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HomeMy WebLinkAbout080315_cbs01ON ti ;� •4 ING 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 May 18, 2015 4C 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: • Three (3) citizens commented on homelessness in Jefferson County and discussed possible ways to address the issue; • A citizen stated: 1) Jefferson County has more parks than it can afford; 2) the County park in the Tri Area may be a viable location for addressing the needs of the homeless and the County needs to take positive action on the issue; and 3) the proposed amendment to the Unified Development Code regarding marijuana contains all kinds of inaccuracies in the findings; • Two (2) citizens loaned each Commissioner a copy of a book titled "This Changes Everything" and commented on climate change; • A citizen commented on the need for public land and the importance of the County holding onto it for public access; • A citizen commented on the proposed marijuana regulations; • A citizen encouraged those present in the audience to continue attending the Commissioner meetings and commented on the need for a broad based diversified economy in Jefferson County; • A citizen: 1) thanked the Commissioners for participating in the Rhododendron Festival and stated that hundreds of people come together to put on the event; and 2) Invited the Commissioners to a forum on Tuesday, May 26, 2015 at 7:00 p.m. • A citizen: 1) stated we need to find a way to provide jobs in Jefferson County; and 2) discussed past efforts to obtain land for the Olympic Discovery Trail; and • A citizen gave an update on legislation regarding marijuana and expressed concerns about the implementation of regulations by the Department of Community Development. COMMISSIONERS BRIEFING SESSION: The Commissioners reported the following: Chairman Sullivan Stated there are a large number of issues at the County level that we wish we had the resources to deal with. We do what we can for economic development, social services, parks and individual needs with the help of other agencies. Page 1 Commissioners Meeting Minutes of May 18, 2015 Commissioner Johnson ^ Agrees that there is not adequate funding for parks. F "`� A C ! Commissioner Kler Attended a Hood Canal Coordinating Council Climate Adaptation orkshop Stated a Jefferson Health Care groundbreaking ceremony will be held this morning. County Administrator Morley Stated the Planning Commission is holding a public hearing on Wednesday, May 20, 2015 at 6:30 p.m. at the Tri -Area Community Center regarding recreational marijuana regulations. Stated the Board of County Commissioners will be holding a Special Meeting on Thursday, May 21, 2015 at 10:00 a.m. in the County Commissioners' Chambers to review the recommendations of the Planning Commission regarding recreational marijuana regulations. Corrected a statement he made last week regarding a hearing comment which was not submitted by the deadline and therefore, is not part of the hearing record. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Kler moved to approve all the items on the Consent Agenda as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. I. Request to Reconvene for the Purpose of Hearing Property Tax Appeals for the Year 2015; Jefferson County Board of Equalization 2. AGREEMENT NO. DTFH70 -14E- 00026, Amendment No. 1 re: Funds Transfer for Upper Hoh River Road Phase 2 /Olympic National Park, M.P. 0.00 - 12.00, County Road No. 914207, County Project No. CR1941; In the Amount of $85,000; Jefferson County Public Works; Western Federal Lands Highway Division 3. AGREEMENT re: Material Testing Services, Dowans Creek Road Realignment, County Project No. CR17993, FEMA 17- 34- DR -WA; In the Amount of $7,000; Jefferson County Public Works; Northwestern Territories, Inc. 4. Advisory Board Resignation re: Jefferson County Lodging Tax Advisory Council (LTAC); Kalaloch Lodge (West End), Walter Kochansk 5. Advisory Board Appointment re: Lodging Tax Advisory Council (LTAC); Three (3) Year Term Expiring May 18, 2018; Kalaloch Lodge (West End), Kyle Forgey 6. Advisory Board Appointment re: Conservation Futures Citizen Oversight Committee; Four (4) Year Term Expiring May 18, 2019; District No. 1 Citizen Representative, David Wilkinson 7. Payment of Jefferson County Vouchers /Warrants Dated May 11, 2015 Totaling $581,941.56 8. Payment of Jefferson County A/P Warrants Done by Payroll Dated May 6, 2015 Totaling $126,897.70 Commissioner Kler excused herself from the meeting at 9:42 a.m. to attend the Jefferson Health Care groundbreaking ceremony. The meeting was recessed at 9:44 a.m. and reconvened at 9:59 a.m. with Chairman Sullivan and Commissioner Johnson present. Page 2 Commissioners Meeting Minutes of May 18, 2015 W Kcl� BID OPENING re: 2015 -2020 Supply of Motor Fuel: Central Services Fleet Manager Matt Stewart opened and read the following two bids aloud: BIDDER Petroleum Traders Association of Petroleum Products BID AMOUNT $1,364,783.00 (No tax included) $1,274,072.00 (No tax included) Staff will review the bids and make a recommendation for bid award at a later date. The meeting was recessed at 10:04 a.m. and reconvened at 1:28 p.m. with all three Commissioners present. BRIEFING and DISCUSSION re: Planning Commission Public Hearing Draft of Regulations for Recreational Cannabis: Department of Community Development Director Carl Smith, Associate Planner Colleen Zmolek and Chief Civil Deputy Prosecuting Attorney David Alvarez were present to brief the Board on the Planning Commission's draft regulations for recreational cannabis. Director Smith presented the draft regulations for recreational marijuana/cannabis which will be the subject of a public hearing held by the Planning Commission on Wednesday, May 20, 2015 at 6:30 p.m. at the Tri Area Community Center. There has been a lot of discussion on this topic over the course of many months and a lot of work has been done by staff and the Planning Commission with public involvement. Some of the ideas presented were to draft regulations that would apply to all types of agriculture, while others had concerns about the impacts these regulations would have on other types of agriculture. To avoid unintended consequences for other types of agriculture, the Planning Commission decided to address marijuana as a separate type of agriculture. The Facts and Findings include reasons (item 7) why marijuana is different from other types of agriculture and the adopting ordinance should also list those differences. For these reasons, the Planning Commission and staff believes it is warranted to treat marijuana as a separate type of agriculture. Chairman Sullivan stated that in item 7 it states that, "...it is profoundly different... ". He asked how each of the five reasons listed relate to local land use policy? Director Smith replied that the regulations address those reasons and he proposed to review the performance standards. Chairman Sullivan stated he doesn't see how the reasons lead to the local land use regulations. How does the fact that marijuana is different under federal law relate to local land use? Associate Planner Zmolek stated that Jefferson County Code 18.45 includes findings requiring that proposed amendments be consistent with federal, state and local land use laws. The findings in these proposed regulations support why it is not in opposition of federal, state, and local land use and explain how the performance standards were developed. The facts describe the public participation. Chairman Sullivan stated that item 17 states that, "...by controlling the size and placement of structures, and conditions such as landscape screening and setbacks... ". He is having trouble connecting all the reasons listed in item 7 with the facets in item 17. Page 3 Commissioners Meeting Minutes of May 18, 2015 �ArT Director Smith discussed the proposed Performance Standards whfflMould be a new section in the Jefferson County Code under 18.20. In reviewing the Performance Standards he stated there is a general provision that these regulations would apply to recreational marijuana and that it would also be subject to Washington Administrative Code (WAC) administered by the Washington State Liquor Control Board. The definitions were all taken from the WAC. Associate Planner Zmolek noted that a change was made to the definition of "Marijuana processor" which was to add the following language: "Marijuana processing for the purpose of this section may or may not include drying, trimming and bagging of a recreational marijuana product." The reason for this change was to clarify that a Cottage Industry permit would not be required for every producer. Commissioner Kler stated it was her understanding that drying, trimming and bagging would be included under "Marijuana producer," because a "Marijuana processor" already had that capacity. She thought a "Marijuana producer" would get the ability to have drying, trimming and bagging and not be considered a "Marijuana processor." Associate Planner Zmolek stated that language about drying, trimming and bagging is included in both the definition for "Marijuana producer" and "Marijuana processor." Under the definition of "Marijuana producer" language was added that states: "Marijuana producing for the purpose of this section shall include drying, trimming and bagging of a recreational marijuana product." If a producer has a Cottage Industry permit, then drying, trimming and bagging of a recreational marijuana product would be allowed, but a Cottage Industry permit is not required to be a marijuana producer. The language was added to make it clear in both definitions. County Administrator Morley suggested modifying the definition of "Marijuana producer" in item (2)(c) "Definitions" to state that it is when done in conjunction with growing. Associate Planner Zmolek stated that the language in item 3 "Use zones" of the Performance Standards is all of the text that is included in the "Use Tables." In the event of a conflict between the two, the text listed in this section prevails. Director Smith added that this language outlines the three categories of recreational marijuana activities (production, processing and retailing) and the comprehensive plan zones in which each category is allowed. County Administrator Morley asked if the regulations in item 3 a. "Production" distinguish the difference between indoor versus outdoor production? Associate Planner Zmolek and Director Smith replied no. However, Associate Planner Zmolek noted that the Performance Standards include a distinguishing factor on size. Chairman Sullivan asked about making a distinction between larger rural residential zones? Director Smith stated that distinction is addressed in item 4 which sets limits for growing structures. In section 4 a., producing is allowed in Forest and Rural Residential zones as a Conditional Discretionary use subject to the recreational marijuana standards and structure size limitation. The Unified Development Code (UDC) Administrator can make the decision on a Conditional Discretionary Use or forward it to a Hearing Examiner for a decision based on the factors surrounding the application. Director Smith stated there was much discussion by staff and Planning Commission members regarding section 4 a. "Producing ", (i) "Permanent or Temporary Growing Structures." It was finally decided that the impact would be on the impervious area or perhaps visual, so they went with a combined allowance for permanent and temporary growing structures on rural residential lands as follows: Page 4 Commissioners Meeting Minutes of May 18, 2015 X71 (4)a.