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HomeMy WebLinkAbout040411_cbs02 District No.1 Commissioner: Phil Johnson District No.2 Commissioner: David W. Sullivan District No.3 Commissioner: John Austin County Administrator: Philip Morley Clerk of the Board: Lorna Delaney MINUTES Week of March 7,2011 ,c;.i.' " Ib" . .... "-' /Ji' , / .,., ., /1 /Ii.i , ''<of / u/ "',-: </li;j:;/! " Commissioner David Sullivan, in the absence of Chairman John Austin, called the meeting to order at the appointed time in the presence of Commissioner Phil Johnson. Chairman Austin is attending the National Association of Counties Conference in Washington DC this week. PUBliC COMMENT PERIOD: The following comments were made by citizens in attendance at the meeting and reflect their personal opinions: . The Brinnon Motel is not operating and is impacting other businesses such as restaurants that have had to layoff staff. The County was urged to put out the RFP for the operation of the motel as soon as possible. . The DOE is wrong in not allowing the County to place a ban on net pens. Whatcom County passed their SMP with a net pen ban. . Net pens canse a stressed environment on the sea bottom where they are placed. . A member of the Committee that worked on the LASMP reported that the committee all agreed that net pens should be banned in Jefferson County and since Whatcom County has banned them it doesn't make sense that DOE won't allow Jefferson County the same ban. . Mitigation will not contain or stop the pollution that is caused by net pens and they should be banned. . A representative of the Jefferson County Sportsmen's Association invited the Board and the Public to the "First Shots Event" which is an introduction to shooting sports on March 26, 2011 at 10 a.m. . The State had no idea of the impact of fish farms on the environment when the Shoreline Management Act was adopted and the Board was encouraged to insist that the language of the SMP not allow fish farms. . The people making comments on the SMP today should be told that if the Board doesn't have a hearing on the SMP they won't be able to consider the comments. A suggestion was made that the Board confer with their legal counsel about the content allowed in this comment period. . Fuel costs $9/gallon in England and the price of gas keeps rising here and may be $4/gallon by the tourist season which will drastically effect the tourist trade here. . A man that works for a company that grows salmon in Washington State took issue with comments about foreign ownership of net pen businesses because they provide jobs in this country. All of the issues on net pen aquaculture were reviewed several years ago and it was found that the risks are not great. APPROVAL AND ADOPTION OF CONSENT AGENDA: Commissioner Johnson moved to approve all of the items as presented. Commissioner SJJ1Jivan seconded the motion which carried by a unanimous vote.. ,', ;c,\\ \ '- \) ; ..,3\" \'(,~ \S, '~ \S\'l v' Pagel) , Commissioners Meeting Minutes: Week of March 7, 2011 D TZ /\ f'r ~"."";^ \:~~J~I ,,-~ I. AGREEMENT: Water Resource Inventory Area (WRIA) 17 Water Availability, Supply and Demand Assessment; In the Amount of$5,493.96; Jefferson County Public Health; Public Utility District (PUD) #1 2. Advisory Board Appointment: Jefferson County Marine Resources Committee, Representing Recreational- Boater; Term Expires March 7, 2015; Shelby Smith 3. Payment of Jefferson County VoucherslWarrants Dated February 28,2011 Totaling $199,048.95 COMMISSIONERS BRIEFING SESSION: The Commissioners each provided updates on the following items: Chairman Austin is in Washington DC representing the County at the National Association of Counties meeting. The trip costs are paid through a federal grant. Commissioner Johnson noted that there is a federal legislative proposal to appoint a group of agriculture representatives to develop a new agriculture program. The gravel extraction tax legislation has not moved out of the Ways and Means Committee. The septic system repair loan program is waiting for capital funding of$1.5 million from the State. Commissioner Sullivan reported that he was on a conference call with the Coastal Counties ferry caucus last week A letter and a number of bills have gone forward to the legislature about the ferry system. There doesn't seem to be support for a separate ferry district at this time. Philip Morlev noted that the County will be issuing an RFP for the Brinnon Motel in the near future. INTERLOCAL AGREEMENT and AGREEMENT