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HomeMy WebLinkAboutM041315District 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 13, 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 gave an update on the "Tent City," and urged the Commissioners to create a permanent Tent City in the County. They also asked what they can do to assist in this process; and A citizen stated that in the United States, the Pacific Northwest is the only place predicted to have an earthquake greater than a 9.0 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. 13 -15 re: HEARING NOTICE: First Quarter 2015 Budget Appropriations/Extensions; Various County Departments; Hearing scheduled for Monday, April 27, 2015 at 10:00 a.m. in the Commissioners Chambers 2. AGREEMENT re: Healthy Communities Project; In the Amount of $27,500; Jefferson County Public Health; Kitsap Public Health District (KPHD) 3. AGREEMENT re: Conduct Two (2) Workshops for Hidden Hazards in the Arts; In the Amount of $1,100; Jefferson County Public Health; Waddell Environmental, LLC 4. AGREEMENT re: Database Development Services; In the Amount of $35,000; Jefferson County Public Health; Synergetic Consulting Group, Inc. 5. AGREEMENT re: Dowans Creek Road Realignment, County Project No. CR17993, FEMA 1734- DR -WA, Grant No. E08 -796; In the Amount of $498,936 (Engineers Estimate); Jefferson County Public Works; Bruch & Bruch Construction, Inc. 6. Payment of Jefferson County Payroll Warrants Dated April 3, 2015 Totaling $792,027.84 COMMISSIONERS BRIEFING SESSION. The Commissioners reported on meetings they attended and upcoming meetings. The meeting was recessed at 9:45 a.m. and reconvened at 10:00 a.m. with all three Commissioners present. Page 1 Commissioners Meeting Minutes of April 13, 2015 EU BID OPENING re: Jefferson County Jail — Fire Alarm Replacement Project. Public Works Architectural Projects Planner Gordon Ramstrom stated the project estimate is $126,682.00, including tax, for the base bid. He opened and read aloud the following two bids that were received: BIDDER BID AMOUNT Simplex Grinnell $120,692.00 (tax included) Base Bid North Shore Electric, Inc. $134,615.00 (tax included) Base Bid Mr. Ramstrom noted for the record that North Shore Electric included a check and cash for the bid bond. He explained that the original bond amount was based on the pre -tax figure. The bidder explained that the original bid bond check only included the pre -tax figure. The cash included in the envelope is to bring the bid bond on the tax included figure to 5 %. He stated that estimates were also received for maintenance agreements. County Administrator Philip Morley asked how will the maintenance agreements be factored in? Mr. Ramstrom replied that only the base bid for construction work has been researched. A maintenance estimate was not looked into at this time. Staff will review the bids and submit a recommendation for bid award to the Board at at future date. WORKSHOP re: Parks, Recreation and Open Space Comprehensive Plan Review: Parks and Recreation Manager Matt Tyler gave a presentation to the Board. The first Open Space Comprehensive Plan (OSCP) was adopted in 1995 and updated in 2002. The current proposed version will update the one completed in 2002. Public Works Director /County Engineer Monte Reinders was in the audience during the meeting. Mr. Tyler stated that the planning process included the review and preparation of goals, objectives, inventory, demand and need analysis, recommendations, a capital improvement plan and public involvement. The Parks and Recreation Advisory Board (DRAB) was formed in 1989. Updating of the current OSCP started in 2014. Parks and Recreation facilities are still a very important aspect of Jefferson County. Park and facility inventory includes 31 parks which span 1,152 acres. The inventory was divided into the following categories: Neighborhood Parks, County /Community, Regional, Natural Open Space and Special Use Areas. A needs assessment for 2015 -2035 was conducted in a comprehensive manner and made using a wide variety of approaches and tools such as recreation trends, demographics, mapping, and standards of the National Recreation and Parks Association (NRPA). NRPA provides standards for adequate park land by population and is used nationwide. It consists of very well established guidelines and provides level of service by park type in acres. NRPA guidelines assume acreage is fully developed and functional. Acreage and parks from other agencies such as national, state and schools are not factored in. The NRPA assessment results concluded that Jefferson County has 244.20 acres over what would be considered adequate park space. Only County acres were counted in this assessment. Jefferson County will not need additional parks for 20 years. Mr. Tyler stated that facilities within our parks are important and should be retained, maintained and improved. He addressed the need for new facilities on existing acreage for nature