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HomeMy WebLinkAboutM021191 t -' " MINUTES WEEK OF FEBRUARY 11, 1991 The meeting was called to order by Chairman Larry W. Dennison. Commissioner B. G. Brown and Commissioner Richard E. Wojt were both present. BUSINESS FROM COUNTY DEPARTMENTS: PUBLIC WORKS Bid Openine re: For Supplyine Liquid Propane: Public Works Director, Gary Rowe, opened and read the bids received for supplying the County with liquid propane in 1991 as follows: BIDDERS: BID TOTALS: Petrolane (Suburban Propane), Gresham Oregon Amerigas, Kent Cenex Valley Supply, Chimacum Ferrell Gas, Sequim 43.24 cents per gallon 39.67 " II II 45.7 II II II 48.5 II II II These prices do not include tax. Commissioner Brown moved to have the Public Works Department check the bids for accuracy and make a recommendation for bid award that is to the best advantage of the county. Commissioner Wojt seconded the motion which carried by a unanimous vote. State Purchase Requisition: Extended Cab Chevy Pickup; Bud Clary Chevrolet. Loneview: Gary Rowe reported that this requisition is to purchase an extended cab pickup for the Health Department from the State contract. Commissioner Wojt moved to have the Chairman sign the purchase requisition from Bud Clary Chevrolet in Longview for a total cost of $10,513.65. Commissioner Brown seconded the motion which carried by a unanimous vote. CALL FOR BIDS: SherifT Vehicle: One 1991 Dodee Dynasty, New or Used: Gary Rowe reported that this call for bids is for a vehicle to replace the Sheriff's Department administrative vehicle. The bid is for a Dodge Dynasty because it is the only affordable vehicle that the Sheriff can use comfortably. Commissioner Brown moved to approve the bid call setting the bid opening for March 4, 1991 at 10:30 a.m. Commissioner Wojt seconded the motion which carried by a unanimous vote. Ill'll , J \.> 17 nn r;'L~ ._.~ :l46 .' , " .' Commissioners' Meeting Minutes: Week of February 11, 1991 Page: 2 HEARING NOTICE: Vacate a Portion of Tukey Avenue in Tukey's Addition. Nelda Wythe. Petitioner: Commissioner Brown moved to set the hearing for the proposed vacation of a portion of Tukey Avenue in Tukey's Addition for 10:30 a.m. on Monday March 18, 1991. Commissioner Wojt seconded the motion which carried by a unanimous vote. Comparative Bid Purchase; Two Personal Computers for the Assessor's Office: This is for purchase of two 286 computers for the Assessor's Office. Commissioner Wojt moved to approve the comparative bid purchase for two computers and directed the Clerk to post the Notice to the Public. Commissioner Brown seconded the motion which carried by a unanimous vote. Coyle Community Center Proposal; Jefferson County Parks & Recreation District #1: Gary Rowe reported that he has been notified by Robert P. Clark, Recording Secretary for Jefferson County Parks & Recreation District #1, that they have voted to proceed with Option #4 for building a community center on the Coyle peninsula. They have tentatively set a date of April 2, 1991 for an election for authorization of the issuance of General Obligation Bonds for the District. They need a letter from the Board stating what the County will contribute $40,000 in cash and $40,839 in architectural and general contract management services for this project. Commissioner Brown moved that the County's contribution to this project is approved and directed the Public Works Director to proceed with notifying the Park and Recreation District. Commissioner Wojt seconded the motion which carried by a unanimous vote. Lois Smith re: Juvenile and Family Court Services Office Space Needs: Juvenile and Family Court Services Director, Lois Smith, reported that more office space is needed for her department and that need is now crucial. She asked the Board when this issue can be resolved? ·Additional staff was approved in the 1991 budget but with no space to put them in, she has not been able to hire this staff. Gary Rowe reported the space needs of the Juvenile Court and the Prosecuting Attorney has been reviewed, It has been determined that it will be less expensive to move Juvenile Services to the third floor. There are many unanswered questions about how this space can be configured for moving either of these Department to this third floor space. Lois Smith stated that she is concerned that two months of the new year have gone by and plans for a move are not underway yet. Discussion turned to the space. available on the third floor and how it could be arranged to meet the needs of the Juvenile Services Department. The Board concurred that Juvenile Services be moved to the third floor. FACILITIES MANAGEMENT Olympic Discovery Trail Report: Seven interested area residents were present when Gary Rowe read the report on the Olympic Discovery Trail. He explained that the Public Works Department has done some preliminary planning work for a trail on railroad right-of-way through the Glen Cove Area. Title reports have been received on properties in this area as well as properties toward Discovery Road (near Seton's Mill). In the Glen Cove area the railroad right-of-way trail is being planned in conjunction with a new access road into the Port Townsend Paper Company mill. There are no current contracts with the lAC for the grants described in the report. Using the railroad right-of-way as a truck route into P.T. Paper Company and as a bicycle route into Port Townsend, is part of the adopted road plan. The City of Port Townsend has proposed further development of the trail along with the Gateway Project and the waterfront development plan. All other efforts on this project have been through the National Park Service (NPS) planning process. The NPS has formed an advisory committee and had two meetings to develop a public process to bring all of the concerns about the Olympic Discovery Trail out on the table. Gary Rowe reported that the Public Works Department would like the Board to make a ~ 'Y Ol 1 >7 r.