for PURCHASE; E-9II EMERGENCY DISPATCH EQUIPMENT: Philip Morley explained that this is part of the JeffCom E-911 computer aided dispatch system update. Two years ago a consulting company did a review of the needs of JefiCom and the interoperability with neighboring dispatch centers. The New World Systems CAD was chosen and NorCom, the dispatch agency for King County, has gone through a procurement process for this system. These items have been reviewed by legal counsel and the JeffCom Administrative Board who recommend approval. Commissioner Johnson moved to approve the following as presented: I) Interlocal Agreement for the Acquisition of CAD Technology; NorCom and 2) Standard Software License and Services; New World Systems. Commissioner Sullivan seconded the motion which carried. BID OPENING: Publication of County Legal Notices: Philip Morley explained that the contract for publication of legal notices is done on an annual basis per the RCW and after the bid opening the Clerk of the Board will do some analysis to compare the bids received and make a recommendation for bid award at a subsequent meeting. The following bids were opened and read: BIDDER BID PT Publishing Company $7.75/column inch. Published I time/week. Peninsula Daily News $6.00/column inch. Published 6 days per week. The width of the column is different in the PDN and that will be included in the analysis. Page 2 Commissioners Meeting Minutes: Wcck of March 7, 201 I DRAf"r ~.:'''R\.t, ~) '",209 Staff Recommendation for Ecology Required and Recommended Changes; Shoreline Master Program (SMP) Comprehensive Update (MLA08-475) (Continuedfrom February 28, 2011): Michelle McConnell, Associate Planner and the project lead, noted that this is a continued review and discussion ofthe 61 items from the State Department of Ecology (DOE) for recommended or required changes to the Locally Approved Shoreline Management Plan (LASMP) and additional proposed revisions for clarification from DCD staff The Board provided feedback and guidance to staff last week on the majority of the 61 items, but there were a handful of items that require a little more consideration. These are the items that are being reviewed today. Staff did talk with the DOE last week and received guidance on some of the items. ATTACHMENT B. Required Changes- Item 4: Article 2.A.27. Page 2-3. Definitions - Avvurtenance. normal This regards the definition for appurtenance - normal, where staff questioned the DOE addition of text that included a 3 car threshold on garages as a normal appurtenance. Staff had concerns about the nexus and proportionality of that degree of specificity. They discussed this with DOE and since impervious surface issues are addressed elsewhere in the Code, they agreed to take out the "up to 3 cars" wording. This information will be included in the rationale. The new definition would read as follows: Appurtenance, normal means a structure or use that is necessarily connected to a primary use and is located landward of the ordinary high water mark Normal appurtenances for residential development are garages, utilities, septic tanks and drain fields, as well as driveways, walkways, and fences, plus initial clearing and grading for a new residence which does not exceed 250 square (transcription error - should be cubic) yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark This is related to another change where garages are taken out of the definition for accessory. The Board agreed with staff recommendation Item I I: Article 7.2.F.5. Page 7- 10. Boating facilities - Regulations - Residential Docks Staff suggested that the Board agree with the required change and the question came up about the nexus and proportionality of the 100 foot dock measurement. In talking further with DOE last week they understood the County's concern and will do more checking on this issue. Stacie Hoskins, Planning Manager, noted that DOE is going to check into other shoreline master programs and David Alvarez. Chief Civil Deputy Prosecuting Attorney added that DOE is going to find out if other counties have justification for a numerical cap. Michelle McConnell advised that the Board could wait for more information from DOE or they could agree with the change and then after the public hearing they could consider any additional information received. The discussion continued regarding where information may come from and how it would be included in the record. Philip Morley pointed out that his recollection from the last discussion is that