access, youth athletics, Page 2 Commissioners Meeting Minutes of April 13, 2015 passive recreation, interpretation, ADA access, water access, restrooms, dog parks, campgrounds, bike parks and more. Mr. Tyler reviewed the recommendation and Action Plan which is to seek new revenue to address maintenance issues and to improve what we already have. Projects with the highest potential for grant funding will be made a higher priority. He would like to see the County pursue a new tax revenue which is dedicated to capital improvement, a variety of funding sources such as public and private grants, user fees, volunteers, donations and business partnerships all to help improve the brand, image and awareness of County parks and improving maintenance. Existing park facilities needing improvements include North Beach restroom, Memorial Field fence and lights, Courthouse tennis court, Indian Island shelter and toilet, Irondale Community playground, HJ Carroll Salmon Shelter, Gibbs Lake buildings, Leland Campground and dock, Hicks Park toilet and Quilcene Campground. Mr. Tyler stated that in moving forward, financing solutions for Parks and Recreation will take time. Community activism is required as well as continued communication as the situation evolves. The PRAB and the Board of County Commissioners (BOCC) will continue to balance the County's various needs. Commissioner Kler stated that we may have a lot of parks in terms of acreage, but facilities and programs have taken a hit. She thanked the PRAB for the amount of work they have done. Chairman Sullivan noted that he too appreciates the work done on the OSCP. He explained that some of the funding options have been compromised as a result of the recession. County Administrator Morley explained that historically, when Real Estate Excise Tax (REET) has been more significant and other revenue streams more generous, some of those amounts went to fund County- wide capital and more specifically, Parks and Recreation capital. The County is just beginning to recover on REET. He added that there are some variable revenues this year. Timber harvest for Trust Lands are forecast to be good according to Washington State Department of Natural Resource's (DNR) projections. Depending on the Federal Government Payment In Lieu of Taxes (PILT), there may be more revenue that was not initially built into the base budget. Furthermore, under polices that the BOCC has adopted, there are procedures in place for when there are one -time excess revenues to allocate to capital purposes or other one -time expenditures. This becomes a balancing act for the BOCC. Balancing capital dollars for maintaining other government facilities such as the Courthouse, Sheriff s Office, Parks and Recreation, etcetera. There is a long list of needs due to the deferral of maintenance as a result of the recession. Commissioner Johnson stated that Mr. Tyler has done a great job on the OSCP and an amazing job on keeping Parks and Recreation going. Chairman Sullivan added that it is a big job maintaining volunteers as well. County Administrator Morley stated that the purpose of today's presentation by Mr. Tyler on the OSCP is to schedule it for a public hearing, which is required prior to the BOCC taking action on the plan. Page 3 Commissioners Meeting Minutes of April 13, 2015 Commissioner Kler moved to approve the hearing notice for the Jefferson County Parks, Recreation and Open Space Comprehensive Plan, setting the hearing for Monday, May 11, 2015 at 10:00 a.m. in the Commissioners' Chambers. Commissioner Johnson seconded the motion which carried by a unanimous vote. The meeting was recessed at 10:43 a.m. and reconvened at 1:33 p.m. with all three Commissioners present. COUNTYADMINISTRA TOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination • Commissioner Johnson will be attending a Hood Canal Coordinating Council (HCCC) meeting on April 14, 2015. • Commissioner Kler and County Administrator Morley will be attending a Tourism Coordinating Council (TCC) meeting on April 14, 2015. • Commissioner Kler will be attending a Substance Abuse Advisory Board (SAAB) 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) meeting and a County Road Administration Board (CRAB) meeting on April 16, 2015. • The Board of Health meeting for April 16, 2015 has been cancelled. • Commissioner Kler will be attending a Collective Impact meeting on April 17, 2015. • There will be a Veteran's Ceremony on April 18, 2015. • The Quilcene Museum will be opening on April 18, 2015. • There will be a Jefferson Transit meeting on April 21, 2015. • Commissioner Kler will be attending a Solid Waste Advisory Committee (SWAC) meeting on April 23, 2015. • Commissioner Kler and County Administrator Morley will be attending a Jefferson -Port Townsend Response Emergency Planning (JPREP) meeting on April 24, 2015. • All 3 Commissioners will be attending the Brinnon Loyalty Day Event on April 24, 2015. • Commissioner Kler will be attending an Aquatic Coalition