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HomeMy WebLinkAboutM011988 "'1- 1c ~ ,le, ~I liiil lei lei -I lei RI _I _I _I B' .1EFFERSON COUNTY BOARD OF COMMISSIONERS B B - ~ Clerk of the Board: Public Works Director: 3erdine C. Bragg Gary A. Rowe liii - - - - B - - - District No. 1 Commissioner: District No. 2 Commissioner: District No. 3 Commissioner: Larry W. Dennison, Member B.G. Brown, Chairman George C. Brown, Member M I NUT E S Week of 3anuary 19, 1988 The meeting was called to order at the appointed time by Chairman B.G. Brown. Commissioner Larry W. Dennison and Commissioner George C. Brown were both present. HEARING re: Pro'Posed Budaet ADProDriations. Various County Deoartments: The following departments have requested budget ap- propriations: Solid Waste Fund $6,000.00, Brinnon Senior Center $32,300.00, Planning Commission $45.00, Shoreline Commission $300 . 00, Building Inspection $70.00, Coroner $57.00 and Clerk $1,337.00, the Chairman reported and then opened the public hearing. Hearing no comments for or against the proposed appropriations, the Chairman closed the hearing. Commissioner Dennison moved to approve and sign Resolution No. 9-88 ordering the budget appropriations as requested. Commissioner George Brown seconded the motion. The motion passed by a unanimous vote. AGREEMENT re: ODeration of the Brinnon Motel and AGREEMENT re: Ooeration of the Tri Area and Quilcene Community Centers: Clallam .1efferson Communitv Action Council: Commissioner George ~rown moved to sign the agreements with Clallam 3efferson Community Action Council as presented for operation of the Brinnon Motel and the Tri Area and Quilcene Community Centers. Commissioner Dennison seconded the motion. The motion passed by a unanimous vote. AGREEMENT re: Fundina for 1988: .1efferson County Economic Development Council: Commissioner Dennison moved to approve the contract wi th the Jefferson County Economic Development Council for funding in 1988 as submitted. Commissioner George Brown seconded the motion. The motion passed by a unanimous vote. AGREEMENT re: Fundina for 1988: peninsula Development Association: The contract for $3,750.00 in funding for the Peninsula Development Association was approved by motion of Commissioner Den- nison, seconded by Commissioner George Brown. The motion pa~sed by a unanimous vote. ApDlication for Dance License: Discoverv Bay Tavern: Commissioner George Brown moved to approve the 1988 dance license for the Discovery Bay Tavern. Commissioner Dennison seconded the motion. The motion passed by a unanimous vote. VOl 14 ~AG€ o 234 Commissioners' Meeting Minutes: Week of January 19, 1988 Page: 2 .1efferson County Soil Conservation District Reauest for PaYment of Funds Allocated for 1988: The Conservation District is requesting the $8,239.00 allocated to them in the 1988 budget. Commissioner Dennison moved to table action on this request until it is determined if the Conservation District would like this amount in one lump sum payment. Commissioner George Brown seconded the motion. The motion passed by a unanimous vote. Homer Smith III re: Law Enforcement and Errors and Omissions Insurance: Homer Smith III reported that in the past the policy period for the errors and omissions and the law enforcement insurance policies have run from November to November. The new policies issued last November were issued by the insurance company to expire in March like all of the rest of the county's policies. Homer Smith asked if the Board would like this expiration changed back to November. The Board concurred to leave the March expiration on the law enforcement and errors and omissions coverage, as they were issued. BUSINESS FROM COUNTY DEPARTMENTS BUMAH SERVICES CONTRACT re: Personal Services. Mental Health Counselina: Marsha Zaritskv: Commissioner Dennison moved to approve and sign the personal services contract with Marsha Zaritsky to perform mental health counseling services for the Human Services Department. Commis- sioner George Brown seconded the motion. The motion passed by a unanimous vote. HEALTH DEPARTMENT CONTRACT re: Professional Services; Nursina. Senior Citizen and Handicaooed Persons Foot Care Proaram; Mvrtle Corey: The contract wi th Myrtle Corey to perform professional nursing services for the Health Department Foot Care Program in 1988 was approved by motion of Commissioner Dennison, seconded by Commissioner George Brown. The motion passed by a unanimous vote. PUBLIC WORKS Thomas Majhan. Attornev for Georae Cotton and Interested Persons re: Moore Street. Irondale: Public Works Director Gary Rowe reviewed what has happened regarding Moore Street over the past few months for the Board and the 20 interested citizens present. George Cotton has offered to deed 100 feet of sixty foot wide right-of-way at the foot of Moore Street to the County. Gary Rowe recommended that the Board adopt a resolution to change the official county road log to include the portion of Moore Street that was originally on the road log. This would include all of Moore Street from the intersection of Seventh Avenue (mile post O) to approximately where the road ends at the log dump by the creek (mile post 0.90). The Prosecuting Attorney was advised of this recommendation and found it to be acceptable. If this portion of Moore street is put on the County Road Log then the deed offered by Mr. Cotton can be accepted and recorded, so the County will have title to the that portion of the right-of-way and the balance of it can be claimed by usage. Any portion claimed by usage would only be as wide as the maintained portion. This resolution would establish Moore Street on the Road Log as it was prior to prior to 1980. If this road is to be maintained a meeting to discuss heavy equipment using the road will have to be arranged with Port Townsend Paper Company and/or Evergreen Fiber. VOl 14 r~f,~ ~. 