\t~ 00 1.47 ... .' Commissioners' Meeting Minutes: Week of February 11, 1991 Page: 3 commitment to the substantial amount of staff time and effort needed to go through this planning process. Gary Rowe added that the staff efforts on this project, to date, have only been on the areas around Glen Cove. Chairman Dennison asked the purpose of the NPS planning process? Carter Breskin reported that the NPS is providing staff time for: establishing an advisory committee, goal setting, issue identification, resource evaluation, generating standards and alternatives, evaluating alternatives, finding preferred alternatives, developing a preferred concept, and developing an action plan for various Board reviews. Chairman Dennison then asked what the Peninsula Trails Coalition is doing? Gary Rowe reported that they have two grants, the first year grant (expired June 1990) was to: 1) Develop a series of base maps identifying a preferred route, alternative routes, shoreline access areas, trouble areas, and property ownerships in a format suitable for presentation; 2) conduct informational workshops for public officials and informational meetings for the public, assimilation and analysis of feedback, utilization of feedback to encourage intergovernmental and public interaction toward the accomplishment of public access enhancement; 3) develop a public involvement guide which would be an identification of governmental agencies relevant to the project, and to find methods of public involvement and chart governmental schedules, informational brochure outlining how and when the public can interact with government agencies and the Peninsula Trails Coalition; and 4) Define issues and concerns, list the concerns which have surfaced and list possible solutions to each concern. The second grant (expires June 1991) includes: 1) attaining appraisals for property acquisition in three areas (Port Townsend Gateway Project, the Dungeness Crossing, and the Port Angeles Centennial TraiQ 2) developing a concept plan for the trail, and 3) refining the concept plan for the priority segments (see three listed above). These grants are through the State Department of Ecology, Coastal Zone Management. The County was not involved. Gary Rowe reported that the County's role in this is only to provide information requested to assist the Peninsula Trails Coalition. The County is a signatory to a Memorandum of Understanding with the NPS (for the facilitation of a planning process), along with Clallam County, City of Port Townsend, City of Port Angeles, City of Sequim, Port of Port Townsend, Port of Port Angeles, Clallam County Recreation and Park District #1 and the Peninsula Trails Coalition. This Memorandum of Understanding with National Park Service expires in September of 1991. Gary Rowe then reported on the members of the Advisory Committee established by the NPS. After discussion of the sequence of events with regard to this project and the relation between the NPS and the Peninsula Trails Coalition, Commissioner Brown noted that it was never the County's intent when the Memorandum of Understanding was signed, that property for the project would be acquired through condemnation. Gary Rowe added that this process is going to take time and the makeup of elected officials may change. He stated that he doesn't feel that the present Board of Commissioners can hold a future Board of Commissioners to a set of conditions established when the MOU was signed. He clarified that he knows the intent of the current Board of Commissioners and Public Works Department staff is not to condemn property. Commissioner Brown stated that he does not want to be part of a planning process that could allow a Mure Board to use condemnation. Chairman Dennison advised that there Is a consensus of the Board that condemnation will not be used as an option for acquiring property for this project and that must be made clear in the planning process from the beginning. Chairman Dennison stated that if the County is going to be asked to participate in this project at any level, he wants to be involved in the planning process from the start. Regardless of what planning vehicle is used for this project, Gary Rowe reported that there are several critical points in that process that require a determination as to whether it is worth t VaL 1 ~~7 (":;;;' t~C~ uU. 1.48 ,_.-. <-.~_,_~-c~ "_-_ _ Commissioners' Meeting Minutes: Week of February 11, 1991 Page: 4 proceeding. For example, right now issues are being raised about stances that the Board could take such as condemnation, costs, maintenance, etc. Commissioner Brown asked why the question about pursuing alternatives to the railroad corridor is being mentioned? He stated that it was understood from the beginning that alternatives would be pursued. Gary Rowe reported that this question came up because there have been people out telling the property owners along the railroad right-of-way that the trail will be located on this corridor. Chairman Dennison asked that a workshop be set up with the NPS and the Peninsula Trails Coalition to discuss what the County's role has been and should be in this planning process. GeorQe Brown: George Brown read Resolution 76-90 "In the Matter of Authorizing Application to the Interagency Committee for Outdoor Recreation; Funding Assistance (Olympic Discovery Trail)". He stated that he feels the County made a commitment to fund the trail with this resolution. Chairman Dennison stated that the County made a commitment to apply for funding. He added that there was an opportunity to make an application for funding and the Board made it very clear that this did not commit the County to this project. Commissioner Brown noted that funding is now available (through this grant) if, in fact, property comes available and the County can put up its share. Gary Rowe reiterated that the efforts the County has made under phase I, is for the properties in the Glen Cove area. Carter Breskin reported that the County has a contract from the lAC for Phase I for an initial $200,000 ($100,000 from lAC and $100,000 from the County). The lAC will not provide funds for acquisition until title reports on the property are completed. The County has acquired the title reports on properties in the area from the City limits down to Discovery Road. The County cannot enter into any negotiations process with any property owner until that lAC contract is signed. Chairman Dennison stated that his position on this is that he supports the notion of a trail if it can be worked out so that it doesn't create problems for property owners. He wants to have clear information on the options available before any decisions are made to proceed with the project. He