(i)(A) Rural Residential 1:5 —temporary or permanent growing structure size. The allowed structure size is a total combination of square footage of gross floor area for all growing structures. a) Five percent (5 %) of gross parcel size in square feet, up to a maximum 10,890 square feet gross floor area. (4)a.(i)(B) Rural Residential 1:10 & 1:20 and Forest Resource lands CF -80, RF -40, IF - Greater than 5 acres parcel size temporary or permanent growing structure size. The allowed structure size is a total combination of square footage of gross floor area for all growing structures. a) Five percent (5 %) of gross parcel size in square feet, up to a maximum of 21,780 square feet gross floor area. Commissioner Kler stated she does not see the difference between (4)a.(i)(A) and (4)a.(i)(B). Director Smith stated the only difference is that it is silent on properties zero to five acres in size that are zoned Rural Residential 1:10. Associate Planner Zmolek added that the difference is the maximum number of square feet allowed for growing structures based on parcel size. Associate Planner Zmolek noted, and Director Smith agreed that staff will recommend to the Planning Commission that the wording in (4)a.(i)(B) "Greater than 5 acres parcel size" be changed to read "All parcels" so that it includes parcels under 5 acres in size that are zoned Rural Residential 1:10 and 1:20. Chairman Sullivan noted that in each of these cases there is a maximum limit, but currently, there is no maximum limit for other types of agricultures. So if one of these uses was converted to another type of agriculture use, would an increase in the size be allowed? Director Smith answered presumably yes, because there is no limit in agriculture zoning. Associate Planner Zmolek stated that a 20 acre parcel could have a recreational marijuana facility for the structures and still have greenhouses off to the side for other agricultural products. Chief Civil Deputy Prosecuting Attorney Alvarez noted that the maximum grow size allowed under the State's regulations is 21,000 square feet. Associate Planner Zmolek added that there can be more than one grow operation approved for a single parcel. The State maximum grow size is not established on a per parcel basis, it is established on a per premise basis. The State does not allow individuals to have multiple licenses, so each premise or operation would have to be under different ownerships, but could be located on one parcel. Chairman Sullivan asked if the proposed maximum growing structure size is strictly for marijuana or for all types of crops? Director Smith and Associate Planner Zmolek replied it is strictly for marijuana which is stated in the first sentence of item 4. Commissioner Kler stated that the State is combining medicinal and recreational marijuana regulations and she asked if the County will be making any changes in anticipation of the changes to State law? Associate Planner Zmolek replied that County staff is unable to anticipate what changes may be made to State regulations. Commissioner Kler asked if the linkage of recreational and marijuana is necessary for the County's Code? Director Smith replied that County regulations may need to be amended in the future, but, currently, it is unclear what is going to happen at the State level. Chief Civil Deputy Prosecuting Page 5 Commissioners Meeting Minutes of May 18, 2015 nPArT 1 a' Attorney Alvarez added it is difficult to guess what the State legisl R may or Aptot ho with its regulations. Chairman Sullivan noted that would all be unnecessary if the County focused strictly on building size, setbacks and other conditions for all agriculture. So, no matter what the Liquor Control Board did to change things, the County Code would not be affected. Associate Planner Zmolek noted that it would affect the current farmers. Chairman Sullivan stated that limits could be set for future structures on farmland without affecting current farmers, and limits could be set for dealing with the impacts of those structures regardless of what is being grown there. Then the County would not need to be so concerned about what the Liquor Control Board does. This would not be an issue because all agriculture would be treated the same under County Code. Treating marijuana differently makes it complicated, so when there is a change of use, it gets complicated again. We will have a situation where we will limit something because it is marijuana, and then if the operator is not successful and decides to sell to someone else, they can make it bigger. We have not dealt with the size or impact issue which is why he is going to have trouble voting for any of this. Director Smith and Associate Planner Zmolek continued reviewing the proposed Performance Standards. Item (4)d. states that processing and retail in the Agricultural zoning district is allowed as Conditional Discretionary C(d) and shall be subject to the agricultural performance standards in JCC 18.20.030(3) and recreational marijuana performance standards (to be adopted as a new section in JCC 18.20). County Administrator Morley suggested removing the word "following" from the last sentence in item (4)c. "Processing ". He asked why item (4)e. "No recreational marijuana facility may be permitted as a home business. All recreational marijuana activities are subject to the applicable requirements of JCC 18.20 & 18.30." is included in the Performance Standards if it is State law? Associate Planner Zmolek stated they want to make it clear in the County Code because there are home businesses and cottage industries. Sometimes it is left to the interpretation of the administrator, so this makes it clear that marijuana will not be considered as a home business. Director Smith added that staff has tried to parallel some of the Liquor Control Board regulations with the County regulations, because they could change. His understanding of the new law on medical marijuana is that it has to be in someone's home. A group coop has to be located in a home. So staff wants to make it clear that if that is true, recreational marijuana is not included in that allowance. Associate Planner Zmolek noted that home business performance standards would not rise to the level of meeting the buffer, setback and structure size requirements. It is clear that it is a cottage industry. In response to Chairman Sullivan's question about medical marijuana not having to meet the building size and setback to the landscaping, Director Smith stated it is a shifting landscape and it is his understanding that individuals are limited in how many plants they can have which is a small number. Staff does not think it will be an issue, but, the regulations may need to be revisited when changes are made to State law/Revised Code of Washington (RCW). Director Smith and Associate Planner Zmolek reviewed items (4)f. through (4)m. County Administrator Morley asked if item (4)m. allows the County to deny or revoke a County issued permit if an individual does not have a State Liquor Control Board license, or if such a license gets revoked? Director Smith replied that an individual with a County issued permit for a building could use it for another type of use. County Administrator Morley asked if the word "licenses" in item (4)m. should read "licensees ?" Page 6 Commissioners Meeting Minutes of May 18, 2015 X t PR,..re Director Smith replied yes. County Administrator stated it is his undeW ding4f itKpiatidn plans are subject to periodic amendment. Therefore, he suggests changing the language "their operations plan" to read "all operations plans." Associate Planner Zmolek reviewed the proposed language additions to JCC 18.20.030 "Agricultural activities and accessory uses" addressing recreational marijuana. The use table was also amended to include recreational marijuana in Table 3 -1, JCC 18.15.040. Director Smith stated that staff and the Planning Commission are proposing allowing processing and retailing in Commercial zones, but not allowing producing, and in some case, not allowing processing. The reason is to preserve limited commercial areas for uses that are felt to be more in -line with the purpose statement. Most of the Commercial purpose statements speak of providing the daily needs of residents and people passing by or the traveling public. Approximately 40 applications have been submitted, and 16 (40 %) of those applications are proposed to be located on land which is zoned rural residential. Of those 16 applications, 12 are proposed to be located on land which is zoned rural residential 1:5. Director Smith stated that he feels a desire to preserve the County's values in these rural residential zones that are primarily for residential use. Of course, the County promotes other economic activities, but, the purpose statement says it is for the continuation of residential use. In his view, that expresses the need to insure that any other activity allowed in rural residential zones needs to be compatible and not contrary to the primary use. Chairman Sullivan stated that the proposed activity must be located on "rural residential" zoned land, although, he noticed somewhere in the proposed regulations where the word "residential" was used. Director Smith stated that is a typographical error. County Administrator Morley asked if Chief Civil Deputy Prosecuting Attorney Alvarez would review item 7 of the Facts and Findings after today's meeting, to see whether: 1) it captures all the underlying reasons for regulating; 2) it is legally sufficient, should a majority of the Board of County Commissioners wish to regulate and distinguish recreational marijuana separately from the rest of agriculture; and 3) there needs to be a nexus between how it is distinguished from the rest of agriculture and the regulations being proposed for adoption, which was an issued raised by Commissioner Sullivan. Chairman Sullivan agreed that there needs to be a connection. Are the statements in item 7 sufficient to justify the statements in item 17 of the Facts and Findings? It is also mirrored in the answers to the questions found in the "Guidance to Create Findings for MLA14- 00066" Throughout the document there are places where it states "Yes" for recreational marijuana, but, then it does not address the issue of why it is "No" for all other agriculture and why marijuana is different. For example, in the "Guidance to Create Findings for MLA14- 00066" under item 1. a)(i) it states, "Have circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? [Answer yes' or 'no' and describe why] PC Response: Yes. WSLCB adopted final rules on October 16, 2013 for marijuana producers, processors and retailers, said regulations being codified at Chapter 314- 55WAC. Jefferson County Code did not cover this use." Chairman Sullivan stated that Jefferson County did cover this use as agriculture, but, now we want to do it as new or different agriculture. Page 7 