10/03/2008: "Supreme Court Update On CAO Agenda"

The San Juan County Critical Areas Ordinance (CAO) Review Committee scheduled an "update" from Tim Gates of the Washington Department of Community, Trade and Economic Development (CTED), on the recent Washington Supreme Court Decision that brought a halt to the inclusion of the shoreline regulations into CAO regulations.

The CAO committee was told by the Prosecutor at the last CAO meeting that in the light of the Court's ruling, it would be best if the committee limited it's work to the uplands.

Some of the members said it was just a matter of time until they would be asked to deal with shoreline issues, and so they might just as well continue to review and "bank" their recommendations for possible future inclusion into the regulations.

Other members disagreed, and pointed out that the issue of shoreline setbacks were no longer on the table, and that in any case, the committee had been reaching an impasse on shoreline setbacks, so the removal of the issue will allow the committee to get back on track and deal with CAO upland issues.

Planner Shireene Hale said "all of this work we have been doing on shoreline issues and habitats..", and then was interrupted by Councilman Kevin Ranker, who said "will be real handy in 2012."

Ranker was referencing the year that SJC is required to update the county shoreline regulations, which is where, and when, the Supreme Court has ruled shoreline regulations are to be considered.

Given that background, it will be interesting for the CAO committee to hear what Mr. Gates has to convey as to the official stance CTED may have decided to take on what CAO committees should, or should not be considering as they work on CAO issues, now that the Supreme Court has ruled on the issue.
The full CAO Committee agenda follows:

AGENDA
San Juan County CAO Review Committee
August 19, 2008
Islanders Bank Annex, Friday Harbor
8:30 Citizen Input

8:45 Approval of agenda and August 5, 2008 meeting notes

8:50 Update on action to address the requirements of the Anacortes Supreme Court decision -Tim Gates, Washington Dept. of Community, Trade and Economic Development

9:30 Update on CARA ordinance.

9:45 Establish goals for amendments to Critical Areas Ordinance
Step 1: Brainstorming on potential goals
Step 2: Questions/ Answers/ Discussion on proposed goals
Step 3: Select Committee goals for ordinance amendments

10:30 Review “General” sections of April 2008 draft ordinance.

11:45 Citizen Input

12:00 Lunch

1:00 Continue review of “General” sections of draft ordinance.

3:00 Review adopted public participation plan and Council approved funding for public outreach.

3:30 Housekeeping

-Consider changing normal meeting days to 1st Tuesday and 3rd Thursday

-Develop a process and operating procedures for minority reports

-Next steps

-Date ???? -finish review of general sections of April 2008 draft ordinance; review Fish and Wildlife sections pertaining to protection of terrestrial species including requirements for habitat management plans.

-Sept. 23 or 25??? Develop protection strategies for freshwater streams (with Jamie Glasgow from the Wild Fish Conservancy); prioritize recommendations for interim protection of nearshore habitat (from Aug. 5 meeting).

-October ?? -final review, first draft of amendments to General and Fish and Wildlife sections of Critical Areas Ordinance.

-November - public meetings to discuss science summary and first draft amendments to General and Fish and Wildlife sections of the Critical Areas Ordinance (no committee meetings??)

4:00 Evaluation of the day - Did we make progress toward a Critical Areas protection program that meets the requirements of the GMA and is acceptable to the community?

4:15 Citizen Input

4:30 Adjourn