asked who is in charge of the plan, if the NPS is just facilitating the planning process? Tom Madsen: Mr. Madsen noted that his letter (date February 11, 1991) contains his comments. Jeff Larsen: Jeff Larsen expressed concern that the County's elected officials will be snowballed by people from organizations outside of the County. John Reep: John Reep stated that he appreciates the Board's statement that property will not be condemned. He added that if this project ever reverts to a landmark type project there is nothing to preclude federal imminent domain in this matter. He noted that he feels this will be a very expensive project for the County. Rick Tollefson, Chairman of the Jefferson County Parks Advisory Board and Chairman of the Peninsula Trails Coalition: Rick Tollefson asked if the Board had any questions for him on this project? He noted that the Peninsula Trails Coalition was formed as a citizens grass roots group. They felt that this project would be a good idea. He then noted that the NPS has no stake in this project. They work like the Soil Conservation District or Cooperative Extension to facilitate this type of planning. Commissioner Wojt stated that he understood that Peninsula Trails Coalition's position was that each community would, in some way, take part in forming a trail that met their needs and would be maintained by them. The people in one community have indicated to him that they don't feel there is anyone listening to their concerns about how the trail is going to be used. Reed Gunstone: Reed Gunstone reported that he is on the NPS Advisory Committee. The position that Commissioner Wojt mentioned has been discussed by the Advisory Committee. He asked what community Commissioner Wojt is referring to and if that community is represented on the Advisory Committee? Commissioner Wojt responded it is the Fairmount community, and he doesn't know if they are represented on the Advisory Committee.nRepresentation on the Advisory Committee has been identified as an issue. ; Vûl 17 tAf,~ 00, :l49 Commissioners' Meeting Minutes: Week of February 11, 1991 Page: 5 Mium Rubin-Crump: Mium Rubin-Crump stated that she is staff on the NPS Advisory Committee and clarified that there are many examples of recreational use trails that use county road right-of-ways. A wide route along a road, in terms of trail planning, counts as a trail. Commissioner Wojt moved that the Public Works Department set up a workshop with all concerned parties. Commissioner Brown seconded the motion. The motion carried by a unanimous vote. PLANNING AND BUILDING Review of Comments Received on the DNS Issued to Remove Failed Bulkhead and Construct Drift Sills on 3 Lots and Community Property at Beckett Point; Cape Georee Fisherman's Club and WiItÌ"ed Wachter: Commissioner B. G. Brown excused himself from deliberation on· this issue because he owns property on Beckett Point. Associate Planner, Jim Pearson, presented a list of the projects that Wolf Bauer has been working on with regard to beach enhancement. Chairman Dennison asked if "drift sills" have been used before and if they were successful? Jim Pearson said that the drift sills have been used on other projects and that they work as Wolf Bauer predicted. Jim Pearson stated that he has explained the project to Lou Morello. Chairman Dennison asked if Jim Pearson talked directly with Wolf Bauer about specific places that drift sills were used and if they worked? Jim Pearson responded that he talked with Mr. Wachter the project proponent. The Board directed Jim Pearson to ask Wolf Bauer where drift sills have been used specifically and if they accomplished the task that they were designed to accomplish. Preliminary Lone Subdivision and Request for Variance from Public Road Requirements; Walker-Dillon Lone Plat #LPl-91; Subdivision of 5 Acre Tract into 2 Residential Lots; Cape Georee Road. Approximately 1 mile North of Chevy Chase; John and Toni Walker. Pr(dect Proponents: Associate Planner Jerry Smith reviewed the preliminary Walker-Dillon Long Subdivision. This plat of a 5.01 acre parcel of property is located 1 1/2 miles north of Chevy Chase Golf Course, adjacent to Cape, George Road. It is being divided into two residential lots. The Health Department has indicated that the site proposed for on-site septic system will work, but they did express concern about the area for the reserve drainfield. Jerry Smith reported that there is also a variance request with this long subdivision. The variance would allow a private road (Lane DeChantel) to serve as access and that the public road paving and construction standards be waived. Chairman Dennison asked why the variance is being sought? Jerry Smith reported that the project proponent is asking for the variance because of the costs' of bringing the road up to these standards. Several conditions of approval have been suggested for this subdivision in response to the questions raised by the Public Works Department. The Planning Commission recommendation is to deny the variance requested for this project and to recommend approval of the plat with the conditions as suggested. This would mean that the applicant would have to bring half a mile of Lane De Chantal up to County road standards. John Walker stated that this road requirement will make people maximize the number of units they divide a parcel into in order for a subdivision to be economically feasible. Commissioner Brown moved to deny the variance request as recommended by the Planning Commission. Commissioner Wojt seconded the motion which carried by a unanimous vote. Commissioner Brown then, after review of the Planning Commission findings of facts and recommendation, that the preliminary Walker-Dillon long plat be approved with the eight conditions listed. ~ V~l ", 1.5ð 17 i~(,~ 00, Commissioners' Meeting Minutes: Week of February 11, 1991 Page: 6 Chairman Dennison stated that in light of the Public Works comments, if this site is unstable without anything on it, how will construction of a road, drainfield and house impact the site? Jerry Smith reported that the comments received from Public Works could be grounds for re- opening the SEP A process. Commissioner Brown stated that he feels that Condition E which states '~ drainage and erosion control plan will be required and must be approved by the Jefferson County