Loading...
HomeMy WebLinkAboutM010515!� ON p \'SNING 0 District No. 1 Commissioner: Phil Johnson District No. 2 Commissioner: David W. Sullivan District No. 3 Commissioner: Kathleen Kier County Administrator: Philip Morley Clerk of the Board: Erin Lundgren MINUTES Week of January 5, 2015 Commissioner David Sullivan called the meeting to order at the appointed time in the presence of Commissioner Phil Johnson and Commissioner Kathleen Kier. BOARD REORGANIZATION: Commissioner Johnson moved to nominate Commissioner Sullivan to serve as Board Chairman for 2015. Commissioner Kier seconded the motion which carried by a unanimous vote. PUBLIC COMMENTPERIOD: The following is a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: • Three citizens welcomed Commissioner Kathleen Kier to the Board of Jefferson County Commissioners; • Seven citizens voiced their concern re: I -502 and the County's marijuana moratorium. APPROVAL AND ADOPTION OF THE CONSENTAGENDA: Commissioner Johnson moved to approve all the items on the Consent Agenda as presented. Commissioner Kier seconded the motion which carried by a unanimous vote. I. CALL FOR BIDS re: Courthouse Window Rehabilitation Project; Bids Accepted Until 9:30 a.m. and Opened and Read Publicly at 10:00 a.m., or shortly thereafter on Monday, January 26, 2015 in the Commissioners' Chambers 2. AGREEMENT re: Nurse Family Partnership Supervisor; In the Amount of $12,625.91; Jefferson County Public Health; Port Gamble S'Klallam Tribe 3. AGREEMENT re: Labor, materials and equipment to remove and properly dispose of Solid Waste; In the Amount of $9,973.50; Jefferson County Public Works; Trash Removal Services, LLC 4. AGREEMENT NO. LA -7391 re: Access Preservation to Hoh Rainforest, Olympic National Forest, Upper Hoh Road MP 3.2 to MP 6.9, Federal Aid Project No. PLH -A160 (001), County Project No. CR1896; In the Amount of $1,424,364.00; Jefferson County Public Works; Washington State Department of Transportation 5. Advisory Board Appointment re: Jefferson County Planning Commission; Unexpired Four (4) Year Term expiring March 17, 2017; Representing District 1, Cynthia Koan 6. Payment of Jefferson County Vouchers/Warrants Dated December 22, 2014 Totaling $210,367.70 7. Payment of Jefferson County Payroll Warrants Dated December 19, 2014 Totaling $74,446.24 and A/P Warrants Done by Payroll Dated December 19, 2014 Totaling $15,469.83 Page I Commissioners Meeting Minutes of January 5, 2015 XIK11,77' COMMISSIONERS BRIEFING SESSION. • The Commissioners each provided updates on the following items: Commissioner Johnson - Will be attending Clallam County's Shoreline Master Program (SMP) forum this week. Commissioner Kler - Geoduck season is closed due to marine pollution. Review of County Commissioner Board and Committee Assignments: The Board reviewed and updated the 2015 Commissioner Board and Committee Assignment list as follows: GROUP / ORGANIZATION BOARD REPRESENTATION Budget Committee David, Lead/Board Climate Action Committee Kathleen Jefferson County Clean Water District David Developmental Disability Advisory Board (DDAB) Kathleen Elected Official /Department Director Quarterly Meeting Board Finance Committee David Fort Worden Advisory Committee Phil Fort Worden PDA Liaison Phil Health Board Board Heritage Caucus (WA State Legislature) Phil Hood Canal Coordinating Council (HCCC) Phil, Lead/Board JC Disability Board (LEOFF 1) Phil JeffCom David (Philip, Alternate) Jefferson - Peninsula Regional Emergency Planning Comm.(JPREP) Kathleen, Lead /Board (Philip, Alternate) Jefferson Transit Authority Board Board, Phil, Chair Jefferson Transit Authority Finance Committee Phil Lodging Tax Advisory Committee (LTAC) Kathleen Marine Resources Committee (MRC) Phil Mental Health Sales Tax Oversight Committee (Hargrove Fund) Kathleen (David, Alternate) National Association of Counties (NACo) Phil, Land Use/Environment North Olympic Peninsula Res. Cons. & Dev. (also see PDD) David (Philip, Alternate) Olympic Area Agency on Aging (03A) David (Phil, Alternate) Olympic Coastal Marine Sanctuary Phil Page 2 Commissioners Meeting Minutes of January 5, 2015 E�g�� Olympic Community Action Program (OlyCAP) Board David Olympic Consortium Board (OCB) (Also See PRSN) Kathleen (Phil, Alternate) Olympic Peninsula Resource Adv. Com. USFS (RAC) Phil Olympic Region Clean Air Agency (ORCAA) Phil (David, Alternate) Parks Advisory Board (PAB) Kathleen Peninsula Regional Support Network (PRSN) (Also See OCB) Kathleen (Phil, Alternate) Peninsula Development District (PDD) (also see NOPRC &D) David (Philip, Alternate) Peninsula Regional Transportation Planning Organization (PRTPO) David, Chair (Monte Reinders, Alternate) Port Ludlow Village Council (PLVC) Kathleen Port Townsend Chamber of Commerce Board Public Infrastructure Fund Board (PIF) David Puget Sound Partnership Strait Action Area — Ecosystem Regional Network Phil School of Fine Woodworking & Preservation Tech. Board Phil Shelter to Housing David (Phil, Alternate) Solid Waste Advisory Committee (SWAC) Kathleen Substance Abuse Advisory Board (SAAB) Kathleen Tourism Coordinating Council (TCC) Kathleen Washington State DNR Liaison Phil WSAC Coastal Caucus Sub - Committee Phil WSAC Exempt Well Sub - Committee David WSAC Legislative Steering Committee Kathleen (Phil, David, Alternates) WSAC Natural Resources Phil (Kathleen, David, Alternates) WSAC Timber Counties Sub - Committee Phil (David, Kathleen, Alternates) WSAC Transportation David Water Utility Coordinating Council (WUCC) David, Chair County Administrator Philip Morley stated that staff will update the list once final assignments are made. Commissioner Johnson moved to approve the 2015 Commissioner Board and Commission Assignments, noting that certain positions may change based on the decisions of boards and committees. Commissioner Kler seconded the motion which carried by a unanimous vote, Page 3 Commissioners Meeting Minutes of January 5, 2015 Y The meeting was recessed at 9:57 a.m. and reconvened at 10:04 a.m. with all three Commissioners present. EXECUTIVE SESSION: An Executive Session was scheduled from 10:00 a.m. to 10:20 a.m. with the County Administrator, Deputy Prosecuting Attorney and Sheriff 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 10:05 a.m. to 10:40 a.m. At the conclusion of the Executive Session the Board resumed the regular meeting. The meeting was recessed at 10:45 a.m. and reconvened at 10:46 a.m. with all three Commissioners present. DISCUSSION re: Executive Session: As a result of the Executive Session the Board held regarding Attorney- Client privilege, actual litigation, two resolutions were proposed: 1) Agree to pay any punitive damages that might be awarded against Jefferson County Sheriff's Office employee Mark Apeland; and 2) Agree to pay any punitive damages that might be awarded against former Jefferson County Prosecutor Julie Dalzell. The request for these resolutions were brought forward by Ms. Dalzell and Sergeant Apeland and were reviewed by the County Administrator Philip Morely and Chief Civil Deputy Prosecuting Attorney David Alvarez. It was determined that both individuals were working in the scope of their responsibilities and acting in good faith. Under the County's Good Faith Policy, the County can provide defense and assume responsibility for any punitive damages that might be awarded in the future. County Administrator Morley urged the Board of County Commissioners to adopt the two resolutions. Chief Civil Deputy Prosecuting Attorney Alvarez stated for the record that both individuals acted in Good Faith. Commissioner Johnson moved to adopt RESOLUTION NO. 01-15 Agreeing to Pay Any Punitive Damages that Might be Awarded Against an Employee Employed by the Jefferson County Sheriff. Commissioner Kler noted that the three Commissioners listed on the Resolution are not the current Commissioners. That will have to be corrected. County Administrator Morley noted that the approved and adopted date will also need to be changed. Commissioner Kler seconded the motion, with edits, which carried by a unanimous vote. Commissioner Johnson moved to adopt RESOLUTION NO. 02-15 Agreeing to Pay any Punitive Damages that Might be Awarded Against a Former Elected Official for actions during her tenure as the Elected Jefferson County Prosecutor with edits as previously noted. Commissioner Kler seconded the motion which carried by a unanimous vote. The meeting was recessed at 10:59 a.m. and reconvened at 1:32 p.m. with all three Commissioners present. Page 4 Commissioners Meeting Minutes of January 5, 2015 Kll� BRIEFING re: Status of the Work Plan Regulating Recreational Marijuana (1 -502): Department of Community Development (DCD) Director Carl Smith stated that this is an over reaching issue and there may be a need to extend the existing marijuana moratorium. The moratorium is set to expire in February. The current moratorium does not affect all marijuana applications in all zones. Currently, it still allows for the producing and processing of marijuana in rural commercial and rural residential zones. Items in the Agenda Request packet include Attachments A -C and were referenced by those in attendance at the meeting. Director Smith stated that at the time the moratorium was enacted, there were 36 unique applications. Most of the