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HomeMy WebLinkAboutM040615ON \\ 9�IN- 0 j 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 April 6, 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 concern re: zoning issues around the implementation of I -502 and how it may affect local farming; • Four citizens gave an update on the "Tent City," and urged the Commissioners to create a permanent Tent City in the County; • A citizen commented on an item on the Consent Agenda re: the hiring of a Temporary Planning Assistant. He urged the Board to develop a policy regarding length of these types of agreements; • A citizen stated: 1) George Huntingford will be speaking at a Chimacum Grange meeting this week; 2) Jefferson County is anti - business; 3) Many County school children are on subsidized lunches; 4) An earthquake in our area is likely to happen; 5) Investment potential is slim; 6) A local Senior Center is hurting financially; and 7) A local resident is being treated unfairly regarding issues with his septic system. 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. 12 -15 re: Finding and Determination to Declare Certain Personal Property as Surplus and Authorize Disposal (Each Item Less than $2,500 Value) 2. BID AWARD re: Upper Hoh Road M.P. 3.338 Culvert Replacement, County Road No. 914207, Project No. CR18960, Federal Aid Project No. PLH -A 160(001); In the Amount of $515,000; Jefferson County Public Works; Rognlin's Inc. 3. BID AWARD re: Paradise Bay Road, Phase II Project, M.P. 0.37 to M.P. 1.53, County Road No. 503608, County Project No. CR1873, Rural Arterial Program (R.A.P.) Project No. 1609 -02; In the Amount of $971,323.60; Jefferson County Public Works; Lakeside Industries, Inc. 4. AGREEMENT re: Upper Hoh Road M.P. 3.9 Emergency Repair, County Road No. 914207, County Project No. X01957; In the Amount of $250,000; Jefferson County Public Works; Washington State Department of Transportation (WSDOT) Page 1 Commissioners Meeting Minutes of April 6, 2015 5. AGREEMENT NO. LA7393, Supplement No. 6 re: Queets Bridge Painting, Bridge No. 8W, Clearwater Road M.P. 0.60 to M.P. 0.76, Project No. CR1881, Federal Aid Project No. BHOS -16W A(001); In the Amount of $266,929.99; Jefferson County Public Works; Washington State Department of Transportation (WSDOT) 6. AGREEMENT re: Designation of the Official County Newspaper of Public Record for Legal Notices; In the Amount of $8.25 per Column Inch; Port Townsend/Jefferson County Leader 7. AGREEMENT, Amendment No. 1 re: To Revise Fort Townsend Nearshore Project Task Scope, End Date and Budget; Estimated Revenue of $6,000; WSU Jefferson County Extension; Northwest Straits Marine Conservation Foundation 8. AGREEMENT re: Planning Consulting Services; In the Amount of $20,000; Jefferson County Department of Community Development; Michelle Farfan 9. MEMORANDUM OF UNDERSTANDING (MOU) re: Administration of the Mental Health/Substance Abuse Sales Tax Fund; In the Amount of $30,328; Jefferson County Public Health; Jefferson County Sheriffs Office 10. Advisory Board Resignation re: North Pacific Coast Marine Resources Committee (NPC MRC); Jefferson County Citizen, Chiggers Stokes 11. Payment of Jefferson County Vouchers/Warrants Dated March 23, 2015 Totaling $292,373.25 12. Payment of Jefferson County Payroll Warrants Dated March 20, 2015 Totaling $72,800.89 and A/P Warrants Done by Payroll Dated March 20, 2015 Totaling $15,255.14 COMMISSIONERS BRIEFING SESSION. • The Commissioners reported on their meeting schedules. APPROVAL of MINUTES: Commissioner Johnson moved to approve the Regular Meeting minutes of January 5, 12, 20 and 26, 2015 as presented. Commissioner Kler seconded the motion which carried by a unanimous vote. Commissioner Kler noted the following correction to the correspondence log for March 23, 2015: "2016" should be changed to "2015." The meeting was recessed at 9:53 a.m. and reconvened at 10:02 a.m. with all three Commissioners present. BID OPENING re: Jefferson County Jail Fire Alarm Replacement — CANCELLED: The bid opening for the Jefferson County Jail Fire Alarm Replacement was cancelled and rescheduled for April 13, 2015 at 10:00 a.m. Page 2 Commissioners Meeting Minutes of April 6, 2015 EXECUTIVE SESSION: An Executive Session was scheduled from 10:00 a.m. to 10:15 a.m. with the County Administrator, Deputy Prosecuting Attorney and Clerk of the Board/Human Resources Manager regarding Attorney - Client Privilege, Potential 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 10:02 a.m. to 10:29 a.m. At the conclusion of the Executive Session the Board recessed resumed the meeting. The meeting was recessed at 10:29 a.m. and reconvened at 1:35 p.m. with all three Commissioners present. DISCUSSION re: No Net Loss Grant: Department of Community Development (DCD) Associate Lead Planner Donna Frostholm briefed the Board on the No Net Loss grant update. The agenda materials included the following information: "The Jefferson County Department of Community Development (DCD) obtained a No Net Loss (NNL) grantfrom the Environmental Protection Agenda (EPA), with Clallam County as the Grant Administrator, in 2010. Much of the work on this grant was delayed until the new Shoreline Master Program (SMP) became effective. Due to staffing levels and the priority of getting permits issued, the grant was amended so that most of the remaining work will be completed by a consultant. The EPA has amended the contract with Clallam County and DCD has issued a request for proposals (RFP). The Board of County Commissioners (BOCC) is being advised of the contract amendment between the EPA and Clallam County. This grant revision does not alter the agreement between Jefferson County and Clallam County; however, the BOCC will need to approve grant funds being awarded to the selected consultant later this month. It was determined by DCD Management and the County Administrator that a consultant would be needed to complete the work on this grant. DCD and Clallam County worked to revise the grant through EPA, and in December 2014, DCD received word that the EPA approved the amendment. This revision included a grant extension to December 31, 2016 and a modification for the majority of the work to be completed by a consultant DCD advertised the RFP on March 9, 2015 and received one proposal on March 27, 2015, which was the RFP due date. Of the $330.000 awarded to Jefferson County in the NNL grant, approximately S44,000 has been used by DCD to begin implementing the grant. Of the remaining $286, 000 in the grant, $195, 000 will be awarded to a consultant to complete the grant, $5, 000 will be used by Clallam County to continue managing the grant, and $5, 000 has been budgeted as `pass through " finds for County GIS staff to assist in implementing the grant. The remaining $81, 000 will be used by DCD to manage the grant through December 31, 2016 This reduces the amount of money that DCD will bring in for the current year and the next fiscal year, but ensures that the grant will be completed by the grant expiration date. There is a $20, 000 match with this grant, of which $9,500 has been expended. " Associate Planner Frostholm stated that there will be a minimal amount of work for staff on this grant. It is the Planner's responsibility to transfer information to the consultant who then makes sure that it complies with the NNL part of the grant. She will be the NNL project manager, but a majority of the Page 3 Commissioners Meeting Minutes of April 6, 2015 work will be done by the consultant. She added that she will be coming back before the Board at a later date to request the funding approval of the $195,000 for a consultant. County Administrator Philip Morley stated that DCD Director Carl Smith and Secretary Jodi Adams have already looked into staff time that will be needed to fulfill grant requirements. He added that this will forego some revenue to the department, but it is necessary to prioritize permitting. Associate Planner Frostholm explained that Planners have a NNL checklist they fill out for applications. The checklists get turned into the consultant who reviews them for indicators of shoreline function. The meeting was recessed at 2:38 p.m. and reconvened at 2:44 p.m. with all three Commissioners present. DISCUSSION re: Marijuana Moratorium: County Administrator Philip Morley explained that the Planning Commission and the County are working on developing regulations regarding certain marijuana uses in certain zones prior to the current moratorium expiring. Draft regulations were presented to the Planning Commission last week. Citizens in attendance at the Planning Commission meeting were able to comment and Department of Community Development (DCD) Associate Planner Colleen Zmolek will be briefing the Board on the outcome of that meeting. A copy of the Planning Commission Meeting Agenda packet was distributed. County Administrator Morley noted that the Planning Commission's next meeting will be held on April 15, 2015 with a Public Hearing scheduled for May 6, 2015. Associate Planner Zmolek referred to Page 6 and 7 of the Planning Commission packet. She pointed out that the tables for producing and processing came at the request of the Planning Commission and she explained what it is that is being proposed. A breakdown of allowable temporary and permanent grow structures was provided; and the parcel size depicts the structure size. There was discussion regarding when a code change would be required and Associate Planner Zmolek added that under processing, in addition to the 5,000 square feet for the