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HomeMy WebLinkAboutPublic Works August 6 20131P1 WHATCOM COUNTY COUNCIL 20 Public Works, Health, and Safety Committee 30 40 August 6, 2013 5P1 60 CALL TO ORDER 7P1 8M Committee Chair Barbara Brenner called the meeting to order at 12:00 p.m. in the 91a Council Chambers, 311 Grand Avenue, Bellingham, Washington. 10PI 11r?] 121a ROLL CALL 13P] 140 (12:00:33 PM) 15r?] 16M Present: Barbara Brenner, Ken Mann and Pete Kremen. 17M Absent: None. 18M Also Present: Kathy Kershner, Bill Knutzen and Sam Crawford. 19r?] 200 21M COMMITTEE DISCUSSION 22P] 230 1. DISCUSSION WITH WHATCOM COUNTY PROSECUTING ATTORNEY DAVID 24M MCEACHRAN AND PLANNING AND DEVELOPMENT SERVICES STAFF ON 25M PROTOCOL FOR ZONING AND PERMITTING MARIJUANA GROW OPERATIONS 260 (AB2013 -279) 27P] 28M Dave McEachran, Prosecuting Attorney, gave a staff report and stated the Liquor 290 Control Board will finalize the regulations in December and will take applications September 30M 16 for 30 days for those who want to be licensed for growing, processing, or retailing. The 31M County has received a number of requests about how to actually grow marijuana in 32M Whatcom County pursuant to the law. He's met with Planning staff to talk about how to 33M approach this. The policy to adopt is one that is similar to other crops. The County will 340 allow growth in an agricultural area and use all policies and procedures related to 35M agriculture. Planning staff will tell him about the request. The Executive also feels this is 36M the approach to take. 370 38M Brenner asked the deadlines. McEachran stated the rules have been sent out under 39M the Washington Administrative Code (WAC) related to security, how to grow, licenses, and 400 other topics. The rules indicate that the use cannot be located close to schools and other 41M areas. The regulations were sent out for comment and will be finalized. In the meantime, 42M they will accept applications for growing, processing, and retailing during the application 430 window beginning September 16. The Liquor Control Board has not indicated how many 44M licenses they will issue. The number of licenses may depend on the county and how many 4517 retail outlets there should be based on population. Once licensed, people will be able to go 460 forward beginning in December. 47P] 4817 Brenner asked if State liquor stores were limited to the population size of the 490 County. McEachran stated he doesn't know. 50M 511a Mann stated he likes the concept of relating it to other agricultural requirements for 52M growing and commercial zones for retail. He asked about growing in the rural zone for Public Works, Health, and Safety Committee, 8/6/2013, Page 1 1E personal use. McEachran stated anyone growing for personal use also has to be licensed. 20 One can't legally grow for personal use. 30 40 Mann stated that a licensed commercial grower should be in an agriculture or 5M industrial zone. Growing for home use would be okay in a rural, one unit per five or ten 60 acres (R5A or R10A) zone. The code language to sort that out will be interesting. 71M McEachran stated that's correct, as long as the growers are licensed. 8F?1 91a Kremen asked if there has been a resolution about conflict with the U.S. Attorney 10E General's office. McEachran stated there has not been. The activity is illegal under the 11M federal law. The medical marijuana law has not changed. Both medical and recreational 12M systems are illegal according to the federal government. 13F?] 140 Kremen asked if it's prudent to move forward before that issue is resolved. 151M McEachran stated that's up to the Council. He must enforce State laws. He recognizes the 16M conflict with federal law. Whether or not the County is involved is a policy issue. The State 170 will want the County to enforce against any illegal growers to protect its tax revenue. 18F?] 19M Kremen stated it would be prudent for the Council to get an opinion from Mr. 200 McEachran of whether or not they should move forward so they don't conflict with federal 21M law. McEachran stated the State is in conflict with federal law right now. His job as a State 22M officer is to enforce the State law. 230 24M Kremen asked the potential liability if the federal government objected or disallowed 250 the County's actions. McEachran stated there could be penalties. They are able to no 260 longer issue any federal grants to the State. There are many other tools the federal 27M government could use. There hasn't been any indication that would occur. However, it is a 281N statewide issue, and probably wouldn't be against the County specifically. There are 290 certainly security ramifications, but it's State law. 30F?] 310 Brenner stated the conflict has always been there. The voters have spoken. Make 32M something work. 33F?1 340 Knutzen stated it's difficult for medical growers to get permits. He asked if they 35M have considered the planning effects of hydroponic growing operations. McEachran stated 36M Planning Department will have to look at that question. The Liquor Control Board will 370 decide on the number of licensees. 