Public Works Department prior to final plat approval," covers these concerns about this site. The proponent will have to provide the Public Works Department with the necessary information and a drainage and erosion control plan. Commissioner Brown withdrew his motion. Commissioner Wojt moved approve the preliminary plat with the conditions as submitted including the following wording in condition E "A drainage and erosion control plan will be required based on analysis of on-site slope stability and must be approved by the Jefferson County Public Works Department prior to final plat approval." Commissioner Brown seconded the motion which carried by a unanimous vote. Resi2llation of Dan Tittemess from Planine Commission (District #1): Commissioner Wojt moved to accept the resignation submitted by Dan Titterness from the Planning Commission and directed the Planning 'Department to advertise for applicants interested in serving on this Commission. Commissioner Brown seconded the motion which carried by a unanimous vote, Craie Ward re: Discussion of Usine Uniform Buildine Code (UBC) Chapter 70 as an Interim Gradine Ordinance: Senior Planner Craig Ward reported that he has researched whether the County should use Chapter 70 of the Uniform Building Code as an interim grading ordinance. He recommends that the County not adopt it. The Public Works Department is drafting a clearing and grading ordinance which will be ready by mid March. Request for Purchase of Two Computers on a Comparative Bid Purchase for the Plannine Department: Craig Ward reported that the Planning Department is not going to hire the additional planner that was budgeted for 1991. They are asking to be allowed to purchase two personal computers with the funds allocated for this position. Commissioner Wojt moved to approve the comparative bid purchase of two computers by the Planning Department and directed the Clerk to post the notice. Commissioner Brown seconded the motion which carried by a unanimous vote. *** APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Wojt moved to adopt and approve the items on the consent agenda as presented. Commissioner Brown seconded the motion which carried by a unanimous vote. 1. AGREEMENT and Request for Payment of Funds re: 1991 Services; Jefferson County Maritime Bicentennial Organizing Committee. $15,000 allocation approved for payment. 2. AGREEMENT and Request for Payment of first quarterly allotment re: 1991 Services; Jefferson County Historical Society 3. AGREEMENT re: 1991 Services; Jefferson County Domestic Violence, Sexual Assault Program 4. CONTRACT # 1-91-25020 re: Funding for Jefferson 2000 Strategic Planning Process; State Department of Community Development 5. PROCLAMATION re: Appreciation and Recognition of all Public Works and Sheriff's Office employees for their extraordinary efforts after the series of storms in 1990. 6. Application for Assistance from the Soldiers' and Sailors' Relief Fund; Walter Scott Zergman $450.00 7. AGREEMENT, Addendum re: Jefferson County Sheriff's Department Labor Agreement; Change in Maintenance of Benefits Article #20; Teamsters Local #589 ~Vùl 17 tAG~ eo :151 Commissioners' Meeting Minutes: Week of February 11 1991 Page: 7 8. AGREEMENT, Addendum re: Jefferson County Public Works Department Labor Agreement; Change in Maintenance of Benefits Article #17; Teamsters Local #589 Assessor Jack Westerman then met in Executive Session with the Board members regarding a personnel matter. When he was finished Deputy Prosecuting Attorney Mark Huth and Assessor Jack Westerman met in Executive Session regarding another personnel matter. The Board then interviewed two persons who expressed interest in serving on the Solid Waste Advisory Committee. They recessed their meeting after the last interview and re- convened it at 7:00 p.m. at the Tri Area Community Center for the following hearing. All three Board members were present. HEARING re: Proposed Revisions to the Shoreline Manaa:ement Master Proa:ram; Aquaculture; Tri Area Community Center: Chairman Dennison welcomed approximately 90 interested County residents to the continuation of the January 7, 1991 hearing on the proposed revisions to the Jefferson/Port Townsend Shoreline Management Master program on aquaculture. Sam Swanson: Sam Swanson asked what kind of revenues the County would derive from these projects? Chairman Dennison explained that this document is simply creating the rules for these projects and is not setting any operation fees. Jim Pearson explained that the waters and tidelands below extreme low tide are owned by the State of Washington. The State Department of Natural Resources manages those areas and collects lease fees for them. Those fees go to the State. Chairman Dennison introduced each of the Commissioners, the Clerk of the Board and Jim Pearson, Shoreline Planner for the Planning Department. David Woodruff asked if State and/or federal employees would introduce themselves. John Pitts, Washington State Department of Agriculture, Aquaculture Coordinator, introduced himself. He asked if people could give their scientific qualifications. Chairman Dennison clarified that qualifications are not required to give testimony. He noted that the Board will accept written comments on this draft until Friday, February 15, 1991. Paul Tavlor: Paul Taylor stated that he is part of a family owned shellfish business called Taylor United, that farms tidelands in Jefferson County. They have built a shellfish hatchery on Dabob Bay. Jefferson County has a tremendous potential to expand its' shellfish industry, but he feels that this document will severely limit this potential. They will be sending a letter with their concerns about these proposed rules. Robert Hull, Resident of Cape GeorQe: Robert Hull asked the Board to remember the time when a flurry of net pen permits were awarded. Home dwelling citizens upland of the permitted sites objected to these fin fish feed lots because they lack compatibility with existing upland uses. The County imposed a moratorium on accepting new applications for these fish rearing facilities pending the re-write of the rules. These proposed revision to the local shoreline master program continue to disregard and ignore that part of the State shoreline directives which are intended to guide local governments in the discharge of their