presentation at the Quilcene Community Center on April 29, 2015. • County Administrator Morley will be attending a Washington Counties Administrative Association (WCAA) meeting April 29, 2015 — May 1, 2015. Miscellaneous Items • Tourism Coordinating Council (TCC) / Lodging Tax Advisory Committee (LTAC). • Tent City. • Andy Cooper Road and Paradise Cedar; Crittenden. County Administrator Morley will follow up. Page 4 Commissioners Meeting Minutes of April 13, 2015 ': • Joint Growth Management Steering Committee (JGMSC); Chuck Russell has applied. • Animal Control update. The meeting was recessed at 2:54 p.m. and reconvened at 3:05 p.m. with all three Commissioners present. DISCUSSION re: Recreational Marijuana: Department of Community Development (DCD) Associate Planner Colleen Zmolek was present to discuss the cannabis moratorium and the development of regulations. Planning Commission members Gary Felder and Cynthia Koan were present in the audience. County Administrator Philip Morley asked Ms. Zmolek how many pending permits does the Washington State Liquor Control Board (LCB) have for this County? Ms. Zmolek replied there are currently 26 pending permits and seven of those are active with the LCB. There are 13 pending building permits awaiting approval with DCD. Most of these are for multiple buildings. In Glen Cove, there is one license, but that applicant intends to have three or four buildings onsite. County Administrator Morley asked how many of the 26 pending applications are unique business proprietors, and questioned whether there are separate applications for producing versus processing? Ms. Zmolek replied that she believes the 26 applications are individual and they are for producer /processor. Commissioner Kler asked if there were any new retail marijuana applicants? Ms. Zmolek replied that there are seven pending retail and two active retail, but none have received permits from Jefferson County. Commissioner Kler asked if 26 applications are pending with the LCB, how are they affected by our County's moratorium? County Administrator Morley replied that they may be granted a license by the LCB, but under our moratorium, they would not be able to build anything. He added that the County is looking at the impact of what will happen if the moratorium lapses. Commissioner Kler asked is anyone with an active approved license with the LCB geographically limited? Ms. Zmolek stated that LCB marijuana license holders can consider relocating to any county in Washington. County Administrator Morley explained that last week, Ms. Zmolek briefed the Board on the outcome of the last Planning Commission meeting and their concerns over unintended consequences for all agriculture. She reported that the Planning Commission would like to see marijuana have its own use. He noted that he posed an idea last week not to put an absolute size limit in place, beyond what is already there, but rather have a bifurcated process, depending on the zoning or size of the lot below a certain threshold of size, making it a presumptive right, just as it is now, and would be granted. Above a certain size, because of concern over scale and intensity and potential offsite impacts, it would require a Conditional Use Permit (CUP) process. He's uncertain what that threshold would be, but what that would potentially do is allow current agriculture practices to continue. In setting the size limits for when a CUP would be required, the limits would be appropriately sized enough that most of your typical agriculture would fall below that limit. The attendees of the meeting discussed some of the unintended consequences and scenarios for the different approaches to marijuana regulations. Page 5 Commissioners Meeting Minutes of April 13, 2015 Ms. Zmolek stated that from a planning perspective, having marijuana separated in its own use, would help mitigate any unintended consequences and farmers would be able to continue growing as they have done so in the past. Chairman Sullivan stated that he would like to see everyone treated the same and not have different uses for different agricultural activities. Another issue is that neighbors want notification, but we currently do not do that. People need to feel they have a say in the matter. He added that there are size limitations in other sections of the County Code for properties. To single out marijuana, we would need a reason. He asked if there is a problem we need to address? The unintended consequences for other types of agriculture may be unfair. He respects the Planning Commission spending time on this issue. He added that he had spoken to local farmers and they are concerned over potential size restrictions for ground covers. The Board agreed to invite the two Planning Commission members Gary Felder and Cynthia Kean to join the meeting. County Administrator Morley asked them how the Planning Commission dealt with the issue on what is unique about marijuana than with other agriculture practices. Mr. Felder