38F?1 39M Crawford asked when the State stops taking applications. McEachran stated the 400 application period is 30 days, starting September 16. The application has to indicate the 41M location of the operation. In December, the licenses would be granted or denied. 421?1 430 Crawford asked if an applicant has to look at State laws to make sure the parcel and 44M other factors meet the State requirements and also look at County law and existing rules for 4517 agriculture. McEachran stated that's correct. 460 47M Crawford asked if they are vested once they apply. McEachran stated that will have 4817 to be determined. Applicants have to comply with State regulations and also County 490 regulations, and must also have a license. All those things are up in the air. 50M 511a Crawford asked if an applicant is gambling on being able to meet State 52M requirements, County requirements, and get a license within the 30 day window. 53M McEachran stated that's correct. Public Works, Health, and Safety Committee, 8/6/2013, Page 2 1F?l 20 Jack Louws, County Executive, stated that if someone wants to build an agricultural 30 building for agricultural purposes, the County will process the permit but not guarantee that 41M the grower has the proper licensing to grow marijuana. If someone wants to remodel a 51N location in a commercial zone to be a pharmacy, they will allow that but will not guarantee 6M that the operator can get a State license. Don't allow the County to get in the middle of the 7M State permitting process. Make sure that from a building application standpoint, what 81N applicants are trying to build is consistent with the zoning, fire code, and other building 91a regulations. They aren't going to deny someone an agricultural building permit in an 101M agricultural zone. 11F?l 121a Mann asked about other zones, such as in the urban growth area (UGA). 13F?1 140 Tyler Schroeder, Planning and Development Services Department, stated they have 15M to look at the specific zone. Agriculture is allowed in agriculture and rural zones, but not in 16M some urban growth areas. It's about the activity, such as agriculture or retail, not the 170 commodity, such as marijuana or another product. Staff will look at it as an agriculture 18M use. If the zone allows agriculture use, there would be an allowance. 19P] 200 Mann asked for a list of the zones where agriculture is allowed. Schroeder stated 21M they have that information. Staff are preparing maps that show zones that allow for 22M agriculture use, which include all the rural zones and the agriculture zone. They are also 230 preparing maps that indicate the same for commercial zones for retail use, and maps 24M showing areas where the marijuana grow and retail use are not allowed per State law. 251?1 260 Brenner asked if the agricultural zone allows retail if it's related to agriculture. 271N Schroeder stated they are looking into it. The State may allow one or two of the three 28E options, but one can't do all three on the same property, per the Liquor Control Board. 290 That's possible for snow peas and berries, but not for marijuana. 30F?] 310 Kremen asked if that's so the State can realize maximum revenue. McEachran 32M stated he doesn't know. 33F?1 340 Kremen asked if someone can grow inside the house for personal use. McEachran 35M stated it would be illegal. 361?1 370 Jake Lamont stated he's been following this issue with others. The Liquor Control 38M Board will allow a combination of producer and processor licenses. Regarding the federal 39M stance, federal shut downs of existing operations were a result of long -term investigations. 400 The federal government hasn't touched anything in Colorado and won't want to waste their 41M time on this. As long as everything is done to the law of the State, the federal government 42M really isn't concerned. There is a lot of security required by the laws. Every bit of marijuana 430 needs to be accounted for. He's available for questions. 