HomeMy WebLinkAbout071315_cbs01District 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
SPECIAL MEETING r
MINUTES
Week of February 2, 2015
Chairman David Sullivan called the meeting to order at the appointed time at the Cotton
Building, 607 Water Street, Port Townsend, Washington in the presence of Commissioner Phil Johnson
and Commissioner Kathleen Kler.
PUBLIC COMMENT PERIOD: The following is a summary of comments made by
citizens in attendance at the meeting and reflect their personal opinions:
• 14 citizens voiced their concern over the implementation of I -502 and the marijuana moratorium in our
County;
• A citizen stated: 1) Funding for Drug Treatment, Anger Management and Anti- Cigarette campaigns are
beneficial; 2) Small earthquakes are happening in and around Washington; and 3) Be cautious of bears,
they are dangerous;
• A citizen informed the Board of a Senate Bill that could affect the outcome of the proposed Pit -to -Pier
project;
• A citizen stated: 1) The Seahawks spirit exhibited at the Jefferson County Courthouse is appreciated;
and 2) Security Services Northwest will now be dispatching for Clallam County PUD.
APPROVAL AND ADOPTION OF THE CONSENTAGENDA: Commissioner
Johnson moved to approve all the items on the Consent Agenda as presented. Commissioner Kler
seconded the motion which carried by a unanimous vote.
1. RESOLUTION NO. 07-15 re: Cancellation of Uncollectible Personal Property Taxes
2. RESOLUTION NO. 08 -15 re: Annexation of Unprotected Land within Jefferson County into the
Jurisdiction and Boundaries of Clallam County Fire Protection District No. 1
3. AGREEMENT re: 2015 Alcohol and Substance Abuse Treatment Services; In the Amount of
$98,585; Jefferson County Public Health; Safe Harbor Recovery Center
4. AGREEMENT re: Tarboo Creek Riparian Restoration Project; In the Amount of $24,500;
Jefferson County Public Health; Northwest Watershed Institute
5. AGREEMENT re: Provide Health Care Services for members with Government Sponsored
Health Programs and Products; In the Amount of Fee for Services; Jefferson County Public
Health; Molina Healthcare of Washington, Inc.
6. AGREEMENT re: Youth Tobacco Prevention; In the Amount of $3,000; Jefferson County Public
Health; Skagit County Public Health District #304 dba United General District #304
7. AGREEMENT re: Jefferson County Jail Fire Alarm Replacement Project No. 301 594 1901; In
the Amount of $8,100; Jefferson County Central Services; Hultz -BHU Engineers, Inc.
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Commissioners Meeting Minutes of February 2, 2015 F RA f ' T
8. BID AWARD re: Jefferson County Courthouse Window Rehabilitation Project No. 301 594 1948;
In the Amount of $98,409.56; Jefferson County Central Services; G. Little Construction
9. RURAL ARTERIAL PROGRAM (RAP) EMERGENCY PROSPECTUS re: Dosewallips
Road 2014 Slide Repair MP 3.25; In the Amount of $93,600; Jefferson County Public Works;
County Road Administration Board (CRAB)
10. 2015 CERTIFICATION OF ROAD LEVY re: Jefferson County Public Works; County Road
Administration Board (CRAB)
11. Advisory Board Reappointment re: Clean Water District Advisory Board; Four (4) year Term
Expires February 2, 2019; Citizen Representative District No. 2, Amy Leitman
12. Payment of Jefferson County Vouchers /Warrants Dated January 26, 2015 Totaling $654,193.93
COMMISSIONERS BRIEFING SESSION: The Commissioners each provided
updates on the following items:
Chairman Sullivan
- Attended a Jefferson County Shelter -to- Housing meeting last week. Our community has increased
housing options.
Commissioner Johnson
- Attended an Oil Spill Response meeting last week.
- Will be attending a Northwest Indian Fisheries Commission meeting and a Marine Resources
Committee (MRC) meeting this week.
- Will be attending an Olympic Region Clean Air Agency (ORCAA) meeting next week.
Commissioner Kler
- Attended an Oil Spill Response meeting last week.
- Spent time researching issues surrounding the implementation of I -502 in our County.
- Attended a Jefferson -Port Townsend Response Emergency Planning (JPREP) meeting last week.
- Participated in a Legislative Steering Committee (LSC) meeting via telephone last week.
- Will be attending an MRC meeting this week.
Approval of Minutes: Commissioner Johnson moved to approve the regular meeting
minutes of November 17, 2014 as presented. Commissioner Mer seconded the motion which carried by
a unanimous vote.
The meeting was recessed at 9:53 a.m. and reconvened at 10:02 a.m. with all three
Commissioners present.
DELIBERATION and Possible Extension of Ordinance 07- 0811 -14: The Board of
County Commissioners (BOCC) held a hearing on January 26, 2015 regarding the marijuana
moratorium that was established by Ordinance 07- 0811 -14. The Department of Community
Development (DCD) Director Carl Smith and Associate Planner Colleen Zmolek were present to
discuss the marijuana moratorium and give a status report on pending marijuana license applications.
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Commissioners Meeting Minutes of February 2, 2015
Director Smith stated there are quite a few unique marijuana license appimmions. Of the applications
received, 25 applications are affected by the moratorium, 12 applications are in R 1:5, three applications
are in R 1:10, one application is in R 1:20 and nine applications are in commercial zones. He added that
the Washington State Liquor Control Board (LCB) has issued seven licenses in Jefferson County; five
producer /processor licenses and two retail licenses. At the County level, there are currently 19
marijuana permitting applications being processed through DCD. Four permits have already been issued
and six other permits have been filed which means they are ready to issue. Nine permits are listed as
"pending."
There are three options before the Board: 1) Extend the moratorium in its current form; 2) Extend the
moratorium, but with modifications; and 3) Do nothing and let the moratorium expire. The original
moratorium was enacted in August 11, 2014. As it is only a six month moratorium, the moratorium will
expire February 11, 2015. If no action is taken by the Board before that date, the moratorium will
expire. Due to the schedule of the Planning Commission and holiday conflicts, they have needed more
time to do their work.
Commissioner Kler held up a large stack of correspondence which she explained was all the public
comment received by the Board of County Commissioners to aid in making their decision. She read
from a statement she submitted:
"This morning a decision will be made whether or not to extend Ordinance No. 07- 0811 -14 beyond the
present expiration date of February 11, 2015: a moratorium on accepting or processing applications
for recreational marijuana businesses in certain land zones.
The including of all land parcels in the County is not considered today. The current separation of
medical cannabis and recreational is not considered.
I acknowledge the present discrepancy between Federal law and the state I -502 initiative passed by
55.7% of Washington voters and by 66.23% of Jefferson County voters.
The consideration today recognizes that other counties have currently or are still debating different
approaches to zoning than what Jefferson County has followed. We have our own unique population
centers and land use conversations that have been codified and refined in the Growth Management Act.
It is these present codes applied to the "New Use " of legalized cannabis — the production (growing),
the processing (two distinct paths of harvest and packaging, and the more intensive harvest and
extraction process), and retail outlets that must be closely examined.
The object ofgood zoning practice is to balance those conflicts of land use against an overall plan and
vision... which necessarily changes with population growth, economic opportunities, development and
environmental concerns.
Do our present codes address the concerns of both the public and the business owners sufficiently ... or
do we need more time?
Neighborhoods have families invested in homes and community. Businesses have invested in
infrastructure and provide the jobs and tax base that support those family neighborhoods. The shipyard,
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Commissioners Meeting Minutes of February 2, 2015
DRAFT �e]
the mill, the dairy farmers, the propane suppliers, the shellfish farmers are working realities... with
noise, odors, potential pollutants, real dangers and visual impacts. Industry best practice is how they
mitigate those risks... and there is always room for improvement as technology addresses the concerns
of citizens. Do residential interests need to be oppositional to business interests?
Public comments on the zoning and the moratorium, including suggestions and also threats of
litigation, have covered nearly every aspect of potential impact on all parties. A tally of comments is not
an electoral directive, but reveals areas of concern that deserve response from staff and your officials.
The County's attempts at "getting it right" have not been, not will be acceptable to all parties. Zoning
decisions have yet to satisfactorily please both sides when disputed, as long as there have been
neighbors and ownership of land by human beings.
I acknowledge the expressed concerns ofparents, schools, public health and public safety officers, -
each having responsibilities to educate and protect our children. Real data challenges us to address the
physical and social damage caused by underage drinking, tobacco use, firearms, as well as the
research proven effect of cannabis on young brain development. The dangers of addiction are not
separate from the concerns of vaping and e- cigarettes, which are less regulated and currently sold in
public stores. Zoning can only create distance and fence off marijuana businesses from inquisitive
youth, but education is the best deterrent to experimental use.
I acknowledge that the new legal business model of cannabis production and processing differs from
current illegal, furtive operations where poor practices exacerbate the risk of explosions and dumping
of toxic waste, and increase the risk of crime. I recognize that the WSLCB has attempted to address
significant security and environmental concerns with the extensive requirements for each of the three
types of license holders. These strict regulations must be met and addressed in order to maintain the
license. The license holders lose their state license if not "used" and situated within a year.
I acknowledge the expressed concerns of local farmers and entrepreneurs who have invested
economically in the "New Use" business of legal cannabis and have been caught in limbo by the
moratorium, unable to grow, harvest or process crops this season. But our present agricultural code
presently has no limits for scale and intensity, no caps on number of buildings, number of employees or
setbacks. The designation of cannabis as an agricultural crop ... or not... will not and cannot be settled
today.
WE want to assure best practice for this "New Use. " What are the performance standards we apply?
What is the current zoning AND size of the parcel? What is the size of the grow? What is the size and
intent ofprocessing? Harvest and package or extraction? Then, is there enough room for adequate
setbacks? (and what is the distance considered adequate ?)
The timing of this decision is out of sync with the current deliberations of the Planning Commission who
meet later this week. There seems no other alternative than to extend the moratorium. "
Commissioner Johnson addressed the concerns regarding explosions at marijuana facilities. From what
he has learned while visiting in Colorado, they are experiencing fewer explosions than in the past. The
businesses are being inspected by the County. He added that illegal operations are still happening
though. According to the FBI's Unified Crime Reporting (UCR) data, overall crime is down. He has
concerns about extending the moratorium as there have been a lot of people who have invested in this
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Commissioners Meeting Minutes of February 2, 2015
process. On the other hand, there are many reasons for extending thAratorim:0111t A Cottage
Industry? In our own County Code, there are three to four definitions of Cottage Industry. It would be
beneficial to narrow this down to one explanation. He is also concerned with the County's current code
regarding agriculture. Is marijuana agriculture? He believes that it fits the description for agriculture.
Do we allow marijuana to sprout up everywhere on agriculture land without permits? Can we treat
marijuana as a separate part of agriculture with regulations?
Chairman Sullivan asked what is agriculture? If the County redefines agriculture to cover marijuana,
how does that connect? Are we going to do this with any other plant used for medical purposes? He
believes if the County starts heading down that road, the Planning Commission will have a lot of work.
The County has had the same zoning rules in place for over a decade. What is possible in terms of
impacts? He believes looking at the impacts is the direction to head in. He would like to look at all
agriculture and see what the impacts are. He added that he does not regret adopting the moratorium as it
gave people a chance to speak and get more information. One problem with letting the moratorium
expire is that pending applications will then vest, but applicants have invested and made their business
plans based on what the rules were at the time they started the process.
Commissioner Kler asked Director Smith what will happen if the moratorium expires? What sizes of
grow and processing operations will DCD be permitting? One of the reasons the moratorium was
enacted in the first place was due to the surprising proposed scale and intensity of incoming
applications. Director Smith replied that as of last week, there were 25 possible license applicants
affected by the moratorium. If the moratorium were to Iapse, those 25 applicants would be free to
proceed.
