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HomeMy WebLinkAboutM020215Special MeetingDistrict 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 SPECIAL MEETING MINUTES Week of February 2, 2015 Chairman David Sullivan called the meeting to order at the appointed time at the Cotton Building, 607 Water Street, Port Townsend, Washington in the presence of Commissioner Phil Johnson and Commissioner Kathleen Kler. PUBLIC COMMENT PERIOD: The following is a summary of comments made by citizens in attendance at the meeting and reflect their personal opinions: • 14 citizens voiced their concern over the implementation of I -502 and the marijuana moratorium in our County; • A citizen stated: 1) Funding for Drug Treatment, Anger Management and Anti- Cigarette campaigns are beneficial; 2) Small earthquakes are happening in and around Washington; and 3) Be cautious of bears, they are dangerous; • A citizen informed the Board of a Senate Bill that could affect the outcome of the proposed Pit -to -Pier project; • A citizen stated: 1) The Seahawks spirit exhibited at the Jefferson County Courthouse is appreciated; and 2) Security Services Northwest will now be dispatching for Clallam County PUD. APPROVAL AND ADOPTION OF THE CONSENTAGENDA: Commissioner Johnson moved to approve all the items on the Consent Agenda as presented. Commissioner Kler seconded the motion which carried by a unanimous vote. 1. RESOLUTION NO. 07 -15 re: Cancellation of Uncollectible Personal Property Taxes 2. RESOLUTION NO. 08 -15 re: Annexation of Unprotected Land within Jefferson County into the Jurisdiction and Boundaries of Clallam County Fire Protection District No. 1 3. AGREEMENT re: 2015 Alcohol and Substance Abuse Treatment Services; In the Amount of $98,585; Jefferson County Public Health; Safe Harbor Recovery Center 4. AGREEMENT re: Tarboo Creek Riparian Restoration Project; In the Amount of $24,500; Jefferson County Public Health; Northwest Watershed Institute 5. AGREEMENT re: Provide Health Care Services for members with Government Sponsored Health Programs and Products; In the Amount of Fee for Services; Jefferson County Public Health; Molina Healthcare of Washington, Inc. 6. AGREEMENT re: Youth Tobacco Prevention; In the Amount of $3,000; Jefferson County Public Health; Skagit County Public Health District #304 dba United General District #304 7. AGREEMENT re: Jefferson County Jail Fire Alarm Replacement Project No. 301 594 1901; In the Amount of $8,100; Jefferson County Central Services; Hultz -BHU Engineers, Inc. Page 1 Commissioners Meeting Minutes of February 2, 2015 ,u4 8. BID AWARD re: Jefferson County Courthouse Window Rehabilitation Project No. 301 594 1948; In the Amount of $98,409.56; Jefferson County Central Services; G. Little Construction 9. RURAL ARTERIAL PROGRAM (RAP) EMERGENCY PROSPECTUS re: Dosewallips Road 2014 Slide Repair MP 3.25; In the Amount of $93,600; Jefferson County Public Works; County Road Administration Board (CRAB) 10. 2015 CERTIFICATION OF ROAD LEVY re: Jefferson County Public Works; County Road Administration Board (CRAB) 11. Advisory Board Reappointment re: Clean Water District Advisory Board; Four (4) year Term Expires February 2, 2019; Citizen Representative District No. 2, Amy Leitman 12. Payment of Jefferson County Vouchers /Warrants Dated January 26, 2015 Totaling $654,193.93 COMMISSIONERS BRIEFING SESSION: The Commissioners each provided updates on the following items: Chairman Sullivan - Attended a Jefferson County Shelter -to- Housing meeting last week. Our community has increased housing options. Commissioner Johnson - Attended an Oil Spill Response meeting last week. - Will be attending a Northwest Indian Fisheries Commission meeting and a Marine Resources Committee (MRC) meeting this week. - Will be attending an Olympic Region Clean Air Agency (ORCAA) meeting next week. Commissioner Kler - Attended an Oil Spill Response meeting last week. - Spent time researching issues surrounding the implementation of 1 -502 in our County. - Attended a Jefferson -Port Townsend Response Emergency Planning (JPREP) meeting last week. - Participated in a Legislative Steering Committee (LSC) meeting via telephone last week. - Will be attending an MRC meeting this week. Approval of Minutes: Commissioner Johnson moved to approve the regular meeting minutes of November 17, 2014 as presented. Commissioner Kler seconded the motion which carried by a unanimous vote. The meeting was recessed at 9:53 a.m. and reconvened at 10:02 a.m. with all three Commissioners present. DELIBERATION and Possible Extension of Ordinance 07- 0811 -14: The Board of County Commissioners (BOCC) held a hearing on January 26, 2015 regarding the marijuana moratorium that was established by Ordinance 07- 0811 -14. The Department of Community Development (DCD) Director Carl Smith and Associate Planner Colleen Zmolek were present to discuss the marijuana moratorium and give a status report on pending marijuana license applications. Page 2 Commissioners Meeting Minutes of February 2, 2015 Director Smith stated there are quite a few unique marijuana license applications. Of the applications received, 25 applications are affected by the moratorium, 12 applications are in R 1:5, three applications are in R 1:10, one application is in R 1:20 and nine applications are in