CHAPTER 2

STRUCTURE OF THE PLANNING BODIES

          Stevens County has six permanent bodies with varying degrees of responsibilities in terms of planning and public participation.  They are:

          Stevens County Planning Department

          Planning Council 1

          Planning Council 2

          Planning Council 3

          Stevens County Planning Commission

          Board of County Commissioners, hereinafter referred to as the Board.

          In addition, Stevens County has made provisions for two types of temporary advisory committees.  Technical Advisory Committees to insure technical accuracy in proposed development regulations and Sub-Area Advisory Committees to provide for bottom up planning in Sub-Area Plans.

Although each body and committee play important yet significantly different roles as is explained below, each is equally responsible for ensuring opportunities for public participation which meets the spirit of this policy.

A.  STEVENS COUNTY PLANNING DEPARTMENT

          The Stevens County Planning Department is the county agency with direct responsibility for the implementation and administration of the Growth Management Act requirements.  As such, most proposals and actions will be initiated at the Planning Department level with the assistance of the Citizen Advisory Committees in the visioning process for draft regulations.

B.  CITIZEN ADVISORY COMMITTEES

The term Citizen Advisory Committee (CAC) shall apply to any committee established by the Board as having an advisory role in the planning process.  The extent of the advisory role may vary from committee to committee as defined below.  For the purpose of this Policy the following committees shall be considered CACs:

Technical Advisory Committees

Sub-Area Advisory Committees

Planning Councils

Planning Commission

Membership to the CACs shall represent not only the geographic areas of the County, but also the varied interests of its citizenry. In selecting members to the CACs, the goal shall be to strive to maintain a balanced representation from various groups, such as landowners, agricultural, forestry, mining and business interest, environmental groups, community groups, tribal governments, special districts, and other governmental agencies such as schools, fire districts and utility districts.  Composition of the CAC will vary depending upon the topic of issues being considered.

Eligible applicants to a Planning Council shall consist of residents of the respective Commissioner District and/or such groups as listed above.  Any person wishing to serve as a member of a Sub-Area Advisory Committee shall be a property owner and/or resident of the respective sub-area.

          Any membership opening to a CAC shall be advertised as required in Chapter 5 herein.  Any person wishing to serve as a member shall submit an application to the Board by the established deadline.  Applications for membership to the CACs should include questions concerning the applicants' background such as length of residency in Stevens County, employment, areas of interest, community involvement and why they desire to be a member.  All applications shall be reviewed by the Board and an appointment shall be made by a majority vote of the Board.

1.  PLANNING COUNCILS

          Stevens County is divided into three County Commissioner districts with boundaries established so that the population of each district is roughly equal. District 1 is located in the southeast portion of the county and includes the communities of Suncrest, Tum Tum, Clayton, Ford, Loon Lake, Deer Lake, Waitts Lake, Wellpinit, Springdale and Valley.  District 2 is located in the central and western portions of the county and includes the communities of Chewelah, Kettle Falls, Hunters, Gifford, Cedonia, Rice and Addy.  District 3 is located in the northern portion of the county and includes the communities of Colville, Marcus and Northport. 

          A Planning Council shall be created in each district.  Each Planning Council shall consist of up to 21 members who shall be appointed by the Board.  Initial terms of appointed members shall be staggered.  At the expiration of any member's term, the Board may, in its discretion, reappoint the member for an additional four (4) year term or appoint a new member.

          Each Council shall meet at least quarterly for updates on planning processes or as needed to be informed of the adoption or amendment of a comprehensive plan or its elements, sub-area plans, functional plans, and/or development regulations adopted under the GMA.  Each Planning Council shall provide time at each meeting to allow the property owners within the Council District to bring forward any and all concerns for discussion.  All meetings shall be subject to the provisions of the Open Public Meetings Act, RCW Chapter 42.30.  The meeting shall be conducted as prescribed in adopted by-laws.