applicants were applying for producing and growing. Of the 36 applications, 15 are in rural zones and 12 are in residential 1:5 zones, some of those being less than 5 acres in size. With the County's current agriculture policies, there are only a few options on what could be regulated under County Code. Concerns regarding zoning led to the moratorium. Director Smith stated that six months to work on a moratorium is not a long time. Director Smith pointed out the Board's options as referenced in Attachment A: 1) Take no specific action to regulate recreational marijuana. Let the moratorium expire in February; 2) Take very limited specific action to regulate recreational marijuana with the minimum regulations that would apply to all agricultural activities. It would place limits on scale and intensity, affecting the number of employees and hours of operations; or 3) Take specific action to regulate recreational marijuana as a separate type of use, as shown on the attached use table and development standards (Attachment B, Table 3 -1). Director Smith recommended that the Planning Commission be allowed time to play its role. They are the voice of the community. The Planning Commission has been notified and their next meeting is January 14, 2015. He added that by following Option 1, the Planning Commission would not be able to carry out its role. Chairman Sullivan noted that even if Option 1 were chosen, the Planning Commission would still be able to work on the other two options. Director Smith proposed a four month timeframe to work on the issues surrounding zoning. He added that the Planning Commission could potentially be able to hold a public hearing before March 4, 2015, and be able to give the Board of County Commissioners a recommendation at that time. County Administrator Morley stated that when the Commissioners had last discussed zoning or impact regulation approach, DCD received direction from the Board to continue with the zoning approach, but to fold it into a universal approach. Table 3 -1 is the outcome of that direction. Chairman Sullivan noted that he is in favor of approaching this issue in regard to impact. He added that he would like to be fair to everyone that is engaging in this type of activity. Chairman Sullivan stated that over a year ago, a committee reviewed the County Code and determined that it was accurate and sufficient to handle the implementation of I -502 in the County. Citizens then started making plans to go into the marijuana business. It came as a surprise to a lot of people when the County put the moratorium in place. He added that the same Code has been in existence for over a decade. Chairman Sullivan stated that in the beginning of the moratorium, the Board had been told that 6 months was a sufficient amount of time to work on this. If the moratorium is extended, it will affect another growing season for marijuana farmers. On the other hand, there are a number of applications Page 5 Commissioners Meeting Minutes of January 5, 2015 that would get processed if the moratorium were to lapse. What is fair to the people operating under the law, in good faith and within their business plans? He stated a balance needs to be struck and he feels that by extending the moratorium, it would shift the balance in a negative way for those who acted in good faith. Commissioner Johnson stated there is a substantial difference between those growing 40 acres of carrots versus 40 acres of marijuana. Director Smith stated that the Cottage Industry Code is a difficult one. The growing part of marijuana is not covered by Cottage Industry, so there could still potentially be a large grow operation in rural residential zones. By choosing Option 3, it would give a limit on the amount of area. Under current Cottage Industry regulations, processing would be indoors only. Associate Planner Colleen Zmolek added that under current code, Cottage Industry only covers processing. Chairman Sullivan stated that growing has been allowed in these zones for a long time and fences have been allowed as well. In terms of trying to treat people equally, it has been allowable for a long time to have these kinds of impacts. In this case, people are trying to push that limit. Limits were established in our current agriculture code and we have been living with that for some time. Commissioner Kler stated that things change, Option 2 would specify scale and intensity. The Washington State Liquor Control Board (LCB) admits that marijuana is a different crop. She added that the market value and security issues change. Chairman Sullivan stated that medical marijuana businesses are not having security