HomeMy WebLinkAbout03 GonnellaLetter regarding Addition to 2020 Docket
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Dear Board of County Commissioners and Planning Commission Members:
Attached please find a letter from some concerned Jefferson County residents regarding marijuana facilities in Rural Residential zoning areas. This letter is a request for the addition of this issue on the Jefferson
County 2020 Docket.
Warm regards, Carol Gonnella
Carol Gonnella <carolgonnella@gmail.com>
Tue 8/18/2020 1:58 PM
To:Kate Dean <KDean@co.jefferson.wa.us>; jeffbocc <jeffbocc@co.jefferson.wa.us>; Greg Brotherton <GBrotherton@co.jefferson.wa.us>; Planning Commission Desk <PCommissionDesk@co.jefferson.wa.us>;
Cc:Kathleen Waldron <kathleen.waldron@icloud.com>; vigoanderson <vigoanderson@gmail.com>; Patricia Earnest <earnest.pj@gmail.com>; Brenda And Ron <rrempel2@msn.com>; Victoria Galanti <vicgal1804@gmail.com>;
Chris Wilson <cbwilson3@live.com>;
2 attachments
8-2020 Letter to County Officials 8.docx; ATT00001.txt;
1
August 18, 2020
The Jefferson County Board of County Commissioners
The Jefferson County Planning Commission
Dear County Officials:
We will soon be entering our fourth year of asking you, our elected Jefferson County leaders,
for assistance in protecting the homes and quality of life of Jefferson County citizens who reside
in rural residential zoning areas from commercial marijuana grow and/or processing facilities.
Over these years, we have had many individual meetings with most of you, including all County
Commissioners. We have attended and presented at many BOCC and Planning Commission
public hearings to address our concerns. We have had three administrative hearings before the
Hearing Examiner. We have worked with the Prosecuting Attorney’s Office on a new Hearing
Examiner code, rules of procedure, and JCC amendments. To date, we continue to feel: THE
COUNTY HAS DONE NOTHING TO PROTECT ITS CITIZENS regarding this issue.
On June 17, 2019, the BOCC considered a review of banning marijuana facilities in rural
residential zoning areas on the 2019 docket by amending the Jefferson County Code (JCC). My
notes reflect the following statements in pertinent part:
PHILLIP MORLEY: In consideration of the staffing shortages and the work program, I
must be realistic about the capacity of the DCD to complete this subject on the 2019
docket……I recommend denying the placement of this issue on the 2019 docket.
PATTY CHARNAS: With our existing commitments, we have both limited finances and
staff. Our staff is unable to take on this matter at this time. In 2020, we want to do the
analysis, we want this on the docket.
GREG BROTHERTON: I have read the written comments…. I take the recommendation
of the DCD. I would put it on the 2020 docket.
KATE DEAN: I understand there is work involved. Presently almost all other counties
prohibit marijuana facilities in rural residential. I do not think it would be that much
work. We are asking both the operator and the neighboring properties to take on an
enormous burden. I would like to eliminate that burden. By not putting it on the
docket, it may create more work for the DCD.
At this BOCC public hearing, the Commissioners voted 2-1 in opposition to the placement of the
matter on the 2019 docket. Commissioners Sullivan and Brotherton voted to deny, while
Commissioner Dean voted to place the matter on the docket.
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We are now asking you to place this matter on the 2020 docket. Let’s review the two reasons
for denial as stated by the County in the above statements, which in essence are lack of money
and staff time.
In the past three years, Jefferson County has had two separate administrative hearings on a
proposed marijuana facility on Marrowstone Island by applicant Austin Smith representing
Olympus Gardens, and one administrative hearing on a proposed facility in Coyle from an
application submitted by the Williamson family. In this latest hearing, the application was
denied, and thus, in all probability, there will be an additional hearing on the Coyle matter
sometime in the near future.