          The role of each Planning Council is:

·  To broaden the base of public participation by encouraging the early and continuous involvement of citizens in the planning process by providing information and advising the public of proposals, alternatives, schedules of hearings for oral testimony and deadlines for written comments;

·  To represent the diverse perspectives of Stevens County citizens;

·  To form a dialogue and open discussions among neighbors and provide a means of exchange of information between citizens and local government officials and employees;

·  To provide a broad dissemination of proposals and alternatives by holding meetings in various locations within each district.

          The requirement for the Planning Department to inform and advise the Planning Councils applies only to proposals pertaining to the adoption or amendment of a comprehensive plan or its elements, sub-area plans, functional plans, and/or development regulations adopted under GMA, and does not apply to site specific official controls or development applications. 

The Planning Councils shall conduct workshops as defined in Chapter 6.  Oral comments and suggestions made by the members at the workshops shall be made part of the record.  A summary of the majority and minority positions, written by a council member designated at each meeting, shall be composed and forwarded on as part of the record to the hearing bodies.  Members are also encouraged to submit written comments and/or oral testimony to the respective hearing body and to participate to the fullest extent each member desires in the review and adoption process.  Members are also encouraged to inform and encourage their neighbors and friends to publicly participate.

2.  STEVENS COUNTY PLANNING COMMISSION

          The Stevens County Planning Commission is statutorily created pursuant to the provisions of RCW Chapter 36.70.  It consists of nine members selected by the Board, each of whom serves four year terms and can be re-appointed for successive terms. 

The duties and authority of the Planning Commission are specified in the provisions of Chapter 36.70 RCW. 

They are usually the first public body to hold hearings on any planning proposals, either of a general application throughout the county, or specific site proposals such as formal subdivisions (long plats).  They then make formal recommendations to the Board.

3. TECHNICAL ADVISORY COMMITTEE

The Board, in its discretion and on a case by case basis, may appoint by Resolution a Technical Advisory Committee (TAC) to review and make recommendations on issues dealing with highly technical areas where expertise is needed. 

If the Board authorizes the formation of a new TAC, the Board shall establish a procedure for taking applications and selecting membership to the TAC, including a term of service and a method of reappointment (if any) or replacement of members.  The Board shall also establish rules, procedures and time frames for recommendations by the TAC.

Membership to a TAC shall be based upon specific knowledge that will contribute to the issue.  In the formation of a TAC, the Board will seek to have a variety of interests represented.

The TAC shall follow the requirements of the Washington State Open Public Meetings Act (RCW 42.30).  All meetings shall be open to the public.  The TAC shall publish notice of all meetings, provide for open discussions, provide opportunities for comments, and consider public comments, as provided in Chapters 5-8 herein.  Minutes of all meetings shall be kept for the record.

A Planning Department staff person, or other staff, shall be assigned to the TAC to provide staff support and maintain the record including meeting minutes.  The record shall be available at the Planning Department for review by the public.

The TAC shall not be considered a hearing body, but merely an advisory body to the Board.  The Board shall forward the TAC recommendation to the Planning Councils for consideration and to the Planning Commission for public hearings and recommendations, as provided herein.

4. SUB-AREA ADVISORY COMMITTEE

The Board, in its discretion and on a case by case basis, may appoint by Resolution a Sub-Area Advisory Committee (SAC) to review and make recommendations on issues dealing ONLY with the adoption or amendment of sub-area plans. 

If the Board authorizes the formation of a new SAC, the Board shall establish a procedure for taking applications and selecting membership to the SAC, including a term of service and a method of reappointment (if any) or replacement of members.  The Board shall also establish rules, procedures and time frames for recommendations by the SAC.

The SAC shall follow the requirements of the Washington State Open Public Meetings Act (RCW 42.30).  All meetings shall be open to the public.  The SAC shall publish notice of all meetings, provide for open discussions, provide opportunities for comments, and consider public comments, as provided in Chapters 5-8 herein.  Minutes of all meetings shall be kept for the record.

