and then work on regulations that would not allow I -502 operations in residential areas, regardless of the size of the parcel or size and scope of the business. Thank you. Felecia Allen, Chimacum: She urged the Commissioners to extend the moratorium as it is, across the board for all applicants, and give the County the extra time, balance and boundaries we need. She reminded the Board that she has spoke about this issue many times. Ms. Allen stated she filed a police report with the Sheriff's department on a gentleman who had rocks in his hands, ready to throw them at her livestock guardian dogs. Her dogs were contained in the proper fence, but the individual didn't know that, they only knew the dogs were there. She has no trespassing signs posted. This has not stopped other people from trespassing on her property. Her young daughter had to chase them off. Her family's safety is her biggest concern. She is also concerned that since she lives in the WRIA 17 watershed area, there were laws passed that no new wells or farms could be added to that area. Existing farms were allowed if they had been there within a certain timeframe, but there was a cap put on new farming in the area. Last week, County Administrator Philip Morley made a comment based on a previous comment she made. Her comment stated she wished something could be done and that neighbors could decide. She is a landowner and she wants to have her land rights as well as everyone else. In response, County Administrator Morley stated that "We need to follow rules and everyone needs to follow the same rules. We have rules for everybody. We can't let individual landowners make the decisions about how other landowners are." Ms. Allen asked the Commissioners to consider all the applications that are in the WRIA 17 water district. Everyone in that area has wells. If the wells get contaminated, they will no longer have a value in their homes, and they will either have to buy water or move from the land they have. No one will loan against property that does not have water, or that has water which is contaminated. She urged the Board to consider the WRIA 17 areas and neighborhood areas. Thank you. Sam Feinson, Jefferson County: He stated he is an attorney in Port Townsend. He works with a few people in Jefferson County who are working to get their marijuana business licenses, medical marijuana and for those who one day hope to get a permit. He stated he is not here for them, but more on his behalf as someone who moved to Jefferson County about a year ago and has family in the area. Mr. Feinson has friends who are a part of generations of family in the area. One of his friends has heard that the County is recruiting. He urged the Board to let the moratorium expire. If the Board and the Planning Commission absolutely need more time, go with the option that allows for smaller processors on rural residential 1:10 and larger. There has been a lot of statements made about Tier 3 producers, the impact they have and the size of their operations. Tier 2 is not that much bigger than Tier 1, those may qualify for Cottage Industry. Right now, there are about 15 -20 processor applications and that will most likely increase when the permit process opens up again. For people who are extracting THC from marijuana and creating all kinds of non - smokable, edible goods, this can be done in basically the size of a home brewing operation. This is an industry that not only can bring a lot of wealth and investment to the area, but it also speaks to and caters to skill sets that are here such as small agriculture, botany, Page 5 Commissioners Special Meeting Minutes of January 26, 2015 entrepreneurship, construction industry, consulting and small busineS I4menThat we'fiave in County. This is a great way to keep and create jobs in this County. He stated he wants the Commissioners to understand the importance of Cottage Industry and the possibilities for small production and the lower impact businesses that don't have as much of an environmental intrusion to residential areas. They represent more of a lower scale, more equitable and utilitarian business model that is represented in this County and will be much more prevalent when permitting opens up. Carley Anderson, Jefferson County: She stated she was born and raised in Port Townsend and has lived on Louisa Street in Maplewood Meadows since 2006 with her husband and two daughters. She is in favor of extending the moratorium to allow developers to be more deliberate in the placement of marijuana operations. Ms. Anderson stated that she disagrees with a recent comment Chairman Sullivan made to a local paper which stated a marijuana business next door is similar to that of a homeowner losing their view. She does not believe that is an honest comparison. If these marijuana developments enter their neighborhoods, property rights will change. Adding these types of plants to an already established neighborhood would necessitate the owners to disclose this information when selling their home. It would prohibit any residents, herself included, from taking care of or starting a daycare in their homes or establishing a neighborhood park. Residents in her neighborhood have discussed the idea of a park several times in the past. These restrictions are similar to that of a sex offender moving into a neighborhood. It can hardly be compared to losing a view. She finds it misleading that those in favor of ending the moratorium are claiming they will lose so much money. In fact, there currently is a major glut in the marijuana market in Washington, so that argument does not stand. She urged the Commissioners to maintain the moratorium and take time to make decisions and regulations in the best, long -term interest of the residents of Jefferson County. She and her neighbors have significant