the Board indicated general agreement with this item. Michelle McConnell explained that there was an outstanding concern regarding the 100 foot measurement. Staff asked DOE how they came up with 100 feet Their response was that it seemed like an adequate number to accommodate all, or almost all, of the residential dock requests. Commissioner Sullivan asked if a public hearing is required on this issue since it's a DOE required change? Philip Morley answered that if the Board wishes to put more information into the record for purposes of defending this change then it could be included in the public hearing. David Alvarez pointed out that the wording has been changed from "no greater than that required" to "the minimum demonstrated necessary" which could be considered a substantive change, because the length and the threshold has been changed. Page 3 Commissioners Meeting Minutes: Week of March 7. 2011 . . D +2:\ F"T" 6r.if:;';'.N. ...~\ ,-. . .:. I~I \.~6!:) ~ Commissioner Sullivan asked what wording would be the subject ofthc hearing, the original language or the proposed change in wording? Philip Morley indicated the proposed changes would be advertised for the hearing. Board agreed with staff recommendation Item 13: Article 4.3 Use Table. Page 4 6. Use Table Net Pens/Fin fish Item 14: Article 8.2.B.I and 2. Pages 8-4 to 8-8. Aquaculture Prohibitions Article 8.l.C.1 through 6. Aquaculture - Shoreline Environment Regulations Article 8.2.D.8 and 9. Aquaculture - Regulations - General Item 15: Article 8.2.A.12 and 13, Page 8-4, Aquaculture Policies There are on-going questions on this issue, Michelle McConnell reported. The County clearly understands DOE's rationale for requiring a retraction of the prohibition on net pens. The conversation with DOE last week confirmed that as a water dependent use net pens are preferred by the Shoreline Management Act and that DOE did not see what they felt was adequate science in the County's record to support a complete prohibition. DOE confirmed that by saying the County can't completely prohibit fin fish and net pen aquaculture they did not say the County has to allow it everywhere. The DOE is amenable to the County placing some amount oflimitation on those operations. Commissioner Johnson asked if staff reviewed the Whatcom County SMP approach to net pens? Michelle McConnell answered that they did and DOE will discuss this further internally with their staff that worked directly on the Whatcom County shoreline program. DOE has not responded back to the County about this approach. David Alvarez reported that the Whatcom County approach was never litigated before the Hearings Board or in the Court of Appeals. The challenges of the Whatcom County SMP never addressed the net pen issue. They were on the public participation and critical areas provision. The BIA W was an intervener in the Hearings Board case that went all the way to the Court of Appeals. The Court of Appeals case has been granted review by the State Supreme Court. Philip Morley added that the Whatcom County SMP and its approach on net pens was affirmatively approved by DOE. Michelle McConnell noted that the Whatcom County SMP prohibits commercial (fin fish) salmon net pen operations but the rest of their aquaculture provisions do address allowances for net pens other than salmon. They have allowances for net pen functions related to wild salmon restoration efforts. Commissioner Sullivan asked that staff review Whatcom County's SMP related to these specific issues and develop an option that is similar to their SMP. The discussion turned to upland fin fish aquaculture and Commissioner Sullivan asked that it be included in the Agriculture Section of the UDc:. Michelle McConnell said that staff will bring back a proposal that will fit the Whatcom County model into our LASMP regarding upland fin fish aquaculture and fin fish aquaculture. Commissioner Sullivan read from the Whatcom County SMP (item 23.1 00.03.B.l.G) "Commercial salmon net pen facilities shall not be located in Whatcom County waters except for limited non-profit penned cultivation of wild salmon stocks during a limited portion of their life cycle to enhance restoration of native stocks when such activities involve minimal supplemental feeding and use no chemicals or antibiotics." Item 25: Article 6.l.E.2.i, Page 6-7, Critical Areas - Regulations - Buffer Exceptions - Common Line Buffer This is regarding the common line buffer provision for non-conforming lots, Michelle McConnell explained, and staff had recommended an alternative proposal declining the change from 300 feet to 100 feet out of concern for the nexus and proportionality. DOE's concern is that by maintaining 300 feet (the same distance that is currently in the County Code) it is too permissive and allows that provision to be used by too many Page 4 Commissioncrs Mceting Minutes: Week of March 7, 20 II /.) 