particular local responsibilities under the State Shoreline Management Act. This defect constitutes insensitive planning and assures future constituent displeasure. Mr. Hull then read the provisions of the State guidelines with regard to the basis for environmental designation of an area. He added that the County's Master program adopts the environmental designations but thereafter the rules ignore their differences. The rules are written on the principal of "one size fits all. II Mr. Hull concluded by noting that he will submit written details to the Commissioners. Richard Steele, Rock Point Ovster Company: Richard Steele reported that he has been farming oysters in Jefferson County for 46 years. He complimented Jim, Pearson and the people who reviewed and improved this revision to the aquaculture policy. He noted that if an arbitrary rule is made for floating structures, which limits them to 1,500 feet from shore, it would rule out many potential new aquaculture ventures which could be beneficial to the State and the County. The more homes that are developed on the shore will increase non- point pollution the need for aquaculture to go offshore. In many areas of the County there isn't 3,000 feet from shore to shore, or the waters are so deep and the wind so severe, this requirement would be impractical. Siting is the most important thing to be critical about. ~ vGt. 17 fAG: 00 152 Commissioners' Meeting Minutes: Week of February 11, 1991 Page: 8 Lee Bonniker. Port Townsend resident: Lee Bonniker thanked the Board and the committee for the work done on these regulations. She explained that she is an aquaculture consultant. She noted that there is a height restriction of 8 feet above the water, on net pens. Since net pens sit about two feet above the water, Ms. Bonniker said that this requirement will not allow a structure that the workers can use to get in out of the cold. She asked that the height restriction be raised from eight feet to nine feet. Grace Hurley. Cape Georae resident: Grace Hurley asked how the pens that are located off of the City of Port Townsend are faring and who is eligible for leases (from the State DNR)? Chairman Dennison stated that the State regulates these leases. She added that she is concerned about the valuation of property and the tax base and what this will do to the County . Mel Hurley. Cape Georae resident: Mel Hurley expressed concern about net pens and the potential deterioration of interior waterways, the view, property values, and the erosion of the tax base of the County. He added that in previous projects most of the monitoring was going to be done by the operators, or someone they hired. This is a potentially dangerous situation and Mr. Hurley urged Board to look at it. Dick Bumaarner: Dick Bumgarner explained that he is a fishery biologist with the State Department of Fisheries. He assists with the management of the shellfish program in Puget Sound. He expressed appreciation to the County for the efforts made to incorporate many of their comments into this draft. They still have the following concerns: Pages 21, 28, 29: Regarding mechanical harvesting of benthic infauna, . such as hard shell clams, that involves substantial substrate modification -- it is recommended that harvest of geoduck and horse clams taken individually by diver gear using the geoduck nozzle method, be specifically excluded from the Shoreline permit process. It is also recommended that the terms "mechanical harvesting" and "substantial substrate modification" be defined or at least have examples included. Geoduck are co-managed by the Department of Fisheries and the Department of Natural Resources. Since Geoduck harvests involve the harvest of wild stocks, this harvest needs to be excluded from the aquaculture section of the plan. Geoduck harvest should also be specifically excluded from the section relating to Dredging. Pages 16 and 22: Regarding the minimum 1,500 foot distance from shore -- siting should be considered on a case by case basis and be based on sound biological and oceanographic criteria and not on an arbitrary distance. Page 10 and 18: Shellfish populations and habitat of special significance are listed - - recommend that this list include sea urchins, sea cucumbers, scallops, abalone and shrimp. All habitats of special significance should also include sea urchin beds, scallop beds, abalone beds, shrimp beds and known sea cucumber habitat. Page 9: Regarding site characterization surveys -- the project proponent should be directed to coordinate all surveys with the Department of Fisheries and other appropriate State agencies to assure that State approved survey methods and consultants are used. Page 29: What constitutes a kelp bed? It is suggested that rather than using eel grass criteria described in the plan, that eel grass beds be defined by the Department of Fisheries siting criteria, which is now being re-defined. Mr. Bumgarner concluded by urging the County to consider these recommendations and the DOF would like the opportunity to meet and discuss all these differences to find a way to resolve them. ' John Pitts. AQuatic Farm Proaram Manaaer. Washinaton State Department of Aariculture. and resident of Quilcene: John Pitts submitted his written comments to the Board and added that he has some concern about mis-information that has been circulated in the press in the last few months, especially an "Opinion Forum" in the November 28,1990 Port Townsend Leader. He presented the following documents: 1. Verbatim transcription of a meeting between members of the Norwegian and Canadian Parliaments, held in Ottawa (September 12, 1990). ~ VOL '17 nn .r lr: "l : r ,.1\) _ "+~ ' 153 '"'~,,, Commissioners' Meeting Minutes: Week of February 11,1991 Page: 9 2. A document he has prepared on the parasite Gyrodactylus salaris. He added that it has been found that this parasite is not the problem that it was thought to be. 3. A review article from Northern Aauaculture January/February 1991 by James Winton, U.S. Fish and Wildlife Service, on viral hemorrhagic septicemia (VHS). 