A Planning Department staff person, or other staff, shall be assigned to the SAC to provide staff support and maintain the record including meeting minutes.  The record shall be available at the Planning Department for review by the public.

The SAC shall not be considered a hearing body, but merely an advisory body to the Board.  The Board shall forward the SAC recommendation to the Planning Councils for consideration and to the Planning Commission for public hearings and recommendations, as provided herein.

C.  BOARD OF COUNTY COMMISSIONERS

          Ultimately, it is the Commissioners who finally decide on the direction and content of documents and regulations that implement the requirements of the Growth Management Act. 

CHAPTER 3

COMMUNICATION PROGRAMS AND INFORMATION SERVICES

          To encourage public involvement, the public must be able to access  information about Stevens County GMA planning and planning issues.  Stevens County will inform the public through various techniques.  The techniques to be used include, but are not limited to the following:

·  Develop and maintain, update periodically, a World Wide Web (Internet) site containing information concerning the local GMA planning process, meeting and hearing notices, minutes of meetings and hearings, documents, drafts or maps.

·  Establish, advertise and maintain a call-in telephone line available toll free throughout the county which announces GMA meetings, hearings and how and where various documents may be obtained or viewed.

·  Videotape workshops and Growth Management Hearings Board hearings and make copies available to interested parties to borrow or purchase.

·  Compile, on an ongoing basis, a list of parties interested in GMA issues.  Names may come from meeting and hearing sign-in sheets, written correspondence, known community groups and specific requests to be included.  The list may be used for special mailings or individual notices as the county determines appropriate to the situation.

·  Compile, on an ongoing basis, a list of public places of interest, such as libraries, post offices, granges, community centers, rural businesses, etc.  The list may be used for special mailings or individual notices as the county determines appropriate to the situation.

·  Issue press releases or media packets as the county deems appropriate to enlist the aid of the media in informing the public of GMA issues, local planning activities, availability of documents, or meeting and hearing dates.

·  Assist individuals or groups in finding staff and officials throughout the state with expertise in GMA issues to make presentations or provide information.

CHAPTER 4

BROAD DISSEMINATION OF PROPOSALS AND ALTERNATIVES

          Proposals, drafts, maps and other documents which are being considered for adoption, amendment or revisions should be readily available and accessible well in advance of opportunities for public discussion.  Supporting documents, reports, environmental reviews should also be readily available and accessible.  Stevens County will ensure the availability of such documents by implementing the following:

-         Proposals or initial preliminary drafts being considered for official county action such as adoption, revision or amendment shall be available 10 days prior to a public meeting or hearing scheduled for public comment or testimony.  They need not be available prior to the conduct of any workshops where the topic is introduced to the body if public comment is not a primary goal but shall be given to the body and available to the public at the time of the workshop.  All recommended changes proposed by the Planning Department to a proposal or preliminary draft shall be disseminated at the earliest convenience.

-         Proposals or preliminary drafts shall be made available as follows:

·        Electronic versions accessible through the World Wide Web Internet site;

·        Electronic versions emailed to the Stevens County Rural Library District for dissemination to all public libraries in the county;

·        Hard copies for check-out or in-office review at the Planning Department and County Commissioners offices;

·        Copies available for the cost of reproduction through the Planning Department;

·        Electronic, when available, or hard copies mailed to those parties contained in the ongoing list of interested parties AND public places of interested established as per Chapter 3.

-         Meeting and hearing notices shall state the availability and location of documents being considered.

CHAPTER 5

EFFECTIVE NOTICE OF PUBLIC WORKSHOPS, MEETINGS & HEARINGS

          Stevens County will exceed the minimum public notice requirements of RCW Chapter 36.70 and RCW Chapter 36.70A so as to provide the public with a variety of means of knowing how and when they may become involved in the public planning processes. 

As specified in RCW 36.70A.035, notice procedures reasonably calculated to provide notice to property owners and other affected and interested individuals, tribes, government agencies, businesses, school districts, and organizations.

