Orcas to Council: support Rec program, mind the rabbits, curb street vendors

Gary Franco of Madrona Farms at his produce stand in Eastsound.

The San Juan County Council quickly progressed through its agenda at the June 22 meeting on Orcas Island, while hearing from the public about the Orcas Recreation Program (its county funding scheduled to be completely cut), an infestation of rabbits, and the latest version of an ordinance to regulate street vendors.

The Turtleback Mountain Management plan was also aired by Ruthie Dougherty, Land Bank Steward; and the Eastsound Planning Review Committee (EPRC) reported to the Council on its work plan. The Council decided to  revisit the $3,000 it had pledged to subsidize the Orcas Island Farmer’s Market at its July 1 budget meeting.

The full council met at the American Legion Post on Crescent Beach Road form 10:30 a.m. to 2:30 p.m.

During the public comment period, Tony Ghazel, Orcas businessman, parent, and member of the school board, spoke on behalf of the Orcas Island Recreation Program. The program’s funding was cut from $16,000 to $10,000 at the beginning of this year, and now is slated to be eliminated entirely.

Ghazel pointed out that the Rec Program and Senior Services are the only county social services that are made available to Orcas Islanders. “Relatively speaking, it’s such a small amount and it touches so many kids,” Ghazel said.

Kevin O’Brien, EMT/firefighter and Orcas parent asked the council to maintain the “excellent programs Orcas Rec offers all kids, especially kids at risk.”

Gardener Sadie Bailey came to the council meeting to alert the council tof the growing rabbit problem on Orcas Island.

Michael Baker, who serves on the county’s Veterans Advisory Board, said that “the wild rabbit population is nicely controlled by wild owls.”

Bailey urged that the county start an education program on the effects of feeding wildlife, and the negative consequences of releasing domestic rabbits into the wild.

Council member Howie Rosenfeld said that the council is often criticized for being too involved in people’s ordinary lives and  added, “I don’t think people should rely on government to handle [the rabbit problem.]”

County Prosecuting Attorney Randy Gaylord read the most recent draft of the county ordinance to regulate street vending in Eastsound.  Gaylord said that, under the proposed ordinance, a public use permit for “street vending” would be limited to six months and would cost $25 per day. The permit application should include a site plan showing the proposed location, a list of goods to be offered for sale, and the consent of all adjoining property owners.

Persons exempt from the requirement to obtain a use permit would be newspaper carriers, peddlers and transient vendors who carry their goods door to door, charitable, fraternal or religious non profits, farmers, gardeners and others who grow their own produce and persons authorized to sell items at the Eastsound Farmers Market.

All vendors, including those exempt from the use permit are required to:

1)  assure that the vending space doesn’t reduce or obstruct pedestrian passage on the sidewalk to less than four feet to the nearest street, trees, utility poles, traffic control signs, etc.;

2)  refrain from occupying parking spaces on county property reserved for vehicular traffic or parking;

3)  refrain from soliciting or conducting business with people in motor vehicle;

4)  refrain from leaving any portion of the vending unit unattended, or remaining on public property between midnight and 6 a.m.

Members of the public in attendance spoke to the proposed ordinance, including Gary Franco of Madrona Farms, a street vendor from Lopez Island who has been a produce vendor in Eastsound since1977. In recent years, Franco has operated a produce stand at the intersection of Main Street and North Beach Road in Eastsound.

Council Member Bob Myhr suggested that the references in the ordinance to “Eastsound” be revised to apply to “any UGAs or villages” in the county.

Council Member Lovell Pratt suggested that it be specified that the consent of property owners required by the permit be written. She also inquired as to the costs of implementation and enforcement.

Bob Connell of the Eastsound Planning Review Committee (EPRC) suggested that non-compete provisions be written into the ordinance. Patty Miller of the EPRC said that it may be difficult to administer the $25 per day fee, and suggested a month-long charge may be easier to enforce.