Chairman Sullivan stated that per the LCB, only certain size operations would be allowed. Director
Smith responded that under the County's current agriculture exemptions, there is nothing that prevents a
larger building being built.
Chairman Sullivan stated that he would like to see everyone treated fairly. He noted that some of the
applicants' building sizes are bigger than anticipated, as well as the number of employees, parking
spaces and hours of operation. Per the Right -To -Farm Act, that is not looked at as a nuisance in parcels
zoned 1:20, but the proposed applications are for parcels zoned 1:5. He added that agriculture is one of
the growing sectors in our economy, despite the recession. He does not want to hurt those industries or
people who are developing those businesses. If the County extends the moratorium in its current form, it
would catch everything in a big net. Do we extend the moratorium in some fashion and then have
another one in a few weeks that would just focus on impacts? He reiterated that he is focused on the
impacts.
Commissioner Johnson stated that he agrees with a lot of what Chairman Sullivan mentioned. He added
that there are other concerns that people have, and those concerns are legitimate. He is not sure how
much impact this industry will have on Jefferson County in five years. He added that it will take the
County some time to grow into it, but like it or not, we are stuck with it because the state as a whole
wanted it.
Commissioner Kier pointed out that a lot of individuals are scared of the marijuana processing aspect.
The actual picking of the buds is not a dangerous activity. She suggested the Board should talk more
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Commissioners Meeting Minutes of February 2, 2015
about the process.
Director Smith stated that processing licensing and tiers could be changed by the LCB, which would
affect the County.
a,
Commissioner Sullivan stated that if the Board wished to extend the moratorium, a Commissioner
would need to make a motion to continue with the current moratorium, or modify the moratorium. Over
the next four months, DCD would move forward with a different moratorium. He added that a
moratorium can always start and then end.
Commissioner Kler asked which moratorium extension will better address the Board's intent? Which is
better for a narrower scope? Commissioner Sullivan suggested going with the modified version of the
moratorium which would address marijuana operations on smaller parcels. Commissioner Johnson
asked if that would include parcels five acres in size and above, or parcels over five acres? Director
Smith replied that there are R20 parcels that are quite small. R5, R10 and R20 can all include parcels
that are quite small.
County Administrator Morley noted that if setbacks are not addressed, there could be scale and intensity
issues.
Commissioner Sullivan stated that people are having to delay their economic activity on what is
considered working lands.
Commissioner Kler added that is what Cottage Industry zoning is about. The onus of being a new
neighbor, to a new use she stated that fencing size and security is a requirement of the LCB, but the
setback is the County's zoning choice. There are already fences on commercial properties.
Commissioner Johnson stated that razor wire fencing has the appearance of a criminal camp.
Director Smith explained that setbacks can differ. In residential neighboring properties, a fence could go
right on the property line. He added if the County is concerned about scale and intensity, addressing
certain residential zones needs to be addressed or a marijuana business could put a fence right next to an
adjoining property.
Commissioner Johnson stated that he still has many questions about this moratorium. On one hand, he
would like to see the people who are ready to start their marijuana operations get started, but on the
other hand, part of him says we need to make sure we do this right. He suggested sitting down with the
Planning Commission to discuss all the issues and see what input the Planning Commission can
provide.
Commissioner Sullivan urged the Commissioners that the Board should give clear direction to the
Planning Commission. If the Planning Commission is not given a direction, they will need to take time
to sort and address the issues, and evaluate how valid each concern is that comes forward. These are
things that the Board has already been doing. If the Commissioners give the Planning Commission
direction, such as looking at impacts on smaller parcels, that is something the Planning Commission can
focus on.
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Commissioners Meeting Minutes of February 2, 2015
Commissioner Kler moved to approve extending the Marijuana Moratorium, Option W2 with the intent
that the Board of County Commissioners work with the Planning Commission by narrowing the scope
and giving them direction. Commissioner Johnson did not second the motion as five acre parcels are not
addressed in Option #2. County Administrator Morley explained that anything bigger than five acres
would be free to proceed. Director Smith stated that one of the rationales for excluding R:5 is because it
is the smallest zone under zone managements. He added that there are much smaller parcels in Port
Hadlock and other places. It is DCD's view to cover these in the moratorium until we get it right.
County Administrator suggested that a Commissioner could make a motion to extend the original
moratorium, which would still cover all parcels within R:S, R:10 and R:20 and then give direction to
staff to develop a different and refined moratorium.
Chairman Sullivan stated that a year ago, the Board was in the same situation and no action was taken.
Taking action is not necessary to reinforce the laws that were in place yesterday and will still be in place
today. The laws continue and that is what people expect. The reason why the Board chose not to make a
decision last year, was because the County thought the rules that were currently in place could handle
the situation.
Chairman Sullivan stated that the previous motion fails for lack of a second.
Chairman Sullivan made a motion to direct the Planning Commission to look at the scale and intensity,
as the Board discussed, and to focus on building size, parcel size, number of employees, hours of
operation and other conditions. Commissioner Johnson seconded the motion.
Commissioner Kler encouraged the community, with the assistance of local news reporters, to be aware
that there is an obvious need for some kind of forum in the community to address facts, opinions and
fears regarding this issue.
County Administrator Morley clarified the process and the intent discussed by the Commissioners. He
noted that there was no motion made to extend the moratorium, and no motion made to end the
moratorium. Currently, the Board still has time to make that decision whether it be in the afternoon
session today, or even a week from today. The options are still open.
Chairman Sullivan called for a vote on the motion, which carried by a unanimous vote.
Director Smith asked if the Board would like to set up a meeting with the Planning Commission? The
Board agreed they would like to meet with the Planning Commission as soon as possible. Chairman
Sullivan noted that all of the Board of County Commissioner meetings are public and announced on the
County's website.
The meeting was recessed at 11:14 a.m. and reconvened at 1:37 p.m. at the Jefferson
County Courthouse in the Board of County Commissioners (BOCC) Chambers with all three
Commissioners present.
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Commissioners Meeting Minutes of February 2, 2015
APPROVAL OFLETTER: Commissioner Johnson plWted a draft letter to the U.S.
Navy regarding electronic warfare and cumulative impacts. The letter also addresses the increase in
noise from Growler flights and Environmental Impact Statement (EIS) on overseas operations.
Commissioner Johnson moved to approve sending the letter to the U.S. Navy with copies to the U.S.
and State Representatives. Commissioner Kler seconded the motion which carried by a unanimous vote.
COUNTYADMINISTRATOR BRIEFING SESSION: County Administrator Philip
Morley reviewed the following with the Board.
DISCUSSION re: Cannabis: In the next two weeks, the Board intends to provide the
Department of Community Development (DCD) and the Planning Commission further direction for
amending Title 18 Jefferson County Code to refine the current Agriculture nuisance and permit
provisions to better address potential land use incompatibility issues from Agriculture (not just
cannabis), especially on smaller lots. County Administrator Morley expressed concern that those
changes could become extensive and complex, taking more staff time and delay than the Board of
County Commissioners (BOCC) may intend. To avoid this, Chairman Sullivan will prepare an outline of
the intended scope of the code changes, and bring it back to the BOCC for review. Once the BOCC has
agreement on the scope, the outline will be provided to DCD and the Planning Commission to guide
their work.
Jefferson County Marine Resources Committee (MRC): MRC member Cheryl Lowe,
WSU Extension Community Horticulture Coordinator Ginny Broadhurst, Executive Director of the
Northwest Straits Commission Al Bergstein, MRC Chair Bob Simmons, WSU Water Faculty staff and
MRC Committee member Dale Moses were in the audience. An annual report by the MRC to the Board
of County Commissioners (BOCC) is required. The MRC is advisory to the BOCC and is guided by the
NW Straits Commission guidelines and Puget Sound Partnership (PSP) benchmarks. It is funded by the
Environmental Protection Agency (EPA) grants that flow through PSP and NW Straits, plus some
Jefferson County support ($73,000 per year operating budget plus project grants $625,000 total in the
last two years). The NW Straits Foundation proves assistance to key landowners regarding armoring for
lower risk properties most receptive to soft armoring. Other outreach or programs include Digging for
Dinner; (2) Oil Response Workshops, Fort Townsend shore restoration project, Voluntary No Anchor
Zones; (2) rain gardens within the City and Port Hudson and the Discovery Bay Olympia Oyster
Restoration. Their goal is to work more closely with the County, City of Port Townsend, Department of
Community Development (DCD), and Public Works, especially as to future Ocean Level Rise. There is
a vacancy on the MRC for a Navy representative. Sheila Murray may possibly fill in the vacancy.
County Administrator Morley and the Commissioners to follow up with Commander Yesunas.
North Pacific Coast MRC ( NPCMRQ: Environmental Health Specialist II Tami
Pokorny was present. Group was formed by the Washington Department of Fish and Wildlife (WDFW)
with funding from WDFW. NPCMRC is a Partnership with Clallam County. Outreach and programs
include: School education and beach field trip, plastic micro debris survey; Washington Coast Cleanup
on April 25, 2015 with Washington Coast Savers, Film: Discover the Olympic Coast — A Seal's Tour
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Commissioners Meeting Minutes of February 2, 2015
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(filmmaker also did "Beneath the Salish Sea "), River and Ocean Film Festival April 25, 2015 in Forks,
Washington, Marine Spatial Planning Survey, forage fish spawning areas and Earthquake- Tsunami
Science and Preparedness Workshops for Coastal Educators. Cassin's Auklets had around 100,000
mortality this year because of lack of food. As a result of alpine glaciation, ancient wood is eroding out
of the bluffs and is determined to be up to 80,000 years old.
Miscellaneous Items:
• Public Works project descriptions: Public Works Director /County Engineer Monte Reinders,
Engineering Services Manager Jon Watson and Engineer Mark Thurston were present. Two
projects were discussed with handouts regarding Dowans Creek Road Realignment and the
Upper Hoh Road culvert at milepost 3.338.
Commissioner Johnson excused himself to prepare the final version of the previously approved letter to
the U.S. Navy.
Whistle Blower procedures and the Board of County Commissioners (BOCC) as adjudicator of a
Whistle Blower grievance.
Commissioner Kler in Olympia February 4 -5, 2015 to lobby against SB 5111, and for the Utility
tax authority for counties.
Noise Ordinance action will be scheduled on the agenda for the February 17, 2015 meeting.
NOTICE OFADJOURNMENT: Commissioner Kler moved to adjourn the meeting at
4:18 p.m. until the next regular meeting or special meeting as properly noticed. Chairman Sullivan
seconded the motion. The motion carried.
4WRX
ATTEST:
Carolyn Avery
Deputy Clerk of the Board
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David Sullivan, Chair
Phil Johnson, Member
Kathleen Kler, Member
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District No. I Commissioner: Phil Johnson
District No. 2 Commissioner: David W. Sullivan
District No. 3 Commissioner: Kathleen r Dw ` KH ��
County Administrator: Philip Morl
Clerk of the Board: Erin Lundgren _._ -
SPECIAL MEETING
MINUTES
Week of February 9, 2015
Chairman David Sullivan called the meeting to order at the Cotton Building located at
607 Water Street in Port Townsend at the appointed time in the presence of Commissioner Phil Johnson
and Commissioner Kathleen Kler.
PUBLIC COMMENT PERIOD: The following is a summary of comments made by
citizens in attendance at the meeting and reflect their personal opinions:
• 24 citizens voiced their concern over the implementation of I -502 and the marijuana moratorium in our
County;
• 2 citizens spoke about the proposed Noise Ordinance; and
• A citizen urged the Board of County Commissioners to send a letter of support re: Washington State
Senate Bill 5669 which would create a "Local Rural Mover License."
