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HomeMy WebLinkAboutM011215ON5 9`skI NG 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 12, 2015 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: • Two citizens voiced their concern re: process for road improvement on Highway 101 in Quilcene; • 10 citizens voiced their opinion on marijuana and the implementation of I -502 in this County; and A citizen stated that the Department of Community Development (DCD) is taking too much time approving the proposed resort in Brinnon. 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. 1. RESOLUTION NO. 03 -15 re: Finding and Determination to Declare Certain Personal Property as Surplus and Authorize Disposal 2. RESOLUTION NO. 04 -15 re: Continuing Relationship 'Mth the Washington Counties Risk Pool and the Related Appointments and Designations of the County 3. AGREEMENT NO. 1163- 27310, Amendment No. 10 re: Behavioral Health and Recovery; No Dollar Amount, Revises Language to Clarify Objectives Only; Jefferson County Public Health; Washington State Department of Social and Health Services 4. AGREEMENT NO. C17112 re: 2015 — 2017 Consolidated Contract for Public Health Services: In the Amount of $382,738; Jefferson County Public Health; Washington State Department of Health (DOH) 5. AGREEMENT re: Surveying Services for Quilcene Complete Streets Project; In the Amount of $16,921.50; Jefferson County Public Works; Van Aller 6. AGREEMENT re: Dosewallips Road Emergency Repair Project, M.P. 3.5, County Road No. 25000, County Project No. X01961; In the Amount of $46,768.25; Jefferson County Public Works; Bruch and Bruch Construction 7. Advisory Board Resignation re: Conservation Futures Citizen Oversight Committee; District #1 Representative, Janet Kearsley 8. Advisory Board Appointment re: Conservation Futures Citizen Oversight Committee; Four (4) Year Term expiring January 12, 2019; District #1 Representative, Mary Biskup Page 1 Commissioners Meeting Minutes of January 12, 2015 9. Payment of Jefferson County Payroll Warrants Dated January 5, 2015 Totaling $813,734.38 and A/P Warrants Done by Payroll Dated December 30, 2014 Totaling $1,580.92 and Dated December 31, 2014 Totaling $723,678.61 �xwnF,t• Approval of Minutes: Commissioner Mer moved to approve the regular meeting minutes of October 27, 2014 with a correction of a scrivener's error on Page 4, second paragraph (the word "hopefully" was incorrectly spelled) and to approve the regular meeting minutes of November 3 and 10, 2014 as presented. Commissioner Johnson seconded the motion which carried by a unanimous vote. COMMISSIONERS BRIEFING SESSION: The Commissioners each provided updates on the following items: Chairman Sullivan - Will be attending a Chimacum Prevention Coalition meeting this week. - OlyCAP update: They are doing great, but their thrift store is not. - Will be participating in a Legislative Steering Committee (LSC) meeting this week via conference call. Commissioner Johnson - Will be attending an Olympic Region Clean Air Agency (ORCAA) meeting and a Heritage Caucus in Olympia this week. - Will be attending a Hood Canal Coordinating Council (HCCC) meeting this week. Commissioner Kler - Visited a marijuana growing operation and looked at potential impacts on nearby neighborhoods. She was impressed with the security of the grow operation she visited. Will be attending the following meetings this week: • Tourism Coordinating Council (TCC) • Substance Abuse Advisory Board (SAAB) • Park and Recreation Subcommittee • Planning Commission • Jefferson County Board of Health (BOH) • Housing Network • Community Conversation re: BOH • Town Hall meeting with Derek Kilmer • Fund for Women and Girls Fundraising Dinner The meeting was recessed at 9:56 a.m. and reconvened at 10:03 a.m. with all three Commissioners present. Page 2 Commissioners Meeting Minutes of January 12, 2015 HEARING re: 2014 Conservation Futures Funding Amendment, Snow Creek Watershed Acquisitions: Environmental Health Specialist II Tami Pokorny stated the public hearing is to hear comments for or against the Snow Creek Watershed Acquisitions Project. The hearing is necessary prior to consideration for the allocation of an additional $73,000 in Conservation Futures funding for this project. The Snow Creek project had been awarded $10,824 in July, 2014, but it originally applied for $90,824. The purpose of the project is to acquire permanent open space protection for up to 104 acres of land traversed by Snow Creek. This project will benefit salmon and improve and protect riparian habitat for a multitude of species. At the time of the July award, staff believed that the previously approved Winona BasinBloedel Project had yet to be deducted from the available fund balance. In fact, the project cost had already been deducted leaving additional funding available to award in this cycle. July's Snow Creek award had been artificially reduced to stay within budget at the lower funding figure. An additional $73,000 is potentially available for that project. Ms. Pokorny stated there had been another project submitted in 2014, but it has already been successfully completed. The resolution