Audrey Miller of the EPRC suggested that the four-foot clearance proposed in the restrictions part of the ordinance be reconsidered for adequacy, and that the location should be determined so as to prevent interference with street or foot traffic.

Moreland also questioned where an ice-cream truck peddler would fit into the ordinance.

Gulliver Rankin, EPRC Chair asked that some certification process be implemented to assure that the farming operations are local.

Terry O’Neill of Deer Harbor suggested that public display of the use permit be required.

Lance Evans, Executive Director of the Chamber of Commerce, said that while the Chamber Board felt that “street vending should be … limited to private property,” that the Chamber would “obviously work with the Council” on the ordinance.

He said that his personal thoughts were that the size of a vendor’s stand should be considered, that protection of nearby plants and shrubbery should be considered, and that persons exempt from obtaining a permit may still need to notify the county of their plans, perhaps through a registration system.

Franco spoke at some length to the council, saying that he had never had trouble with the police or law enforcement, but that the effect of the ordinance would be to “shut down my legitimate business at that corner.”

Franco cited state law which prohibits restrictions on farmers selling their produce to the public and said “there is a demand [for his produce] by people who live in this community.”

Council member Howie Rosenfeld said that street vendors were “a quaint tradition that is trying to be addressed through this ordinance… it might be a temporary way of preserving a town’s character, ” but the likelihood was that in the future the ordinance will be abused and restrictions will have to be tightened.

Council members Rich Peterson and Gene Knapp advised Franco to submit his comments in writing and the council unanimously directed Gaylord to amend the ordinance as suggested by the public comments.

When asked for a timeline, Gaylord said that a summary of the ordinance will be prepared for publication on July 1, that a public hearing would be held on July 14, at which time the ordinance could be adopted, to take effect 10 days later.

Eastsound Planning Review Committee

The Eastsound Planning Review Committee (EPRC) updated the Council on its progress towards the five priorities it established earlier this year:

1) Advance plans for use of the Mount Property in Eastsound;

2) Restore public access to Madrona Point;

3) Complete the Streetscape Plan;

4) Evaluate the section of the Eastsound subarea plan that defines timing and payment for street and curb improvements;

5) Evaluate the County’s housing element, to be incorporated into County law this year.

To promote the EPRC’s work, a “Town Crier” has been employed to appear at the Orcas Island Farmer’s Market on consecutive Saturdays, June 20 and 27.

EPRC Chair Gulliver Rankin gave a brief history of the Eastsound Sub-Area plan and the EPRC’s 2009 work plan. He announced a meeting on July 2 at the Eatsound Village Green to report to the public on EPRC’s progress towards implementing its goals.

EPRC Member Patty Miller reviewed the progress made and obstacles faced by  the EPRC  in recent years. Rankin described the next steps to update the work plan at EPRC meetings in the summer and fall.

Orcas Island Farmers Market

The County Council voted earlier this year to authorize $3,000 in subsidy of the Orcas Island Farmers Market, which faced a $7,600 rental fee from the County Parks Department for use of the Eastsound Village Green on Saturdays throughout the summer.

Since the Council’s vote, the Farmers Market has been certified as a 501(c)3 non-profit, eligible for $100/day reduction in fees. Also, due to the Village Green’s unavailability in May, three days’ usage was deducted from the fee. The result is  a $2,55o reduction in fees due for the Farmers Market.

The Council discussed whether to “re-authorize” the $3,000 voted upon earlier, or whether to consider the $2,550 as the funds originally authorized.

It was brought out in the discussion that the $933,000 in budget reductions proposed by County Auditor Milene Henley, which the Council will vote on July 1, does not account for the $3,000 originally authorized by the Council for the Farmers Market.

It was also stated that the Orcas Island Farmers Market is the only one in the county that has to pay a fee for the land on which it operates.

Myhr proposed that the $3,000 be added into the budget discussion on July 1, to be held in Council Chambers in Friday Harbor.

Note: Discussion of Turtleback Mountain Management Plan will be posted in a separate article.