The following methods will generally be used.  However, the specifics of a proposal may dictate other or better techniques or combinations of techniques to improve dissemination of notice as may be warranted by the circumstances:

·        Legal notices, as required by applicable statutes, by publishing notice in the official county newspaper and, when available, a newspaper of general circulation in the area where the proposal is located or that will be affected by the proposal;

·        Posting on the Stevens County Planning Department World Wide Website;

·        Announcements on the GMA call-in telephone line;

·        Mailing for posting in all post offices and public libraries serving the county and other identified public places of interest;

·        Media news releases to all newspapers and electronic media within the county;

·        Mailing of notices to interested parties;

·        Posting the property for site-specific proposals;

·        Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;

·        Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and

·        Publishing notice in agency newsletters or sending notice to agency mailing lists, including general lists or lists for specific proposals or subject areas.

·        Paid Advertisements in local newspapers and electronic media within the county.

The identified methods shall be implemented at least ten days prior to the date of a public meeting or hearing.

CHAPTER 6

PROVISIONS FOR OPEN DISCUSSION

A number of techniques shall be utilized by the Planning Department to provide opportunity for open discussion.  They shall include Workshops, Meetings and Hearings, all of which shall be open to the public and shall allow for public participation.  The public shall be encouraged to participate at the earliest opportunity in the planning process.

A.  WORKSHOPS

          Workshops shall be used generally as the first step in the visioning process and discussion of alternatives in the development stage of a new regulation.  Workshop shall also be used as a means of disseminating final draft documents developed by the Planning Commission in meetings as described below. 

Workshops are intended to:

-         Allow for open discussions between the Planning Department, the committee, and the public;

-         Be uses as an opportunity for information gathering purposes by the Planning Department on proposals and alternatives;

-         Educate the committee and the public on required elements and alternatives for compliance with the elements;

-         Allow the committee and the public the opportunity to request clarification of the staff, consultant or agency introducing the topic.

Oral comments and suggestions made by the committee and the public present at the workshop are not considered public testimony, however shall be made part of the record and considered prior to making a final decision. A summary of the majority and minority positions, written by a council member designated at each meeting, shall be composed and forwarded on as part of the record to the hearing bodies.

B.  MEETINGS

Public meetings are intended as more of an open work session on draft regulations.  They shall allow for committee and public present to:

-         Receive information from Planning Department staff, consultant(s) or other governmental or tribal agencies with expertise or interest in a particular topic or issue;

-         Ask questions or request clarification of the staff, consultant or agency introducing the topic;

-         Participate in open discussion of the topic or proposal.

          Generally, these work session meetings shall be conducted by the Planning Commission after the visioning workshops have been adequately performed.  Regularly scheduled public meetings do not normally include public testimony, however oral comments made by the committee and the public shall be made part of the record and considered prior to the hearing body making a final decision. 

C.  HEARINGS

Public hearings shall be conducted by the two Hearing Bodies, the Planning Commission and the Board of County Commissioners, after adequate workshops and meetings have been executed. 

Hearings shall include opportunities, as deemed appropriate by the hearing body and as the issue and circumstances allow, for oral public comment and testimony on the proposal being considered.  The hearing body shall encourage and solicit public opinions, reactions or suggestions and provide for open discussion. 

Two kinds of hearing may be conducted.  Quasi-judicial and legislative.  Quasi-judicial actions are those which determine the legal rights, duties, or privileges of specific parties in a hearing or other contested case proceeding. Quasi-judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of area-wide significance.

D.  CONDUCT OF WORKSHOPS, MEETINGS AND HEARINGS TO PROVIDE FOR EQUAL OPPORTUNITIES

          Workshops, meetings and hearings shall be conducted by the facilitator, chair or their designee in an orderly fashion to ensure that all attendees have equal opportunity to participate.  The chair or facilitator shall provide introductory remarks outlining the purpose of the workshop, meeting or hearing and describing how the attendees can best participate and how their input may be used.  Specific factors such as the issue being considered, the size of the attendance, time limitations, or other opportunities to participate may suggest appropriate constraints.  Rules of order for the workshop, meeting or hearing should be set forth clearly by the chair or facilitator prior to the opportunities for public participation. 