would increase the total Snow Creek award to $83,824 which, in combination with matching funds, would bring the project within range of successful completion according to Jefferson Land Trust. She noted that Owen Fairbanks of Jefferson Land Trust and two Conservation Futures Citizens Oversight Committee ( CFCOC) members are in the audience. Ms. Pokorny stated that the CFCOC voted that this project was worthy at their April 30, 2014 meeting. Staff concurs with CFCOC's recommendation. As in July's initial resolution, the supplemental resolution makes a finding that adequate land exists for development in the County to meet anticipated housing and employment needs. Chairman Sullivan opened the hearing for public testimony. Hearing no comments for or against the 2014 Conservation Futures Funding Amendment — Snow Creek Watershed, Chairman Sullivan closed the hearing. Commissioner Kler asked if there was a problem with carryover or spending of monies from 2014 into 2015? Ms. Pokorny stated that the program requires that the CFCOC make its recommendation before July l't of each year, which happened. County Administrator Morley explained that originally the CFCOC recommended for the full amount, but subsequently thought there wasn't enough money. Now that they know there is enough money, the proposed resolution corrects it. He added that Conservation Futures funding is in its own dedicated fund. Commissioner Johnson moved to approve RESOLUTION NO. 05 -15 Supplementing Resolution No. 29 -14 to Dedicate Additional Conservation Futures Funds to the Snow Creek Watershed Acquisitions Project as Authorized by, and in Accordance with, Jefferson County Code Section 3.08.030(7) to Provide a System of Public Open Spaces. Commissioner Kler seconded the motion which carried by a unanimous vote. Page 3 Commissioners Meeting Minutes of January 12, 2015 DISCUSSION re: Hearing Notice on Two Alternatives for Extending the Marijuana Moratorium: Ordinance #07- 0811 -14, establishing a six month moratorium on accepting or processing applications for recreational marijuana businesses in certain land use zones, will expire on February 11, 2015. The Board of County Commissioners intends to consider two possible alternatives for extending the moratorium for a limited time. Pursuant to State law, a public hearing is required to be held within 60 days of a moratorium. Department of Community Development Director Carl Smith explained that the two alternatives do not restrict agriculture lands, forest lands or industrial lands. Applications in those zones are still valid and they have been receiving and processing a few of those. He stated that the version titled "Extending Ordinance #07- 0811 -14," would simply extend the current moratorium as it is written. The difference of the second version titled "Extending and Modifying Ordinance #07- 0811 -14," can be seen on Page 5, under the bullets, which read: • Production and processing of marijuana at a parcel or parcels designated AP -20 Prime Agricultural Land, (agricultural lands of long -term significance), or AL -20 agricultural lands of local importance; • Production and processing of marijuana at a parcel or parcels designated Forest Resource Lands, including CF -80 Commercial Forest; RF -40 Commercial Forest; or IF In- holding Forest; • Production and processing of marijuana at any parcel of land greater than five (5) acres, in size and designated as Rural Residential 1:10 or Rural Residential 1:20; • Production and processing of marijuana at a parcel or parcels designated Rural Industrial, including RI- Resource Industrial; LI /C — Light Industrial/Commercial (Glen Cove), Light Industrial — (Glen Cove); LI /M — Light Industrial /Manufacturing; HI -Heavy Industrial. The third bullet regarding the production and processing of marijuana at any parcel of land greater than five acres had been added to the "extending and modifying" version. Commissioner Kler asked how many vested applications did DCD receive before the moratorium was enacted, and what is the potential of vested applications if we do not continue the moratorium? Director Smith replied that at the time of the moratorium, there were three or four applications that submitted complete building applications and vested in residential zones. County Administrator Philip Morley asked how many residential applications would vest if the moratorium were lifted? Director Smith stated that there are around 15 in all residential zones and 12 applications in Rural Residential 1:5 zones. Director Smith stated DCD is concerned over the predominance of applications requested in residential zones. The current moratorium prohibits producing and processing in commercial zones, but not retail. County Administrator Morley asked how many rural commercial applications were vested before the moratorium, and how many of those are held up? Director Smith replied stating none of them were vested. Since the moratorium was enacted, applicants have moved away from those zones. Commissioner Johnson stated he has concerns about the Unified Development Code. To fit in the parameters of Cottage Industry, a business can be in a dwelling or in an accessory