investments at stake, as well as significant concerns for their children. She urged the Commissioners not to cave in to pressure. Thank you. Karen Page, Chimacum: She thanked the Board for the original moratorium and encouraged the Commissioners to extend the moratorium. This process is basically just getting going and there are so many issues involved in figuring out what is best for this County and the citizens of this County, all of us. At this point, public participation is still needed and opportunities to present sides. She has heard arguments tonight and believes there are equal sides to every story. At this point, we are still flushing out what makes sense for all of us. She stated that she feels that the moratorium should be extended to include all parcels, no exceptions. When she got involved in this issue months ago, the very thing that was most important to her was to have this actually happen. Getting the Planning Commission and citizens involved and to be heard and listened to has been her goal since she started discussing this issue. She appreciates the fact that the hearing on this issue is taking place in the evening and encourages this process to continue. If the County declares the moratorium is over, that is not an action that can be undone. She urged the Board to continue the moratorium. Thank you. Mike Dam, Jefferson County: He stated he has lived in Jefferson County for around five years and is a small business owner. As a business owner he can appreciate wanting to get things right. He is pro - business and he can understand the plight of the individuals who want to get their businesses off the ground as quickly as possible, but he believes this needs to be done right the first time. Mr. Dam is in favor of extending the moratorium so that this process can be done correctly and business people can get what they want without affecting the residents of this County in a negative way. He stated he owns property in Maplewood Meadows where there are lots of young families. The Washington State Liquor Control Board (LCB) has certain rules in place that try and limit these types of businesses in certain Page 6 Commissioners Special Meeting Minutes of January 26, 2015 areas around schools, libraries and parks or other places where childi ongregate'. `Ob'viAsly when there are 17 children in Maplewood Meadows, they congregate there more than any of the other places combined. Even more so than the state, the County should have resident's best interest at heart. The spirit of the law seems to indicate there is some risk of having these types of businesses close to children. If that's true than that should be the case for the children in residential neighborhoods. He believes there is a solution that is fair to all parties, especially to young families and those who do not want marijuana operations nearby. In addition to the state requirements of 1,000 feet from schools and parks, so should it be for residential neighborhoods. He encouraged the Commissioners to extend the moratorium so it can be done right, as it is hard to go back if it is done wrong. Thank you. Marjorie Boyd: She stated she believes the public discussion is just starting on this issue and should have been done around a year ago, but better late than never. She is glad the discussions are happening. Democracy is messy, but here we are. She hates the idea of stopping the progress when it feels like we are just getting there, particularly the participation of the Planning Commission. She urged the Commissioners to extend the moratorium to include all zones stating the County does not want to get ahead of the legislature. The trend in other counties as well as in the state level is towards locating production and processors in commercial and light industrial areas. She added that there is an advantage to not jumping the gun and not getting ahead of the legislature. We don't want them to prohibit marijuana operations in residential when we've already permitted that. Fire explosion and related risks have not been properly evaluated by Jefferson County and should be a part of the Planning Commission review, which is finally happening. In respect to jobs, why not open adult businesses such as lap dancing? It is allowable at the federal level and legal in all 50 states. There are no problems with banking, prostitution and organized crime if it is run correctly, except that statistically, there are problems. She stated that it can be said that of those that are not run correctly, that those weren't the good players. Here we have this huge unknown where it may be legal on the state level, but not on the federal level. This is a huge experiment, why would we have a light touch at this point? She stated that would be like giving her 16 year old a can of beer, the keys to her car and encouraging her to drive across the country to see how it goes. It would be best to start her teenager on the more conservative level to see how it goes and then loosen up a bit. Once the genie is out of the bottle, you can't stuff it back in. She added that we may not know for years how this will pan out. Both sides are claiming they have statistics. One side is stating that insurance statistics are down, while according to Colorado statistics, insurance is on the rise. She urged the Commissioners not to experiment with neighborhoods as they will be destroyed and unable to be rebuilt. Gary Johnson, Brinnon: He read from a statement he submitted. (See hearing record) Tim Wilkins, Marrowstone Island: He stated he owns property on Marrowstone Island and believes it isn't fair how this moratorium transpired. He had a pre - application meeting for his property and everything was going perfectly, only to find out that three days prior, the moratorium had been enacted. He would like to see the moratorium