issues. They also don't have the same amount of security requirements that recreational marijuana growers, processors and retailers do. He noted that there could potentially be some good changes that would come about with Option 2, but if Option 1 was chosen, the Planning Commission would still be able to work on a timeline. He stated that if the Board of County Commissioners (BOCC) decided to extend the moratorium, it will have much more undue impact on people. Commissioner Johnson stated that he believes there is a much smaller market for medical marijuana. He likes the idea of extending the moratorium, but would want a result as fast as possible. Although he supports the marijuana industry in Jefferson County, the security requirements for marijuana businesses make it not the average farm. Commissioner Kler asked how many permits are listed as pending? Director Smith replied that since the moratorium, no permits are pending in the affected zones. Other permits are for outdoor processing. In a rural residential zone, if you had a 100' x 100' lot, a marijuana farmer could produce a pretty sizeable crop. He added that historical legacy lots can be small. Commissioner Kler asked if the moratorium were to lapse, would this help decrease the pressure on DCD staff? Director Smith replied that DCD will still have pressure, but it would relieve some. County Administrator Morley explained that if the moratorium were to lapse, the issue of applications originating in another county and transferring here, would still be an issue. Those that were held up because of the moratorium would then vest. Page 6 Commissioners Meeting Minutes of January 5, 2015 -, EW , " � �, Commissioner Kler stated that there were 16 Tier 3 applications at the state level. The reason for the moratorium was due to push back from the public that the County Code is insufficient to protect their neighborhoods. How do we respond to those who asked us to look into this? Chairman Sullivan stated that property owners have a responsibility to look at what could be possible in their neighborhood. Those individuals pursuing a business in recreational marijuana, went by the existing County Code at the time they applied for their permit. The process is taking longer than anticipated. County Administrator Morley explained that the timeline DCD has set forward for a four month extension is realistic in that it allows both the Planning Commission and the Board to deliberate. He added that there may be opportunities to get this moving forward by a month or two sooner. If the Planning Commission takes action and is collaborating with the County in a productive manner during their deliberations, one option for the BOCC could be to enact the recommendations of the Planning Commission. This would alleviate the need for the BOCC to hold another hearing. If there are issues or concerns the BOCC has, amendments could follow. Chairman Sullivan stated that the moratorium would not have to cover the same territory. He suggested if a moratorium were to be done, applying it to the smallest lots. Director Smith stated that in the interest of time, it would be beneficial to have a packet ready for the Planning Commission. Commissioner Kler asked Chairman Sullivan what option he is interested in? Chairman Sullivan replied that he prefers Option 1, but with the ability to work on Option 2. He stated he does not like Option 3. County Administrator Morley asked if DCD could work on Option 2 by next week? Assistant Planner Zmolek replied that they will need to reach out to the agricultural community as it will affect them. County Administrator Morley explained that including a larger reach of people, may slow the process down. Director Smith stated that Option 2 affects all agricultural. Commissioner Kler stated that if the County had more time, she would prefer Option 2. County Administrator Morley stated that with the pending applications, he suggests Option 3. Director Smith explained that a lot of effort went into Option 3. The Planning Commission has reviewed the matrix. Director Smith stated that Option 3 is precise. It addresses growing areas, Cottage Industry controls and more. They are proposing a 25 foot buffer. County Administrator Morley explained the Board's decision: 1) The pressing matter of the moratorium itself and whether to bring forward a hearing notice on that. If a hearing notice is approved, on what two alternatives? and 2) Giving further direction to DCD, assuming they are continuing to work on some form of regulation on whether to proceed with Option 2 or Option 3. Commissioner Johnson moved to proceed with a moratorium, including