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner
Johnson moved to approve all the items on the Consent Agenda as presented. Commissioner Kler
seconded the motion which carried by a unanimous vote.
1. CALL FOR BIDS re: Dowans Creek Road Realignment; Bids Accepted Until 9:30 a.m. and
Opened and Read Publicly at 10:15 a.m. on Monday, March 9, 2015 in the Commissioners'
Chambers; Jefferson County Courthouse
2. AGREEMENT re: Gibbs Lake County Park Caretaker Services; In the Amount of $12,000;
Jefferson County Public Works; Cher West - Albright
3. AGREEMENT re: Solid Waste Management Plan Consulting Services; In the Amount of 38,500;
Jefferson County Public Works; Green Solutions, LLC
4. AGREEMENT re: Quinault S. Shore Road Emergency Repair, MP 1.3, County Road No. 911607,
County Project No. XO1968; In the Amount of $165,000; Jefferson County Public Works;
Northwest Rock
5. AGREEMENT re: Maintenance for Audio Recording System Located in District Court; In the
Amount of $2,100; Jefferson County District Court; Jefferson Audio Video Systems (JAVS), Inc.
6. AGREEMENT NO. K1404 re: Medicaid Administrative Claiming; In the Amount of Fee for
Services; Jefferson County Public Health; Washington State Health Care Authority
7. AGREEMENT re: Courthouse Window Rehabilitation Project; In the Amount of $98,409.56;
Jefferson County Central Services; G. Little Construction, Inc.
8. Advisory Board Resignation re: Jefferson County Parks and Recreation Advisory Board; District
#1 Representative; Rich Stapf
9. Payment of Jefferson County Payroll Warrants Dated February 5, 2015 Totaling $814,237.79
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Commissioners Meeting Minutes of February 9, 2015
COMMISSIONERS BRIEFING SESSION: 'vmmissioners each provided
updates on the following items:
�J
Chairman Sullivan
- Will be attending a meeting next week re: combining the Peninsula Development District (PDD) and
the Resource Conservation and Development (RC &D) Council.
Commissioner Johnson
- Met with representatives of the Environmental Protection Agency (EPA) in Seattle last week
re: grant funding.
- Will be testifying this week re: SB 5669 (Creating a Local Rural Mover License).
Commissioner Kler
- Spent time researching issues surrounding the implementation of I -502 in our County.
- Visited the County's Emergency Operations Center set up in Brinnon last week for flooding in that
area.
- Attended a Legislative Steering Committee (LSC) session last week in Olympia.
CONTINUED DELIBERATION and ACTION re: Extending Ordinance 07- 0811 -19;
Continued from February 2, 2015: Moratorium Prohibiting the Production, Processing and Retailing of
Recreational Marijuana in Certain Land Use Designations within Unincorporated Jefferson County:
County Administrator Philip Morley noted that during last week's Board of County Commissioner
(BOCC) meeting, the moratorium was not extended. Last week Commissioner Johnson stated that he
would like to revisit the moratorium to discuss the issue.
Commissioner Johnson stated that he has several concerns about the moratorium, but is mainly
concerned about how the moratorium will affect agriculture use. Another concern he has is regarding the
term "rural residential" and what the term means. He noted that the 1997 amendments to the Growth
Management Act (GMA) was ultimately to avoid sprawl. Certainly, the County cannot just let the
moratorium expire. Extending the moratorium to allow time to work with the Planning Commission is
essential. He has concerns that if work on marijuana regulations for the County is not completed in four
months, the Board will have to call for another extension.
Chairman Sullivan explained that he has been researching the Jefferson County Code and noted that the
recommendation made to the Board over a year ago, was that the County's regulations were adequate
for the implementation of I -502. He noted that the definition of "temporary" in the Code can lead to a
loophole and produce impacts greater than what is desired. A balance needs to be struck. Rural
landowners want to work on their lands and have businesses on their lands, yet some rural landowners
state they purchased rural property for peace and quiet. Sometimes rural lands are noisier due to those
working on their lands.
Chairman Sullivan suggested adding the following bullet to page 5 of the proposed Alternative 2
modified moratorium under Section 1:
• Indoor production of marijuana at any parcel of land greater than five (5) acres in size and
designated as Rural Residential 1:10 or Rural Residential 1:20
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Commissioners Meeting Minutes of February 9, 2015
He stated that this would still allow outdoor production to go forward, b'ii not something that would
have buildings. This addresses the possible Ioophole of "temporary" structures. He also proposed adding
the following additional bullet:
Outdoor production of marijuana at any parcel designated Rural Residential 1:5, Rural
Residential 1:10 or Rural Residential 1:20
With the addition of these two bullets, it would have much less of an impact on neighboring properties
and would address the concern of marijuana facilities being out of scale for some properties.
Commissioner Kier stated that some citizens may not understand the process of the BOCC. She
explained that two Commissioners discussing County issues constitutes a quorum, so discussing
marijuana or other County business is not allowed outside of the BOCC public meetings. She added that
the information provided by Commissioner Johnson and Chairman Sullivan, she is just hearing and
reading for the first time. A big concern she keeps hearing from the public is that neighbors of proposed
marijuana facilities would like better notification and she would like to see that issue addressed.
Commissioner Johnson stated that the County has great regulations when it comes to agriculture,
however, it seems that with the existing agriculture regulations, it gives all agriculture the green light to
do anything they want, whenever they want. He suggested possibly creating an Ag1 and Ag2, the latter
covering marijuana.
Chairman Sullivan stated that one of the reasons he suggested narrowing the scope of the moratorium, is
to allow those individuals operating on a smaller impact scale, to start their marijuana growing season.
He is concerned that the existing agriculture exemptions in the Code, creates a loophole for people to
bypass the Cottage Industry standards.
Commissioner Kler noted that marijuana processing has two distinct paths and she would like to see the
Planning Commission designate the processing versus extraction, and further processing into edibles.
She added that the production exemptions do not seem to match the processing exemption, which
creates a problem. For example, if you grow a crop, but you have no permission to pick it, there is no
reason to grow the crop. Picking the crops is considered processing. The extraction process is also
considered processing, however, most citizens are very concerned for public safety as the extraction
process has higher safety risks and for potential explosions.
Chairman Sullivan accepted the changes Commissioner Kler suggested.
County Administrator clarified what Chairman Sullivan proposed as changes. In the case of outdoor
only growing, in those residential zones; Residential 1:5, 1:10 and 1:20, there is no minimum parcel
size. For other grows, for example indoor grows, it would need to be zoned Residential 1:10 or
Residential 1:20 and have a minimum parcel size of five (5) acres. If it is in a temporary structure, it can
also be in Residential 1:5 on a parcel five (5) acres or more in size. Department of Community
Development (DCD) Associate Planner Colleen Zmolek had questions about the order of the bullets in
Section 1 and County Administrator addressed them.
Chairman Sullivan stated that the County does have non - conforming parcels, and they were around
before the zoning of the County. He added that the concerns are about having a more industrial site in a
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Commissioners Meeting Minutes of February 9, 2015
DRAFT
rural residential area. He would like to see the Planning Commission distinguish how long is
"temporary."
Associate Planner Zmolek stated she feels that the proposed bulleted additions are contradictory and
need to be made more clear. DCD Director Carl Smith agreed. He added that if this change were to be
enacted, as it reads, a fence can be built directly on a property line and a security camera could scan 20
feet into the neighbor's property. He stated that DCD recommended to the Planning Commission, that in
rural residential land, all marijuana activity would be Conditional Use and require notification to
adjacent properties.
Commissioner Kler stated that fencing is a part of the buffer issue that needs to be addressed. She added
that she visited a marijuana facility which helped her see the extent of security that the Liquor Control
Board (LCB) has set up. Every plant is being tagged and followed and there is much video surveillance.
When people say there are no marijuana regulations if the moratorium is dropped, that is not true. There
are many regulations for marijuana operations.
Chairman Sullivan noted that many notes were being submitted during the meeting by citizens. He
explained that the Public Comment period has already closed and that notes submitted would become
part of the public record. Deputy Clerk of the Board Carolyn Avery took the notes and submitted them
as public record.
The meeting was recessed at 10:58 a.m. and reconvened at 11:13 a.m. with all three
Commissioners present.
Chairman Sullivan asked if anyone wished to make a motion? Commissioner Johnson noted that he was
still contemplating the information.
County Administrator Morley explained that in the agenda materials, the two original proposed
moratorium ordinances were marked as Alternative 1 — which would extend the current moratorium; and
Alternative 2 — which would also extend the moratorium, but would open up production and processing
on any parcel greater than five acres in R10 and R20. He added that Chairman Sullivan placed on the
table a third alternative "Alternative 3" that modifies Alternative 2.
Chairman Sullivan stated that at the prior week's BOCC meeting, he was unable to second a motion on
the proposed ordinance. The proposed moratorium he provided, he would be able to second.
Commissioner Kler asked for a reason for the additions with clarifications made by the Board in the last
half hour. County Administrator Morley explained the clarifications and stated he has been
wordsmithing the proposed changes. He explained those changes as follows:
The third bullet would now read "Indoor production of marijuana and processing of marijuana at any
parcel of land greater than five (5) acres in size and designated as Residential 1:10 or Residential 1:20."
He asked if there was agreement among the Commissioners of going for five (5) acres or greater as
opposed to greater than five acres? Discussion on that was tabled for the time being. County
Administrator Morley continued by stating that the fifth bullet would be modified to read "Outdoor
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DRAFT I NE
production of marijuana at any sized parcel designated..." He asked for clarification from DCD staff
regarding rural residential zones and asked if any processing would need to be a Cottage Industry and
subject to a Conditional Use Permit (CUP)? Associate Planner Zmolek replied that in all zones except
agriculture, it would be considered Cottage Industry in Rural Residential. County Administrator Morley
suggested separating the moratorium applicability for growing production as opposed to processing
which is related to Cottage Industry regulations.
Chairman Sullivan stated that his intent was to address the impacts of marijuana as a practical matter,
rather than creating a whole new moratorium based on just agriculture exemptions. He feels that would
be going back to the drawing board. He would like to find a compromise and a balance with all the
issues before them.
Commissioner Kler clarified that the present Cottage Industry zones and regulations regarding traffic
lights, employees and hours of business would apply to processing. Director Smith added that any
Cottage Industry business would require a Conditional Use Permit (CUP). Associate Planner Zmolek
clarified further stating they would need a Conditional Administrative Use Permit (CAUP).
Director Smith stated that the fifth bullet would be clearer if it said "producing." Commissioner Kler
noted it is her understanding that the term "production" means growing, and the term "processing"
means harvesting, drying, packaging and extracting. Cottage Industry addresses the processing aspect.
Commissioner Kler noted that a person could not do anything with buds without the task being called
"processing." Director Smith corrected her by saying that "producing" includes the picking and drying
of the marijuana plant.
Chairman Sullivan explained that the proposed moratorium is not going to be perfect either way. The
choice is to delay a decision until this afternoon, or let the moratorium lapse and let the Planning
Commission weigh in. He asked if more time is needed? He explained that Commissioners cannot have
discussions outside of a public meeting that lead to decisions. The issue of marijuana and the
moratorium could not be shared among the Commissioners ahead of time.
County Administrator Morley stated that in regard to processing, it would be subject to Cottage Industry
regulations within Rural Residential zones. He suggested working on Alternative 2 and modifying it
from there. Working on the concept that Chairman Sullivan developed, the moratorium would exempt,
to allow to proceed ahead, indoor production of marijuana on any parcel greater than five (5) acres
designated Residential 1:10 and Residential 1:20. Also allowed would be indoor production of
marijuana, in a temporary structure, on a parcel of land greater than five (5) acres in Residential 1:5. The
distinction being that it would be in a temporary structure as opposed to a permanent structure. Outdoor
production of marijuana on any size parcel designated Residential 1:5, 1:10 or 1:20 would be allowed.