44(] 4517 Jackie Pettit stated recreational marijuana laws are different from medical marijuana 460 laws. If someone has a medical prescription and follows the rules, they can grow for their 47M own prescriptive use. There is a lot of conflict about it. The State wants the triple tax on 48M everything, but prescriptions are not taxed. They are dealing with two different things. The 490 medical marijuana law is completely separate. The medical marijuana regulations were 50M worked out the first few years of the law. Regarding zoning, they may be talking to 511] someone who already has a facility according to medical marijuana law. Don't retroactively 52M zone them out of it. There is no way to grandfather the current medical providers because 53M they didn't have to register. Public Works, Health, and Safety Committee, 8/6/2013, Page 3 1r?] 20 2. DISCUSSION REGARDING ONGOING ISSUES ASSOCIATED WITH TUBING ON 30 THE SOUTH FORK OF THE NOOKSACK RIVER (AB2013 -236) (12 :39:09 PM) 40 5M Jack Louws, County Executive, stated he met with members of the Sheriff's Office, 60 Parks Department, and Public Works Department to talk about activity in the Acme Valley. 71M He sent a memo with three options. He described option one. 8F?1 91a Option two is his preferred option, which includes increased law enforcement and 101M signage. Don't invest in additional parking or infrastructure. If directed, he will see if they 111M can provide more effective signage next summer. 12P] 131M Option three is to shut down inner - tubing. It's not a practical option. The river is a 140 navigable water. From his perspective, there is little the County can do without being in 15M conflict with State law once people are on the river. 16F?1 170 Successful enforcement requires law enforcement presence. The Sheriff has placed 18M emphasis patrols on the river. With new signage and dedicated money, they will be able to 191M control the problem people and make it a bit more pleasant for the residents of the valley. 200 For now, install additional signage and emphasis patrols and see if they can get things 21M under control. 22P] 230 Kremen asked for a budget for the preferred option two with more signage and 24M emphasis patrols. Louws stated he is developing a budget amendment for September in the 25M amount of $25,000 to $30,000 per year. They are talking about staffing this surge capacity 260 in the summer. Deputies will be able to sign up for some extra duty for the emphasis 271M patrol. 28P] 290 Knutzen asked how they banned inner - tubing upriver. Louws stated there is a ban, 30M but it's not enforceable. 310 32M Knutzen stated he's been to the area since there have been extra deputies. The 331M community appreciates the extra enforcement. The traffic on Strand Road was very 340 congested. He witnessed trespassing and many other instances of illegal activity. He 35M agrees with option two, with the understanding that something else more restrictive must 36M happen if they don't control the situation. Louws stated the key to success is law 370 enforcement, whichever option is chosen. 38P] 391] Mann stated he supports $30,000 for option two. He is happy to make any kind of 400 progress. Start there and see if it is effective. 41l] 42M Brenner stated she also supports option two. 430 44M Kremen stated an outright ban could include fines that are enough to cover the cost 451] of enforcement. That would minimize the use in that area. Louws stated that is probably 460 the next option if this option doesn't work. This issue has been around for many years. 47l] 481] Bill Elfo, Sheriff, gave a staff report on the recent law enforcement patrols in the 490 area. Extra patrols were from July 20 to August 4, and they issued 122 warnings, 60 50M notices of infraction, four driving under the influence (DUI) arrests, five trespassing arrests, 511] and one lewd contact arrest. Additional trespassers were cited. Those using the river are 52M becoming aware of increased enforcement and are beginning to change, but the problem Public Works, Health, and Safety Committee, 8/6/2013, Page 4 1E continues. He will continue efforts through the summer, evaluate progress, and adjust 20 strategies if necessary. 30 40 Brenner stated it's a major recreational area. The Council allocates money for all 5M kinds of recreational things. She asked what happens if people don't pay their infractions. 60 Elfo stated they could be issued a warrant or it could go to collections. 7P1 8P1 Mann asked a landowner's legal rights if a carload of drunks show up on private 91a property and threaten to fight. Elfo stated one would have a right to defend him or herself, 101M but it would be most prudent to call 9 -1 -1. In this case, the threats occurred from the 11M roadway, and the people were not on the property. 