Commissioners Meeting Minutes of May 18, 2015 Chief Civil Deputy Prosecuting Attorney Alvarez explained that he be Ws that tAe''statement "Jefferson County Code did not cover this use" means that nobody was conceiving recreational marijuana at the time the Code was developed. X", 0 Chairman Sullivan added that item 1. a)(iii) discusses maintaining "rural character" by controlling the size of structures, setbacks, landscaping for recreational marijuana only, but, not for other agriculture because it is not an issue with other types of agriculture. Chief Civil Deputy Prosecuting Attorney Alvarez replied that the major issue is that there are a lot of people who do not think that marijuana should have been legalized which is who this is written for. It is for those individuals who feel that if marijuana is going to be legalized, then it needs to be kept out rural residential areas. That is the logic that would support differentiating recreational marijuana from other types of agriculture. Chairman Sullivan stated that he is thinking of it as legislating defensibly because we are liable to be challenged by anyone on either side of the issue. He believes that when Findings and Facts are developed, the issues need to be dealt with from both directions, not just one. Chief Civil Deputy Prosecuting Attorney Alvarez replied that only the language after "Now, therefore, be it ordained" could be challenged. The other language is explanatory, not regulatory. He does not think the County would be challenged because the Findings are inadequate. He thinks the County would be challenged if it failed to do something. Chairman Sullivan questioned if it has to be consistent with the Findings? Chief Civil Deputy Prosecuting Attorney replied, it does. We will make it sufficient by saying that there was public concern that recreational marijuana is not typical agriculture because bf the high value of the crop; because it is illegal; because it is a controlled dangerous substance, etc. That it is why the regulations are needed, and the County must comply with the State Liquor Control Board. Those are reasons enough to distinguish recreational marijuana from other types of agriculture. It is very hard to challenge a regulation. The Growth Management Act (GMA) gives the Board of County Commissioners discretion as long as it meets the procedural requirements. Chairman Sullivan stated that item 12 in the Facts and Findings mention citizens expressing great concern. He said some did and many others expressed the opposite opinion. Chief Civil Deputy Prosecuting Attorney Alvarez replied that he would respond that there was enough concern that the County decided to differentiate recreational marijuana. It could be noted that I -502 passed in Jefferson County with a vote of 65 to 35 which is enough to treat it as agriculture and not change anything. But, lawsuits came out of it, there has been public outcry, and many people do not want it in their backyard or their neighbor's backyard. That is enough reason to regulate recreational marijuana separately. Chairman Sullivan agreed that is true, but, he is concerned about not having enough accurate supporting statements to withstand a challenge. Additionally, item 12 states, "...larger projects having resultant impacts not previously known or planned for,..." He stated the County has had the same agriculture Code with the same possibility of having bigger structures and other types of things all along for the last decade or so. It just happens that with recreational marijuana there is somebody potentially doing it. Chief Civil Deputy Prosecuting Attorney Alvarez stated that recreational marijuana will be a different scale because of the profitability. Chairman Sullivan stated that is what needs to be said, as opposed to all the other things. Page 8 Commissioners Meeting Minutes of May 18, 2015 County Administrator Morley stated that is why he requested that Chieiw"il Deputy`Prosecuting Attorney Alvarez review the Facts and Findings to insure that they are complete and legally sufficient, assuming that it is the will of the majority of the Board to regulate recreational marijuana separate from other types of agriculture. Chief Civil Deputy Prosecuting Attorney Alvarez stated he will review the Facts and Findings and he believes they are defensible. It was agreed that item 12 needs to be formatted into shorter paragraphs. Commissioner Kler stated there are some words in the Facts and Findings that she views as a trigger, such as the word "profoundly" in the first sentence of item 7. She also asked if the statements which say "may" could be worded differently so it does not sound like conjecture? Chief Civil Deputy Prosecuting Attorney Alvarez replied that it is conjecture at this point in time. It is unknown what individuals will experience by having a marijuana operation located next door to them. He stated it is important to include the issues from both sides. Chairman Sullivan stated that item 12 states, "...may result in impacts such as increased traffic, noise, light, hours of activity, odors, water supply withdrawals,... ", yet the County is only regulating building size, setbacks and screening/landscaping. Director Smith stated that there is a presumption that if you limit the size, setbacks and screening/landscaping, it affects those other impacts. Chairman Sullivan stated that could be stated clearer. Chairman Sullivan asked about the statement in the last sentence of item 12 which states "...for the benefit of the health, safety and welfare of all Jefferson County citizens and businesses." Chief Civil Deputy Prosecuting Attorney stated that is a reference to the general police power of the County. The County has 40 applications which could potentially change the rural character of rural residential land. He would state it as the County is preserving the health, safety and welfare of the rural character. Discussion ensued regarding the difference between recreational marijuana and other types of agriculture. Ms. Zmolek stated that the County will be requiring a Conditional Use Permit which will address issues such as noise, traffic, etc. Director Smith referred to item 7 and stated that the Federal Attorney General's memo was strong and said that States need to have strict regulatory systems in place to avoid the Federal Government from coming down on them. Chief Civil Deputy Prosecuting Attorney Alvarez added that they must also be strictly enforced. Director Smith stated the actual memo states that the Federal Government is going to "defer" their right to prosecute. He feels that is a very strong statement. That is a big reason why recreational marijuana is different and warrants particular control. Chief Civil Deputy Prosecuting Attorney Alvarez stated that Chairman Sullivan may want to draft language that addresses his concerns which could be added to the document. Chairman Sullivan stated that he may have a series of amendments, depending on the Planning Commission's recommendation. County Administrator Morley asked the Board to think about any substantial changes they may want to consider. Chief Civil Deputy Prosecuting Attorney Alvarez reviewed the procedural process and timelines and stated that the existing moratorium will expire on June 11, 2015. Page 9 Commissioners Meeting Minutes of May 18, 2015 The meeting was recessed at 3:25 p.m. and reconvened at 3:36 p.m. with all three Commissioners present. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination • There will be a Transit Board meeting on May 19, 2015. • There will be a Budget Committee meeting on May 20, 2015. • Commissioner Johnson will attend a Hood Canal Coordinating Council (HCCC) meeting in Bremerton on May 20, 2015. • There will be a Planning Commission Hearing on recreational marijuana regulations on May 20, 2015. • The Board of County Commissioners will be holding a Special meeting on May 21, 2015 at 10:00 a.m. in the Commissioners' Chambers. • Commissioner Johnson will coordinate with the Central Services Department to conduct a homeschool group tour on May 21, 2015. • There will be a Board of Health meeting on May 21, 2015. • Commissioner Kier will attend a Peninsula Regional Support Network (PRSN) and Olympic Consortium Workforce meeting on May 22, 2015. • The Haines Place Transit Opening is schedule for May 22, 2015. • Chairman Sullivan and Commissioner Kler will attend Shrimp Fest on May 23 and 24, 2015. • Memorial Day is Monday, May 25, 2015, therefore the Board of County Commissioner meeting is scheduled for Tuesday, May 26, 2015 and will need to end at 2:30 p.m. • Commissioner Kier will attend a Developmental Disabilities Advisory Board of May 26, 2015 at 3:00 p.m. • Commissioner Kier will attend a Solid Waste Advisory Committee (SWAC) meeting on May 28, 2015. • Commissioner Johnson and Commissioner Kier will attend a Coastal Caucus in Seattle on May 29, 2015. • Commissioner Johnson will attend a Sunshine Coffee Dedication on June 8, 2015. • Commissioner Johnson will attend a Olympic Region Clean Air Agency (ORCAA) meeting on June 10, 2015. • Commissioner Kier will attend a Marvin Shields ceremony at the Gardiner Cemetery on June 10, 2015. Commissioner Kier may attend an American Legion ceremony on June 10, 2015. • Commissioner Kier will attend a Hospice Foundation Breakfast on June 11, 2015. • Commissioner Kier and County Administrator Morley will attend the Indian Island Change of Command ceremony on June 11, 2015. • There will be a Transit Grand Opening ceremony on June 12, 2015. • Chairman Sullivan will attend a Peninsula Regional Transportation Planning Organization (PRTPO) tour on June 19, 2015 at 10:00 a.m. • Commissioner Johnson will be out of the office July 22 -26, 2015. • County Administrator Morley will be out of the office July 2 -25, 2015. Page 10 Commissioners Meeting Minutes of May 18, 2015 Miscellaneous Items • Draft letter of support for Clean Cities Electric Vehicle proposal. • Olympic Consortium ILA. • County budget, bonding, hiring RCTd7 review. • Civil Legal representation. • Budget Committee and mid -year funding issues. • Tri -Area property sale letter of interest to the County. Legislative Update: (not discussed) Future Agenda Items: (not discussed) MCI- ADDITIONAL BUSINESS; Letter of Support: Commissioner Johnson moved to approve a letter to Andrew Hudgins, Project Leader, National Renewable Energy Laboratory in support of the proposal by Western Washington Clean Cities on behalf of Olympic National Park and other project partners for funding through the Clean Cities National Parks Initiative for electric - vehicle infrastructure. Commissioner Kler seconded the motion which carried by a unanimous vote. NOTICE OFADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 4:26 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: Erin Lundgren, CMC Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member Page 11 04 sO k r �SkING�p� 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 DRAFT Special Meeting May 21, 2015 Chairman David Sullivan called the meeting to order at 10:00 a.m. in the presence of Commissioner Kathleen Kier and Commissioner Phil Johnson. BRIEFING AND DISCUSSION re: Planning Commission Public Hearing and Recommendations on Regulations for Recreational Cannabis: Community Development Director Carl Smith gave an overview of the Planning Commission's hearing held on May 20, 2015. There were no substantial changes to the proposed regulations just clarifying edits that were discussed and approved last night. He summarized the actual code regulations. The Planning Commission felt that marijuana is a different kind of use which warrants its own regulations. The majority of Community Development's and Planning Commission's work was focused on the two use tables. One table will be used for the majority of Jefferson County and the second table will be used for the future Port Hadlock Urban Growth Area (UGA). Associate Planner Colleen Zmolek discussed JCC 18.15.040 Table 3 -1 — Allowed and Prohibited Uses; Cottage Industry. County Administrator Philip Morley asked if the use tables provided to the Commissioners today are a result of the Planning Commission's hearing or if they were included in the hearing materials. Associate Planner Zmolek responded that the use tables were included in the Planning Commission's hearing materials. She discussed JCC 18.15.040 Table 3 -1 — Allowed and Prohibited Uses; Marijuana Recreational Processor; and Marijuana Recreational Producer and Table 3A -1 — Allowable and Prohibited Uses; Marijuana Recreational Retailer; Marijuana Recreational Processor; and Marijuana Recreational Producer. Chairman Sullivan pointed out that it is not the use table that rules, it is the language in the code that rules. Associate Planner Zmolek read and clarified the following sections in the JCC 18.20 Performance Standards (applied to Recreational Marijuana): (2) Definitions. (b) Marijuana processor and (c) Marijuana producer (3) Use zones — (Not allowed in Port Ludlow) (4) The following standards shall apply for all recreational marijuana activities. a. Producing b. Producing c. Processing d. Processing and Retail in the Agricultural zoning district Page 1 Commissioners Special Meeting Minutes of May 21, 2015 1 90, e. No recreational marijuana operation may be permitted as a home business Outdoor in ¢ Landsg. cape e scre screening h. Setbacks i. Cameras j. Any ence 8 feet or taller shall be located a minimum 25' from all parcel property lines (only for outdoor growing and temporary structures) k. Recreational Marijuana activities and facilities shall comply with all applicable standards 1. All recreational marijuana licensees shall provide to the Department of Community Development and Environmental Health a copy of all operations plan Associate Planner Zmolek reviewed section 18.20.030 - Agricultural Activities and Accessory Uses. Chief Civil Deputy Prosecuting Attorney David Alvarez stated that there was a recent State Supreme Court case authorizing the City of Kent to regulate medical marijuana dispensaries through their land use regulations. He acknowledges that the issue being discussed is not medical marijuana, however, he feels confident that there is no difference for local governments, including a City or a County, to regulate recreational marijuana through land use. It is authorized in the Washington Administrative Code (WAC). Commissioner Kler discussed the potential impacts of SB5052 establishing the Cannabis Patient Protection Act. She said there is more enforcement with medical marijuana. The rulemaking for SB5052 could take up to a year. Once that is completed the County will need to revisit its regulations. Chairman Sullivan stated he advocates regulating all agriculture lands the same. Smaller parcels have a greater impact on neighborhoods. County Administrator Morley discussed the following options to be considered by the Board: • Accept the Planning Commission's recommended regulations and adopt an ordinance at a future meeting without holding a public hearing; or • If substantial changes are made to the Planning Commission's recommended regulations, the Board will need to schedule a public hearing (tentatively scheduled for June 8, 2015 at 10:00 a.m. at the Jefferson County Fairgrounds); or • Extend the current moratorium Commissioner Johnson moved to accept the Planning Commission's recommended regulations. The motion died due to the lack of a second. Chairman Sullivan presented the Board with the following new suggested language for 18.20.030 (2)(vii) Structures. "All permanent agricultural buildings shall be no larger than 25, 000 square feet or fifteen percent (IS %) oithe subject parcel whichever is smaller and ifanR of the abutting-parcels are zoned RR 1:5, then the structure shall have a minimum 25 feet setback from all property lines including Page 2 Commissioners Special Meeting Minutes of May 21, 2015 MR, front road setbacks and shall have type "A" landscape screening from abutting parcels per JCC 18.30.130, Development Standards. Nothing in this paragraph shall exempt such permanent agricultural buildings from all other state and local regulations relating to structures and their construction. " Chairman Sullivan stated the language would treat everyone the same. He feels his suggested changes are a good place to start if the Board chooses to hold a public hearing. In response to a question asking if the suggested regulation includes existing structures, Chairman Sullivan said this regulation would only effect new structures. Director Smith stated that a clear definition of "Agricultural Structure" would need to be written. Chairman Sullivan stated his suggested regulations are only for structures abutting 5 acre parcels. Chief Civil Deputy Prosecuting Attorney Alvarez suggested that if the Board wants to implement regulations that will affect all agricultural lands that it be remanded back to the Planning Commission and that the Board approve a moratorium. County Administrator Morley stated that if the Board determines they would like to address the impacts for all agricultural lands as suggested by Chairman Sullivan, the Board would need to adopt a new moratorium and remand it back to the Planning Commission. The moratorium could include these limits as an interim control. Or the Board could adopt, in some form, the Planning Commission's recommended regulations and then set a work program and timetable for the Planning Commission to address the agricultural -wide issues. Director Smith stated his Department has a large workload and future moratoriums and work plans will have a substantial impact. Chief Civil Deputy Prosecuting Attorney Alvarez discussed the consequences of the options before the Board. Chairman Sullivan reiterated that by limiting maximum building size next to parcels that are zoned RR 1:5 is going to protect residential areas without unduly impacting agriculture. Commissioner Johnson moved to accept the Planning Commission recommendations. Commissioner Kler seconded the motion for discussion. County Administrator Morley discussed the impacts and stated that adopted standards can be revisited at a future date. Chief Civil Deputy Prosecuting Attorney Alvarez discussed legal notice as required in the permit process. Director Smith stated that some of the permit issues can be addressed administratively. Chairman Sullivan called for a vote on the motion. Commissioner Johnson and Commissioner Kler voted for the motion. Chairman Sullivan voted against the motion. The motion carried. Page 3 Commissioners Special Meeting Minutes of May 21, 2015 X DRAFT Nz County Administrator Morley stated that staff is directed to prepare a final draft of the ordinance using the Planning Commission's recommendations to be placed on a future agenda for final approval by the Board of Commissioners prior to the expiration of the moratorium (June 11, 2015). NOTICE OFADJOURNMENT.- Commissioner Johnson moved to adjourn the meeting at 11:45 a.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: Leslie R. Locke Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair 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 Kier t r County Administrator: Philip Morley ► Clerk of the Board: Erin Lundgren ' ° )' MINUTES Week of May 26, 2015 Chairman David Sullivan called the meeting to order at the appointed time in the presence of Commissioner Phil Johnson and Commissioner Kathleen Kier. PUBLIC COMMENTPERIOD.- The following is a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: • citizen commented on delays in the County's permit approval process; and • citizen commented on the potential use of harmful pesticides for weed control along roadsides. 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 . AGREEMENT re: Noxious Weed Control Coordinator Position; In the Amount of $28,000; Jefferson County Cooperative Extension, Washington State University; Joost Besijn 2. AGREEMENT re: Rural Arterial Program (RAP) Project for Construction Proposal for South Discovery Road Pavement Preservation M.P. 3.20 — M.P. 4.56; Authorized RATA Funds; In the Amount of $450,000; Jefferson County Public Works; Washington State County Road Administration Board (CRAB) 3. AGREEMENT re: Rural Arterial Program (RAP) Project for the Dosewallips Road Emergency Repair M.P. 3.25; Authorized RATA funds; In the Amount of $93,600; Jefferson County Public Works; Washington State County Road Administration Board (CRAB) 4. AGREEMENT re: Oak Bay Park Camp Host; No Dollar Amount; Jefferson County Public Works; Howard and Peggy Doi 5. Letter of Appreciation re: Support for the Reauthorization of Secure Rural Schools and Self - Determination Act (SRS); Senator Maria Cantwell; Senator Patty Murray; and Representative Derek Kilmer 6. Advisory Board Reappointment re: Jefferson County Board of Health; Three (3) Year Term Expiring May 31, 2018; Jefferson Healthcare Representative, Jill Buhler 7. Advisory Board Appointments (2) re: Mental Health Substance Abuse Advisory Committee; 1) Law and Justice Representative, Anne Dean; and 2) Substance Abuse Representative, Alternate for Conner Daily, Michael Evans 8. Payment of Jefferson County Vouchers/Warrants Dated May 18, 2015 Totaling $788,105.84 9. Payment of Jefferson County Payroll Warrants Dated May 20, 2015 Totaling $74,151.69 and A/P Warrants Done by Payroll Dated May 20, 2015 Totaling $15,863.57 Page I Commissioners Meeting Minutes of May 26, 2015 COMMISSIONERS BRIEFING SESSION: The Co—mmissioners reported the following: Chairman Sullivan Noted that the Economic Development Council (EDC) and the Jefferson County Chamber of Commerce are sharing office space. - Attended an open house at the Brown Farm in Chimacum, where WSU- Jefferson County Extension will have office space. Commissioner Kler - Commented on the positive impacts of the new Jefferson Transit facility. - Will be attending an open house at the Brown Farm in Chimacum on June 4, 2015. - Noted there was an article in today's newspaper where the Chimacum School Principal talked about local food and farming as a career choice. - The Brinnon Shrimp Festival was well attended. - Many people attended the Quilcene Garden Club event as well as the Worthington Mansion Garage Sale. - The large parcel of property located next to Peninsula Grocery in Quilcene has sold. She is meeting with the buyer to discuss their plans for the property. - The Peninsula Regional Support Network (PRSN) meeting held in Sequim last Friday, highlighted the urgency and complexity of the state mandate to bring Chemical Dependency