1. STAFF TIME. The review of each application by DCD requires an extensive amount of
time of many County employees. It involves review of the application to analyze that
the application complies with every single requirement of JCC 18.40.530 for conditional
use permits (CUP). County staff must obtain and analyze pertinent technical data, such
as water (availability, quality, stormwater, wastewater, contamination from runoff),
odor pollution, noise pollution, infrastructure services, just to name a few technical
issues. In addition, it must examine more subjective issues such as harmony, design,
character, merit or detrimental effects to the surrounding area. This detailed analysis
must be completed for every single application. It puts a great burden on the staff of
the DCD as well as other County employees. When several residents of Marrowstone
Island met with David Sullivan on January 26, 2019, he lamented the cursory,
inadequate review of the DCD regarding the Austin Smith application. My notes reflect
him telling us: “This type of thing shouldn’t happen. The DCD has let us down and we
are ultimately responsible for that. I apologize for the system not working. Had the DCD
done it right, it should have been a no”. (The DCD had recommended approval of the
Smith application, stating the application had satisfied every requirement of JCC
18.40.530, approval criteria for all conditional uses without supporting data and
information).
We have been told that the DCD is overworked and understaffed, which may be a
reason there may be inadequate review. To give just one example of the DCD’s failings
in determining approval of an application, the first Smith application and the Williamson
application were asking approval for not only a grow operation, which requires a
conditional use permit, but also a processing operation, which additionally requires a
cottage industry permit. The first requirement of a cottage industry permit, as set forth
in JCC 18.20.170(4), is that the cottage industry be operated by at least one full-time
bona-fide resident residing in a single-family residence on the parcel. In the decision of
the first Smith hearing, dated October 31, 2017, Mr. Causseaux, the Hearing Examiner,
found that no one was residing on the parcel and the application failed the bona-fide
resident requirement. It was one of the main reasons for denial. Ironically, the same
basic set of facts were mirrored in the Williamson hearing. Testimony was that no one
was presently residing on the property. Thus, one of the main reasons Mr. Causseaux
denied the Williamson application on April 1, 2020 was that the bona-fide resident
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requirement was not met. In our humble opinion, the DCD made the same mistake
twice by failing to adequately review and incorrectly recommending approval of both
the Smith and the Williamson’s applications.
2. FUNDING. The argument that the County does not have the money to place this issue
on its 2020 docket is spurious. This money represents our taxpayer dollars and we feel
the County is being penny wise and pound foolish. Patty Charnas indicated that the cost
to the County to put this issue on the 2019 docket would be about $7000, and lamented
that the County did not have those resources. We would guess that the cost of review if
put on the 2020 docket would be just about the same. But how much time and money
does the County expend to review an application under the conditional use process? At
a meeting with Phillip Morley on January 26, 2019, he was asked how much it cost for
each application. He stated he did not know the exact figure but approximated $30,000.
That means for the review and two hearings of the Austin Smith application, it cost the
County about $60,000. Using that approximation to date, the Williamson application
has cost the County about $30,000 and that figure will be doubled if there is another
hearing. For just two applications, the County has spent at least $90,000, and it may be
closer to $120,000. Even if the County is reimbursed in part by a CUP applicant for
County time, the process is a significant work burden on the DCD employees and
prevents them working on more important issues that would improve the quality of life
for the residents of Jefferson County.
Vigo Anderson, a citizen of the County, has made a public records request around the
middle of March, 2020 for the exact cost to the County of each CUP application for a
marijuana facility in a rural residential zoning area. Due to the COVID -19 emergency,
the five-day requirement for delivery of records was suspended by Governor
proclamation. Jefferson County’s website posted this proclamation and added that
“responses to requests for records may be somewhat delayed during the period of the
Covid-19 emergency, but Jefferson County will make every effort to provide a first
response to public record requests within five days and to maintain communication with
records requestors in a timely manner as staffing, availability, and workloads allow”. To
date, Mr. Anderson, the requestor, has heard nothing from the County about his
request made nearly five months ago.
We respectfully request that you place this issue on the 2020 docket. It is time as time
is of the essence to protect your citizens. And it is time that the citizens of Jefferson
County feel that the County is listening to them.
The below residents of Marrowstone Island and Coyle thank you for considering this
request,
Kathleen Waldron Vigo Anderson John Gonnella
Ron Rempel Chris Wilson Carol Gonnella
Patricia Earnest Victoria Galanti Sherryl Wilson