processing, they would be allowed the additional square footage for the temporary and permanent grow structures. These directions came from the Board of County Commissioners (BOCC) to look into the scale and intensity per parcel size. The Planning Commission asked DCD to do a building size according to parcel size for a temporary or permanent grow structure, which is shown on Page 8. Chairman Sullivan asked how they arrived at these figures? Associate Planner Zmolek replied that originally, the number was 2,500, but Director Smith created the figures according to the parcel size. Chairman Sullivan stated he was surprised to see the 5,000 square feet on the R1:10 and R1:20 parcels, because there is plenty of room on those parcels for a larger structure. The main concern of the Board was for parcels R1:5. He suggested the confusion may be if a parcel is zoned R1:20 but the parcels are less than 5 acres. That is different than saying it is really 20 acres. Associate Planner Zmolek stated that this is explained in the Code. For example, if it is zoned R1:10 and R1:20 and they have 5 to 6 acres, they would be allowed 3,000 square feet. She added that a lot of parcels are not the minimum density that would be required today to subdivide them. Page 4 Commissioners Meeting Minutes of April 6, 2015 WAI Associate Planner Zmolek stated that on Page 9 of the Planning Commission packet, DCD proposed the following addition to 18.20.030 Agricultural activities and accessory uses, under (1) Definitions: (k) Agricultural Processing. Includes but is not limited to grinding, mixing, milling, canning, packing, freezing. Includes extraction and activities to transform the agricultural product into a value added product. Agricultural Processing for the purposes of this section shall not include the drying, trimming and bagging of an agricultural product. She explained that section K was added because there was concern at the Planning Commission meeting regarding "packing." DCD wanted to make it clear that drying, trimming and bagging was not considered "processing." She added that on an agriculturally zoned parcel it wouldn't matter, but on a residential parcel, where a lot of organic farms are located, this could rise to the level of requiring a Cottage Industry permit. Adding section clarifies that an individual can still dry and trim agricultural products such as corn or marijuana, and that it would not be considered a Cottage Industry. At the Planning Commission's last meeting, there were only seven people in the audience and their main concern was over "unintentional consequences" such as temporary growing structure regulations. There are concerns that this could limit other agriculture, not just marijuana crops. Chairman Sullivan stated that limits would be imposed if they were treated as a Cottage Industry. Associate Planner Zmolek stated that due to concerns of the public, the Planning Commission decided they did not like the possible unintended consequences. They would like producing and processing to have their own line and their own performance standard. The Planning Commission decided to go in their own direction because they wanted their own thoughtful solution and addressed how they believe mitigating the unintentional consequences should be reviewed. Associate Planner Zmolek stated that she believes the Planning Commission originally looked at marijuana as an agricultural product, now they are questioning this. Chairman Sullivan asked if the Planning Commission has made a distinction between food and non -food agriculture? Associate Planner Zmolek replied that she did not think so. Commissioner Kler asked if we decide to go with Conditional Use Permits (CUPS) or discretionary, will there be a higher risk of a permit not being accepted? Associate Planner Zmolek replied that if an applicant met the performance standard, these would be set up. It is not a matter of being denied, but would involve a longer process and a higher cost. A pre - application CUP is more expensive than no review or a consistency review. Chairman Sullivan noted that people are allowed a 10% impervious surface on a 10 acre parcel which computes to 100,000 square feet. He prefers using this method for structures. An impervious surface of 10% on a 5 acre parcels allows for a 50,000 square foot structure. With a Cottage Industry, you have 5,000 square feet for processing, and 10% of that could be for growing agriculture. Commissioner Kler asked what would the tier limits be under the Washington State Liquor Control Board (LCB)? Chairman Sullivan replied that it would be irrelevant because the tier limits will be imposed on top of this. Page 5 Commissioners Meeting Minutes of April 6, 2015 1, -, EK-7 Associate Planner Zmolek stated that if marijuana became its own use, it