expire. Mr. Wilkins stated he believes the people of Jefferson County want this because almost 70% of the residents voted for I -502. There is only one county in the State of Washington that had a higher percentage of `Yes' votes and that was Island County. If the Commissioners decide to renew the moratorium, he noted that one proposed version is erroneous and unfair. There are 16,366 parcels zoned R5, rural residential five acres, in Jefferson County. Rural residential 10 acres, there is only 1,249 parcels. That is a 14 to I ratio. He stated he has looked up all the lot sizes of the 5, 10 and 20 zoning classes. There are 21,713 of them and the lot sizes themselves are all over the board. Two acres may be zoned 20 acres and 80 acres could be zoned 20 acres. He added that Page 7 Commissioners Special Meeting Minutes of January 26, 2015 there is no uniformity when it comes to parcel sizes. He believes thcly fair way loo address this issue is to be real and transparent in what the County is trying to accomplish. If County makes it allowable to grow in rural residential 10 acre zoning, but you have to have five acres or more to do so, there are not that many of those kinds of parcels in Jefferson County. Mr. Wilkins suggests forgetting about the zoning, and just go by the lot size, whether it be 5, 7, 10 acres. He suggested that the County segregate out the difference between individuals who intend to produce and those who want to produce and process marijuana. Those who choose not to process marijuana should not need a Conditional Use Permit (CUP). He stated that his attorney in Seattle has heard that within the next couple of months, the LCB will be profit sharing with the local jurisdictions and local entities will get 25% of the local coffers. Francesco Tortoria, Port Townsend: He urged the Commissioners to let the moratorium expire. He read from a statement he previously emailed. (See hearing record) Angie O'Dell, Port Townsend: She read from a statement she provided. (See hearing record) Christopher O'Dell, Port Townsend: He urged the Commissioners to extend the moratorium in all zones that are within 1,000 feet of a residence. He has heard that some people have claimed that those who support extending the moratorium, are not presenting facts and are just worried about tall fences and things like that. He stated he would not mind a tall fence and his neighborhood currently has fences so it is not a big deal. If you go to YouTube and search marijuana explosions, there are many posted on there and a lot of them are from Colorado and relatively recent. He stated that his house is around 640 feet from a 44,000 square foot processing plant and less distance than that from two Tier 2 processing plants. Explosions do happen. There is also the increased probability of crime because of the cash nature of the business. The CEO of the American Bankers Association has been quoted as saying "As it stands, position distribution of marijuana violates federal law and banks that provide support to those activities face the risk of persecution and assorted sanctions." Banks will not actively work with marijuana facilities. This will force the industry to be an all cash business, and this is not good for his neighborhood. People will know there is large sums of cash at the nearby marijuana businesses that someone can steal from. He is very concerned that these issues are being discussed so close near the end of the moratorium. He stated the reason that he and his wife started attending the Board of County Commissioner (BOCC) meetings a few months ago, is because they found out about the nearby marijuana facilities by accident. They did not realize and were not informed that one such operation would be going in right next to their house on an industrial lot. He does not believe that marijuana should be the same as other types of agriculture. He does not have to worry about corn exploding next to his house or crime as a result of people stealing corn. The County needs more time to discuss these issues. He stated that he just found out about this issue weeks ago and was not aware that this has been going on since August. Thank you. Jackie Aase, Port Townsend: She read from her statement she provided. (See hearing record) William Johnson, Jefferson Countv: He stated he is in favor of ending the moratorium. He grew up in Jefferson County in a neighborhood that contains multiple black market marijuana grow operations that masquerade as medical grow operations. They have no security, accountability and children are present. For those familiar with state legislation, regulations and restrictions are already enacted to manage safety, security, responsibility and accountability. Rural residential licensees will be able to operate with little to no footprint. He believes Jefferson County needs legitimate licensed businesses sooner rather Page 8 Commissioners Special Meeting Minutes of January 26, 2015 UkNf1 than later. Through research, he found out there is a bank in Olympia already accepting cash from marijuana businesses. Thank you for allowing me to give you my input and "Go Seahawks!" David Speer: He urged the Commissioners to end the moratorium. Annie Failoni: She urged the Commissioners to extend the moratorium to allow more time to study the issues, get the facts and make sound decisions so that everyone is not possibly negatively affected. There is too much question about safety, crime, money, affecting kids, residences and other businesses. She believes the moratorium should be extended so the Commissioners can make good decisions because once the moratorium is ended, you can't go back. Thank you. John Hacko: He stated he is in favor of extending the moratorium and referenced the previously submitted emails regarding the issue. There are many decisions to make and a lot of loose