commercial zones. He added that the Washington State Liquor Control Board (LCB) has issued seven licenses in Jefferson County; five producer /processor licenses and two retail licenses. At the County level, there are currently 19 marijuana permitting applications being processed through DCD. Four permits have already been issued and six other permits have been filed which means they are ready to issue. Nine permits are listed as "pending." There are three options before the Board: 1) Extend the moratorium in its current form; 2) Extend the moratorium, but with modifications; and 3) Do nothing and let the moratorium expire. The original moratorium was enacted in August 11, 2014. As it is only a six month moratorium, the moratorium will expire February 11, 2015. If no action is taken by the Board before that date, the moratorium will expire. Due to the schedule of the Planning Commission and holiday conflicts, they have needed more time to do their work. Commissioner Kler held up a large stack of correspondence which she explained was all the public comment received by the Board of County Commissioners to aid in making their decision. She read from a statement she submitted: "This morning a decision will be made whether or not to extend Ordinance No. 07- 0811 -14 beyond the present expiration date of February 11, 2015. a moratorium on accepting or processing applications for recreational marijuana businesses in certain land zones. The including of all land parcels in the County is not considered today. The current separation of medical cannabis and recreational is not considered. I acknowledge the present discrepancy between Federal law and the state I -502 initiative passed by 55.7% of Washington voters and by 66.23% of Jefferson County voters. The consideration today recognizes that other counties have currently or are still debating different approaches to zoning than what Jefferson County has followed. We have our own unique population centers and land use conversations that have been codified and refined in the Growth Management Act. It is these present codes applied to the "New Use" of legalized cannabis — the production (growing), the processing (two distinct paths of harvest and packaging, and the more intensive harvest and extraction process), and retail outlets that must be closely examined. The object of good zoning practice is to balance those conflicts of land use against an overall plan and vision... which necessarily changes with population growth, economic opportunities, development and environmental concerns. Do our present codes address the concerns of both the public and the business owners sufficiently ... or do we need more time? Neighborhoods have families invested in homes and community. Businesses have invested in infrastructure and provide the jobs and tax base that support those family neighborhoods. The shipyard, Page 3 Commissioners Meeting Minutes of February 2, 2015 Wc],- the mill, the dairy farmers, the propane suppliers, the shellfish farmers are working realities... with noise, odors, potential pollutants, real dangers and visual impacts. Industry best practice is how they mitigate those risks... and there is always room for improvement as technology addresses the concerns of citizens. Do residential interests need to be oppositional to business interests? Public comments on the zoning and the moratorium, including suggestions and also threats of litigation, have covered nearly every aspect of potential impact on all parties. A tally of comments is not an electoral directive, but reveals areas of concern that deserve response from staff and your officials. The County's attempts at "getting it right" have not been, not will be acceptable to all parties. Zoning decisions have yet to satisfactorily please both sides when disputed, as long as there have been neighbors and ownership of land by human beings. I acknowledge the expressed concerns ofparents, schools, public health and public safety officers, - each having responsibilities to educate and protect our children. Real data challenges us to address the physical and social damage caused by underage drinking, tobacco use, firearms, as well as the research proven effect of cannabis on young brain development. The dangers of addiction are not separate from the concerns of vaping and e- cigarettes, which are less regulated and currently sold in public stores. Zoning can only create distance and fence off marijuana businesses from inquisitive youth, but education is the best deterrent to experimental use. I acknowledge that the new legal business model of cannabis production and processing differs from current illegal, furtive operations where poor practices exacerbate the risk of explosions and dumping of toxic waste, and increase the risk of crime. I recognize that the WSLCB has attempted to address significant security and environmental concerns with the extensive requirements for each of the three types of license holders. These strict regulations must be met and addressed in order to maintain the license. The license holders lose their state license if not "used" and situated within a year. I acknowledge the expressed concerns of local farmers and entrepreneurs who have invested economically in the "New Use" business of legal cannabis and have been caught in