12P] 131M Brenner asked if the Sheriff is able to issue citations from pictures on the internet. 140 Elfo stated the pictures would be a lead, but nothing has led them to the identification of 15M people who are responsible. 16r?] 170 Crawford asked if this activity is sporadic and random in the summer. Some of the 18M pictures on the website appear to be a crowd of many people in one location, and it seems 19M organized, not 100 random people who just happen to show up. He asked if there are 200 specific people who are creating this atmosphere. Elfo stated most people are there to 21M enjoy the weather, but some people are prone to problems. The Western Front has 22M promoted this location. Timing is sporadic and weather - driven. 230 24M Crawford asked if drinking is legal on the river. Elfo stated drinking anywhere in 25M public is illegal per State law. 260 27M Susan Sebastian stated she thanks the County for realizing the problem. She must 28E pick up garbage and hears foul language as tubers float by. The law enforcement presence 290 has made an impact. She would like the Council to consider providing outhouses or 30M garbage receptacles so the garbage doesn't end up in the river. The ban on the upper river 310 is because the federal government has taken on enforcement. 32P] 33M Brenner asked about providing litter containers and portable restrooms in the 340 summer. Louws stated they talked about it. He hasn't committed to it because he hasn't 35M identified a funding stream yet. He may have some ideas for that. They've had problems 36M with portable restrooms in the past in other locations. The County will have to invest in 370 concrete pads so they aren't tipped over. There must be ongoing funding. 38P] 39M Crawford asked about providing parking. Louws stated the Public Works Department 400 owns property that they are using for limited parking. If they expand the parking, it will 41M take an investment of money to make it work. It's now open and being used. It could have 42M a portable restroom. There is a new park up the road. The most parking there is 30 spots, 430 and it is some distance from the river access, so it's not practical. He understands the 44M residents want the garbage bins and portable restrooms. They will analyze that option. 451a 460 Kremen stated it's prudent to have refuse receptacles in the area. Portable 47M restrooms will enable and create an environment that will attract people to use the area 481a even more. If that's the goal, then so be it. However, people can't relieve themselves 490 anywhere. It's a problem either way. Portable restrooms aren't as expensive as they may 50M think. Louws stated he would like to give this option a try. They will continue to do what 51M they can. 52F71 Public Works, Health, and Safety Committee, 8/6/2013, Page 5 1m Jeff Wilson stated he's thankful they're talking about that and for the increased 20 patrols. The deputies are really watching people. Now there is no education to help people 30 understand they are on private property. People in the community haven't done anything 41M to create some education. Don't ban people from the river. The community could develop 5M a group of people during the summer to help educate people on the river. 60 71M Lisa Nielsen Ostema stated it's scary to cross the Potter Road bridge on the 8M weekends. The Sheriff could cite up to ten DUI's per day at the end of Potter Road. Make 91a people understand they will get arrested. It's scary. 10PI 11m Jeff Margolis stated he sent an email this morning. Have bathrooms, garbage, and 121a Sheriff patrol. They can't close it down. A police presence is necessary in recreational 131M areas like this. Private organizations can invest in tourism and recreation. He prefers that 140 the County fund someone to coordinate the pertinent agencies with Whatcom County parks. 15r?] 161M Louws stated he will proceed with option two, which is increased enforcement and 17M signage. He will talk to landowners about no trespassing signs. Make it known the County 18M is serious about enforcing against bad behavior. If it remains a problem, they will revisit 191M the issue next year. If that doesn't work, he will pursue closing it down. 200 21M Elfo stated the Sheriff's Office has zero tolerance for DUI. Other offences such as 221M littering and trespassing is gradually increasing. They started with education campaigns 230 and will become more strict. 