Processing of marijuana as a Cottage Industry, at any parcel designated Residential 1:5, 1:10 or 1:20.
Commissioner Kler stated she was on Board with that version. Chairman Sullivan stated that it would
address the loophole of "temporary" structures.
Commissioner Johnson voiced concern that outdoor marijuana could basically happen anywhere.
Chairman Sullivan clarified that it would still have all the existing rules. Commissioner Johnson stated
that neighborhoods could be potential theme parks for marijuana. Chairman Sullivan noted that in rural
residential properties, there is not a sidewalk and they would not be in a neighborhood if the parcel is
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Commissioners Meeting Minutes of February 9, 2015 3
five (5) acres or more. For a Tier 1, 2 and 3, 30,000 square feet is not much of a five (5) acre parcel.
County Administrator Morley noted that Director Smith stated that the County's Cottage Industry
requires one (1) acre in size.
Commissioner Kler made a motion adopting ORDINANCE NO. 01-0209-15 re: Extending and
Modifying Ordinance #07- 0811 -14, Prohibiting the Production and Processing of Recreational
Marijuana in Certain Land Use Designations within Unincorporated Jefferson County AND Establishing
a Work Plan for the Planning Agency that exempts from the moratorium production and processing of
marijuana at a parcel or parcels designated AP -20 Prime Agricultural Land or AL -20 Agricultural Lands
of local importance. Production and processing of marijuana at parcel or parcels designated Forestry
Reserve Lands including CF -80 Commercial Forests, RF -40 Commercial Forests or IF Inholding Forest
lands. Indoor production of marijuana at any parcel of land greater than five (5) acres in size and
designated as Rural Residential 1:10 or Rural Residential 1:20, indoor production of marijuana in a
temporary structure on any parcel of land greater than five (5) acres in size and designated as Rural
Residential 1:5, outdoor production of marijuana on any size parcel designated Rural Residential 1:5,
Rural Residential 1:10 or Rural Residential 1:20, processing of marijuana as a Cottage Industry at any
parcel sized one acre or more designated in a Rural Residential 1:5, Rural Residential 1:10 or Rural
Residential 1:20, production and processing of marijuana at a parcel or parcels designated Rural
Industrial including Light Industrial Commercial, Glenn Cove Light Industrial, Glenn Cove Light
Industrial Manufacturing and Heavy Industrial. Commissioner Johnson seconded the motion. He
recommended having a meeting with the Planning Commission on what direction to go.
Chairman Sullivan stated he talked to a member of the Planning Commission who told him that they
were planning on meeting more frequently to get this done faster than four months. He asked for further
discussion, then called for a vote on the motion. The motion carried by a unanimous vote.
The moratorium was enacted at 11:37 a.m. February 9, 2015.
Chairman Sullivan stated that he drafted a letter regarding giving the Planning Commission direction.
He submitted the draft letter for the record.
DELIBERATION on Proposed Noise Ordinance: County Administrator Philip Morley
stated that the Board of County Commissioners (BOCC) held a hearing on November 24, 2014
regarding a proposed Noise Control Ordinance. In December, the Board gave staff final direction on
refinements to the draft ordinance. After considering oral and written public testimony, the Board
deliberated and passed a motion on December 22, 2014 to submit the final draft to the Washington State
Department of Ecology (DOE) for review.
Staff forwarded the proposed noise ordinance to DOE who reviewed it and notified the BOCC they had
no comments to provide. Staff asked for clarification and collaboration from DOE to make sure that
since the County is operating under state law, we are exempt from needing to do additional work on the
State Environmental Protection Act (SEPA). On January 30, 2015 the BOCC received a letter from
DOE that the proposed ordinance falls under exemption from SEPA.
County Administrator Morley noted that the action in November and December 2014 was taken by a
prior Board. In January, Commissioner Kler joined the Board. He added that Commissioner Kler has
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Commissioners Meeting Minutes of February 9, 2015
Qn�T
been provided with a written copy of the record and given audio recongs of the public hearing and
proceedings so she can listen to the oral testimony. Commissioner Kier acknowledged that she has
reviewed all materials in full.
County Administrator Morley stated that at this time, the Board could take formal final action on the
proposed Noise Ordinance.
Commissioner Kler stated that neighboring counties Island, San Juan and Clallam, are all in discussions
with the United States Navy regarding noise impact from growlers. She asked if by approving the
proposed noise ordinance, if it meant exempting in -flight noises. Chairman Sullivan replied that the
County is limited on controlling the Navy through County ordinances. Commissioner Kler noted that
aircraft noise was referred to in the ordinance. County Administrator Morley stated that if it did apply,
they could not be cited as a nuisance under County Code.
Commissioner Mer moved to adopt ORDINANCE NO. 02- 0209 -15 Establishing Noise Control
Regulations for Jefferson County. She stated that this ordinance has been a long time coming and past
Commissioner John Austin would have liked to have approved the ordinance. Commissioner Johnson
seconded the motion which carried by a unanimous vote.
The meeting was recessed at 11:47 a.m. and reconvened in the Commissioners Chambers
at the Jefferson County Courthouse at 1:37 p.m. with all three Commissioners present.
EMERGENCYRESOLUTION. Department of Emergency Management Director Bob
Hamlin presented a resolution regarding damage to County roads for the Board to review. County
Administrator Philip Morley stated that Oil City Road is in need of immediate repair. Due to gravel bars
on the river, the river is pushing up against the land, eroding 20 feet of land per day. Six months ago,
rocks were placed along the banks, but they may not be enough to hold it.
Chairman Sullivan stated that he received a phone call from Senator Maria Cantwell's staff on this issue.
He also spoke with the Department of Emergency Management's Director Bob Hamlin who stated that
Senator Patty Murray's staff had spoken to him as well.
Commissioner Kler moved to approve RESOLUTION NO. 09-15 re: Declaration of Damage to County
Roads Due to a Series of Storms Beginning February I, 2015. Commissioner Johnson seconded the
motion which carried by a unanimous vote.
Presentation and Letter(s) of Support re: Washington Coast Restoration Initiative
(WCRI): Hoh River Trust (HRT) Director of Land Management Mike Hagen and Jefferson County
designated representative Jill Silver were present to brief the Board on the Washington Coast
Restoration Initiative (WCRI) and specifically talked about Oil City Road in the County's West End.
Mr. Hagen stated that the Hoh River Trust is asking WCRI for design assistance, permit applications for
the next 6 -9 months and other necessities to work on bank stabilization for Oil City Road. He gave a
power point presentation which depicted other farms in the nearby area in danger of losing property to
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Commissioners Meeting Minutes of February 9, 2015
RAFT
the river as well. Large rocks were stacked near the edge of the JWThe idea behind this is that it will
fall in by itself as it is undercut, mix in with the cable trees and will be an ugly, but effective bandage for
that area. It will cost around $200,000 for temporary protection and labor in this area. The County road
would need to be repaired or moved.
County Administrator Philip Morley stated the Commissioners just approved an emergency resolution
for damage to Oil City Road and he asked how will the organizations work together? Mr. Hagen replied
that the organizations would participate in share funding. County Administrator Morley asked who
would be responsible for permitting, Public Works? Mr. Hagen stated that he imagined that
responsibility would be shared and that they have worked with Public Works Director Monte Reinders
on many similar projects in the past.
Mr. Hagen stated there are two proposed letters, one would go to the senate and one to the state
legislature. The letters need to be sent this month due to the urgency. He stated that nearby farms have
lost 80% of their land. He added that with six high flows this year, the river has moved to another side of
the watershed. They have determined that it used to take around 100 years for the river to naturally
move side to side. As a result of climate change and young forests, the river now changes its course
around every 30 years. It is very difficult to control a river when it is overly widened.
Ms. Silver stated that the WCRI has a long list of projects and priorities. She gave a power point
presentation and talked about invasive species and noxious weeds jeopardizing waterways in Jefferson
County. She urged the Commissioners to make the case that there is a benefit in making an investment
not just for our County, but the entire coast. As there are five projects, initially Ms. Silver and Director
Hagen wished to send out five separate project letters. The Board discussed the possibility of combining
these letters instead.
Public Works Director Reinders will be working on Oil City Road as part of the Emergency Resolution
for immediate repairs. The letter pertaining to the Oil City Road project is more related to performing
follow -up work and long term bank stability.
County Administrator Morley suggested that Public Works staff take a week to coordinate with Director
Hagen and Ms. Silver to figure out if the County should send separate letters or one coordinated letter.
Ms. Silver and Director Hagen agreed.
BRIEFING re: Navy Joint Land Use Study (JLUS): Department of Community
Development (DCD) Associate Planner Joel Peterson briefed the Board on the Navy Joint Land Use
Study. Following is an excerpt from the Agenda materials presented:
"A Joint Land Use Study (JLUS) is a cooperative land use planning effort between local government
and military installations. This study leads to a policy framework and implementation measures to
reduce orprevent conflicts between communities and military missions at Naval Base Kitsap installation
and Naval Magazine Indian Island. The study fulfills Growth Management Act (GAM) requirements to
coordinate with military installations when amending Comprehensive Plans and Development
Regulations (RCW 36 70A. 530).
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Commissioners Meeting Minutes of February 9, 2015
The Naval Base Kitsap and Naval Magazine Indian Island JL USIN 19 -month effort that began in April
2013, and includes public workshops to identify potential land use, shoreline use, water, transportation
and infrastructure issues; and to identify conflicts and develop resolution strategies. The project is
funded by the Department of Defense (DOD) Office of Economic Adjustment (OEA), is managed by
Kitsap County and includes participants from Kitsap, Jefferson and Mason Counties, cities and tribal
governments. A project website is maintained at www.kiiilus. com.
The JLUSproject is organized into four phases: 1) Introduce Project and Identify Issues; 2) Refine
Issues and Draft Strategies; 3) Refine and Prioritize Strategies; and 4) Develop, Refine and Issue JL US
Report. The project is currently in Phase 3, and Public Workshop #2 is forthcoming on February 17,
2015 from 6 :00 -7 :30 p. m. at the Tri -Area Community Center to review conflict resolution strategies.
The project is overseen by Policy and Technical Committees. The Policy Committee consists of elected
and appointed public off cials from local jurisdictions, senior military officials, tribal government
leaders and key stakeholder representatives. The Technical Committee is comprised of stafffrom local
jurisdiction planning departments, military installations and key stakeholders. Public input is gathered
at the Public Workshops and can be provided at the website. "
Associate Planner Peterson stated that the JLUS is great for our County because we are currently
developing the Comprehensive Plan update. JLUS has a broad scope and is mainly geared toward Kitsap
County, however, areas in Dabob Bay and Naval Magazine Indian Island is where Jefferson County is
involved. Of the $650,000 grant for the JLUS, about $40,000 will go toward project work in Jefferson
County. He explained that there have been some conflicts in other counties and our County's conflicts
included the Pleasant Harbor Master Planned Resort, Pit to Pier project, future planning challenges for
use of Dabob Bay training area and increase in community use of these waters. At Naval Magazine
Indian Island, there are some challenges, but they are not as critical. The main issue is preserving the
safety of the truck route to the island. The report will be finalized in July, 2015.
Chairman Sullivan stated that he has attended some of the JLUS meetings and noted that there may be
road funding opportunities available. Associate Planner Peterson noted that will be mentioned in the
final report.
Commissioner Kler asked what kind of public notification on JLUS has there been? Associate Planner
Peterson replied that there has been press releases posted in the local newspapers and information is sent
to interested parties and posted on the Jefferson County website.