and Mental Health into one service provider pathway which is complicated by Clallam, Jefferson and Kitsap Counties receiving the funds through a block grant. The changes ahead are going to impact the Counties as well as the tribes. She is hearing concerns from citizens that the County is indiscriminately closing beaches to shellfish harvesting. It is a public information challenge to explain the seriousness of shellfish related diseases and shellfish poisoning. The meeting was recessed at 9:31 a.m. and reconvened at 9:59 a.m. with all three Commissioners present. EXECUTIVE SESSION. • An Executive Session was scheduled from 10:00 a.m. to 11:00 a.m. with the County Administrator, Prosecuting Attorney, Deputy Prosecuting Attorney, Central Services Director, Clerk of the Board and Outside Legal Counsel regarding Attorney-Client Privilege, Actual Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 10:00 a.m. to 11:32 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. REAPPOINTMENT OF SPECIAL DEPUTY PROSECUTOR: Commissioner Johnson moved to request the Prosecuting Attorney's office staff to reappoint Jeff Myers as a Special Deputy Prosecutor representing Jefferson County in case #45756 -3 -II, Mike Belenski vs. Jefferson County, and Page 2 Commissioners Meeting Minutes of May 26, 2015 DRAFT � to work with the Central Services Department staff on redacting public records. Commissioner Kier seconded the motion which carried by a unanimous vote. The meeting was recessed at 11:34 a.m. and reconvened at 1:34 p.m. with all three Commissioners present. COUNTYADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination • Commissioner Kler will attend a Developmental Disability Advisory Board (DDAB) meeting on May 26, 2015 at 3:00 p.m. • Commissioner Sullivan and County Administrator Morley will attend a JeffCOM meeting on May 28, 2015. Chairman Sullivan and County Administrator Morley will attend a North Olympic Development Council (NODC) meeting on May 28, 2015. • Commissioner Kler will attend a Solid Waste Advisory Committee (SWAC) meeting on May 28, 2015. • County Administrator Morley and Central Services Director Gifford will attend a meeting regarding the Tri Area Food Bank on May 29, 2015. • Commissioner Kler and Commissioner Johnson will attend a Sound Choice meeting on May 29, 2015. • Commissioner Johnson will be out of the office on June 1, 2015. • Commissioner Johnson will attend a Sunshine Coffee dedication on June S, 2015. Commissioner Kler will attend a Tourism Coordinating Council meeting on June 9, 2015. • Commissioner Kler will attend a Substance Abuse Advisory Board meeting on June 9, 2015. Commissioner Johnson will attend a Olympic Region Clean Air Agency (ORCAA) meeting on June 10, 2015. • Commissioner Kler will attend a Marvin Shields ceremony at the Gardiner Cemetery on June 10, 2015. • Commissioner Kler will attend an American Legion ceremony on June 10, 2015. • Commissioner Kler will attend a Hospice Foundation Breakfast on June 11, 2015. • Commissioner Kler and County Administrator Morley will attend the Indian Island Change of Command ceremony on June 11, 2015. • There will be a Transit Grand Opening ceremony on June 12, 2015. There will be a `World's Largest" swim lesson on June 18, 2015. Chairman Sullivan will attend a Peninsula Regional Transportation Planning Organization (PRTPO) tour on June 19, 2015 at 10:00 a.m. • Commissioner Johnson will be out of the office June 21, 2015 through July 4, 2015. • County Administrator Morley will be out of the office July 2 -25, 2015. • Commissioner Johnson will be out of the office July 22 -26, 2015. Page 3 t District No. I 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 June 1, 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 provided information on an RCW (Revised Code of Washington) that may pertain to the recent logging in Port Ludlow; A citizen stated: 1) In a forest fire, clear cuts could act as firebreaks; 2) Chimacum Grange will be hosting an informational meeting on growing Quinoa; 3) A project in Discovery Bay seems to be moving forward; and 4) The County could benefit from an increase in efficiency and gave staffing suggestions; and A citizen spoke in regard to the implementation of I -502 in Jefferson County and stated she is applying to serve on the Planning Commission. COMMISSIONERS BRIEFING SESSION. The Commissioners reported on their meeting schedules. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Klei moved to approve all the items on the Consent Agenda as presented. Chairman Sullivan seconded the motion. The motion carried. 1. HEARING NOTICE re: 2015 Conservation Futures Funding Applications; 1) 2015 Quimper Wildlife Corridor Addition; 2) Bishop Dairy Preservation; 3) Lower Big Quilcene River Riparian Protection; and 4) Midori Farm; Hearing scheduled for Monday, June 22, 2015 at 10:00 a.m. in the Commissioners Chambers 2. RESOLUTION NO. 17 -15 re: Establishing the Date for 2016 Budget Submissions, Review Hearings and Final Adoption 3. AGREEMENT, Change Order No. 2 re: Memorial Field Roof Rehabilitation Project, County Project No. 301 594 154; In the Amount of $9,883.85; Jefferson County Public Works; Primo Construction, Inc. 4. BID AWARD AND AGREEMENT re: Supply of Motor Fuel for County Vehicles; In the Amount of $1,274,072; Jefferson County Central Services; Associated Petroleum Products, Inc. 5. AGREEMENT re: GIS Web and Database Upgrade; In the Amount of $25,000; Jefferson County Central Services; Pro -West and Associates, Inc. Page 1 Commissioners Meeting Minutes of June 1, 2015 DRAFT x 6. AGREEMENT re: Provide Educational Opportunities to West Jefferson County Students; In the Amount of $5,472; Jefferson County Public Health; Port Angeles School District 7. Advisory Board Resignation re: Climate Action Committee (CAC); Faith Based Representative, Valerie Johnstone 8. Advisory Board Reappointment re: Jefferson County Planning Commission; Four (4) Year Term Expiring on June 1, 2019; District No. I Representative, Kevin Coker 9. Advisory Board Appointment re: Gardiner Community Center Board of Directors; Three (3) Year Term Expiring on June 1, 2018; Fran Reynolds 10. Advisory Board Appointment re: North Pacific Coast Marine Resources Committee (NPC MRQ Two (2) Year Term Expiring on June 1, 2017; Citizen Representative, Ed Ansorg 11. Payment of Jefferson County Vouchers/Warrants Dated May 26, 2015 Totaling $323,208.33 The meeting was recessed at 9:31 a.m. and reconvened at 1:28 p.m. with Chairman Sullivan and Commissioner Kler present. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination • Commissioner Kler will be attending the Finn River dedication on June 4, 2015. • Chairman Sullivan will be attending the Quilcene High School graduation on June 4, 2015. • Commissioner Johnson will be attending the Sunshine Coffee dedication on June 8, 2015. • Commissioner Kier will be attending a Tourism Coordinating Council (TCC) meeting on June 9, 2015. • Commissioner Kler will be attending a Substance Abuse Advisory Board (SAAB) meeting on June 9, 2015. • Commissioner Johnson will be attending an Olympic Region Clean Air Agency (ORCAA) meeting on June 10, 2015. • Commissioner Kier will be attending a Marvin Shields ceremony at the Gardiner Cemetery on June 10, 2015. • Commissioner Kier will be attending an American Legion ceremony on June 10, 2015. • Commissioner Kler will be attending a Hospice Foundation breakfast on June 11, 2015. Commissioner Kler and County Administrator Morley will be attending a Change of Command Ceremony at Indian Island on June 11, 2015. • There will be an Economic Development Council (EDC) Jefferson County Business Resource Center open house on June 11, 2015. • All three Commissioners will be attending the Jefferson Transit Grand Opening Ceremony on June 12, 2015. • There will be a Fort Worden Public Development Authority (FWPDA) Open House on June 13, 2015. • The Guinness Book of World Records will be conducting the World's Largest Swim Lesson on June 18, 2015. Page 2 Commissioners Meeting Minutes of June 1, 2015 DRAFT • Chairman Sullivan will be attending a Peninsula Regional Transportation Planning Organization (PRTPO) tour on June 19, 2015. • Commissioner Kler will be attending the Nicholai Monument dedication on June 20, 2015. • Commissioner Johnson will be out of the office June 21, 2015 — July 4, 2015. • County Administrator Morley will be out of the office July 2 -25, 2015. • Commissioner Johnson will be out of the office July 22 -26, 2015. Miscellaneous Items • Climate Action Committee (CAC) meeting to discuss electric vehicles. • Comprehensive Plan: Population numbers for the City of Port Townsend/Jefferson County. • Discovery Bay Cemetery; Letter from Ray Hunter. Need to assess County responsibility. • Gardiner Community Center; Window installation request for help. $5,000 donation to Gardiner Community Center Board is less than cost of project. • Update on Prosecutor, Sheriff and Assessor re- organization/staffing requests. • County Administrator Morley speaking engagement; Accountable Communities of Health (ACH), legislature, parks, transportation. • Puget Sound Regional Network (PSRN) and Behavioral Health Organization; Executive and Advisory Board. • Recent studies /reports on Glyphosate have been referred to Noxious Weed Control Board (NWCB) and WSU Extension to see if they recommend any changes in the NWCB's current management scheme. • Discussion of proposed ordinance to regulate Recreational Marijuana, focusing on the Whereas statements and discussion, especially page 5 and 6 as to the Department of Community Development (DCD). County Administrator Morley to send most recent draft to Commissioners for their review. NOTICE OFADJOURNMENT. Commissioner Kler moved to adjourn the meeting at 3:13 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 Page 3 District No. I 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 ti DRAFT w� MINUTES Week of June 8, 2015 Chairman David Sullivan called the meeting to order at the appointed time in the presence of Commissioner Phil Johnson and Commissioner Kathleen Kier. PUBLIC COMMENT PERIOD: The following is a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: Three (3) citizens commented on the Port Ludlow timber harvest issue; and Four (4) citizens commented on the proposed marijuana regulations. APPRO VAL AND ADOPTION OF THE CONSENT A GENDA: Commi ssioner Johnson moved to approve all the items on the Consent Agenda as presented. Commissioner Kier seconded the motion which carried by a unanimous vote. 1. ADVISORY BOARD APPOINTMENT: Ferry Advisory Committee (FAC); City of Port Townsend Representative, Planning Director Lance Bailey 2. Payment of Jefferson County Vouchers/Warrants Dated June 1, 2015 Totaling $2,562.31 COMMISSIONERS BRIEFING SESSION: To allow time for discussion of scheduled agenda items, no updates were provided. DISCUSSION re: Proposed Ordinance Relating to the Production, Processing, and Retailing of Recreational Marijuana within Jefferson County: Department of Community Development (DCD) Director Carl Smith and Associate Planner Colleen Zmolek were present to discuss the proposed ordinance relating to the production, processing, and retailing of recreational marijuana within Jefferson County. Chief Civil Deputy Prosecuting