would not affect other agriculture. Another hearing could be held if the Board decided to go this route. County Administrator Morley stated that the Commissioners are not wanting to go that route, but they also do not want to unduly restrict common forms and current practices of agriculture. County Administrator Morley reiterated the issues at hand. The Commissioners are wanting to address scale and intensity, especially on small lots. If applied to all agriculture structures, this can inhibit current agriculture practices. He noted that Chairman Sullivan is suggesting to expand the size to something that is big enough not to impact what may already be out there as an agriculture process. Chairman Sullivan clarified that his suggestion was on 5 acres of land or larger. County Administrator Morley stated if an operation is on 5 acres or smaller, it could allow for a large building next door. Associate Planner Zmolek stated that the concern from the public is that large buildings would be allowed next to the property line. She asked if a 25 foot setback Mth a screen is allowed, would that be appropriate for a new industry on residential or forest land? Chairman Sullivan stated that he is willing to give the Planning Commission time to work on this. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items • Cannabis Moratorium. • Chairman Sullivan reported on the Port Ludlow Village Council (PLVC) meeting last week. Calendar Coordination • Commissioner Johnson will be attending a Jefferson Transit Finance meeting on April 7, 2015. • Commissioner Johnson will be attending a Marine Resources Committee (MRC) meeting on April 7, 2015. • Chairman Sullivan will be touring Washington State Department of Natural Resources (DNR) harvest sites: Bangor and Devil's Vista on April 7, 2015. • Chairman Sullivan will be attending a Special Board meeting of OIyCAP on April 7, 2015. • Commissioner Johnson will be attending a Law Enforcement Officers and Fire Fighters (LEOFF) Board meeting on April 7, 2015. • Commissioner Kler will be attending a Jefferson County Parks and Recreation Advisory Board (PRAB) meeting on April 8, 2015. • Commissioner Kler will be attending a Brinnon Park and Recreation District meeting on April 8, 2015. • Commissioner Johnson will be attending an Olympic Region Clean Air Agency (ORCAA) meeting on April 8, 2015. • Commissioner Kler is tentatively scheduled to attend a tour of Taylor Shellfish on April 9, 2015. • Commissioner Johnson will be out of the office on April 9, 2015. • There will be a Quimper University Unitarian Fellowship (QUUF) Housing meeting on April 10, 2015. • There will be a YMCA meeting on April 11, 2015. Page 6 Commissioners Meeting Minutes of April 6, 2015 Nf)z • Chairman Sullivan will be out of the office April 14 -17, 2015. • Commissioner Kler will be attending a local Board of Health meeting on April 16, 2015. • Commissioner Johnson will be attending a Hood Canal Coordinating Council (HCCC) meeting on April 14, 2015. Commissioner Johnson is tentatively scheduled to attend a DNR tour on April 14, 2015. • Commissioner Kler and County Administrator Morley will be attending a Tourism Coordinating Council (TCC) meeting on April 14, 2015. • There will be a Public Employee Relations Commission (PERC) Tax Blues Breakfast on April 15, 2015. • There will be a Budget Committee meeting on April 15, 2015. • Commissioner Kler will be in Olympia for the Washington State Association of Counties (WSAC) meeting on April 15, 2015. • There will be a Legislative Steering Committee (LSC) and a County Road Administration Board (CRAB) meeting on April 16, 2015. • There will be a Veteran's Ceremony on April 18, 2015. There will be a Jefferson Transit meeting on April 21, 2015. • There will be a Solid Waste Advisory Committee (SWAG) meeting on April 23, 2015. There will be a Jefferson -Port Townsend Response Emergency Planning (JPREP) meeting on April 24, 2015. • Brinnon Loyalty Day will be on April 24, 2015. Miscellaneous Items Joint Growth Management Steering Committee (JGMSC); Status update on potential reappointment of Frances Rawski. • Washington Counties Risk Pool (WCRP) report. • Department of Community Development (DCD) staffing. • No -Net Loss Grant Request for Proposals (RFP). • Marijuana Moratorium. • Planning Commission. • Howard Street re -zone affects west side of Howard Street only. Future Agenda Items: • DNR harvest recommendations of April 20, 2015. Page 7 Commissioners Meeting Minutes of April 6, 2015 2 NOTICE OFADJOURNMENT. Commissioner Johnson moved to adjourn the meeting at 3:51 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Kler seconded the motion which carried by a unanimous vote. SJ, A • A 1 t ATTEST: 694,U4- " a Carolyn' ery Deputy Clerk of the Board JEFFERSON COUNTY Kathleen Kler, Member