235 . , Commissioners' Meeting Minutes: Week of January 19, 1988 Page: 3 Chairman Brown asked how much distance there would be from the end of Moore Street to the creek? Gary Rowe reported that the road is maintained to a point within 10 to 20 feet of the physical drop off to the creek. If this road will not serve the purpose of providing the public access to the creek, Chairman B.G. Brown noted, that must be taken into consideration before the County decides to accept the liability and the responsibility for its' maintenance. The County could vacate this road at a later time if it is found that the access to the creek is not being provided or if a better way to give the public this access is found. Tom Majhan, Attorney, representing George Cotton stated that putting this road on the road log doesn't necessarily make it a county road. This road was vacated in 1910. Adding this portion of road to the county road log to establish it as a county road, is a legal question. Dale Judv stated that in checking the Courthouse records, they say that the road is dedicated to the people forever. Chairman B.G. Brown added that the interpretation of that document is a legal question and may have to be settled by the Court. John Worthington stated that his ancestors were born and raised across from the creek and he has concern that a historical site will be closed off. The Hicks family lived in this location. Greg Wright asked if closing this portion to public access would affect the public being able to cut firewood from the log yard salvage? Chairman Brown reported that would be an issue with the private property owner. Bill Matheson, representing the Snohomish Tribe of Indians, stated that the Snohomish Tribe has a membership of 900 and Mr. Worthington is also representing them. Mr. Matheson presented a written statement to the Board stating the Tribes opposition to the County closing any of the roads leading to the beach area in Irondale. Commissioner Dennison moved to approve and sign Resolution No. 10-88 adding East Moore Street to the Official County Road Log. Commissioner George Brown seconded the motion. The motion passed by a unanimous vote. AGREEMENT re:SW0752. First Phase of Desian Work for County Landfill; R.W. Beck. Consultant: This agreement will include, Gary Rowe reported, design work, geological study, and methane gas monitor- ing wells at the County landfill for a tot,al estimated cost of $96,940.00. Thirty percent of the work is to meet the State Department of Ecology requirements for landfills. After considerable discussion of the State regulations for landfill and the best way to proceed with the work that is required, Commissioner Dennison moved to approve the agreement with R.W. Beck for the first phase of the design work for the County Landfill. Commissioner George Brown seconded the motion which carried unanimously. AGREEMENT re: Time Extension, Radiator Control Grant: Washington State Enerav Office: A two month time extension is being requested from the Washington State Energy Office on the grant for the installation of radiator controls in the Courthouse. Commissioner Dennison moved to approve the grant agreement amendment for the grant with the Washington State Energy Office as submitted. Commissioner George Brown seconded the motion which carried by a unanimous vote. AGREEMENT re: Amendment: Lease of Air Soace for Brinnon Senior Center: · Washing-ton state Deoartment of Transoortation: Gary Rowe reported that this amendment, if approved, will allow the County to pay rent of $120 annually for the air space above the parking lot at the Brinnon Senior Center, instead of per quarter as previously agreed. 'JOL 14 ~AGt 0" 236 . . Commissioners' Meeting Minutes: Week of 3anuary 19, 1988 Page: 4 Commissioner George Brown moved to approve the agreement amendment for the lease of air space at the Brinnon Senior Center as presented. Commissioner Dennison seconded the motion. The motion passed by a unanimous vote. CONTRACT re: West End Fuel 1988: Wes' Wholesale: Commis- sioner Dennison moved to approve and sign the contract with Wes' Wholesale Distributors for supplying petroleum products to the West End for 1988 as proposed. Commissioner George Brown seconded the motion which carried by a unanimous vote. CALL FOR BIDS: Crushina and Stockoilina Gravel for the 1988 Oilina Proaram: The b1.d call was approved and the bid opening set for 10:30 a.m. Tuesday February 16, 1988 for the crushing and stockpiling of gravel for the 1988 oiling program on the motion of Commissioner George Brown, seconded by Commissioner Dennison and passed by a unanimous vote. prooosal for Cuttina and Courthouse: Gary Rowe reported received for cutting and removing the Courthouse: Michael Rock. M & N Welding Bill Perka, American Ocean Services Removina Cell Blocks in Basement of that the following proposals were the cell blocks in the basement of $2,700.00 plus tax 6,600.00 " " The contract for removing the cell blocks in the basement was awarded to Michael Rock, M & N Welding for $2,700.00 plus tax as recommended by the Public Works Department