ends. He can't understand why this situation is proceeding the way it is. He stated the moratorium could be put together so much better, without all the hassle. He is tired of coming to all the meetings and begging the Commissioners to do the right thing, which is doing it right. Thank you. Maria Porter: She stated she is in favor of letting the moratorium expire. There is at least one credit union that is accepting cash from marijuana businesses and other banks will also open up to this idea. She does not believe banking will be an issue in the future. Ryan Barnard, Port Townsend: He stated he is in favor of extending the moratorium. He attended a Planning Commission meeting recently and from what he saw, there is still quite a bit of work left to do. He urged the Board to let the Planning Commission do the job they are hired to do which includes research, draw their conclusions based on facts and not pressure from either side, and not to rush them. Give them time to make their recommendations. He asked the Board to listen to the County residents as they want their neighborhoods to feel safe. He is sure there is a way for the marijuana businesses to thrive in Jefferson County without compromising the nearby neighborhoods. Time needs to be given to find out how. Please extend the moratorium, thank you. Karen Crouse: She stated she is against marijuana operations in rural residential areas because she lives in a small community called Woodland Hills and there currently is an illegal business across from her property. She stated she has previously spoken to Commissioner Kler and Director Smith prior to the meeting about that issue, as well as filed complaints. DCD does not have enough people to monitor complaints. She has brought this issue up to DCD and the Commissioners on other occasions. How can we add one, two, 100 burdens or 16,000 five acre parcels to the already worked group at DCD and expect them to monitor and follow up on complaints? She stated she has not gotten anywhere with her complaint and has been told it will take another 90 days, or staff is out on vacation, but you really don't have a compliance officer to follow up on building permits. How are you going to have a compliance officer to follow up on what's necessary to monitor marijuana growing, especially in residential areas? Thank you. Heather Tillman: She stated she has been listening to the comments made at the hearing and would like to know who decided that marijuana was an agricultural crop? From what she has heard, it does not nourish people or feed animals. It certainly brings out a lot of people who are interested in money. Marijuana crop is money. She stated that those individuals who are so interested in keeping it going, are interested in money. Some people are concerned about losing money. They have invested in the Page 9 Commissioners Special Meeting Minutes of January 26, 2015 uRAFT marijuana business when they thought they would be very prosperous. Money is not a crop in her language, and never will be. She hopes that marijuana will not sway politicians as it seems to be doing so adequately in Washington, D.C. these days. Chris Gardner: He urged the Board to extend the moratorium and keep it in place as is. 5 -20 acres with a minimum setback. That is no different than a small parcel. There is no difference in the space between his house and a grow operation. Every lot is unique due to ingress and egress. Any marijuana grows in residential zones is unacceptable. Problems continue to arise and there is a potential to devalue entire neighborhoods. Some people may be put at risk, the County just does not know. Rural residential is just a name for almost every area right up to the City limits. He stated that this issue is a new one and no one had the foresight that a marijuana operation could happen next to them. It isn't like having an airport next to you, it's not like losing your view, this is like having a Mars launcher next to you, you wouldn't expect it. The more people that find out about this, by accident, the more public input you will hear. The longer the moratorium is in place, the longer the County will hear input from citizens. People are just finding out about this as there is no notification process. You're not keeping people from growing, they can still purchase land in areas suitable for their operations. He added there is no rights lost, they can simply go purchase land, and use that land. Thank you. Roger Short, Chimacum: He stated he has been a farmer in Jefferson County for 70 years. He came to this County when he was three years old and has been a farmer ever since. He added that he probably knows more about traditional agriculture than any other active farmer in the area and most of the bureaucratic people involved. He stated that the County Commissioners have a tough situation in front of them. He has friends on both sides of the marijuana issue. He has dealt with the County and the Planning Commission in the past on other issues which should have been stopped early on in the process. Someone with a little bit of common sense and understanding of the natural resource issues in the County, should have known that there would be problems from both sides of this current marijuana issue. He anticipates lawsuits coming from both sides. If he invested $1 -2 Million dollars in something he thought he could do in Jefferson County, he would be real unhappy being setback. He would also be unhappy if someone came in and started a marijuana operation right next to him. He used to operate a dairy for quite some time and stated that the manure spreaders smell a lot. At one point, his manure spreader turned away nearby prospective land buyers. 