limbo by the moratorium, unable to grow, harvest or process crops this season. But our present agricultural code presently has no limits for scale and intensity, no caps on number of buildings, number of employees or setbacks. The designation of cannabis as an agricultural crop ... or not... will not and cannot be settled today. WE want to assure best practice for this "New Use. " What are the performance standards we apply? What is the current zoning AND size of the parcel? What is the size of the grow? What is the size and intent of processing? Harvest and package or extraction? Then, is there enough room for adequate setbacks? (and what is the distance considered adequate ?) The timing of this decision is out ofsync with the current deliberations of the Planning Commission who meet later this week. There seems no other alternative than to extend the moratorium. " Commissioner Johnson addressed the concerns regarding explosions at marijuana facilities. From what he has learned while visiting in Colorado, they are experiencing fewer explosions than in the past. The businesses are being inspected by the County. He added that illegal operations are still happening though. According to the FBI's Unified Crime Reporting (UCR) data, overall crime is down. He has concerns about extending the moratorium as there have been a lot of people who have invested in this Page 4 Commissioners Meeting Minutes of February 2, 2015 4�'+I process. On the other hand, there are many reasons for extending the moratorium. What is a Cottage Industry? In our own County Code, there are three to four definitions of Cottage Industry. It would be beneficial to narrow this down to one explanation. He is also concerned with the County's current code regarding agriculture. Is marijuana agriculture? He believes that it fits the description for agriculture. Do we allow marijuana to sprout up everywhere on agriculture land without permits? Can we treat marijuana as a separate part of agriculture with regulations? Chairman Sullivan asked what is agriculture? If the County redefines agriculture to cover marijuana, how does that connect? Are we going to do this with any other plant used for medical purposes? He believes if the County starts heading down that road, the Planning Commission will have a lot of work. The County has had the same zoning rules in place for over a decade. What is possible in terms of impacts? He believes looking at the impacts is the direction to head in. He would like to Iook at all agriculture and see what the impacts are. He added that he does not regret adopting the moratorium as it gave people a chance to speak and get more information. One problem with letting the moratorium expire is that pending applications will then vest, but applicants have invested and made their business plans based on what the rules were at the time they started the process. Commissioner Kler asked Director Smith what will happen if the moratorium expires? What sizes of grow and processing operations will DCD be permitting? One of the reasons the moratorium was enacted in the first place was due to the surprising proposed scale and intensity of incoming applications. Director Smith replied that as of last week, there were 25 possible license applicants affected by the moratorium. If the moratorium were to lapse, those 25 applicants would be free to proceed. Chairman Sullivan stated that per the LCB, only certain size operations would be allowed. Director Smith responded that under the County's current agriculture exemptions, there is nothing that prevents a larger building being built. Chairman Sullivan stated that he would like to see everyone treated fairly. He noted that some of the applicants' building sizes are bigger than anticipated, as well as the number of employees, parking spaces and hours of operation. Per the Right -To -Farm Act, that is not looked at as a nuisance in parcels zoned 1:20, but the proposed applications are for parcels zoned 1:5. He added that agriculture is one of the growing sectors in our economy, despite the recession. He does not want to hurt those industries or people who are developing those businesses. If the County extends the moratorium in its current form, it would catch everything in a big net. Do we extend the moratorium in some fashion and then have another one in a few weeks that would just focus on impacts? He reiterated that he is focused on the impacts. Commissioner Johnson stated that he agrees with a lot of what Chairman Sullivan mentioned. He added that there are other concerns that people have, and those concerns are legitimate. He is not sure how much impact this industry will have on Jefferson County in five years. He added that it will take the County some time to grow into it, but like it or not, we are stuck with it because the state as a whole wanted it. Commissioner Kler pointed out that a lot of individuals are scared of the marijuana processing aspect. The actual picking of the buds is not a dangerous activity. She suggested the Board should talk more Page 5 Commissioners Meeting Minutes of February 2, 2015 - about the process. Director Smith stated that processing licensing and tiers could be changed by the LCB, which would affect the County. Commissioner Sullivan stated that if the Board wished to extend the moratorium, a