Attorney David Alvarez arrived toward the end of the discussion. Ms. Zmolek explained that the ordinance being presented to the Board for approval includes the use table, allowed uses and process as proposed by the Planning Commission. County Administrator Morley noted that the code revisions outlined in the ordinance were recommended by the Planning Commission in a vote of 6 -0 after a public hearing on May 20, 2015. Under the law, the Board has the option to accept the Planning Commission's recommendation and take action to adopt the proposed ordinance, or make further changes and hold a separate hearing on those changes. In addition to adopting the proposed regulations there is a substantial group of "Findings" that Page 1 Commissioners Meeting Minutes of June 8, 2015 � DRAFT are included in the ordinance and lay out the process and justification for the code changes. Upon adoption, the regulations would go into effect immediately and repeal the existing moratorium. For clarification purposes, Commissioner Kler requested a slight language change to add the word "outdoor" to paragraph 5 on page 4 so it reads "WHEREAS, the outdoor production of marijuana must comply... ". County Administrator Morley noted that as a matter of process, the Commissioners can amend the language of the "Whereas" statements because they are not regulations in and of themselves. It is the code changes which the Commissioners cannot change without holding a public hearing on the changes. Commissioner Johnson and Chairman Sullivan concurred with making the language change as suggested by Commissioner Kler. Chairman Sullivan stated this has been a challenge. He has difficulty with the approach that is being taken. As noted in some "Whereas" statements, Jefferson County has been very supportive of agriculture. He has been an advocate of dealing with this issue from an approach of impacts based on scale and intensity. Part of the difficulty is trying to deal with this as marijuana, County by County by County. The State has laid this issue on Counties to deal with. It has been brought up that if we deal with issues based on impacts, we might be restrictive on marijuana and could end up being more restrictive on other types of agriculture. That has not been our intent. Agriculture has been one of the areas where we have grown jobs during the recession, it is one of the growing areas of our economy, and it is a place where we have grown jobs with young people. It is not our intent to do anything that would hurt that process. We have put limits on agriculture in critical areas and places where there needs to be a balance with environmental issues. But, this has been done in a very judicious way in trying to meet the needs of both the economy and the environment with hope that both will be better in the long tern. He has appreciated that approach over the years. With regard to this issue, he is disappointed that we haven't taken an approach that would deal with the impacts as a separate issue from marijuana. He is finding himself not wanting to support the proposed regulations and wishing that we would take a different approach. We have the moratorium in place. He discussed concerns with the existing code and stated that there are issues that need to be addressed in a way that is balanced and fair and helps us promote agriculture in this County. There is an unfairness with the proposed regulations, and that bothers him. He wants to deal with the impacts such as size and setback restrictions rather than dealing with this as a marijuana issue. He is willing to consider extending and changing the moratorium to deal with the impacts, but he is unable to support the proposed regulations. Commissioner Kler asked Chairman Sullivan if the tension within his offer is whether or not adopting this code would be more harmful than extending the moratorium? Chairman Sullivan replied yes. What he would like to see the moratorium changed to narrow it further using the setback and building size limits we have outlined. He understands the immediate concern is with marijuana businesses, but he would like not to have a blanket conditional use process for all the smaller operations. He also has sympathy for the individuals who in good faith have done a legal economic activity and have started making business plans based on the direction this County was taking. In doing a moratorium, we told them we would have regulations in six months. Then we needed to extend the moratorium for another four months, and now we are feeling pressure because 10 months has not been enough time to deal with it. He appreciates the effort staff and the Planning Commission has put in on this, but they also were pressured by time to deal with this in this way. Every County in the State is trying to grapple with this Page 2 Commissioners Meeting Minutes of June 8, 2015 � ORAr i C, issue. We are going to have to come back and visit these issues because of the new law regarding medical marijuana. He wants to look at a different type of moratorium, perhaps just on marijuana businesses that establishes setback and size conditions. Commissioner Kler stated she thought that is what we had attempted to do and we ended up with something that doesn't quite fit. Chairman Sullivan stated that he does not think this will solve the concerns people have about marijuana. There are legitimate concerns about marijuana in our community, such as youth using marijuana before they are fully developed. There are reasons to be concerned about marijuana, but he does not think these regulations address those concerns. Commissioner Kler stated that there is misunderstanding that the discretionary conditional process give the power of veto to neighbors. She is hearing that individuals are surprised that they cannot say no and they thought that is what all this was about. Chairman Sullivan noted that it can increase the expense and cause delays for the business owners. But, also he thinks we will end up in frustration. Commissioner Kler agreed and stated that is because neighbors will get to express concern, but not stop a marijuana business, and business owners will have to wait and pay for the hearings. The County is trying to be friendly to both agriculture and business. Establishing code can be done in a reactive mode to deal with the fear and part of the County's response was reactive to the large size of the one operation that was locating in a part of a neighborhood that nobody thought was appropriate. She noted that Chairman Sullivan stated that the County establishes protective codes with regard to critical areas. Where we are running into problems is that this is predictive. We don't know all of the impacts. County Administrator Morley stated the intent of the conditional use permit is not to be a popularity vote in noticing neighbors, but rather allowing issues about offsite impacts to be brought to the attention of the Department of Community Development and in more extraordinary cases, potentially to a hearing examiner so that those issues could be addressed as conditions in the permit to mitigate any impacts. Commissioner Kler stated she understands the intent. What she is hearing from individuals in the community is that a popular understanding is distorted. When people go further into details, she thinks there will be some frustration because of their misunderstanding that notification gives them power to say no. Commissioner Johnson asked Chairman Sullivan if he is basically suggesting that the Board take action to extend the moratorium? Chairman Sullivan replied yes, but limit it to large parcels by using the language in item #4 under "Producing ". Commissioner Johnson stated many individuals want to get their businesses started. Chairman Sullivan stated his idea is to let them do that as long as they don't have a building that is too big or too close to a property line and has appropriate screening. The moratorium would be on anything that is too big and too close as outlined in the moratorium, and then we could develop the code which would formalize the regulations. Page 3 Commissioners Meeting Minutes of June 8, 2015 DAFT - EI-1 Commissioner Kler asked if the County's existing code contains enough regulation to cover everything else not subject to the moratorium? Chairman Sullivan replied that he thinks we could develop a moratorium that would include some of the language in attachment "D" of the proposed regulations under item #4 which outlines size limits. He would also be willing to consider changing those size limits. Commissioner Mer asked if those size limits could be changed without a public hearing? Chairman Sullivan replied no. If the Board takes action to approve a new moratorium, a public hearing on the moratorium would have to be held within 60 days. Chairman Sullivan would also like to include in the moratorium the setback requirements outlined in item "H ". If the Board approved a moratorium with limits on size and setbacks, then everybody with operations that are smaller and more friendly and appropriate for their neighbors could move forward. This would give the County a chance to deal with this issue and the medical marijuana issue which has some unknown elements. We are going to visit this issue again in a new way Commissioner Kler shares the concern that the County will be facing this again with regard to medical marijuana. Chairman Sullivan stated he feels we need to try to be as friendly as we can be to business interests and as fair as we can be. Commissioner Kler stated last week she looked into the number of County's that still have a moratorium in effect while refining code. Thurston County tried something that is not working and are now redrafting regulations. There are not many Counties that have this worked out. She expressed appreciation to Chairman Sullivan for working so hard on this issue. This has not fit what we have needed, yet she has been hesitant to completely lift the moratorium because there might be issues with scale and intensity. There are many concerns about this new use. Nobody knows how much agriculture land is going to be taken away from food production. How to be cautionary without being overly restrictive comes down to scale and intensity. Commissioner Johnson agrees we are dealing with scale and intensity. It is not only the marijuana producers, it is the people that came here to live a rural quite lifestyle and now have the potential of this encroachment. Jefferson County's agriculture regulations basically allows agriculture anywhere. He does not think that many Realtor's told purchasers that they were buying property that is zoned agriculture. Chairman Sullivan added that this issue also affects rural residential properties zoned RR1:10, RR1:20. Commissioner Johnson stated in some cases the effect on neighboring properties is potential and may or may not happen which is why he is in favor of moving forward with the proposed regulations immediately which will allow people to get started on their projects. Commissioner Kler expressed concern about everything having to go through a conditional discretionary process, in terms of timing, bottleneck, and staff stresses at the Department of Community Page 4 Commissioners Meeting Minutes of June 8, 2015 4 ulIAFT