0_\.': 'r / I~ f r ; ()'"'~''' '/.'-_::\ t_ ____~_ ~ ~'~r""'-' individual lots or parcels. The provision (rcfcrred to as shorelinc averaging) is currcntly available to anyone. This proposal limits its use to non-conforming lots and it is written to be specific to protecting vicws. Staffs rationale is that the suggested wording provides adequate bounds and a 300 foot separation is acceptable. Staff can pull numbers from the cumulative impacts analysis that shows that there is a total of roughly 6,200 shoreline parcels and of those roughly 750 will become non-conforming due to the 150 foot marine buffer. This is 12% of the lots and if you look at those that are vacant the number is even smaller. Stafffeels this adequately limits this provision so that the County is not at risk regarding the "no net loss" criteria. DOE seemed amenable to having the County rationale presented with a littlc more depth and they were going to review their rationale for requiring 100 feet. The Department has not heard back from DOE on this issue yet. The Board agreed with staff recommendation ATTACHMENT C. Recommended Changes- Item 14: Violations and Penalties David Alvarez noted that the phraseology (up to I year and up to $5,000) is the penalty and time a person faces if convicted of a gross misdemeanor in District Court. The statute says that if you violate the SMA you've committed a gross misdemeanor. Commissioner Sullivan asked what happens if the penalty is changed? David Alvarez said he will look up the consequences for a gross misdemeanor in the RCW and this language can changed to reflect a reference to the RCW. Michelle McConnell said they discussed this item with DOE last week as well as the question about the phrase "or regulatory order." DOE agreed that the word "or" be left and the word "of" be deleted. The Board agreed with the specific wording change and that the RCW be referenced for the penalty Michelle McConnell then reported that she has asked representatives of the shellfish industry for feedback on the aquaculture issues discussed last week and they have not responded as of this date. Stacie Hoskins said that staff will bring a draft document back that reflects the Board's proposal next week along with a proposed hearing notice as well as proposed language on items that are waiting for more information. The discussion turned to the subject of the County's hearing on the SMP and whether it would include all changes proposed to the LASMP even those recommended and required by DOE, or just those where the County is diverging from DOE's changes? David Alvarez stated that if the Board accepts what DOE has offered another public hearing is not required. Any item where the County does not agree with DOE should go to public hearing. The discussion continued about what should be included for comment in the public hearing. The Board concurred that all changes be included in the public hearing. The meeting was recessed at the conclusion of the morning session and reconvened at I :30 p.m. for the following business. Commissioners Sullivan and Johnson were both present. COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Jim Parker, PUD re: Wetland Determination Permit Process Joint Economic Development Planning Page 5 Commissioners Mcctin' Minutes: Week of March 7, 2011 /?'~ (Iii ; ';~kS%J ~ Calendar Coordination Legislative Update Continued Planning for 2011 Miscellaneous Items Future Agenda Items Letter of Support; Continued Funding: Commissioner Johnson moved and Commissioner Sullivan seconded the motion to approve and sign a letter of support to our Congressional delegation for the continued funding for the Northwest Straits Marine Conservancy Initiative. NOTICE OF ADJOURNMENT: Commissioner Johnson moved to adjourn at 4:29 p.m. until the next regularly scheduled meeting or properly noticed special meeting. Commissioner Sullivan seconded the motion which carried by a unanimous vote. MEETING ADJOURNED JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: (Excused Absence) John Austin, Chair ATTEST: Phil Johnson, Member Lorna Delaney, CMC Clerk of the Board David Sullivan, Member Page 6