HomeMy WebLinkAbout032Michelle Farfan
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Patty Charnas
Tuesday, January 30, 2018 10:36 AM
Roma Call
Michelle Farfan
DRAFT Meeting Notes from January LL, 2018
20L8 01 l-1 Draft notes from G to G PGST.doc
Hello Roma !
At last we have been able to draft our notes from the January 11th g-to-g meeting. ln sending these draft notes to you,
we respectfully ask for your assistance:
1. lf someone other than you should be coordinating the review, editing, etc. so that we can create a final version,
please advise and we will route to that contac!
2. We did not have complete recollection of everyone's names and/or titles; we really appreciate PGST help here;
3. We will attach to the final version the two handout that were circulated and are referenced in the notes; we did
not include them in this review draft
lf we could have your edits and corrections by Thursday, February 8 that would be fantastic. lf more time is needed, that
is okay, too. These notes go into the official record.
Thank you very much, Roma. lf you have any questions, please let us know
Patty Charnas - Director
Jefferson County Department of Community Development
621 Sheridan Street, Port Townsend, WA 98358
Phone 360-379-4493 " Fax 36O-379-445L
pcharnas@co. iefferson.wa. us
All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public
Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to
any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester
according to state law, including RCW 42.56 and other state laws.
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JEFFERSON COUNTY
DEPARTUENT OF GOttIIi'UN ITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368 | Web: www.co.iefferson.wa.us/communitydevelopment
Tel: 360.379.4450 | Fax: 360.379.4451 | Email: dcd@co.jefferson.wa.us
SquareOlYE Resource Center I Buildlng Permits & lnspections I Development Review | [ong Range Plannlng
DRAFT
Meeting Notes Summary and Follow-up Action ltems
Pleasant Harbor MPR
Government-to-Government ("G-2-G") meeting between the Port Gamble S'Klallam Tribe and Jefferson County
Meeting date: January 11,2016 @ 11 am
Location: PGST Tribal Center,31912 Little Boston Road, Kington, WA 98346
ATTENDEES:
Jeromy Sullivan, Tribal Chairman
Amber Penn-Roco, Attorney PGST
Roma Call, Environmental Program Manager
Laura Price, Director of CulturalArts and History
Stormy Purser, Tribal Historic Preservation Officer
Tim Cullinan, Wildlife Program Manager, Point No Point Treaty Council
Sam Phillips, Biologist, PGST
Cynthia Rossi,
Tamara , Shellfish
Paul McCollum, Natural Resources
Four other Members of PGST Tribal Council
Cara , Administration
(Need help with the names of PGST folks)
David Sullivan, Chair, Jefferson County Board of Commissioners
Philip C. Hunsucker, Jefferson County Chief Civil Deputy Prosecuting Attorney
Patty Charnas, Jefferson County DCD Director
Michelle Farfan, Jefferson County DCD Associate Planner
Meetinq Results /Follow-up Action ltems
Greetinqs and lntroductions
o lntroductions were made around the room. Tribal Chair Sullivan was accompanied by four members
of the Tribal Council and ten staff from tribal departments and programs.
e Jeromy Sullivan opened the meeting, welcoming the County to this consultation. ln hosting the
County's visit on the project, Jeromy Sullivan expressed displeasure that the draft agenda and
reference documents were provided with less than one day to review. Jeromy Sullivan stated that the
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draft agenda should have been provided to them at least a week in advance. PGST changes to the
agenda were proposed with no county objection and included having the Jeromy Sullivan provide
opening remarks as to the Pleasant Harbor project history and the tribes critical involvement
throughout the MPR planning. ln the future, would prefer a draft agenda at least a week to two weeks
in advance of scheduled meetings.
Jeromy Sulllivan said that 10 years ago the project, as proposed, was a bad project. Over the years,
the project intensity is less, "a lot has changed" and a lot has been learned over time. The PGST still
has concerns with the project many are the same concerns they have had over the project's planning
history.
Laura Price and Stormy Purcer provided an update on the PGST application for Traditional Cultural
Properties (TCP) with the Washington Dept. of Archeology and Historic Preservation (DAHP). DAHP
has requested additional information from research and oral histories, which is underway. Laura
described how the PGST focus is to protect what is left of PGST tribalcultural history before it is
gone.
Jeromy Sullivan circulated a handout (attached to these notes) of requested language changes to the
section of the development agreement that pertains to the Recognition of Areas with Cultural
Significance (Draft Development Agreement Chapter 5).
. The proposed language reads: "The areas that contain Kettles A, B, and C and Wetlands B,
C, and D are within the Port Gamble S'Klallam Tribe's ("Tribe") Usual and Accustomed Area
and Traditional and Historic Use Area. The Tribe has obtained evidence indicating that
Kettles A, B, and C and Wetlands B, C, and D, are irreplaceable cultural resources, as the
area has a sensitive, spiritual association for the Tribe. Further, the area has supported, and
continues to support, traditional gathering practices.
ln recognition of the importance of the areas, The Developer will preserve the Kettles and
Wetlands will not be used for any stormwater or wastewater storage."
The proposed language is a work in progress.
o Amber Penn-Roco noted that none of PGST's comments to Jefferson County and developer
provided months ago were reflected in the on-line version of the draft development agreement.
. Roma Callstated the language in the published documents are very concerning to the PGST.
Concern regarding the use of kettles for surface and stormwater could proceed if TCP action still
underway.
o David Sullivan stated that no public hearing has been set and the Board of County
Commissioners (BoCC) are still learning about the Development Agreement. There will likely be
a longer than usual public comment period.
o Jeromy Sullivan stated PGST understand that their neighbor to the south has different comments
about the project. Jeromy Sullivan said that PGST has an inherent right to protect PGST history.