LETTER OF SUPPORT re: SB 5669 Local Rural Mover License: Commissioner Kler
moved to submit a letter regarding SB 5669 regarding the creation of a "Local Rural Mover License,"
which would affect Washington's existing Household Good Mover law. Commissioner Johnson
seconded the motion which carried by a unanimous vote. The letter will be sent to Senator Hargrove,
Representative Van De Wege and Representative Tharinger.
The meeting was recessed at 2:51 p.m. and reconvened at 3:00 p.m. with all three
Commissioners present.
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Commissioners Meeting Minutes of February 9, 2015'
DISCUSSION re: Marijuana Ordinance: County Administrator Morley explained that
the purpose of the afternoon discussion is to work on giving the Planning Commission and the
Department of Community Development direction on how to move forward now that a four month
moratorium has been adopted. He stated that the challenge is balancing limitation of time and he
suggested that the Board keep in mind that what is accomplished on this in the next four months does
not need to be the all end all. There will be opportunities after the four months to follow up with
refinement down the road. He added that while we want to get as much done as we can, we don't
necessarily need perfection at this point.
Chairman Sullivan stated that his main concern is regarding temporary structures. He submitted a draft
letter for the Planning Commission which addresses that issue.
County Administrator Morley explained that if the scope is broadened too much, the Planning
Commission will have a hard time to get their work done in the four month timeframe.
The Board discussed ideas on the direction they would suggest the Planning Commission head in.
Chairman Sullivan would like the Planning Commission to address the definition of temporary
structures. DCD Director Carl Smith stated that his department has wrestled with the word "temporary"
and what it means. There is a need to set reasonable standards.
County Administrator Morley stated that there needs to be clarification on the questions regarding the
definition of temporary. Is it required to be moved or can it stay there for a decade? When does
"temporary" become permanent? He commented later in the meeting that if the Planning Commission
started getting into the issue of temporary structures, they could spend the entire four months dealing
with that issue alone.
Director Smith stated that he would like to strengthen Cottage Industry setbacks. He suggested that
current Washington State Liquor Control Board (LCB) regulations state you must have a 20 foot
perimeter for setback, but it does not state it has to be on your land. It is presumptive, but it could
potentially overlap a neighboring property and the County would have no recourse if it was not
addressed in the County Code. Commissioner Kler stated that she has noticed that some other counties
push their setbacks much further, some up to 275 feet. Chairman Sullivan asked if you have a one size
fits all for setbacks, does that meet all purposes? County Administrator Morley replied that an 8 foot,
site obscuring, setback applies to that.
Chairman Sullivan explained that the Board of County Commissioners (BOCC) does not micro -manage
the Planning Commission. He added that the Planning Commission could come up with other issues and
solutions that the BOCC did not think of County Administrator Morley noted that without a certain
amount of direction and focus provided by the BOCC, there is a risk that the Planning Commission
could end up wandering around and addressing many things taking up more time. The scope of what
they would try to do may be too broad. He asked if the Board will be okay with adopting their
suggestions? He suggested not wasting the Planning Commission's time and letting them know the
expectations of the BOCC.
Director Smith stated he attended the last Planning Commission meeting and input and direction from
the BOCC would be welcomed. He stated that the letter to the Planning Commission should be very
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Commissioners Meeting Minutes of February 9, 2015 P A T EK
targeted. It should say these items are on the table, and these items are off the table. He noted that there
is a capacity issue also and DCD cannot do it all.
Chairman Sullivan will clarify the proposed direction for review and input by Director Smith and
County Administrator Morley, with a refined scope to be presented at the February 17, 2015 BOCC
meeting.
COUNTYADMINISTRATOR BRIEFING SESSION: County Administrator Philip
Morley reviewed the following with the Board.
Miscellaneous Items
• Paradise Bay Road project: Public Works Engineering Services Manager Jon Watson and Public
Works Engineer III John Wayand were present. Public Works staff presented project prior to
placing bid invitation on the February 17, 2015 Board of County Commissioners (BOCC)
meeting.
• HB 1997, Steve Tharinger sponsor. Allows community facility districts in Limited Areas of More
Intense Rural Development (LAMIRD).
• Tourism Coordinating Council (TCC) and Lodging Tax Advisory Committee (LTAC) contract
updates.
Calendar Coordination
• Chairman Sullivan will be attending a Senior Association meeting on February 10, 2015.
• Commissioner Kler will be attending a Tourism Alliance Summit on February 12, 2015.
• Chairman Sullivan will be attending an OlyCAP workshop on February 12, 2015.
• Commissioner Kler will be attending an Olympic Workforce Community Development meeting
on February 13, 2015.
• Chairman Sullivan will be attending a Peninsula Development District (PDD) Sub - Committee
meeting on February 18, 2015.
• There will be a Peninsula Regional Transportation Planning Organization (PRTPO) meeting on
February 20, 2015.
• Chairman Sullivan will be attending the Peninsula Regional Transportation Planning
Organization (PRTPO) on February 20, 2015.
• There will be a Quilcene Community meeting on February 28, 2015.
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Commissioners Meeting Minutes of February 9, 2015
NOTICE OFADJOURNMENT: Commissioner Johnson moved to adjourn the meeting
at 4:32 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Kler
seconded the motion which carried by a unanimous vote.
SEAL:
ATTEST:
Carolyn Avery
Deputy Clerk of the Board
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David Sullivan, Chair
Phil Johnson, Member
Kathleen Kler, Member
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Q�SkI rro�0
District No. 1 Commissioner: Phil Johnson
District No. 2 Commissioner: David W. Sullivan
District No. 3 Commissioner: Kathleen Kler
County Administrator: Philip Morley
Clerk of the Board: Erin Lundgren
MINUTES
Week of February 17, 2015
� oeaFr
Chairman David Sullivan called the meeting to order at the appointed time in the
presence of Commissioner Phil Johnson and Commissioner Kathleen Kler.
PUBLIC COMMENT PERIOD: The following is a summary of comments made by
citizens in attendance at the meeting and reflect their personal opinions:
• A citizen stated: 1) He is concerned there is not a large market for marijuana; and 2) He has heard that
the best marijuana is grown in Brinnon.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner
Johnson moved to approve all the items on the Consent Agenda as presented. Commissioner Kler
seconded the motion which carried by a unanimous vote.
I. RESOLUTION NO. 10 -15 re: Re- establishing Jefferson County Cash Drawer, Petty Cash
Account and Revolving Fund Amounts in Various County Departments
2. CALL FOR BIDS re: Upper Hoh Road MP 3.3 Culvert Replacement; Bids Accepted Until 9:30
a.m. and Opened and Read Publicly at 10:00 a.m. or shortly thereafter on Monday, March 16, 2015
in the Commissioners' Chambers; Jefferson County Courthouse
3. AGREEMENT re: Project Administration and Management; In the Amount of $165,000;
Jefferson County Public Health; Hood Canal Coordinating Council (HCCC)
4. AGREEMENT, Amendment No. 4 re: Therapeutic Court Case Management Services;
Additional Amount of $11,838, not to exceed $158,338; Jefferson County Public Health; Safe
Harbor Recovery Center
5. AGREEMENT re: Conservation Futures Fund Grant Acquisition; Short Family Farm Easement;
In the Amount of $243,500; Jefferson County Public Health; Jefferson Land Trust
6. AGREEMENT re: 2015 Funding to Promote Conservation, Protect and Improve Water Quality;
In the Amount of $47,100; Jefferson County Administrator; Jefferson County Conservation
District
7. AGREEMENT re: Website Development for Tourism Coordinating Council; In the Amount of
$1,450; Tourism Coordinating Council (TCC); Steve Shively
8. AGREEMENT re: Digital Media Management for Tourism Coordinating Council; In the Amount
of $4,200 plus Expenses; Tourism Coordinating Council (TCC); Steve Shively
9. Advisory Board Appointment; Jefferson County Parks and Recreation Advisory Board; Two (2)
Year Term Expires February 17, 2017; District #1 Representative, Dane Locklear
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Commissioners Meeting Minutes of February 17, 2015 RA��
10. Payment of Jefferson County Vouchers/Warrants Dated February 9, 2015 Totaling
$378,230.59 and Dated February 10, 2015 Totaling $1,224.59
11. Payment of Jefferson County A/P Warrants Done by Payroll Dated February 5, 2015 Totaling
$719,596.24
COMMISSIONERS BRIEFING SESSION: The Commissioners each provided
updates on the following items:
Chairman Sullivan
- Attended a Port Townsend Senior Center annual meeting last week.
- Attended an OlyCAP retreat last week.
- Visited flood damaged areas of Brinnon last weekend.
- Will be attending a Jefferson Transit open house this week.
- Will be attending a Peninsula Regional Transportation Planning Organization (PRTPO) meeting this
week.
Commissioner Johnson
Will be attending an Ecosystem Coordination Board (ECB) meeting in Olympia this week.
Commissioner Kler
- Attended the Tourism Alliance Summit last week.
- Attended Legislative Steering Committee (LSC) meetings last week and updated the Board on new
legislation.
- Will be attending a Students for Safe Schools Advisory Board meeting this week.
- Will be attending an LSC meeting in Olympia this week.
- Will be attending an Olympic Consortium Board Peninsula Regional Support Network (PRSN)
meeting this week.
BID OPENING re: Safe Routes To School (SRTS) SR19 and West Valley Road Project
No. 1805951917, WSDOT Project No. HLP -SR12 (003): Public Works Engineer Eric Kuzma explained
that the Bid Opening is a project for improvement of pedestrian safety at the corner of SRI and West
Valley Road. They will be removing the flashing light and adding pedestrian amenities such as curbouts
and pedestrian activated flashing lights. The pedestrian crossing on West Valley Road will be improved
as well. A short trail will be built from the intersection down to Fern Way, joining up with the Rick
Tollefson Trail. The Washington State Department of Transportation SRTS grant is fully funding this
project. The engineer's estimate is $191,425.00. Mr. Kuzma read aloud the following five bids:
BIDDER
BID AMOUNT
C &J Excavating
$190,112.91
Lakeside Industries
$204,622.83
Primo Construction
$215,911.73
Sound Excavation
$202,675.48
Interwest Construction, Inc.
$233,992.77
Public Works staff will review the bids and submit a recommendation for bid award to the Board at a
future date.
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Commissioners Meeting Minutes of February 17, 2015
CRAFT Eli
COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip
Morley reviewed the following with the Board during the morning session. The afternoon session of the
County Administrator Briefing was cancelled.
Miscellaneous Items:
• Chairman Sullivan will be meeting with County Administrator Morley and Department of
Community Development (DCD) Director Carl Smith regarding a draft letter to the Planning
Commission on narrowing their scope on marijuana implementation in Jefferson County. The
letter will be reviewed by the Board for approval before sending to the Planning Commission.
DCD workload and the possibility of adding temporary staff, and DCD fees were also discussed.
• Chairman Sullivan will be meeting with Daryl Williams during the afternoon on February 17,
2015.
• Commissioner Kler met with Jefferson Transit staff and toured their existing facilities.
NOTICE OFADJOURNMENT. Commissioner Kler moved to adjourn the meeting at
10:26 a.m. until the next regular meeting or special meeting as properly noticed. Commissioner Johnson
seconded the motion which carried by a unanimous vote.
SEAL:
ATTEST:
Carolyn Avery
Deputy Clerk of the Board
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David Sullivan, Chair
Phil Johnson, Member
Kathleen Kler, Member
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MN
09
District No. 1 Commissioner: Phil Johnson
District No. 2 Commissioner: David W. Sullivan
District No. 3 Commissioner: Kathleen Kle
County Administrator: Philip Morley DRAFT
Clerk of the Board: Erin Lundgren
MINUTES
Week of February 23, 2015
Chairman David Sullivan called the meeting to order at the appointed time in the
presence of Commissioner Phil Johnson and Commissioner Kathleen Kler.