both alternatives. Chairman Sullivan seconded the motion. Chairman Sullivan called for a vote. The vote was unanimous. Page 7 Commissioners Meeting Minutes of January 5, 2015 DCD staff will prepare a hearing notice with two options for a moratorium extension that will be considered during the next BOCC meeting on January 12, 2015. The first version would extend the moratorium as it now exists. In the second version, the moratorium would be similar, but would not include parcels of land designated rural residential that are more than five acres in size. In both options, the moratorium would expire on May 11, 2015. County Administrator Morley asked if there is further direction for the DCD as to what regulations they are bringing forward to the Planning Commission? Something based on Option 2, Option 3 or if the Board requests further requirements? Commissioner Kler thanked DCD for their work on the moratorium. Trying to find a balance between all of the concerns of business owners, neighborhoods and parents, is not a clear path. There are so many unknowns and a lot of misinformation that creates fear. It is dangerous to legislate against fear. Director Smith stated that for the sake of time, Option 3 is more efficient. County Administrator Morley stated that what is important is getting this done and recognizing there is an opportunity to perfect and change what the BOCC wants to do. For the purpose of expedition and to address the concerns ofupcoming applications, County Administrator Morley suggested Option 3. Commissioner Johnson stated that he would also like to see Option 3. Assistant Planner Zmolek asked Chairman Sullivan if there is any direction he would like DCD to go to make Option 3 more what he's looking for? Chairman Sullivan replied he will want the Planning Commission to justify why marijuana is different in that case. Why lighting and cameras are different for marijuana farmers. Ultimately, the County may have to defend this. County Administrator Morley stated although there is no motion, it is his understanding that the Board would like Option 3. The Board agreed. The meeting was recessed 3:05 p.m. and reconvened at 3:21 p.m. with all three Commissioners present. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: • Courthouse windows. • Hearing. • Animal Responsibility — comment summary matrix will be prepared. • Risk Management Committee representative. • Washington State Association of Counties (WSAC) Legislative Steering Committee (LSC) appointment process. • Tourism Coordinating Council (TCC) expenditures. Page 8 Commissioners Meeting Minutes of January 5, 2015 Calendar Coordination: • Commissioner Kler and County Administrator Morley will be attending a Hargrove Committee meeting on January 6, 2015. • Commissioner Kier will be attending the Parks Advisory Board on January 7, 2015. • County Administrator Morley will be out of the office to attend training on January 8, 2015. • Commissioner Kler will be attending a Substance Abuse Advisory Board (SAAB) meeting on January 13, 2015. Commissioner Kler will be attending a Tourism Coordinating Council (TCC) meeting on January 13, 2015. • Commissioner Johnson will be attending an Olympic Region Clean Air Agency (ORCAA) meeting and a Heritage Caucus on January 14, 2015. • County Administrator Morley will be assisting the City of Port Townsend by participating in an Interview Panel for a Development Services Director on January 15, 2015. • Commissioner Kler will be meeting with Congressman Derek Kilmer on January 16, 2015. • Commissioner Johnson and Commissioner Kler will be attending a Hood Canal Coordinating Council (HCCC) meeting on January 21, 2015. Commissioner Sullivan and County Administrator Morley will be attending a JeffCOM Administrative Board meeting on January 22, 2015. • Commissioner Kler will be attending a Collective Impact meeting on January 22, 2015. • There will be a Peninsula Development District (PDD) and Resource Conservation and Development (RC &D) meeting on January 22, 2015. • Commissioner Kler will be out of the office March 30, 2015 to April 5, 2015. 2015 Legislative Session • Handouts distributed. Future Agenda Items: • Car mileage. • Cell Phones. Page 9 Commissioners Meeting Minutes of January 5, 2015 NOTICE OFADJOURNMENT.• Commissioner Johnson moved to adjourn the meeting at 4:30 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner K1er seconded the motion which carried by a unanimous vote. JEFFERSON COUNTY BOARD OF COMMISSIONERS SE Davi ulliv a ATTEST: - Phil Johnson, ember/ �J�Z' f JV`�� ��' r I•.f�' � � ;,. l fir' � Carolyn A ery Kathleen Kler, Member Deputy Clerk of the Board Page 10