replied that he would like agriculture to remain as untouched as possible. In terms of putting up a fence to control marijuana regulations, he stated that it would fall under the LCB as Tier 1, 2 or 3 in terms of allowable permits. Those who want to take a chance will proceed with it. He added that there are too many issues here. County Administrator Morley asked if Mr. Felder is suggesting not doing anything? Mr. Felder replied that he was just reviewing material by the Planning Commission this morning and stated that if an applicant has a one acre lot, unless they can pull it off as a Cottage Industry, they should not bother applying. He added that the LCB regulations will supersede their decisions. County Administrator Morley stated that time is ticking on the moratorium and it is desirable to get something in place before the moratorium lapses. Due to the difficulty of coming up with an ag -wide approach, he sees the practicality of marijuana being a separately listed agriculture product and regulating it, at least in the interim, because that is the crop presenting the issues. He added that in Washington State, there is ample precedence for setting marijuana as a separate agriculture. He is uncertain whether or not that is best policy in the long run, but believes it is probably defensible. Commissioner Kler stated that until we know more about the consequences, if regulation can be done without hurting agriculture, she approves treating marijuana differently. Commissioner Johnson stated he agrees with some of what Commissioner Kler is saying. He understands why we call it "recreational" marijuana, because marijuana is different. You would not use the term "recreational" apples. He would like to be able to use the term "marijuana" because it is just a plant. Ms. Zmolek stated the difference is that marijuana could be industrial hemp. Ms. Zmolek stated that when new agricultural performance standards were created, they did not include a use table, although they do have a use table for agriculture and forestry uses. When it was created, only the text version was used. A lot of the information was not put into a use table as it shows in all the others such as temporary, institutional uses, public purpose and commercial. All those have many lines, but it was not done for agricultural use. She added there is a line for nurseries. Nursery is a yes in agriculture, commercial forests and is a Conditional Use in all the residential zones and all rural village centers. There are some no's as well. Her point is that we do not have to say that marijuana is not agricultural use. County Administrator Morley clarified that marijuana can be a listed use of agriculture. He added that it still begs the question of why you would distinguish it? Chairman Sullivan asked why Page 6 Commissioners Meeting Minutes of April 13, 2015 would you distinguish nurseries too? Is it because they are non -food? Is it because they are in larger buildings? Ms. Zmolek noted that aquaculture is under agriculture and forestry use and has a table. The Planning Commission is holding a Special Meeting on April 15, 2015 once a decision is made on how to proceed, a Public Hearing will be held on May 6, 2015. The Board of County Commissioners (BOCC) will be briefed on the Planning Commission's recommendations on May 11, 2015. If the BOCC does not agree to move forward with the Planning Commission's recommendations, they would then move forward with their own Public Hearing. Ms. Zmolek stated that the Planning Commission understands the BOCC may not agree with its recommendations, but still wants to move forward with a thoughtful review process. County Administrator Morley noted that the Planning Commission is entitled to make its own recommendations. County Administrator Morley stated that Jefferson County loves agriculture and wants it to flourish, but what we do not want to see is negative unintended consequences. On the other hand, if there were to be a different crop that presented the same issues, we would be concerned with the same scale and intensity issues and off -site issues of other crops as well. Chairman Sullivan added that this all has to comply with Critical Areas too. He clarified that his main concern is regarding the exemption for agriculture structures. LETTER of SUPPORT re: Devil's Vista Timber Sale and Bangor Timber Sale; Department of Natural Resources (DAR): Commissioner Johnson moved to approve sending a letter to the Department of Natural Resources (DNR) Commissioner of Public Lands Peter Goldmark regarding Devil's Vista Timber sale and Bangor Timber sale, with edits. Commissioner Kler seconded the motion which was carried by a unanimous vote. NOTICE OFADJOURNMENT: Commissioner Kler moved to adjourn the meeting at 4:23 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Johnson seconded the motion which carried by a unanimous vote. SEAL: 4 ATTEST: �< Caro yn very /-I/ Deputy Clerk of the Board JEFFERSON COUNTY Kathleen Kler, Member Page 7