PUBLICCOMMENTPERIOD: The following is a summary of comments made by
citizens in attendance at the meeting and reflect their personal opinions:
• Two citizens commented on the Department of Community Development's (DCD) length of time
issuing a permit;
• Three citizens commented on a precarious tree in Port Ludlow;
• A citizen expressed appreciation for upcoming improvements to roads in Port Ludlow;
• A citizen thanked the Board of County Commissioners (BOCC) for their support of the Port Townsend
Senior Association and Community Center;
• A citizen stated: 1) There is new legislation moving forward that would legalize the production of
industrial hemp; and 2) DCD is an enterprise- funded organization;
• A citizen informed the Board of two Senate Bills that could affect the outcome of the proposed Pit -to-
Pier project; and
• A citizen commented on the brutality of the Islamic State of Iraq and Syria (ISIS) and stated that
Armageddon is only a few years away.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner
Johnson moved to approve all the items on the Consent Agenda as presented. Commissioner Kler
seconded the motion which carried by a unanimous vote.
1. CALL FOR BIDS re: Paradise Bay Road, Phase II Project; Bids Accepted Until 10:00 a.m. and
Opened and Read Publicly at 10:30 a.m. or shortly thereafter on Monday, March 23, 2015 in the
Commissioners' Chambers; Jefferson County Courthouse
2. AGREEMENT re: 2015 Community Services Grant Funding; In the Amount of $12,900; Port
Townsend Senior Association
3. AGREEMENTS (3) re: 2015 Hotel Motel Grant Funding; 1) In the Amount of $55,664; Jefferson
County Historical Society; 2) In the Amount of $58,500; Jefferson County Historical Society —
Gateway Visitor's Center; and 3) In the Amount of $91,425; Tourism Coordinating Council (TCC)
4. AGREEMENT re: Marketing Coordinator Services; In the Amount of $1,000 per Month;
Tourism Coordinating Council (TCC); Steve Shively, DBA S3 Solutions
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Commissioners Meeting Minutes of February 23, 2015
5. AGREEMENT re: Marine Education Programs, Materials and i es; M a_
Amount of $17,444; Jefferson County Public Health; Feiro Marine Life Center
6. Payment of Jefferson County Vouchers/Warrants Dated February 16, 2015 Totaling
$606,099.94 and Dated February 18, 2015 Totaling $48,288.48
7. Payment of Jefferson County A/P Warrants Done by Payroll Dated February 6, 2015 Totaling
$129,575.41
COMMISSIONERS BRIEFING SESSION: The Commissioners each provided
updates on the following items:
Chairman Sullivan
- Attended Quilcene Fire Chief Moe Moser's memorial last weekend.
- Stated the Olympic Discovery Trail is celebrating its 100' anniversary this year. The Dungeness
River in Sequim is causing problems for the trail.
- Will be attending a pre- certification meeting with Auditor's Office staff this week.
Commissioner Johnson
- Attended an Ecosystem Coordination Board (ECB) meeting in Olympia last week.
- Attended a Hood Canal Coordinating Council (HCCC) meeting last week. They are helping to reduce
the amount of landslides that could affect the shellfish industry.
Commissioner Kler
- Attended a Students for Safe Schools Advisory Board meeting last week.
- Attended a Legislative Steering Committee (LSC) meeting in Olympia last week.
- Attended a Jefferson Health Board meeting last week where the challenges of vaccination in Jefferson
and Clallam counties were discussed.
- Attended an Olympic Consortium Board Peninsula Regional Support Network (PRSN) meeting last
week.
- Will be meeting with the Naval Magazine Indian Island Commander this week.
- Will be meeting with the Historical Society regarding the Research Center this week.
- Will be meeting with the new director of Mental Health this week.
- The Navy is holding a public meeting at the Chimacum High School Tuesday, March 3, 2015.
APPROVAL OFMINUTES: Commissioner Kler moved to approve the Regular
Meeting Minutes of November 24, 2014 and December 1, 2014 and the Emergency Meeting Minutes of
November 26, 2014 as presented. Commissioner Johnson seconded the motion which carried by a
unanimous vote.
CERTIFICATION of ANNUAL INVENTORY of the CAPITALIZED ASSETS as of
December 31, 2014: Clerk of the Board and Human Resources Manager Erin Lundgren stated that each
year, the Board of County Commissioners must certify the annual inventory of the capitalized assets.
Each Board member swore under oath that the statements made in the inventory certification are true.
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Commissioners Meeting Minutes of February 23, 2015
€
RA T
The meeting was recessed at 9:56 a.m. and reconvened at 10:09 a.m. with all three
Commissioners present.
ADDITIONAL BUSINESS re: Jefferson Audio Video Systems (JAVS) Contracts for
Superior Court and Board of County Commissioners (BOCC): County Administrator Philip Morley
noted that Superior Court and the Board of County Commissioners (BOCC) have contracts with JAVS
for maintenance of audio and video recording systems which are set to expire March 1, 2015. The Board
reviewed the contracts.
Commissioner Johnson moved to approve the JAVS maintenance contract for the audio and video
recording system located in the Superior Court Courtroom. Commissioner Kler seconded the motion
which carried by a unanimous vote.
Commissioner Kler moved to approve the JAVS maintenance contract for the audio recording system
located in the BOCC Chambers. Commissioner Johnson seconded the motion which carried by a
unanimous vote.
LETTER re: Transportation of Rail Oil: Commissioner Sullivan brought forward a draft
letter regarding support of HB 1449 and SB 5087 concerning oil transportation safety. The
Commissioners discussed the impact of the increased number of ships in the Puget Sound area.
Commissioner Johnson stated he would like to request that ships be double hull and escorted by tug
boats through the Puget Sound. He added that he would like the letter to include a localized paragraph to
make it more customized to our County and he would bring the draft to the afternoon session.
The meeting was recessed at 11:11 a.m. and reconvened at 1:33 p.m. with all three
Commissioners present.
CONTINUED: LETTER re: Transportation of Rail Oil: Based on discussion during the
morning Commissioner Johnson presented the amended draft letter for consideration. Commissioner
Johnson moved to approve sending a letter to Chairman Joe Fitzgibbon and the members of the House
Environment Committee regarding HB 1449 and SB 5087 Transportation of Rail Oil Safety.
Commissioner Kler seconded the motion which carried by a unanimous vote.
UPDATE re: 2014 Noxious Weed Control Board Program Accomplishments and
Status Report: Noxious Weed Control Board member Jill Silver gave a presentation on the noxious
weed program. Washington State University (WSU) Extension Director Laura Lewis and WSU Master
Gardener Jill Bacchieri were in the audience.
Ms. Silver stated that the program dealt with a lot of "botanical bullies" in 2014. She explained that
noxious weeds can have a big impact to human health and safety, forests, farmlands and other lands.
Page 3
Commissioners Meeting Minutes of February 23, 2015
Some of the ways that seeds can be spread is by people, roads, me
development, gardening, landscaping, recreation, wind, water and
There will be a brochure coming out soon regarding the bee population. She explained that she is "anti -
spray" when it comes to most noxious weeds and less than two miles of County roads required spraying
in 2014. They have a tool loan program for tackling weeds and they work on outreach and education. In
2015, they anticipate the need to purchase new tools.
Tansy Ragwort, Foxglove and Poison Hemlock are the poisonous plants in our area. Ms. Silver named
Wild Chervil, Poison Hemlock, Reed Canary Grass, Knotweeds, Butterfly Bush, Knapweeds,
Everlasting Peavine, Yellow Archangel, Teasel and Scotch Broom as the top 10 invasive plants in our
County. She added that there are a lot of volunteers who are tackling Scotch Broom.
In 2015, the Noxious Weed program would like to hire and train new staff, continue and expand
outreach, conduct a database update and website update, conduct volunteer coordination and continue
tool loans. Ms. Silver stated that it is difficult to get volunteers to work on the road. It is not only
dangerous, but can also pose liability issues.
Director Lewis stated that they are working on filling a position for the Noxious Weed program. The
position will be a contract position and the new employee will be housed at the WSU Extension office.
COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip
Morley reviewed the following with the Board.
Calendar Coordination
• There will be an Election Certification on February 24, 2015.
• Commissioner Kler will be attending a Culinary Tour on February 24, 2015.
• Commissioner Johnson will be attending an Ecosystem Regional Network (ERN) meeting on
February 27, 2015.
• All 3 Commissioners will be attending a meeting at the Quilcene Community Center on
February 28, 2015.
• Commissioner Kler and Commissioner Johnson will be attending a Kiwanis Teen Award
presentation on March 1, 2015.
• Commissioner Kler will be attending a Hargrove Committee meeting on March 3, 2015.
• Commissioner Kler will be attending a Parks and Recreation Advisory Board (PRAB) retreat on
March 4, 2015.
• Commissioner Kier will be attending a Legislative Steering Committee (LSC) meeting on March
4, 2015.
• Commissioner Johnson will be out of the office on March 5, 2015.
• Commissioner Kler will be touring Indian Island with Commander Yesunas on March 6, 2015.
Chairman Sullivan and Commissioner Kler will be attending a Chimacum High School Teen
substance abuse presentation on March 9, 2015.
• Commissioner Johnson will be attending an Olympic Regional Clean Air Agency (ORCAA)
meeting on March 11, 2015.
• There will be a County Board of Health meeting on March 19, 2015.
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Commissioners Meeting Minutes of February 23, 2015
DRAFT Kc
Commissioner Kler will be attending a Newly Elected Officials orientation on March 24, 2015.
County Administrator Morley will be attending a Washington Counties Risk Pool (WCRP)
Conference on March 26 -27, 2015.
Commissioner Kler will be out of the office March 31, 2015 — April 4, 2015.
Miscellaneous Items
• Washington Coast Restoration Initiative (WCRI) and Oil City Road project.
• Department of Community Development (DCD) staffing.
• Saia claim.
• Blackpoint update.
2015 Legislative Session:
• Real Estate Excise Tax (REET) bill to align 2 BEETS and open for O &M moving forward.
• Senator Ranker and Senator Hargrove are working to de -fang SB5111 Project of Statewide
Significance.
• McCleary and Initiative on class size driving state budgeting. Funding commitment to Tribes on
culverts not being fulfilled.
Utility Tax bill has no leader in the Senate.
Open Public Meetings Act (OPMA) Training: Chief Civil Deputy Prosecuting Attorney David
Alvarez held a presentation of the State Attorney General's Office (AGO) OPMA training.
• 2 or more Commissioners — attend but do not participate, or 1 Commissioner be spokesperson,
others just observe.
Attorney Alvarez presented online training from the AGO and answered questions.
Parks and Recreation Open Space: Parks and Recreation Manager Matt Tyler and Public Works
Director /County Engineer Monte Reinders were present. The Draft Plan was previously distributed to
the Commissioners and was linked to the agenda on the website; PowerPoint presentation was given.
• Enough acreage for the next 20 years.
• Capital needs to maintain/improve:
o $1.7 Million (1" six years) + $2.45 Million (next 14 years) = $4.15 Million Total
DISCUSSION re. Guidance to the Planning Commission: The Board approved
Ordinance No. 01- 0209 -15 on February 9, 2015 "Extending and Modifying Ordinance No.
07- 0811 -14 Prohibiting the Production and Processing of Recreation Marijuana in Certain Land Use
Designations within Unincorporated Jefferson County AND Establishing a Work Plan for the Planning
Agency..." As a result, the Board agreed they would like to give the Planning Commission direction.
County Administrator Philip Morley suggested the Board make a motion authorizing Chairman Sullivan
to represent the Board of County Commissioners (BOCC) at the next Planning Commission meeting.