on the motion made by Commissioner Den- nison, seconded by Commissioner George Brown and carried by a unanimous vote. Prooosal for Paintina the Third Floor Conference Room: The proposal for painting the third floor conference room in the Courthouse submitted by Charlie O'Shea in the amount of $1,972.74 was accepted as recommended by the Public Works Department on the motion of Commissioner George Brown, seconded by Commissioner Dennison. The motion passed by a unanimous vote. Prooosal for Remodel of Clallam 3efferson Communi tv Action Council Offices in the Multi-Services Buildina: Gary Rowe reported that the remodeling work proposed by the Co~unity Action Council for their offices in the Multi-Services BUilding !has been reviewed and the Public Works Department recommends that t4e contract be awarded to Sukert Construction who submitted the loW proposal of $3.242.62. Commissioner George Brown moved to accept the proposal and award the contract to Sukert Construction as recommend~d. Commissioner Dennison seconded the motion. The motion passed by a Unanimous vote. TREASURER Statement of Receiots and Disbursements from October 1. 1987 to December 31. 1987: Commissioner Dennison moved, and Commissioner George Brown seconded the motion to approve ~nd sign the certification of the Receipts and Disbursements from Octob~r 1. 1987 to December 31, 1987 as submitted by the Treasurer. The mot!ion passed by a unanimous vote. . PLANNING Continuation of Environmental Review: Fish Rearina Pen Prol)osal. South Point: OlYmpic Sea Farms :1 Planning and Building Department Director, David Goldsmith, reviewed the previous activities I, VOL 14 1 , ~ACt ! rOo 237 . Commissioners' Meeting Minutes: Week of 3anuary 19, 1988 Page: 5 on this proposal by Olympic Sea Farms to install and operate a fish rearing pen operation at South Point. (See also Minutes of October 19, 1987) During the last review the Board asked for more information on the following items: 1) Conflict with capture fisheries in the South Point area and 2} Potential for drift carrying sediment from the fish pen area to the property at Bridgehaven. He also submitted a package of information to the Board that included the response from Fish Pro, Inc. regarding this request. Chairman Brown read the written statement submitted by the Sierra Club, Cascade Chapter. Gina McMather stated that Mr. Wennekens who signed the Sierra Club letter, has a PhD in Oceanography from the University of Washington and is retired from the U.S. Fish and Wildlife Services where he served as a Resource Contaminant Assessment and Pollution Con~rol Coordinator. He feels that the information that Olympic Sea Farms submitted is not sufficient. Gina McMather then read and submitted a written summary of her com- ments. She also stated that the summary diagram of 1987 from the Washington state Department of Fisheries should not be admitted into consideration at all because it ends just as the harvest in area 12 is reaching its' peak and fishing activity is most intense. The issue of the validity of using fly over figures regarding fishing activity in a particular spot, Ms. McMather stated, is that fly over figures can denote the approximate location of individual boats but does not show where nets have been set in relationship to the vessel. A gillnetters net is usually one third of a mile long and the gillnetters and purse seiners drift (sometimes up to three or four hours) with the tide in the course of making their sets. An accurate assessment can not be made as to which of the boats will or will not fish through the proposed pen site in the course of their set. After discussion on the tidal currents in the South Point area and how that effects the gillnet fishing, Commissioner Dennison asked how close the end of a net would normally be to the beach? Ms. McMather re- sponded that it would depend on how deep the net is and how close to the shore the bottom drops off. etc. Paul __ stated that the net he fishes with currently goes down seventy five feet. Another lady added and that a purse seiner can put his skiff right on the beach. Mr. Ferjancic's conclusion that the activity of the fishery in the South Point area appears to be relatively light, Ms. McMather added, is not correct. The intensity of fishing activity below the Hood Canal Bridge and the fishing techniques involved, support a conclusion that the area is heavily fished. Ms. McMather then explained the contents of the information packet she presented and noted that she did not have time to include maps that would mark out any areas that could not be fished if the fish pen facility is located at South Point. Chairman B.G. Brown asked that she submit that information as soon as possible. Frank Fletcher, President of the puget Sound Gillnetters Association, explained that when there is a stationary object in the drift path of the fishing boat and net, it creates more work for a one man operation to pick up the net to avoid it. When you have to pick up your net prematurely to avoid an object you are not going to get as many fish. Under certain condi tions created by weather or crowding, an obstacle such as this can become dangerous. Mr. Fletcher added that if this fish net pen goes in at South Point, the gillnet fisherman will lose one third of the drifting area for fishing over what they have had 'previously. The optimum fishing set is from an hour before slack water (change of tide) until the tide turns. Mr. __ explained that purse seine fishermen set their nets for 20 to 30 minutes at a time. When the net is out you have to worry about drifting into objects. The data that Sea Farms submitted indicates that purse seining at South Point is not active but that is not the case. The South Point area has a clear bottom which makes it a good place for purse seine fishing. VOL 14 rAft~ n 238 Commissioners' Meeting Minutes:, Week of .1anuary 19, 1988 Page: 6 Lee Hightower who not only fishes for salmon but also fishes for herring, stated that the purse seine net for herring is only 200 feet long. Mrs. Hightower said that she agrees with the concerns about the fish pens being located at South Point but she is more concerned that they may be located at Squamish Harbor. There has been a herring fishery in Squamish Bay for over 100 years. 