Commissioner would need to make a motion to continue with the current moratorium, or modify the moratorium. Over the next four months, DCD would move forward with a different moratorium. He added that a moratorium can always start and then end. Commissioner Kler asked which moratorium extension will better address the Board's intent? Which is better for a narrower scope? Commissioner Sullivan suggested going with the modified version of the moratorium which would address marijuana operations on smaller parcels. Commissioner Johnson asked if that would include parcels five acres in size and above, or parcels over five acres? Director Smith replied that there are R20 parcels that are quite small. R5, R10 and R20 can all include parcels that are quite small. County Administrator Morley noted that if setbacks are not addressed, there could be scale and intensity issues. Commissioner Sullivan stated that people are having to delay their economic activity on what is considered working lands. Commissioner Kler added that is what Cottage Industry zoning is about. The onus of being a new neighbor, to a new use she stated that fencing size and security is a requirement of the LCB, but the setback is the County's zoning choice. There are already fences on commercial properties. Commissioner Johnson stated that razor wire fencing has the appearance of a criminal camp. Director Smith explained that setbacks can differ. In residential neighboring properties, a fence could go right on the property line. He added if the County is concerned about scale and intensity, addressing certain residential zones needs to be addressed or a marijuana business could put a fence right next to an adjoining property. Commissioner Johnson stated that he still has many questions about this moratorium. On one hand, he would like to see the people who are ready to start their marijuana operations get started, but on the other hand, part of him says we need to make sure we do this right. He suggested sitting down with the Planning Commission to discuss all the issues and see what input the Planning Commission can provide. Commissioner Sullivan urged the Commissioners that the Board should give clear direction to the Planning Commission. If the Planning Commission is not given a direction, they will need to take time to sort and address the issues, and evaluate how valid each concern is that comes forward. These are things that the Board has already been doing. If the Commissioners give the Planning Commission direction, such as looking at impacts on smaller parcels, that is something the Planning Commission can focus on. Page 6 Commissioners Meeting Minutes of February 2, 2015 Commissioner Kler moved to approve extending the Marijuana Moratorium, Option 92 with the intent that the Board of County Commissioners work with the Planning Commission by narrowing the scope and giving them direction. Commissioner Johnson did not second the motion as five acre parcels are not addressed in Option #2. County Administrator Morley explained that anything bigger than five acres would be free to proceed. Director Smith stated that one of the rationales for excluding R:5 is because it is the smallest zone under zone managements. He added that there are much smaller parcels in Port Hadlock and other places. It is DCD's view to cover these in the moratorium until we get it right. County Administrator suggested that a Commissioner could make a motion to extend the original moratorium, which would still cover all parcels within R:S, R:10 and R:20 and then give direction to staff to develop a different and refined moratorium. Chairman Sullivan stated that a year ago, the Board was in the same situation and no action was taken. Taking action is not necessary to reinforce the laws that were in place yesterday and will still be in place today. The laws continue and that is what people expect. The reason why the Board chose not to make a decision last year, was because the County thought the rules that were currently in place could handle the situation. Chairman Sullivan stated that the previous motion fails for lack of a second. Chairman Sullivan made a motion to direct the Planning Commission to look at the scale and intensity, as the Board discussed, and to focus on building size, parcel size, number of employees, hours of operation and other conditions. Commissioner Johnson seconded the motion. Commissioner Kler encouraged the community, with the assistance of local news reporters, to be aware that there is an obvious need for some kind of forum in the community to address facts, opinions and fears regarding this issue. County Administrator Morley clarified the process and the intent discussed by the Commissioners. He noted that there was no motion made to extend the moratorium, and no motion made to end the moratorium. Currently, the Board still has time to make that decision whether it be in the afternoon session today, or even a week from today. The options are still open. Chairman Sullivan called for a vote on the motion, which carried by a unanimous vote. Director Smith asked if the Board would like to set up a meeting with the Planning Commission? The Board agreed they would like to meet with the Planning Commission as soon as possible. Chairman Sullivan noted that all of the Board of County Commissioner meetings are public and announced on the County's website. The meeting was recessed at 11:14 a.m. and reconvened at 1:37 p.m. at the Jefferson County Courthouse in the Board of County Commissioners (BOCC) Chambers with all three Commissioners present. Page 7 Commissioners Meeting Minutes of February 2, 2015 APPROVAL OFLETTER: Commissioner Johnson presented a draft letter to the U.S. Navy regarding electronic warfare and cumulative impacts. The letter also addresses the increase in noise from Growler flights and Environmental Impact Statement (EIS) on overseas operations. Commissioner Johnson moved to approve sending the letter to the U.S. Navy with copies to the U.S. and State Representatives. Commissioner Kler seconded the motion which carried by a unanimous vote. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. DISCUSSION re: Cannabis: In the next two weeks, the Board intends to provide the Department of Community Development (DCD) and the Planning Commission further direction for amending Title 18 Jefferson County Code to refine the current Agriculture nuisance and permit provisions to better address potential land use incompatibility issues from Agriculture (not just cannabis), especially on smaller lots. County Administrator Morley expressed concern that those changes could become extensive and complex, taking more staff time and delay than the Board of County Commissioners (BOCC) may intend. To avoid this, Chairman Sullivan will prepare an outline of the intended scope of the code changes, and bring it back to the BOCC for review. Once the BOCC has agreement on the scope, the outline will be provided to DCD and the Planning Commission to guide their work. Jefferson County Marine Resources Committee (MRC): MRC member Cheryl Lowe, WSU Extension Community Horticulture Coordinator Ginny Broadhurst, Executive Director of the Northwest Straits Commission Al Bergstein, MRC Chair Bob Simmons, WSU Water Faculty staff and MRC Committee member Dale Moses were in the audience. An annual report by the MRC to the Board of County Commissioners (BOCC) is required. The MRC is advisory to the BOCC and is guided by the NW Straits Commission guidelines and Puget Sound Partnership (PSP) benchmarks. It is funded by the Environmental Protection Agency (EPA) grants that flow through PSP and NW Straits, plus some Jefferson County support ($73,000 per year operating budget plus project grants $625,000 total in the last two years). The NW Straits Foundation proves assistance to key landowners regarding armoring for lower risk properties most receptive to soft armoring. Other outreach or programs include Digging for Dinner; (2) Oil Response Workshops, Fort Townsend shore restoration project, Voluntary No Anchor Zones; (2) rain gardens within the City and Port Hudson and the Discovery Bay Olympia Oyster Restoration. Their goal is to work more closely with the County, City of Port Townsend, Department of Community Development (DCD), and Public Works, especially as to future Ocean Level Rise. There is a vacancy on the MRC for a Navy representative. Sheila Murray may possibly fill in the vacancy. County Administrator Morley and the Commissioners to follow up with Commander Yesunas. North Pacific Coast MRC (NPCMRQ: Environmental Health Specialist II Tami Pokorny was present. Group was formed by the Washington Department of Fish and Wildlife (WDFW) with funding from WDFW. NPCMRC is a Partnership with Clallam County. Outreach and programs include: School education and beach field trip, plastic micro debris survey; Washington Coast Cleanup on April 25, 2015 with Washington Coast Savers, Film: Discover the Olympic Coast —A Seal's Tour Page 8 Commissioners Meeting Minutes of February 2, 2015 5 (filmmaker also did `Beneath the Salish Sea7), River and Ocean Film Festival April 25, 2015 in Forks, Washington, Marine Spatial Planning Survey, forage fish spawning areas and Earthquake - Tsunami Science and Preparedness Workshops for Coastal Educators. Cassin's Auklets had around 100,000 mortality this year because of lack of food. As a result of alpine glaciation, ancient wood is eroding out of the bluffs and is determined to be up to 80,000 years old. Miscellaneous Items: • Public Works project descriptions: Public Works Director /County Engineer Monte Reinders, Engineering Services Manager Jon Watson and Engineer Mark Thurston were present. Two projects were discussed with handouts regarding Dowans Creek Road Realignment and the Upper Hoh Road culvert at milepost 3.338. Commissioner Johnson excused himself to prepare the final version of the previously approved letter to the U.S. Navy. Whistle Blower procedures and the Board of County Commissioners (BOCC) as adjudicator of a Whistle Blower grievance. Commissioner Kler in Olympia February 4 -5, 2015 to lobby against SB 5111, and for the Utility tax authority for counties. Noise Ordinance action will be scheduled on the agenda for the February 17, 2015 meeting. NOTICE OFADJOURNMENT. Commissioner Kler moved to adjourn the meeting at 4:18 p.m. until the next regular meeting or special meeting as properly noticed. Chairman Sullivan seconded the motion. The motion carried. SEk '! s a' 6 ,�lY 1 n a ATTEST: Carolyn very Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS Phil J Kathleen Kler, Member Page 9