Commissioner Kler moved to authorize Chairman Sullivan to represent the Board of County
Commissioners (BOCC) at the next Planning Commission meeting and relay the wishes of the Board
and the plans laid out by the Department of Community Development (DCD) and to clarify and direct
Page 5
Commissioners Meeting Minutes of February 23, 2015
r
focus on their considerations on the agriculture review process. Commissioner Johnson seconded the
motion which carried by a unanimous vote.
DCD Director Carl Smith stated that the moratorium expires on June 11, 2015 and there is still a lot of
work to do. He added that the Planning Commission will be meeting the first week of March and a
Special Meeting may be called on March 18, 2015 to keep the ball rolling. If the Planning Commission
can make a recommendation before May, it will give the BOCC time to hold additional meetings prior
to adoption.
LETTER re: Washington Coast Restoration Initiative (WCRI): County Administrator
Philip Morley presented a draft letter in support of the Washington Coast Restoration Initiative (WCRI).
Unlike the draft, the final letter will not mention a local match.
Commissioner Johnson moved to authorize the Chair to sign a letter in support of the Washington Coast
Restoration Initiative with edits made by the County Administrator. Commissioner Kler seconded the
motion which carried by a unanimous vote.
NOTICE OFADJOURNMENT: Commissioner Kler moved to adjourn the meeting at
4:26 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Johnson
seconded the motion which carried by a unanimous vote.
SEAL:
F.V0=1`4111
Carolyn Avery
Deputy Clerk of the Board
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David Sullivan, Chair
Phil Johnson, Member
Kathleen Kler, Member
Page 6
04 W1�/
ON
1ftA
�4
IN t0
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
MINUTES
Week of March 2, 2015
Chairman David Sullivan called the meeting to order at the appointed time in the
presence of Commissioner Kathleen Kler. Commissioner Phil Johnson was absent.
DRAFT
PUBLIC COMMENT PERIOD: The following is a summary of comments made by
citizens in attendance at the meeting and reflect their personal opinions:
• A citizen urged the Commissioners to research Cannabidiol (CBD) and stated that alcohol is much
deadlier than marijuana;
• A citizen stated: 1) Climate change is here and will affect our state; and 2) Larger marijuana businesses
will force smaller marijuana operations out of business by lowering prices;
• A citizen thanked the Board of County Commissioners (BOCC) for their recent decisions on a variety
of items and urged the Board to place audio recordings of the BOCC meetings online; and
• A citizen thanked Commissioner Kler for her collaboration with Senator Hargrove which led to an
amendment of Senate Bill 5111. He also noted that 120 Washington residents died from the flu this
season and urged everyone to get the flu shot.
APPROVAL AND ADOPTION OF THE CONSENTAGENDA: Commissioner Kler
moved to approve all the items on the Consent Agenda as presented. Chairman Sullivan seconded the
motion. The motion carried.
1. BID AWARD re: Chimacum Safe Routes to School (SRTS), State Route 19 and West Valley
Road, County Project No. 1805951917, WSDOT Project No. HLP- SR12(003); In the Amount of
$190,112.91; Jefferson County Public Works; C & J Excavating, Inc.
2. BID AWARD re: Management of Fleet, Public Works and Facilities Software; In the Amount of
$166,733.97; Jefferson County Central Services; Cascade Software Systems, Inc.
3. AGREEMENT NO. 1896- SARGENT -2, Supplemental No. 3 re: Upper Hoh Road Culvert
Replacements, M.P. 3.33, M.P. 4.38 and M.P. 6.95, Federal Aid No. PLH- A160(001), County
Project No. CR1896; An Additional Amount of $49,398 for a Total Amount of $448,323;
Jefferson County Public Works; Sargent Engineers, Inc.
4. AGREEMENT re: Jefferson County Courthouse Roof Repair; Amount Not to Exceed $10,000;
Jefferson County Central Services; Queen City Sheet Metal & Roofing, Inc.
5. AGREEMENT re: Jefferson County Courthouse Chimney Repair; Amount Not to Exceed $4,800;
Jefferson County Central Services; Hicks Brick and Stone
6. AGREEMENT re: 2015 Hotel Motel Grant Funding; In the Amount of $56,164; North Hood
Canal Chamber of Commerce and Visitor's Center
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Commissioners Meeting Minutes of March 2, 2015
rTArT N=
7. AGREEMENT re: 2015 Community Services Grant Funding; In the Amount of $129,900;
Olympic Community Action Programs (OlyCAP)
8. Advisory Board Resignation re: Jefferson County Board of Equalization; Alternate, Henry
Werch
9. Payment of Jefferson County Vouchers/Warrants Dated February 23, 2015 Totaling
$187,715.26
10. Payment of Jefferson County Payroll Warrants Dated February 20, 2015 Totaling $71,969.74
and A/P Warrants Done by Payroll Dated February 20, 2015 Totaling $15,117.44
COMMISSIONERS BRIEFING SESSION. The Commissioners each provided
updates on the following items:
Chairman Sullivan
- Attended a Shelter to Housing meeting last week.
- Attended a Chimacum farmer's meeting last week re: Chimacum intersection.
Commissioner Kler
- Attended a Climate Action Committee (CAC) meeting last week.
- Met with a Port Commissioner and toured the new facility last week.
- Met with staff of the Historical Society regarding the Research Center last week.
- Attended the Thomas Majhan Teen Leadership Awards, and presented awards to outstanding students
last week.
- Updated the Board on upcoming legislation.
- Stated that thanks to tourism marketing, Sunset Magazine is featuring "East side of the Olympic
Peninsula" which showcases some places in Jefferson County.
- Will be attending a Legislative Steering Committee (LSC) meeting this week in Olympia this week.
- Will be attending a Parks Advisory Board Retreat this week.
All 3 Commissioners
- Attended a Quilcene Community meeting last weekend.
The meeting was recessed at 9:37 a.m. and reconvened at 9:53 a.m. with Chairman
Sullivan and Commissioner Kler present.
COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip
Morley reviewed the following with the Board.
Miscellaneous Items
• Chairman Sullivan met with George Huntingford regarding drainage issues in Chimacum;
Culvert on Yarr property. Commissioner Kler previously spoke with Al Latham regarding
culvert/beavers creating poor drainage.
• Staffing.
• Union update.
• HB 1802 on fee to include long -range planning. Did it make the cutoff?
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Commissioners Meeting Minutes of March 2, 2015
4
• Capital planning. to W1 If if !
• Department of Community Development (DCD).
• Annual bid for legal notice.
• Washington State Department of Natural Resources (DNR).
• JeffCOM: Report from JeffCOM Administrative Board meeting.
• Ferry Advisory Committee: Board of County Commissioners (BOCC) meeting opportunity with
with Lynn Griffith of the Washington State Ferries.
Calendar Coordination
• There will be a Hargrove Committee meeting on March 3, 2015.
• Commissioner Kler will be attending a Bangor Pier meeting on March 3, 2015.
• Commissioner Kler will be attending a Parks and Recreation Advisory Board (DRAB) Retreat on
March 4, 2015.
• Commissioner Kler will be attending a Legislative Steering Committee (LSC) round table in
Olympia on March 4, 2015.
• Commissioner Johnson will be out of the office on March 5, 2015.
• Commissioner Kler will be attending an Indian Island Tour on March 6, 2015.
• Chairman Sullivan and Commissioner Kler will be attending a Chimacum High School Teen
Substance Abuse presentation on March 9, 2015.
• Commissioner Kler will be attending a Tourism Coordinating Council (TCC) meeting on March
10, 2015.
• Commissioner Johnson will be attending an Olympic Region Clean Air Agency (ORCAA)
meeting on March 11, 2015.
• Commissioner Johnson will be attending a Heritage Caucus on March 11, 2015.
• Commissioner Kler will be out of the office on March 11 and 12, 2015.
• There will be Washington State Department of Natural Resources (DNR) update on March 16,
2015.
• Chairman Sullivan and Commissioner Kler will be attending an Energy Lunch regarding electric
car charging stations on March 17, 2015.
• Commissioner Johnson and Commissioner Kier will be attending a Hood Canal Coordinating
Council (HCCC) meeting on March 18, 2015.
There will be a local Board of Health meeting on March 19, 2015.
• Commissioner Kler will be out of the office on April 4, 2015.
• Commissioner Johnson is tentatively scheduled to be out of the office March 22, 2015 through
April 5, 2015.
• There will be a Community Development Block Grant (CDBG) Hearing on March 23, 2015.
Commissioner Kler will be attending a Newly Elected Officials orientation on March 24, 2015.
• County Administrator Philip Morley will be attending a Washington Counties Risk Pool
(WCRP) Conference on March 26 and 27, 2015.
Commissioner Kler will be out of the office on April 1 and 2, 2015.
• Chairman Sullivan is tentatively scheduled to attend a LSC meeting on April 1 and 2, 2015.
2015 Legislative Session:
• Real Estate Excise Tax (REST) bill to align 2 REETS and open for O &M moving forward
• Utility bill died.
• Marijuana revenue sharing still alive.
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Commissioners Meeting Minutes of March 2, 2015
• Senator Ranker and Senator Hargrove working to amend 0" 111 1frojeet o� Statewide
Significance.
• Still S131671; overdose medication for opiates.
• HB 1013; County seat flexibility still alive.
• SB 5045; State study of federal turnover to state /counties. Commissioner Kler is checking our
ability to express dissenting opinion/lobby from Washington State Association of Counties.
• HB 1802 on fee to include long -range planning.
• McCleary and initiative on Class size driving state budgeting. Funding commitment to Tribes on
culverts not being fulfilled.
Future Agenda Items:
• Tourism Coordinating Council (TCC).
• Oil City Road.
• Refresher on one -time funding policies.
Auditor; Chimacum Creek Drainage District inactive.
NOTICE OFADJOURNMENT.• Commissioner Kler moved to adjourn the meeting at
1132 a.m. until the next regular meeting or special meeting as properly noticed. Chairman Sullivan
seconded the motion. The motion carried.
SEAL:
ATTEST:
Carolyn Avery
Deputy Clerk of the Board
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David Sullivan, Chair
(Excused Absence)
Phil Johnson, Member
Kathleen Kler, Member
Page 4
District No. 1 Commissioner: Phil Johnson
District No. 2 Commissioner: David W. Sullivan
District No. 3 Commissioner: Kathleen Kler n
County Administrator: Philip Morley 6
Clerk of the Board: Erin Lundgren
MINUTES
Week of March 9, 2015
Chairman David Sullivan called the meeting to order at the appointed time in the
presence of Commissioner Kathleen Kler. Commissioner Phil Johnson was absent.
PUBLIC COMMENT PERIOD: The following is a summary of comments made by
citizens in attendance at the meeting and reflect their personal opinions:
• A citizen stated his concerns re: HB 1684 which would charge for electronic public records. He urged
the Board to put audio recordings of the Board of County Commissioner (BOCC) meetings online;
• A citizen stated: 1) The WSU Director will be discussing their programs this Wednesday at the
Chimacum Grange; 2) He is concerned about the Trans Pacific Partnership; 3) Marijuana laws in
Colorado are being challenged; and 3) Leonard Nimoy "Spock" passed away. Live long and prosper;
• A citizen reported on the status of SB5111, SB5921 and appeals to the Shoreline Master Program
(SMP); and
• A citizen urged the Assessor's office to include literature when sending out tax statements that would
explain tax increases.
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Kler
moved to approve all the items on the Consent Agenda as presented. Chairman Sullivan seconded the
motion. The motion carried.
I . HEARING NOTICE re: Community Development Block Grant (CDBG) for 2015 Public Service
Grant Application and Closeout of 2014 Public Services Grant; Olympic Community Action
Programs (OlyCAP); Hearing Scheduled for Monday, March 23, 2015 at 10:00 a.m. in the
Commissioners' Chambers
2. AGREEMENT re: Jefferson County Jail Septic System Assessment; In the Amount of $1,100;
Jefferson County Central Services; Streamline Environmental, Inc.