4. Several papers with regard to genetic pollution. He pointed out that genetic pollution is a misnomer. It is not recognized in genetic literature as an identifiable term. 5. A copy of ''Aquatic Lands Issues and Policies - A Public Opinion SUNey. H, which indicates that aquaculture is one of the three or four top priorities for the citizens of the State. John Pitts concluded by noting that statements that fish farming was outlawed in Alaska, are not true. 18% to 20% of the fish that were caught in Alaska in the last three years were from net pens. Lois Twelves: Lois Twelves stated that she is concemed about net pen pollution from artificial feed and treatment with antibiotics. The use of antibiotics in hugh fish pens can pose a problem. Lois Twelves stated that there are Eagles nests in this area and asked if these pose a threat to aquaculture, because they will certainly be helping themselves? The Eagles should be protected. Gina McMather. President. South Point Coalition: Gina McMather explained that she spent several years fighting a fish pen proposed in the South Point area. It was clear at that time that the County needed a document that spelled out the conditions whereby the County could say no to an aquaculture developers proposal. Many of the things that were good in the first draft have been scratched out of this current draft. The first draft set down some standards instead of a case by case basis which winds up meaning lawyers fees for everyone. There are all kinds of recent draft changes that are disturbing: Distance from a river changed from 3 miles to 2 miles. Page 30, Intensive subtidal aquaculture changed from a conditional use to a secondary use. Timely notification of exceptional numbers of mortalities (whose concept of timely)? Gina McMather concluded by stating that she would like to see many specific things put back in and the draft made more specific wherever possible. Donna Porter. property owner south of Southpoint: Donna Porter stated that she has been camping on the beach, (south of Southpoint) for over 60 years and using the waters for swimming and boating. She stated that she is in favor or nothing coming any closer than 1,500 feet of the shoreline because of the navigation problems. Donna Porter added that she feels that the County should handle these applications on a site by site basis. She feels that one of the biggest income producers in the County is tourism, if the waters are contaminated and navigation is blocked off, the County would be cutting off its nose to spite its face. David E. Woodruff. 371 So. Bay Way. Port Ludlow: Dave Woodruff submitted a packet of information along with a letter that he read into the record. Mr. Woodruff spoke on two more occasions at this hearing to finish reading his letter into the record. Lou Muench. Jamestown Klallam Tribe. Interim General Manager of Proposed Fish Farm in Discovery Bay. Clallam County: Lou Muench stated that the Jamestown Klallam Tribe is very concerned and interested in the Jefferson County aquaculture policies. Eastern Jefferson County is entirely within the tribes usual and accustomed area as adjudicated by federal court as far as treaty rights are involved. Tribal treaty rights are very similar to private property rights. In the Treaties of 1854 and 1855 the tribes ceded much of this property, but reserved the right to fish and shellfish. This right is one that is shared wi~h the State. Since the Treaties were signed, the rights of native americans have been seriously eroded, by pollution, development, and destruction of natural habitat., Mr. Muench continued by saying that enhancement is an essential part of the Tribes reclaiming these rights. Enhancement basically means aquaculture - fish hatcheries, shellfish hatcheries, seeding shellfish beds, net pens, delayed release net pens, and commercial net pens. The environment is not the issue confronting Jefferson County in its aquaculture policy. What is drMng changes to aquaculture policies is objections to net pens. The underlying issue is who do the marine waters and resources belong to? This is a conflict between developers and consumers ,of shoreline property versus those who would use the marine resources (including the tribes). Mr. Muench advised that it is important to keep where the ~ Val 1 7 r Ar,~ DO '.- :154 , . Commissioners' Meeting Minutes: Week of February 11, 1991 Page: 10 opposition is coming from in perspective and to recognize that it's a very small minority of rather selfish upland owners. Gordon Hayes, Manaaer. Coast Oyster: Gordon Hayes reported on Coast Oysters' operation and then asked the Commissioners to support the aquaculture policy. He added that he is the President of the Pacific Coast Oyster Growers Association and from their point of view; their product is food. This is a clean business. Oysters (bivalves) are filter feeders which means that they get algae and plankton from the water. They are the first things that are effected by pollution. The Oyster growing industry is the canary in the cave. This industry cannot move from these waterways and from the intertidal and subtidal areas, as many other industries can, Mr. Hayes concluded. Lyn Muench. General Manaaer of the Dunaeness Ovster House (owned by the Jamestown Klallam Tribe) and a. Foundina Member of the. North Olympic Peninsula AQuaculture Association: Lyn Muench said that this document is much improved over the one circulated a year ago. Many technical glitches in the previous document have been improved. She added that the Board has the legislative mandate to pass a responsible document that encourages aquaculture. In addition to the legislative mandate, the Board has the popular mandate, Ms. Muench noted. Dale Bonar. Research Bioloaist: Dale Bonar explained his research on the fisheries on the East Coast and what has happened to it. He further stated that almost 40% of this state's shellfish beds have been decertified and cannot be used for commercial shellfish operations. Aquaculture doesn't pollute, people pollute. Aquaculture is the bell weather of a declining environment. The issue that the County is faced with is a land use issue. Greaa Bonacker. Site Manaaer. Paradise Bay Sea Farms (Salmon Net Pen facility in Port Townsend Bay): Gregg Bonacker stated that environmental issues have been discussed over and over again. In most cases an environmental issue is not being discussed, a land use issue is. The issue of loss of property values is not a real issue. Mr. Bonacker stated that a number of new houses have gone up in Port Townsend since he has been managing the facility