10 years ago he tried starting up a cheese facility, and while everyone thought this was a good idea, he was unable to get into that business due to the County and other regulatory agencies being unable to decide what they wanted to do. He stated he was stalled to death and spent $50,000 on his efforts. A greenhouse that had been proposed in the Chimacum Valley on a conservation easement for agriculture had been stalled for 8 -9 months because they were given bad information from the County. Another person tried to start a goat dairy farm, but it took them around a year and a half to go through the process. Marijuana growing is not a traditional agricultural product. He referred to a report submitted by Ms. Karen Page's attorney which has a good explanation of the reasoning behind that statement. It is not traditional. Seth Rowland, Port Townsend: He stated that he moved to Jefferson County 13 years ago from Talas County, New Mexico. Talas County has no zoning at all. Every time an inappropriate use would be suggested, it had to be fought. There was a proposed gravel crushing plant in a residential neighborhood. Every single inappropriate use had to be fought. He congratulated the County on having zoning and for paying attention to this process. Zoning done right can protect everybody because you buy a property under certain expectations, and those expectations are carried throughout your life. He supported I -502 and voted for it because he believes that criminalization of marijuana is not working. He didn't vote for Page 10 Commissioners Special Meeting Minutes of January 26, 2015 K] I -502 because he thinks that a marijuana farm should be put in every available lot everywhere. The County's zoning had nothing in it that addressed marijuana grow operations. The moment has already passed to set up some clear zoning before any permits were issued. We are no longer at that stage. He encouraged the Commissioners to take their time and extend the moratorium to do this right. Where his parents live, if someone wants to do something that is not allowed, such as building an extension to their house that is higher than the required limits, they just need to get the permission from all the neighbors. Marijuana is much more of an industrial crop than an agricultural one and could be zoned like that. He suggested that if neighbors are okay with a marijuana operation next door, than it would be existing condition. If the property went up for sale, potential buyers would be aware of the existing condition. He believes that is a clear and simple solution to that issue. Thanks for considering this and continue on. Vicki Costankus, Jefferson County: She stated that some people are not aware of what has been going on, or are educated on what the issue is all about. She had found out about the marijuana moratorium hearing a few days prior to it. She researched the issue and studied it. It seemed apparent to her that this County is abounds with creative individuals, beyond belief. She has lived in this community for over 20 years and the citizens here astound her. It is one of the reasons she wishes to continue living in this County. She would like to see more time spent on the moratorium, to make sure it is done right. This community is phenomenal, take a look around, it is a special place. She recognizes the tragedy of those who spent money on something they thought would happen and understands their frustration, but she also feels that the County should not make quick decisions that will haunt us forever. If the sides are this back and forth, do we need to rush it? For those in the community who are just finding out about the issue, you're going to have a lot more conversations. She doesn't want to give the Commissioners more work. It is prudent to ask for more time to set this straight for everyone. Thank you. Jeremiah Van Ness, Jefferson County: He has heard a lot of individuals speaking about "working families ". He stated he is the working family. He commutes two hours a day, depending on the job. His current job he's on, he commutes three hours one way. He does this to be able to keep his family in Jefferson County. He urged the Commissioners to extend the moratorium. He feels that this is a ball that has been dropped on he and his wife. His wife is currently at home taking care of their two small children. By saving every dime they had, they were able to purchase their current property on Larson Lake Road in July of 2014. He is in the process of getting a septic and building permit. It is like a bomb when you're not aware of what is going on and you find out through the rumor -mill that there is plans for a nearby marijuana farm. After research, he confirmed that there is. He stated it is mind - blowing and it crushes his family. He believes he is the working family, travelling and doing what he can to keep his family in Jefferson County and be able to afford a rural residential piece of land where he can raise his family and build the house of his dreams. He stated that he has a son and daughter who will be in Cub Scouts, baseball, football, cheerleading, Brownies and he is concerned that his children's friend's parents may not want their children to come to his children's house due to a marijuana grow operation down the road. There needs to be more planning, clearer decisions and more.time taken. He did not plan on speaking at the hearing. As a result of attending the hearing, he will be late for his nightshift. He would like to keep his family in Jefferson County and keep his investment in Jefferson County going. There is a lot of money on the line for him. There are a lot of other people with money on the line, not just those who applied for marijuana operations. There are people who either have existing homes or are building their homes and who are trying to keep their kids in Jefferson County. Thank you. Tom Thiersch, Jefferson County: He stated that the Commissioners