dwelling, but is of a scale larger than a home occupation or home business. A cottage industry is a limited small scale commercial or industrial activity including fabrication and limited retail sales. On residential parcels, the business has to be subordinate to the primary residential use. He asked Director Smith how do you determine what is subordinate to? What would your definition of subordinate to a primary dwelling be? Director Smith replied that it is not a precisely defined term. When referring to the Comprehensive Plan Page 4 Commissioners Meeting Minutes of January 12, 2015 and looking at the purpose, the use has,to be primarily residential. He added that it is not anti - commercial, commercial is allowed. Purpose of the zone is to be primarily residential. The way we would make it precise is to follow the Cottage Industry standard. It is a wonderful tool. If your business fits into the Cottage Industry standard, it would be considered subordinate to residential. He added that Cottage Industry allows a greater use than a home business. Home businesses will not work for marijuana businesses as it has to be housed in a separate building. The separate structure up to 5,000 square feet cannot have more than five offsite employees according to Cottage Industry code. Commissioner Sullivan stated that agriculture is a favored activity in rural lands, including rural residential lands. His main concern is that due to Cottage Industry parameters, a greater size business than originally thought could be in those zones. Director Smith explained that is why DCD is concerned. In the conceptual regulations that DCD presented, if the Board decides to include agricultural lands, DCD suggests a cap on the size of other structures. The cleanest way to do that is to keep the Cottage Industry, but state that any other accessory structure for any agricultural activity would not be more than `X' square feet. To put a limit and prevent an out of scale building on a small building. What that `X' is, still needs to be determined. Commissioner Sullivan asked if this would affect all agriculture in Rural Residential 1:5 zones? Director Smith replied that if the County wants regulations to apply to all agriculture, then yes. Commissioner Kler stated that there is a fear factor around the marijuana industry. The fear is tangible to the people who are feeling the fear, but intangible in regards to how to do good law in zoning. She added that there are similarities between some of the local cideries. Under Liquor Control Board (LCB) regulations, it is considered a controlled substance and cannot be sold to people under the age of 21. Due to tasting events, cideries experience a higher traffic volume. She has not heard the same outcry over local cideries, breweries or upscale wine bars. How is marijuana different? Commissioner Sullivan stated that when the County reviewed the adult business statute, they dealt with similar issues. There were concerns at that time about having an adult business with a bar, bringing increased crime to the area and the potential for youth being exposed to it. Commissioner Kler added that the state prohibits marijuana consumption at marijuana businesses. Commissioner Sullivan stated the existing County Code has been in place for over a decade. People have an expectation that the County does not change the rules during the middle of the game without a good reason. There is concern over approaching this situation fairly. Commissioner Kler stated that there are a lot of confused people. Marijuana growers are under the assumption that they can grow. Neighbors are under the assumption that this type of thing couldn't happen. Commissioner Sullivan stated that time is a big factor in this. If too much time is taken, it will affect people. A delay, for those who played by the rules, will affect their growing season. Commissioner Johnson explained that things move forward and change. It used to be that you could not drink alcohol standing up or on a Sunday. That is not the case anymore. Commissioner Sullivan noted that current land use regulations do not deal with everything, specifically marijuana. Impacts need to be addressed. There is a big difference between four employees and 40 employees. There is also a difference between a 10 -20 square foot building versus a 40,000 square foot Page 5 Commissioners Meeting Minutes of January 12, 2015 Kc building. Fences along the property line are concerning to neighbors. He stated that if we are going to change these rules, we have to think of all the consequences. Commissioner Kler stated holding an evening public hearing would allow for more members of the public to attend. Commissioner Kler moved to approve a hearing notice for a public hearing to consider two alternatives for extending Ordinance No. 07- 0811 -14 which enacted a moratorium on accepting or processing of permits for recreational marijuana in certain zones. One alternative extends the moratorium unaltered for four months. The second alternative would extend the moratorium for four months AND would amend the moratorium to authorize recreational marijuana applications upon certain rural residential parcels. The public hearing will be held on Monday, January 26, 2015 at 6:00 p.m. at the Cotton Building, 607 Water Street, Port Townsend, WA. Commissioner Johnson seconded the motion which carried by a unanimous vote. The meeting was recessed at 10:49 a.m. and reconvened at 1:34 p.m. with all three Commissioners present. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: • Quilcene Complete Streets Project: Public Works Director /Engineer Monte Reinders, Engineering Services Manager Jon Watson and Engineer Eric Kuzma were present. Discussed survey work to map as -is Right of Way conditions to support subsequent community dialogue and Charettes. Public Works will communicate with Ms. Herzog and Mr. Brotherton, project email list and newspapers to describe project sequence. The meeting was recessed at 3:17 p.m. and reconvened at 3:25 p.m. with all three Commissioners present. Miscellaneous Items continued: • Chimacum Safe Routes to School: Public Works Director /Engineer Monte Reinders, Engineering Services Manager Jon Watson and Engineer Eric Kuzma. West Valley Road/SR 19 intersection discussion. Rick Tolefson Trail construction in 2016. Trail project is facing Right of Way and Army Corps permitting /mitigation issues. • Marijuana Moratorium Hearing: Clarified it will take place January 26, 2015 at 6:00 p.m. at the Cotton Building; 607 Water Street, Port Townsend, WA. • Update on Sheriff and Prosecutor budget and staffing discussions. • Hargrove fund case management contracts for courts status update. Sometime in the future Commissioner Kler will be looking at county guidelines for Hargrove Committee makeup. • County Health Improvement Plan meeting attended by Commissioner Johnson and Commissioner Kler. Next step is forming four working groups (Kate Burke and Health Department Director Jean Baldwin are coordinating on this): 1) Access to Mental Health and Page 6 Commissioners Meeting Minutes of January 12, 2015 Substance Abuse Care; 2) Nutrition, Exercise and Chronic Disease Prevention (Commissioner Johnson signed up); 3) Access to Care (Commissioner Kier signed up); and 4) Immunizations (Chairman Sullivan is tentative). • Public Health Director. • Risk Management Committee members. • County Administrator Morley and Chairman Sullivan will schedule a JeffCOM briefing. • Clallam Fire District 41 annexation. County Administrator Morley to follow up with the Auditor. • History of the Board of County Commissioners (BOCC) discussion of Navy growler jets and testing. • Thurston County pesticide ban of neonicotinoid to protect bees. Commissioner Kier will run issue by WSU Extension for feedback. 2015 Legislative Session • Status of the Legislative Steering Committee (LSC). • Fiscal sustainability, items: Marijuana tax sharing and utility tax. Calendar Coordination: • Commissioner Kier will be attending a Substance Abuse Advisory Board (SAAB) meeting on January 13, 2015. • Commissioner Kier will be attending a Tourism Coordinating Council (TCC) meeting on January 13, 2015. • Commissioner Kier will be attending a Parks and Recreation District 3 subcommittee meeting on January 14, 2015. • Commissioner Johnson will be attending an Olympic Region Clean Air Agency (ORCAA) meeting and a Heritage Caucus on January 14, 2015. • Commissioner Johnson will be attending an Ecosystem Recovery Network (ERN) Puget Sound Partnership (PSP) meeting on January 15, 2015. Commissioner Johnson will be attending a Fort Worden Advisory Committee meeting on January 15, 2015. • All three Commissioners will be attending a Jefferson County Health Board meeting on January 15, 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 Kier will be attending a Housing Life Network meeting on January 15, 2015. • Commissioner Kier will be attending a Chimacum Safety meeting on January 16, 2015 in coordination with Jefferson County Public Health. • Congressman Derek Kilmer will be attending a Town Hall meeting on January 16, 2015 at 5:30 p.m. at the Fort Worden Commons. • Commissioner Kier 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 Kier will be attending a Legislative Steering Committee (LSC) meeting on January 22, 2015. • Commissioner Sullivan and County Administrator Morley will be attending a JeffCOM Administrative Board meeting on January 22, 2015, Page 7 Commissioners Meeting Minutes of January 12, 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 attending a meeting at the Jamestown S'Klallam Tribe on ' EW071, February 20, 2015. • Commissioner Kler will be out of the office February 20 -21, 2015. She will be back in the office on February 22, 2015. • County Administrator Morley will be attending an Association of Washington Cities (AWC) Retro Pool training on February 26 and 27, 2015. • Commissioner Kler will be out of the office March 30, 2015 to April 5, 2015. NOTICE OFADJOURNMENT: Commissioner Johnson moved to adjourn the meeting at 3:48 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Kler seconded the motion which carried by a unanimous vote. ATTEST: Cazol�Y) very Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF OMMISSIONERS f David �Sulliv pan,, Chair Phil Johnson, Member Kathleen Kler, Member M1