there. They have been put up along the bluff overlooking the net pen facility. These homes all sold for more than the house or lots that were there before the farm went in. The North Olympic Peninsula Aquaculture Association will be submitting a letter with a few technical issues that they have concern about. Irene Storkan. Oak Bay resident: Irene Storkan stated that the green tags people are wearing, at this hearing, do not say "No Aquaculture", they say "No Fishpens." She urged that a separate panel be established to deal specifically with fish pens. Paul Havward. Oak Bay resident: Paul Hayward stated that he feels that the aquaculture industry will be strong and growing in the future because it is needed to feed the people. He is concerned because it seems to lack a time frame relationship. In many areas, where applications might be posted for this type of activity, there is existing development within a visual range of the proposed pen. In Oak Bay the development is residential in nature, it is water oriented and everyone there made their investments on what they saw and perceived as the Mure of the area. It is not good policy to have the government change conditions that have existed for a long period of time in an area. Mr. Hayward asked for some provision in this proposed policy to take this into account. It would seem more logical that pens be located in relatively un-developed areas. Jack Ganzhorn. Fisheries Technoloay Instructor at Peninsula Colleae: Jack Ganzhorn commended the County for working hard on this document. A healthy aquaculture industry requires sound biological and economic regulations. He then reported on the fisheries technology program at Peninsula College. He asked the Board to give a definite lIyesll or IInoll answer to the aquaculture industry in Jefferson County. Tracey Schillina. AQuaculture student at Peninsula Colleae: Tracey Schilling stated that she is in favor of aquaculture in Jefferson County. Steve Wirth. AQuaculture student at Peninsula Colleae: Steve Wirth said that he was previously in the logging industry and is now a dislocated worker from that industry who is now learning a new business. . VOL '1 ,.,.,., . ~ r : "nLi¡'-:t' ::e., : . : tr u _ ~),.).'.' .;,&.~ Commissioners' Meeting Minutes: Week of February 11, 1991 Page: 11 Jonathan Davis. Marine Scientist: Jonathan David stated that he has some specific concerns about the floating shellfish culture requirements in this document. He reiterated that aquaculture can serve as a canary in a mine shaft. Ken Brooks. Former Chairman of the Jefferson County Conservation District: Kenn Brooks stated that he is a water quality advocate. The County needs aquaculture for two reasons: 1) the collapse of wild fisheries mean that aquaculture is needed to take pressure off the wild stocks of fish, and 2) it is a tremendous water quality tool. He asked the Board to provide a document that addresses specific problems that can be created by the aquaculture industry and a document that nurtures the industry and encourages it to grow. Bob VanEtten. Marrowstone Island Community Association. Chairman of the Salt Water Committee: Read and submitted letter from Lois Twelves to Board. Mr. VanEtten added that the Marrowstone Island Community Association is for aquaculture, but they are concerned that some forms of aquaculture may have environmental problems and other problems for residents. The most important thing that must be provided in the final document is an opportunity for review of the environmental impacts of major developments and that the public is allowed a chance to review major type of developments. Mr. VanEtten concluded by stating that he wants to make sure that what's developed, is developed in the best interest of Jefferson County. Franz Gruber: Franz Gruber stated that his concerns regarding this proposal relate to salmon net pens. A salmon net pen is an intrusive structure compared to most types of aquaculture. He added that when he looks at what he can do on the waterfront (which is very little), and what the aquaculture proponent can do (which is a great deal), there will be two standards in this County if this policy is passed. One for the taxpayers who live on the waterfront and the other for commercial operators who come in and rent some sea bed and put in a salmon net pen. Stanlev Kadish. Representing the Port Ludlow Lot Owners Association: Stanley Kadish read and presented a petition (approximately 265 signatures) protesting the consideration of and requesting the rejection of the proposed revision of the Jefferson Port Townsend Shoreline Management Master Program. Glenn Battson: Glenn Battson stated that he has owned property on Oak Bay for 40 years, and doesn't. understand why Jefferson County wants to go into business. The beautiful environs and clean, unobstructed, clear water in this County, are its most precious asset. Fish net pens are a visual pollution. June Sinclair, Resident of BYWater Bay: June Sinclair stated that she is an environmentalist and that is her primary reason for objecting to fish pens. People she knows in Scotland were very unhappy with the fish pens there because they pollute the water. Scotty McComb. Resident of Oak Bay and President of the Oak Bay Coalition: Mr. McComb explained that the Oak Bay Coalition is a member of the Marine Environmental Consortium. Mr. McComb then read and submitted his statement. Barry L. Graham (Read by Scotty McComb): Read and submitted a letter from Barry L. Graham. Dr. William J. McDouqall: Bill McDougall stated as a physician he implored the Board to look into the total picture. He said that he is not opposed to aquaculture, but he explained that from his own experience he feels that antibiotic use and environmental genetics need to be researched. Jeffrev Delia. Quilcene: Jeff Delia stated that he has been farming oysters in Quilcene since 1976. This past winter has been a destructive and severe winter and it is tough oyster farming. Mr. Delia then explained the plight of the oyster farmers. He explained that IIno net pensll means that an oyster farmer can not hang old oyster IIclutchll in the water to catch seed oysters. If he has to buy seed oysters it would put him out of business. He asked what a waterfront property owner bought when they purchased their real estate? Did they buy 1,000 feet of view