have three options to consider, do nothing, preserve the existing moratorium or extend the moratorium, but with modifications. What is not Page 11 Commissioners Special Meeting Minutes of January 26, 2015 listed is the fourth option, which had been brought up by many people, which is to extend the moratorium to all zones. Sorry, that is not on the table. To do this, the County would have to hold another hearing before the current moratorium expires, so that option is not available. He would not be in favor of it if it were. The moratorium should expire for a lot of reasons. The people who have permits pending, that are in progress with DCD, as soon as the moratorium lapses, those permits will theoretically be processed and those people will be able to go on with their lives. There aren't going to be any new state - issued licenses for a long time. There will be ample time to let the Planning Commission study this issue, take all the time they need, go through the regular planning cycle of Comprehensive Plan amendments and come up with some rules and regulations that may be necessary to satisfy at least the majority of people. This wasn't done in a timely manner with the current moratorium. Voters approved the initiative in 2012. How long did it take Jefferson County to come up with the moratorium? Almost two years? If the Commissioners intended to do this, it should have been done right away. He stated that by the Commissioners waiting as long as they have been, they have severely disadvantaged those people that have invested money into properties to start these businesses. It is not fair to them what the County is doing. He stated that the Board can't extend the moratorium forever without getting into legal trouble. He added that by extending the moratorium the way it is proposed, people will not be able to plant their crops and they will lose a lot of money. As a result, he believes the County will be sued for damages. That means that taxpayers will end up picking up the bill, and he doesn't want to pay for that. He urged the Board to let the moratorium lapse, put the Planning Commission to work — on a reasonable work plan, put it into the regular cycle, and let's be done with this thing. Thank you. Diane Maynard, Marrowstone: She stated that she has previously written to the Commissioners regarding this issue. She agrees with the previous commentator and believes we should "be done with this." She believes if you have this industry in an industrial or commercial area, you could be done with it. She is sympathetic with those who have made investments, the problem is that the public is a sleeping giant. If it took the Commissioners two years to enact a moratorium, it will take the public at least another four months to awake the sleeping giant so that the County can get sufficient public input. She understands that it is the Commissioners' duty to protect public interest. She has resided in Jefferson County for 20 years and she feels threatened by this industry. If 65% of the County voted to have marijuana, 35% voted not to legalize it. There is absolutely no logical conclusion that if you voted to legalize marijuana, that you voted to have it next to you in your rural residential lot. To her, it is very clear what rural residential means and is not a grey area in any way. Maybe Cottage Industry is a grey area. She hopes and expects that the Commissioners protect existing homeowners and that they at the very minimum, extend the moratorium. Thank you. Nan Pope, Jefferson County: She stated she has lived in Jefferson County for 46 years. She urged the Commissioners to check the facts they already have. You have the facts versus the fear, let the moratorium end, thanks. Jay Pine, Jefferson County: He stated that he has lived in Jefferson County for 24 years. He stated he senses a lot of fear from individuals attending the hearing. He lives in Port Townsend and one of his neighbors has a marijuana grow and is very upfront about it. His neighbor has put an article in the paper about it, invited everyone over and explained exactly what it is that he is doing, and he has not experienced any sort of crime. He is a good neighbor. He doesn't believe his neighbor has gotten into a hassle with anyone, and he lives on a small city lot. People should not approach this issue with a lot of fear because the amount of fear that people feel, is unfounded. Thank you. Page 12 Commissioners Special Meeting Minutes of January 26, 2015 �7 Donna English. Chimacum: She urged the Commissioners to extend the moratorium to allow for time to get it right. Local media reported earlier this morning about this hearing, giving the date, time and location and said that this hearing should be watched. Perhaps the entire state will be watching Jefferson County. It is important that we get it right. John English. Chimacum: He urged the Commissioners to extend the moratorium. The vast majority of citizens that are not a part of potential grow operations found out by accident about the issue. They are just now voicing their opinion. If the people who elected to invest in these grow operations, experienced early on, the amount of push -back from the citizens that they are getting now, they may not have invested. He urged the Commissioners to extend the moratorium and get it right. Hearing no further testimony, Chairman Sullivan closed the public hearing. Chairman Sullivan noted that written hearing comments submitted by email to the office prior to the close of the public hearing will be reviewed on the next business day. County Administrator Morley added that the Commissioners will be looking carefully at all the comments. NOTICE OFAD.IOURNMENT: Chairman Sullivan adjourned the meeting at 7:46 p.m. SEAL: ATTEST: Carolyn Avery Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member Page 13