The facilitator, staff, consultant or agency introducing the subject shall provide that a brief overview of any documents or proposals to be considered.  Questions, comments and/or testimony may be taken during the overview or, if deemed appropriate, may be requested to be held till the end of the overview.

An optional sign-in shall be provided and those in attendance shall be asked to sign in for the record.  For purposes of providing an accurate record of hearings, all persons who wish to testify or comment at the hearing shall be requested to identify themselves orally and on the sign-in.

All workshops, meetings and hearings shall be tape-recorded.  Minutes and/or summaries shall be prepared for the record and be made available as soon as possible following the meeting. 

The following general Hearing procedure has been adopted:

CHAPTER 7

OPPORTUNITIES FOR WRITTEN TESTIMONY OR COMMENT

          At all appropriate stages of the planning process written comment and testimony will be encouraged.  In order to accurately prepare and preserve the entire record of proceedings relative to a proposal, Stevens County will provide notice of the person to whom written comment or testimony should be sent and deadlines for submitting written comment or testimony.  This information will be included in the notices prepared pursuant to Chapter 5 above.  The deadline for submitting written comment or testimony following the closure of a public hearing, if allowed, should be clearly announced by the chair or facilitator of the hearing at both the beginning of the hearing and the close of the hearing.

          Coherent and concise written comment and testimony is encouraged.  Written questions to staff or members of the planning bodies is discouraged because of the lack of time and resources to respond.  Detailed reference to specific sections, paragraphs or words is encouraged.  Clear and precise suggestions for specific wording changes is encouraged. 

          The use of electronic communication technologies such as email and document file attachments to email messages will be studied and explored as well as other innovative technologies to decrease the expense and time delays often associated with traditional mailed written documents. 

CHAPTER 8

CONSIDERATION OF AND RESPONSE TO PUBLIC COMMENTS

          The Planning Department shall review all written and oral comments received and may respond to the comment in writing or verbally during the public discussion.  After consideration of and as a result of the public comments, the Planning Department may also recommend to the hearing body to accept changes to the draft regulation or may recommend that the draft regulation stand as written.

          Following the close of any public hearing, time will be allowed for the hearing body members to review the record and all relevant public comment and testimony prior to making a final decision.  The hearing body is not required to agree with any or all of the public comment or testimony received.

After consideration of and as a result of the public comments and the Planning Department recommendations, the hearing body may adopt or recommend adoption the draft regulation as:

-         Originally written;

-         Amended by the Planning Department in its recommended changes; or

-         Amended by the Hearing Body.

The hearing body is encouraged to orally address pubic comments in public hearings and make oral findings of facts to support the decision.  Finding of facts should include the following components:  Objective Facts, Subjective Facts, and, if available, the Supportive Regulation.  Objective Facts are those which do not require a value judgment to discern.  Subjective Facts are the conclusions and are those facts developed by the hearing body as a result of the Objective Facts.  Examples:

The hearing body may schedule a subsequent public meeting or re-open the hearing for the purpose of orally addressing public comments.  The hearing body may respond in general to relevant issues raised through public comment or in as much detail as the hearing body deems appropriate as they deem the circumstances warrant.  If the hearing body orally addresses public comment or testimony, the public may be provided with an opportunity before the close of the hearing to request a response to any relevant comment or testimony not previously addressed provided no new testimony is given.

          In those instances where a written decision or recommendation is required or a written document is adopted by the county, relevant public comments shall be addressed through the findings portion of the written decision, recommendation or resolution.

CHAPTER 9

AMENDMENTS TO PLANS AND REGULATIONS

          The Central Puget Sound Growth Management Hearings Board has published the following table outlining public participation requirements for various situations[4].  Stevens County adopts this table as an element of its public participation policy:

GMA REQUIREMENTS FOR PUBLIC PARTICIPATION ON AMENDMENTS