3. AGREEMENT NO. GCB1837 re: Construction on State Highway Right of Way, Safe Routes to
School, State Route 19 and West Valley Road, County Project No. CR1917, MP 9.54; Project
100% Grant Funded; Jefferson County Public Works; Washington State Department of
Transportation (WSDOT)
4. AGREEMENT NO. LA -7591, Supplement No. 3 re: Access Preservation, Upper Hoh Road MP
3.338, Olympic National Park, County Project No. CRI896, Federal Aid Project No. PLH-
A160(001); Project Funded 100% by the Federal Highway Administration; Jefferson County
Public Works; Washington State Department of Transportation (WSDOT)
5. AGREEMENT, Change Order No.1 re: Upper Hoh Road, MP 3.9 ER, County Project No.
X01957; In the Amount of $8,826.65; Jefferson County Public Works; Seton Construction, Inc.
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Commissioners Meeting Minutes of March 9, 2015 f
6. AGREEMENT, Memorandum of Understanding (MOU) re: Emergency Preparedness
Pharmaceuticals; No Dollar Amount; Jefferson County Public Health; Washington Statewide
Pharmacy
7. AGREEMENT, Amendment No. I re: Home Visiting Services; Language Change Only;
Jefferson County Public Health; Washington Early Learning Fund (dba Thrive by Five
Washington)
8. AGREEMENT, Interlocal re: North Pacific Coast Marine Resources Committee Implementation;
In the Amount of $8,978.40; Jefferson County Public Health; Clallam County
9. AGREEMENTS (3) re: 2015 Hotel Motel Grant Funding; 1) In the Amount of $8,500; Quilcene
Historical Museum; 2) In the Amount of $15,000; Jefferson County Chamber of Commerce; and
3) In the Amount of $23,247; Forks Chamber of Commerce
10. Final Approval for Plat Alteration re: Villas By the Sea Plat Alteration; #MLA14-
00049 / 4SUB04- 00005; To Remove Language of the Long Plat Designation to Allow for Single
Family Residential Development; Located at 21 Grandview Drive, Port Hadlock; Robert and
Janice Baker, Applicants
11. Advisory Board Reappointment re: Conservation Futures Citizen Oversight Committee; Four (4)
Year Term Expiring March 9, 2019; District No. 2 Representative, Jerry Gorsline
12. Advisory Board Reappointment re: Conservation Futures Citizen Oversight Committee; Four (4)
Year Term Expiring March 9, 2019; District No. 2 Representative, Phil Andrus
13. Payment of Jefferson County Payroll Warrants Dated March 5, 2015 Totaling $736,428.88
COMMISSIONERS BRIEFING SESSION. The Commissioners each provided
updates on the following items:
Chairman Sullivan
- Announced he was elected Vice Chair of the Olympic Area Agency on Aging (03 A).
- Met with the Planning Commission last week and represented the Board of County Commissioners
(BOCC).
- Will be attending a presentation re: public health aspects of marijuana at the Chimacum High School.
- Will be attending a Hood Canal Coordinating Council (HCCC) meeting this week due to
Commissioner Johnson's absence.
Commissioner Kler
- Attended a Hargrove Committee meeting last week.
- Attended an Environmental Impact Statement (EIS) meeting on the Bangor Expansion last week. The
Navy advertised well, but not a lot of public were present for the meeting.
- Attended a Parks and Recreation Advisory Board (PRAB) retreat last week.
- Attended a Washington State Association of Counties (WSAC) meeting last week re: marijuana bill
funding loss to counties.
- Met with Senators and State Representatives re: funding to Washington counties.
- Attended a Port Ludlow Village Council (PLVC) meeting last week re: Black Point sewer concerns.
- Toured Indian Island last week and met with citizens concerned about pollution in Quilcene Bay.
- Will be attending a Tourism Coordinating Council (TCC) meeting, and a Substance Abuse Advisory
Board (SAAB) meeting this week.
- Will be participating in a telephone conference call with the Legislative Steering Committee (LSC)
Page 2
Commissioners Meeting Minutes of March 9, 2015
this week.
The meeting was recessed at 9:41 a.m. and reconvened at 10:01 a.m. with Chairman
Sullivan and Commissioner Kler present.
BID OPENING re: Publication of County Legal Notices: Clerk of the Board Erin
Lundgren opened and read aloud the following two (2) bids that were submitted:
BIDDER
Peninsula Daily News
Leader
BID AMOUNT
$5.75 per column inch
$8.25 per column inch
Bid Breakdown by Item
2015 Bid — The Leader
2015 Bid — Peninsula Daily News
Bid Amount (per column inch)
$8.25
$5.75
Tye & Size
Helvetica 7 pt.
Helvetica 7.2 pt.
Column Width
1.625"
1"
Frequency of publication
I time per week on Wednesday
6 days a week (not on Saturday)
Publications Submitted: time of
3:00 p.m.
2:00 p.m.
days before publication
2 days prior
3 business days prior
Total Delivery and newsstand
6,266
2,307
sales in Jefferson Coun
Other Enhancements:
Yes — included in bid amount. Will
Publish on Newspaper website
Yes — included in bid amount.
also appear on WNPA website.
Quarterly publication of a
Yes — included in bid amount.
Not addressed in bid.
section map and explanation of
how to use the public notices
Use of County logo to identify
Yes — included in bid amount.
Yes — included in bid amount.
where County legal notices
begin.
Optional Bid Item: Publication
Press releases accepted, but subject to
County may submit any number of
of up to 12 Press Releases (no
editing. Advertisements other than
press releases to be considered for
more than one per month) in a
legals are accepted with a discounted
publication. Any non -legal
section other than the Legal
display ad rate of $12.00 a column
advertisement will be charged at
Notice section of the
inch.
$10.00 per column inch. Legal ads
newspaper.
appear on peninsuladailynew.com and
on the PDN statewide association
website wnpa.com at no additional
charge.
Other:
1.625" per column
1" per column
Cost per square inch (per
Column inch = 1" x 1.625" = 1.625
Column inch = N x 1" = 1 sq. inch
formula developed by Bill
sq. inch per col. Inch.
per col. Inch.
Woolf to compare prices when
Ad rate = *8.25 /col. in) /(1.625 sq. in
Ad rate = (5.75/col. in.) /(1 sq. in. per
the column width is different.)
per col. in.) = $5.08 per square inch
col. in) = $5.75 per square inch.
Staff will review the bids and submit a recommendation for bid award to the Board at a future date.
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Commissioners Meeting Minutes of March 9, 2015 "'n A r
E
The meeting was recessed at 10:04 a.m. and reconvened at 10:15 a.m. with Chairman
Sullivan and Commissioner Kier present.
BID OPENING re: Dowans Creek Road Realignment, County Project No. CR 17993,
FEMA 1734- DR -WA, Grant No. E08 -796: Public Works Engineer Mark Thurston and Public Works
Engineering Services Manager Jon Watson were present for the bid opening. The engineer's estimate is
$498,936.00. Engineer Thurston opened and read aloud the following six (6) bids that were submitted:
BIDDER BID AMOUNT
Nordland Construction Northwest $443,631.00
Jordan Excavating, Inc. $365,819.00
Rognlin's Inc. $775,000.00
InterWest Construction, Inc. $539,733.50
Quigg Bros. Inc. $628,835.00
Bruch and Bruch Construction $338,466.75
Staff will review the bids and submit a recommendation for bid award to the Board at a future date.
The meeting was recessed at 10:21 a.m. and reconvened at 1:32 p.m. with Chairman
Sullivan and Commissioner Kier present.
COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip
Morley reviewed the following with the Board.
Miscellaneous Items
• Update: Coordination of Joint Growth Management Steering Committee (JGMSC) on Population
Projections and County -Wide Planning Policies. Department of Community Development
(DCD) Director Carl Smith and Chief Civil Deputy Prosecuting Attorney David Alvarez present.
• Planning Commission appointments.
Sheriff Records Management System (RMS).
• North Olympic Development Council (NODC).
• Tri -Area Food Bank and Olympic Community Action Programs (OlyCAP).
• Commissioner Kier visited Commander Yesunas at Indian Island. There will be a change of
command in June, 2015.
Calendar Coordination
• Chairman Sullivan and Commissioner Kier will be attending a Chimacum High School Teen
Substance Abuse presentation on March 9, 2015.
• Commissioner Kier will be attending a Tourism Coordinating Council (TCC) meeting on March
10, 2015.
• Commissioner Johnson will be attending an Olympic Region Clean Air Agency (ORCAA)
meeting on March 11, 2015.
Commissioner Johnson will be attending a Heritage Caucus on March 11, 2015.
Commissioner Kier will be out of the office on March 11 and 12, 2015.
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Commissioners Meeting Minutes of March 9, 2015
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• Washington State Department of Natural Resources will be meeting with the Board of County
Commissioners (BOCC) on March 16, 2015.
• DCD Director Carl Smith will be meeting with the BOCC on March 16, 2015.
• Chairman Sullivan and Commissioner Kier will be attending an Energy Lunch regarding electric
car charging stations on March 17, 2015.
• Commissioner Johnson and Commissioner Kier will be attending a Hood Canal Coordinating
Council (HCCC) meeting on March 18, 2015.
• There will be a local Board of Health meeting on March 19, 2015.
• Commissioner Johnson is tentatively scheduled to be out of the office March 22, 2015 through
April 5, 2015.
• There will be a Community Development Block Grant (CDBG) Hearing on March 23, 2015.
• Commissioner Kier will be attending a Newly Elected Officials orientation on March 24, 2015.
• Commissioner Kier will be attending a Developmental Disabilities Advisory Board (DDAB)
meeting on March 24, 2015.
• County Administrator Philip Morley will be attending a Washington Counties Risk Pool
(WCRP) Conference on March 26 and 27, 2015.
• Commissioner Kier will be out of the office March 31, 2015 through April 4, 2015.
• Chairman Sullivan is tentatively scheduled to attend a Legislative Steering Committee (LSC)
meeting on April I and 2, 2015.
• Chairman Sullivan is tentatively scheduled to be out of the office April 14 -17, 2015.
• Commissioner Kier will be attending a local Board of Health (BOH) meeting on April 16, 2015.
2015 Legislative Session:
• Marijuana consolidated bill: Counties get a percentage after the first $25 Million.
• Marijuana revenue sharing is still alive.
• Chemical Action Plan; Fish consumption threshold - Cancer risk factors and discharge
reductions. Potential Environmental Protection Agency (EPA) pre - emption.
• Real Estate Excise Tax (REET) bill to align 2 REETS; Realtor Association changes reduce any
benefit for counties.
• Concerns about state pulling local funding. Washington State Association of Counties (WSAC)
opposes any pullback.
• Senator Ranker and Senator Hargrove working to de -fang SB5111 Project of Statewide
Significance.
• Still SB1671; Overdose medication for opiates.
HB 1013; County seat flexibility still alive.
• Helen Price Johnson visited Navy in Washington, D.C. about Growler noise.
• 1133 Utility still alive.
SB 5111; Amended to exempt construction materials, and retain county approvals.
• Shared difficulties with regulating marijuana and zoning by other counties
• Shared difficulties with Public Records Request (PRR) frequent flyers in other counties
•
I% cap relief, Support but no sponsor.
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Commissioners Meeting Minutes of March 9, 2015
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NOTICE OFADJOURNMENT. Commissioner Kler moved to adjourn the meeting at
4:21 p.m. until the next regular meeting or special meeting as properly noticed. Chairman Sullivan
seconded the motion. The motion carried.
SEAL:
ATTEST:
Carolyn Avery
Deputy Clerk of the Board
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David Sullivan, Chair
(Excused absence)
Phil Johnson, Member
Kathleen Kler, Member
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