Development. It seems like we are adding to those if every single application must go through that process. Director Smith commented that he realizes this is a difficult issue to get resolution on. The conditional use process is not required for every type of application. It will be used primarily for applications for producing and processing in residential zones. There are other zones where applications will be approved without going through this process. He noted that the Department has had experience with one application that went through a conditional use process which allowed notice to the neighbors and turned out to be beneficial because the neighbors were able to meet the applicant and understand the project which alleviated concern and the project was approved. Associate Planner Zmolek added that the application was for processing with a Cottage Industry permit. The applicant also had to get approval for a lot consolidation. The permit is ready to issue. This is evidence that it does work. It is a process that allows notice to neighbors. Neighbors on both sides of the issue met which gave the hearing examiner some examples of how to facilitate the approval. The conditional use process is important because of the notice to neighbors which makes it possible to have conditions on a permit. Director Smith added that it does not have to be a very burdensome process for DCD staff or the applicant. He commented on the "Findings" of the Planning Commission which were addressed at eight meetings including a public hearing. The members of the Planning Commission heard from many people, including neighbors to these operations who are concerned with their quality of life, property uses, and quiet enjoyment. The Planning Commission was trying balance those concerns with the "wants" of the marijuana proponents. Individuals with agriculture interests also expressed concern about any additional regulation on agriculture as being a potential impact on them. Marijuana is a new industry and so the Planning Commission felt that it deserves an initial cautionary approach. We will revisit this again, but the Planning Commission felt it was wise and appropriate to have something in place because we don't have experience with it. Chairman Sullivan stated that he is sympathetic to working more, but he thinks a lot of the things that Director Smith just mentioned could be addressed by limiting size and setbacks. If we kept the moratorium on that, we can allow everything else to go forward. This will give individuals the choice to wait until the County develops further regulations or making their plans. We don't know what plans individuals may have in terms of size and setbacks and we may find this becomes a non - issue. We do not require conditional use permits for everything. Especially, projects that are not going to have much of an impact on neighbors. In the end, if people locate their projects in smaller buildings and farther away from their neighbors, they will not have much of an impact. After discussion of federal and state regulations with regard to marijuana, Commissioner Johnson moved to accept the Planning Commission's recommendation and adopt the proposed Ordinance Relating to the Production, Processing, and Retailing of Recreational Marijuana within Jefferson County. Commissioner Kler stated she would like to explore a narrower moratorium that better fits the intent. The motion died for lack of a second. The Board agreed to continue discussion of this topic at 1:30 p.m. Page 5 Commissioners Meeting Minutes of June 8, 2015 DRAFT EXECUTIVE SESSION. An Executive Session was scheduled from 10:00 a.m. to 10:45 a.m. with the County Administrator, Deputy Prosecuting Attorney, Department of Community Development Director, and Associate Planner regarding Attorney- Client Privilege, Actual Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 10:04 a.m. to 10:53 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting and took action to authorize staff to begin a negotiation process with Port Ludlow Associates regarding their recent timber harvest. CLOSED SESSION: A Closed Session was scheduled from 11:00 a.m. to 12:00 p.m. with the County Administrator, Prosecuting Attorney, Assessor, Auditor, Clerk, Sheriff, Treasurer, Public Works Director, Public Health Director, Clerk of the Board, and outside Labor Relations Consultant to discuss strategy or position for Collective Bargaining as excluded from the Open Public Meetings Act outlined in RCW 42.30.140(4)(6). The actual period of time the Board met in Closed Session on this topic was from 11:00 a.m. to 12:05 p.m. At the conclusion of the Closed Session the Board resumed the regular meeting. The meeting was recessed at 12:05 p.m. and reconvened at 1:30 p.m. with all three Commissioners present. CONTINUED DISCUSSION and FINAL ACTION re: Proposed Ordinance Relating to the Production, Processing, and Retailing of Recreational Marijuana within Jefferson County: Department of Community Development (DCD) Director Carl Smith, Associate Planner Colleen Zmolek and Chief Civil Deputy Prosecuting Attorney David Alvarez were present to discuss the proposed ordinance relating to the production, processing, and retailing of recreational marijuana within Jefferson County. Commissioner Kler explained that the discussion was continued because she wanted more information on Chairman Sullivan's suggestion to extend and change the moratorium and there was not enough time to explore that option during the morning session due to other scheduled items on the agenda. Chairman Sullivan stated that he expressed his concerns this morning, so he will not repeat them again. His suggestion is a compromise to modify and extend the existing moratorium (Ordinance No.01 -0209- 15 adopted February 9, 2015). Language in the second bullet on page five (5) of the existing moratorium would be replaced with the following language from the Planning Commissions proposed regulations: Production and processing of marijuana at a parcel or parcels designated Rural Residential 1:5 where the temporary or permanent growing structure size is a total combination of square footage ofgross floor area for all growing structures less than f ve percent (5016) of gross parcel size in square feet, up to a maximum 10,890 sf gross floor area, or designated Rural Residential 1:10 & 1:20 and Forest Resource lands CF -80, RF 40, or IF where the temporary or permanent growing structure size is a total Page 6 Commissioners Meeting Minutes of June 8, 2015 � DRAFT X, combination of square footage of gross floor area for all growing structures is less than five percent (5116) of the gross parcel size in square feet, up to a maximum of 21,780 sf of gross floor area, and that have a minimum 25 feet setback from all property lines including front road setbacks that abut Residential zoned land and have Type A landscape screening from adjacent parcels, per Jefferson County code 18.30.130, Development Standards. Chairman Sullivan stated that by making these changes applications can be reviewed based on scale and intensity, and individuals will be allowed to continue with their plans as long as they meet the size, setback, and screening limitations. Associate Planner Zmolek stated that it is her understanding this would implement certain Planning Commission's recommended performance standards in a moratorium. She explained that if the Board approves such a modified moratorium, DCD staff would need to review every process against the moratorium without a permit, which is a huge process for them. Based on the discussion this morning, it appears the biggest concern is the conditional discretionary use in Residential and Forest land designated zones. She asked that the Board consider the fact that staff cannot anticipate every property's configuration and potential conflict. This varies greatly depending upon each project's individual traits. A conditional use process allows for site specific issues to be addressed. Eliminating a conditional use process and only using specific development standards for each proposal use will leave us vulnerable to unanticipated conflicts. The development standards are developed to address most of these issues, but with new industry, they may not cover all issues. We heard loud and clear from the public that they want to be noticed and want the opportunity to comment. The public citizens against it have said that while they do not like the conditional use process, they are willing to accept the process allowing public participation and noticing. Her biggest concern with the proposal to modify and extend the existing moratorium is that it does not allow for public participation or the opportunity to comment on projects proposed in Residential and Forest land designated zones. Director Smith stated he is concerned about the additional time demand on DCD staff, the Planning Commission, and the Board of County Commissioners, should another moratorium be enacted. Chairman Sullivan stated the Board shares that concern. He regrets that we have not spent the last 10 months as wisely as we could have. He thinks we could be a lot farther along. Modifying and extending the existing moratorium is more desirable than doing nothing and letting the moratorium lapse. He would rather do something that is fair to business, fair to the people who have acting in good faith and addresses the concerns of small property owners. We have to judge whether or not a conditional use process is needed if these conditions are in place. He weighs this against what the County's conditions are for projects that are bigger, more intrusive, and have a greater impact. That is also part of the equation. By strictly focusing on marijuana, we are saying that certain individuals cannot have as big an impact as other individuals have and that certain neighbors will have less of an impact than what other neighbors could expect. Chief Civil Deputy Prosecuting Attorney Alvarez asked what will be done with the performance standards? Chairman Sullivan replied nothing would be done with them in this proposal. County Administrator Morley stated another option that the Board could consider is to adopt the ordinance proposed by the Planning Commission and set a timeframe, as is done with a moratorium, for Page 7 Commissioners Meeting Minutes of June 8, 2015 j' DRAFT EEC considering further modifications. The timeframe could be similar to a moratorium, nested with the Comprehensive Plan and Critical Areas updates, or we could set a timeframe that would allow us to get some experience with conditional use permits to see if there are additional off site impacts that we have not addressed in the performance standards. Perhaps, once we have completed the Comprehensive Plan and Critical Areas updates then we could perfect the marijuana regulations. He sympathizes with Chairman Sullivan's perspective of uniform scale and intensity concerns. So this could be a sequencing to address those concerns in the future. Chairman Sullivan stated that would take several years. County Administrator Morley agreed. Chairman Sullivan stated that we will probably be reviewing these regulations again because of the recent law change with regard to medical marijuana. Commissioner Kler stated that a sticking