PGST agrees to disagree with the Skokomish Tribe.
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David Sullivan said that it is understood. The more we understand about history, the better off we
allare.
Jeromy Sullivan stated 890 new homes would impact already challenged shellfish beds. PGST
has water quality concerns.
Jeromy Sullivan provided a hard copy of proposed mitigation language (attached to these notes)
regarding proposed mitigation of impacts to the shellfish beds that reads: "The increase in
tourists into the area will have an impact on public beaches in the area. Both the Duckabush and
the Dosewallips are minutes away from the proposed Black Point project. ln order to mitigate the
impact from increased nontreaty intertidal harvest the Port Gamble S'Klallam Tribe proposed the
following:
o 400 bags of seeded oyster cultch every 4 years to be split between the
Duckabush and Dosewallips.
o 1 million clam seed every3 years for the Dosewallips."
David Sullivan asked how PGST came up with those numbers.
Tribalcouncil member stated that the PGST depends on commercial and
subsistence/recreational shellfish harvesting; mitigation proposed is based on space analysis.
David Sullivan stated the county would appreciate the backup information.
Roma Call asked if backup would be helpful. David Sullivan stated "yes, everything must be
based on science."
Jeromy Sullivan stated he hoped for a 90 day comment period due to the large volume of
documents to review. There was a break in the meeting for an in-house lunch graciously provided
by PGST.
Patty Charnas acknowledged and apologized for not providing materials sooner. Patty Charnas
clarified in rolling these materials out to PGST makes all work a public document and therefore
the county must provide it to the public as well.
Patty Charnas further explained that the primary purpose of the meeting was to provide the Port
Gamble S'Klallam Tribe with a copy of the draft development agreement for the Pleasant Harbor
Master Planned Resort (MPR) prior to any possible action by the Jefferson County Board of
County Commissioners (BoCC) and before the setting of any public comment period by the
BoCC.
Patty Charnas said she planned to present the draft development agreement using a copy of the
main document and a PowerPoint presentation. The PowerPoint was prepared for use at the G-2-
G meeting with the Port Gamble S'Klallam Tribe (PGST) on January 11,2018, the G-2-G meeting
with the Skokomish Tribe on January 12, 2018, and the joint informational session of the BoCC
and the Jefferson County Planning Commission on January 16, 2018.
Jeromy Sullivan stated concerns with the term and build-out period in the draft. The buildout
language is not fair as there is no end date. Should not be allowed to go on forever. lf they fail
before full buildout, that's ok with PGST.
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Roma Call stated each phase should not begin until the previous phase is complete.
Phil Hunsucker commented that the County wanted to maintain the conditions of the Ordinance
that established the MPR as much as possible so the build-out period is proposed to reflect that.
Patty Charnas stated the Water Quality Monitory Plan was revised to add sentinelwells.
Phil Hunsucker stated the sentinel wells are ideal to provide an early warning system so there is
time to address any problem before it becomes a real issue with shellfish beds.
. ln going over the Wildlife management plan, Tim stated,
o the current plan doesn't have much detail in it about how they are going to do the
mitigation.
o PHMPR's representatives' comments on site were encouraging but that was not reflected
in the draft plan. Was hoping for more detail.
o How does the county get the developer to comply with the requirements that are so
vague?
. Patty Charnas: that is a good question and compliance will be tied to permit application/approval.
o David Sullivan stated that (in receiving public comments) there could be a process of more than
one BoCC hearing - if changes wanant a re-draft of sections and another hearing on the
changes.
o Tim Cullinan: the changes to wildlife management made by developer were major changes - but
not sure people 5 years from now will know how to deal with it.
r Tim Cullinan : concern about any future extension of no shooting areas extending beyond the
MPR, especially if there are spin-off development from the MPR
o Tim Cullinan : there should be discussion about fence maintenance.
r Amber Penn-Roco: concerned about specificity and enforceability.
o David Sullivan: We may want to consider priority shooting areas too.
o Development Agreement Section 4 regarding the developer's recognition and protection of tribal
treaty rights is not in current County code.
o Access is a big issue for the PGST. Only need access for a few days a year.
Cultural Resources
. County appreciates the comments on cultural resources and the acknowledgement of Skokomish
Tribal rights.
o PGST does not agree with the current proposed plan to manage culural resource, especially how
plan addresses kettles, PGST has said this before. PGST is ok with preservation requirements in
current plan.
Permits
o Roma Call: Are permits still required post Development Agreement?
o Michelle Farfan: yes, some permit applications may require public comments and some don't.
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. Phil Hunsucker: Developer understands there will be need for a wetlands permit for the kettles
either from Army Corps or the State.
Development regulations
o Amber Penn-Roco: Why remove PGST from the Development Regulations? Willcomment on
that.
o Phil Hunsucker: We cannot give up County sovernity or rights. Naming specific tribes does not
belong in code; it belongs in the development agreement at best.
. Amber Penn-Roco: consider including tribalconsultation in the Development Regulations.
. Jeromy Sullivan: Frustrated with Garth Mann, the developer. Mr. Mann promised things to PGST
that he did not deliver on. Jeromy Sullivan never had a discussion with a developer where they
did a 180.
r The public workshop with the County Commissioners and the County Planning Commission will
be held the following Tuesday. A government-to-government consultation with the Skokomish
Tribe was scheduled the next day after this.
o The County thanked the Port Gamble S'Klallam Tribe for making their council members and staff
available for this meeting and thanks were also giving for the delicious lunch.
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