24P] 25M 3. DISCUSSION WITH SHERIFF BILL ELFO ON GANG RELATED ACTIVITIES IN 260 WHATCOM COUNTY (AB2013 -278) (1:17:00 PM) 27F?1 28M Bill Elfo, Sheriff, gave a staff report and described strategies to eradicate gang crime. 290 The amount of gang activity was expanding. Gang members were migrating from Yakima, 3017 California, and Chicago. They developed a strategy to address gang issues, including 310 identifying gangs and gang members. There are now 31 criminal gangs in Whatcom County 32M and they have identified 980 gang members and associate gang members. 33F?1 340 The criminal interdiction team works on gang issues and has had a phenomenal 35M record in arresting career criminals. They work with other agencies to roundup wanted 36M gang members and send a message that county law enforcement agencies are serious. The 370 program has been successful. The Northwest Regional Drug Task Force grant now includes 38M gangs. Neighborhood deputies are assigned in three areas in the county, including east 39M county, Birch Bay, and Sudden Valley /Lake Samish. This program may not be viable long - 400 term. They regularly assign resources to events where they have cause to believe gang 41M members may endanger the public, such as the Northwest Washington Fair and other local 42M events. 430 44M The flow of people into the county has slowed. Law enforcement is better prepared 45M to stay on top of the problem and focus on gangs and gang members. Word is getting out 460 that they are serious about this problem. The biggest challenge is resources. The Sheriff's 47M Office is down three positions and resources directed to this effort have been compromised. 4817 490 Mann asked why it's hard to keep someone who is continually arrested in prison. 50M Elfo stated the State legislature balances its prison budget by sending people to county jails 51M or reducing state penalties. That is the subject of a separate presentation. He's glad the 52M U.S. attorney is taking these cases seriously. The State is unwilling to allocate resources to Public Works, Health, and Safety Committee, 8/6/2013, Page 6 1(] 20 3(] 4M 51] 60 7(] 81] 91] 101a 11m 121a 131] 14M 151a 16M 17M 181a 19M 200 211] 22M 230 241] 25M 260 27F?1 281] 290 301a 310 32F?1 331a 340 351N 36(] 370 38F?1 39M 400 411J 42F?] 430 441] 451a 460 47(J 481a 490 501] 510 52(J 53M keep them in prison and isolate them from the community and from committing further harm. Knutzen asked how resource reductions would affect the program and what they will do this year at the Fair. Elfo stated they will continue to work the Fair. It's a high priority. The Fair is supplementing the cost of the staff overtime. Under Council guidelines, they can't exceed 2012 spending limits. Now they're funding a collective bargaining agreement that will add $580,000 to $620,000. That can only equate to positions. They don't have the budget to keep everything whole. Top priority is responding to 9 -1 -1 calls. They need to keep the criminal interdiction team in place and the drug /gang task force team in place. They are looking at reductions that have the least impact on citizens. Potential effects from the sequester have been resolved temporarily. They still have Stonegarden money for border - related law enforcement. He can't predict future funding. Kremen stated that if a criminal jail sentence is less than one year, the State doesn't have to incarcerate the inmate, who ends up in county jails. The State is about to release thousands of inmates who will wind up in communities. It adds an extra burden to the local systems. Elfo stated that in addition to that, the State is not supervising them under the traditional parole or community corrections. The State is just turning them loose. The likelihood of reoffending is much higher. Spencer Kope, Crime Analyst, submitted and read from a presentation (on file). The statistics are just for unincorporated Whatcom County, and don't include the cities or other law enforcement jurisdictions. He described how law enforcement identifies gang members, the different gangs in Whatcom County and their signs and symbols, incidents of violent criminal gang activity, and how they are addressing the gang problem. Mann asked how effective a gang sweep is when these guys are going to jail many times. It seems it's just business as usual. Kope stated some of the benefit is psychological, especially on the neighborhood. In some cases, the warrants are serious offenses. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 2:01 p.m. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Clerk of the Council Barbara Brenner, Committee Chair - Minutes Transcription Public Works, Health, and Safety Committee, 8/6/2013, Page 7