point for her is that we have experience in other types of agriculture and even though the argument keeps coming up that this shouldn't be about marijuana, it is marijuana and we do not know yet what is ahead and whether the fears are founded or not, but it has colored how we have been making this decision. So it does come down to the fact that this is about marijuana. Whether or not our code is fair, because we are focusing on marijuana, is difficult to judge with all of these moving pieces. It is unknown what is ahead regarding medical marijuana and weaving that into our use seems to her an ongoing challenge. This is not the finished point, but can we have a set point and then move from there? Chairman Sullivan stated he understands, which is why he is offering this compromise, because he sees his proposal as less unfair that what the Planning Commission has proposed which strictly addresses marijuana which is counter to the philosophical point and practical point he has been making for the business owners. After two moratoriums and 10 months later he does not feel that what is being proposed addresses the issues in the way he feels comfortable with. Commissioner Kler stated that it is difficult to reach a full point of satisfaction on a moving target. Chairman Sullivan agreed. He believes it is a moving target because we have not focused on scale and intensity and impacts. Instead, we focused on the subject of marijuana and tried to make it fit. If we dealt with it based on scale and intensity we would be able to address concerns. What code does not address is the size of buildings because of the agriculture exemption, and the setbacks. Commissioner Kler stated that what we could not address with existing code is neighbor notification because it is marijuana. Chairman Sullivan agreed, and added that notifying neighbors may possibly delay the project with a hearing examiner process and probably would not have a material impact unless there was cooperative agreement between the neighbors. If projects are setback far enough, have screening, and are small scale, they are not going to have those kinds of impacts. The concerns people have about marijuana are not land use concerns, they are social concerns which will not be addressed in the code. This is not going to solve some of the real community problems about marijuana. Commissioner Johnson stated he thinks we need to move forward with the recommendation of the Planning Commission to adopt the proposed regulations and work on refining them as needed. Page 8 Commissioners Meeting Minutes of June 8, 2015 if DRAFT Director Smith stated that this ordinance will allow for some protection while we get more experience and familiar with it. This will need to be revisited in the future. But, right out of the gate, will give the community some protections. Chairman Sullivan stated that "protection" is a very strong word for a business that is screened, setback, and smaller than what is already allowed for other things. Protection from what? Commissioner Kler added that the State Liquor Control Board uses the word "Site Obstructing ", which is not structural, it is visual. Director Smith noted that the ability to do processing and producing in Rural Commercial zones would also be eliminated in the modified and extended moratorium proposal. All the other performance standards would be eliminated as well. Commissioner Kler moved to accept the Planning Commission's recommendation and adopt ORDINANCE NO. 04-0608-15 Relating to the Production, Processing, and Retailing of Recreational Marijuana within Jefferson County, with the addition of the word "outdoor" to paragraph five on page 4 so it reads "WHEREAS, the outdoor production of marijuana must comply.... ". Commissioner Johnson seconded the motion. Chairman Sullivan stated he understands the undesirable alternatives. He called for a vote on the motion. Commissioner Kler and Commissioner Johnson vote in favor of the motion. Chairman Sullivan voted against the motion. The motion carried. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination: • Commissioner Kier will attend a Developmental Disability Advisory Board (DDAB) meeting on May 26, 2015 at 3:00 p.m. • Commissioner Sullivan and County Administrator Morley will attend a JeffCOM meeting on May 28, 2015 • Chairman Sullivan and County Administrator Morley will attend a North Olympic Development Council (NODC) meeting on May 28, 2015 • Commissioner Kler will attend a Solid Waste Advisory Committee (SWAC) meeting on May 28, 2015 • County Administrator Morley and Central Services Director Gifford will attend a meeting regarding the Tri Area Food Bank on May 29, 2015 • Commissioner Kler and Commissioner Johnson will attend a Sound Choice meeting on May 29, 2015 • Commissioner Johnson will be out of the office on June 1, 2015 • Commissioner Johnson will attend a Sunshine Coffee dedication on June 8, 2015 • Commissioner Kler will attend a Tourism Coordinating Council meeting on June 9, 2015 • Commissioner Kler will attend a Substance Abuse Advisory Board meeting on June 9, 2015 • Commissioner Johnson will attend a Olympic Region Clean Air Agency (ORCAA) meeting on June 10, 2015 Page 9 Commissioners Meeting Minutes of June 8, 2015 DRAFT n • Commissioner Kler will attend a Marvin Shields ceremony at the Gardiner Cemetery on June 10, 2015 • Commissioner Kler will attend an American Legion ceremony on June 10, 2015 • Commissioner Kler will attend a Hospice Foundation Breakfast on June 11, 2015 • Commissioner Kler and County Administrator Morley will attend the Indian Island Change of Command ceremony on June 11, 2015 • There will be a Transit Grand Opening ceremony on June 12, 2015 • There will be a `World's Largest" swim lesson on June 18, 2015 • Chairman Sullivan will attend a Peninsula Regional Transportation Planning Organization (PRTPO) tour on June 19, 2015 at 10:00 a.m. • Commissioner Johnson will be out of the office June 21, 2015 through July 4, 2015 • County Administrator Morley will be out of the office July 2 -25, 2015 • Commissioner Johnson will be out of the office July 22 -26, 2015 Miscellaneous Items: (not discussed) Legislative Update: (not discussed) Future Agenda Items: (not discussed) The meeting was recessed at 2:15 p.m. and reconvened at 3:00 p.m. with all three Commissioners present. UPDATE re: Quilcene Acquisitions 2012 Project (RCO #12- 1384C); James and Henderson Properties: Public Health Department Environmental Health Specialist Tami Pokorny was present to provide an update on the Quilcene Acquisitions 2012 Project (RCO #12- 1384C). She stated that Jefferson County has had a grant since 2012 to receive funding from the Recreation and Conservation Office (RCO) Salmon Recovery Funding Board to acquire properties in the Quilcene Floodplain. When this project initially began, two different properties had been identified for acquisition, but efforts to acquire them were ultimately unsuccessful. With approval of the RCO and the lead entity, County staff has identified two substitute properties: 1) Henderson property located at 195 Rodgers Street, Quilcene, WA; and 2) James property located off of Fremont Avenue, Quilcene, WA. A comparative market analysis was completed for the James property indicating a value below $10,000. An appraisal of the Henderson property indicates a value of $28,000. County Administrator Morley asked if the funding for the acquisition is entirely RCO funded? Ms. Pokorny replied that the funding is coming from a match bank that was created when the properties on the Lazy C were purchased several years ago. This project and the 2012 Dosewallips/Duckabush project are the last opportunities to use this match funding mostly because the time eligibility is almost exhausted, but the funding is almost exhausted as well. County Administrator Morley asked what is the required funding match? Ms. Pokorny replied 15 %. In 2015, Public Works has offered to provide Title III of Secure Rural Schools funding to match the grant Page 10 Commissioners Meetin g Minutes of June 8, 2015 DRAFT we are pursuing this year. They would also potentially be available with that fund if there was a desire to negotiate if necessary. Commissioner Kler stated that if these properties are purchased by the County they are taken off of the tax rolls. She stated that the appraised value of these properties is not huge, and she asked if there is an estimate of the amount of taxes these properties generated. County Administrator Morley replied that it would be very low and that she could get a more precise amount from the Assessor Jeff Chapman. He noted that taking such action would shift the tax burden to other tax payers. It is not lost revenue, except there could be a very small amount of lost revenue in the case of the EMS levy which is already at its statutory maximum. Ms. Pokorny added that the community is excited about the economic development potential of having a trail system which would be part of the ultimate restoration and education opportunities in keeping pollution out of the river. County Administrator Morley asked if there is any aspect of this project to remove structures? Ms. Pokorny replied yes, that would be the next step. The grant funding would pay for acquisition and restoration. County Administrator Morley asked if Ms. Pokorny will be presenting information on the estimated cost of the restoration? Ms. Pokorny replied yes she can do that. County Administrator Morley stated that before the Board takes action to approve the acquisition, it would be helpful if staff could share more information on the total cost of the project. Ms. Pokorny stated she can submit the budget for the project along with the acquisition authorization approval request for consideration by the Board at a future meeting. Ms. Pokorny will conduct the project management of the remediation efforts. In terms of next steps, Ms. Pokorny asked if would be better to request negotiating latitude with the consent of Public Works, or whether she should request an Executive Session with the Board? There is a misconception on the size of the lot. The property owners thought it was 40,000 square feet and are asking $49,500 for the property. The appraiser identified it as only 30,000 square feet in size with an appraised value of $28,000 which is quite a bit less than the asking price. The probability of a counter -offer is likely. The Salmon Recovery Funding Board will not pay more than the appraised value for the property unless there is some fault with the appraisal. However, there may be other options because Public Works is more invested in these properties and their location. County Administrator Morley stated that he would think Ms. Pokorny would want general authorization to negotiate based on the appraisal information and bring back a proposed settlement for final approval by the Board. He suggested Ms. Pokorny discuss the process with Public Works staff and report to County Administrator Morley about future action. Page 11 Commissioners Meeting Minutes of June 8, 2015 t DRAFT NOTICE OFADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 3:25 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: Erin Lundgren, CMC Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member Page 12