or 100,000 feet of view? . VOl. 17 r~L~ GO' 156 Commissioners' Meeting Minutes: Week of February 11, 1991 Page: 12 Mr. Delia continued by noting that he is worried about the 1,500 feet siting requirement in this proposed policy. That would put him out of business. He concluded by noting that use of the marine waters need to be enhanced. Clean water and aquaculture needs more support, not less. Making aquaculture compatible with other uses of the waterfront is the key if aquaculture of any kind is going to survive. Doua Thompson, Port Luldow resident: Doug Thompson stated that he has been a professional fisheries biologist for 10 years. He complimented the Commissioners on the draft of the aquaculture policy. All the problems, even concerns for visual impacts, can be addressed. The industry needs a chance to proceed. Hank Snelarove: Hank Snelgrove stated that he is a waterfront owner. He asked if his taxes would be lowered if a net pen was put out in front of his house? He asked that the Commissioners really encourage this industry, but not make restriction that would hurt smaller family businesses. Judith Walls, Resident of Oak Bav: Judith Walls commented that she can be considered an environmentalist. She feels that fish pen fish taste like fish pellets (fish food) smell. She noted for areas of concern: 1} objects to the finding of environmental non-significance for fish pens specifically (not shellfish), 2} net pen owners slaughter seals and otters as well as attack other wildlife, 3} does not want to see another bureaucratic agency set up to police compliance with the regulations set up by this policy, and 4} the marine waters are open public areas and these pens are taking up space that are public spaces. Hal Michael: Hal Michael stated that he is an environmentalist with the State Department of Fisheries. He works in the Department's salmon culture division, which operates and maintains fish hatcheries, rearing ponds and net pens. The Department of Fisheries will be making a specific written response but he noted the following: 1} A strong distinction needs to be made between the industry of commercial aquaculture and the operation by governments of enhancement fish hatcheries, rearing ponds and net pens. 2} A categorical exemption for enhancement pens located within or attached to marinas, docks, etc. would be a reasonable alternative to the proposed policy provisions. 3} Most enhancement fish hatcheries and rearing ponds are deliberately located in areas remote from other development. This is necessary in order to obtain the quality and quantity of water which is required for good hatchery practices. It is necessary to construct a facility close to a stream or a river. Mr. Michael concluded by noting that the Department of Fisheries feels that these issues can be worked out to allow adequate environmental protection and the State to meet the demands of the sport, commercial and Treaty Indian fishermen. Jake Johnson, Representina Carl H. Johnson Calms and Oysters, Marrowstone Island: Jake Johnson said that he is a senior in High School, and he does not feel that anyone in aquaculture will do anything that will pollute an area where they are harvesting. He feels that visual guides need to be looked at. Tom Madsen: Tom Madsen stated that he grows a few oysters in Discovery Bay and that he feels that the plan looks real good. He stated a concern that two acres is a small area to grow shellfish in. The size of a facility should be governed by the class of organism being dealt with. Clvde Harris, Oak Bav resident: Clyde Harris said that conflicting information has been given tonight. He asked how the pollutants caused by fish pens will be taken care of? Sam Swanson: Sam Swanson stated that he wants the County to be very careful to make this document specific. For example, on Page 16, number 5 "aquaculture developments shall not be approved in narrow channels, shipping lanes or in other areas where they are an obstacle to navigation." A statement simpler than that could be interpreted many different ways. The most important thing is to not get in a hurry to adopt a program. John Pitts: John Pitts stated that in response to the concern about genetic problems, he did not mean to imply that there are no genetic problems. There is a greater understanding of genetics now than there was in the 1940's and that will continue. John Pitts informed the . VOL 17 t'I,r;- nOJ ,..\)- ~): 1.5? "~ Commissioners' Meeting Minutes: Week of February 11, 1991 Page: 13 Board that the place to look for scientific information on aquaculture is the National Aquaculture Library in Bellsfield Maryland. He concluded by noting that he will be submitting more specific information to the Board. Dave Woodruff: See written statement. Kenn Brooks: Kenn Brooks stated that in many of the issues it is easy to become completely overwhelmed with the information available. Scientist must not only produce information, but they also spend years learning how to ,interpret and use that scientific information. Mr. Brooks added that the interim guidelines need to address specific issues. Fish pens need to be sited and monitored properly. The proponent of a fish pen project should pay for the monitoring. The policy needs to insure that the industry uses technology and meets specific performance standards and where performance standards aren't possible, specific operating procedures. Scotty McComb: See written statement. Gina McMather: Gina McMather submitted written testimony and asked why items have been stricken from the first draft that were more specific than what was left in? Dave Woodruff: See written statement. Franz Gruber: Mr. Gruber asked the Board to make this policy as specific as possibl~ so that it will address the concerns that have been expressed. He asked that the policy specify areas where aquaculture can not be placed. Chairman Denni$on thanked everyone for their attendance and comments. ¡,~, I I MEET~~~~.~D 1i''f.) "'N"""'~'4., " II!..,.....:. 'j " ~ ~ ", ,,"' S ' ¡', ",,,.. ':", '1.1 ":.1,', '" !Í' '~ ' 1\ ,;~ ' ~,I /. i " t 'f \'-Cf'11 I ,';': i'~.<'...., ... J,"~' I,~';'''' ~",/ I , ""Ø' "L..:-,;;~, ," ' .:.'~ . -:-'. '.; ,< .,.... .!/'Þ fiI $ I) ~,' ... ' ;..-"" ~~:~ M Lorna L. Delaney, ~ Clerk of the Board 0 JEFFERSON COUNTY BOARD OF COMMISSIONERS \'1 J .YGL 17 fAE 00' 158'