70 to 75% of their income is from herring fishing in Squamish Bay. Since salmon are natural predators of herring, they are concerned that the herring may not come into the Bay with the salmon pen in the it. The Chairman then asked the project proponent to respond to the concerns as presented. Ken Fer jancic stated that wi th regard to the last comment about herring, the site under consideration is at South Point. He added that it is difficult to respond to data that has been added today. The Chairman asked if there is anything that they feel they would need more time to prepare a response? Mr. Ferjancic said that they responded to the questions that the Board asked at the last meeting. He added that the Washington State Department of Fisheries data is the only data available on the commercial fishing operations in the South Point area. His letter was an attempt to summarize the data and try to make it clear for the Board. This data is the only unbiased data available. To put the concerns noted by the commercial fishermen in perspective is difficult. These fishermen certainly have other motives, Mr. Ferjancic continued. If the only issue was that the net pens create an obstacle for the commercial fishery then we would sit down with them to work out a way to make the fish pen design better. The motives are more economic in the broad sense of commercial fishing as opposed to fish farming. It makes it difficult to find the right information. Mr. Paul ___ stated emphatically that this fishing area is very important to the commercial fishermen, who have lost fishing areas ever since the Bolt Decision. There is not room for that fish pen in area 12. In response to the Sierra Club comment, Mr. Ferjancic explained that they have looked at sedimentation drift in an attempt to provide information on the possibility of drift depositing sediment in front of the entrance to Bridgehaven and causing the community to have to do some dredging. Their conclusion is that you will not find material on the bottom anywhere near the opening to Bridgehaven. Mr. Kenneth 30hnson, resident of Port Townsend, then read a statement a portion of which follows: .. As a commercial off shore long liner, I have no vested interest in any salmon fishery, whatsoever. Neverthe- less, I am a member of the South Point Coalition for a number of reasons: 1} Considering the financial state of the nation and the county I see no reason to send any profits to any foreign country, 2} It is my opinion that commercial fisherman form an important income base for 3efferson County, in the form of direct and indirect pur- chases, taxes. court fees. etc., 3} It has been demonstrated to my satisfaction that the South Point drift is an important producer for all puget Sound gillnetters, 4} Several of my friends are drift gillnetters and purse seiners and I would rather not see them hurt, 5} I have heard that residents of the area don't want to look at fish pens. and 6) Continuity between the County and a portion of the electorate could be impaired. I oppose any action which would or might allow construction and/or operation of any salmon rearing pens in the South Point vicinity and I further oppose such foreign owned facility anywhere in puget Sound." Commissioner Dennison explained for those present at this meeting that the Board is not going to make a yes or no decision today on this proposal. The Board is to make an environmental threshold determina- tion which could be one of non-significance or one of significance which would require that an Environmental Impact Statement be prepared. The next step, regardless of the action taken today, will be the deliberation on the shoreline permit application. VOl 14 ~A(;~ o 239 '. Commissioners' Meeting Minutes: Week of 3anuary 19, 1988 Page: 7 Chairman B.G. Brown stated. after discussion of the environmental and permitting process for this application, that the main reason that this project is being considered again. after being approved previously, is that the permit was appealed to the State Shorelines Hearing Board where it was discovered that the Indian Tribes were not properly notified of the application and so it was remanded back to the County to review again. The Indian Tribes have been notified this time. but no comments have been received from them. Commissioner Dennison added that the information presented has indi- cated to him that there is a conflict between the salmon pens and the commerc'ial fishing in the area. but how much the commercial fishing in Area 12 will be impacted by this proposal for the South Point area is not indicated. More definitive data is needed on, 1} to what extent the configuration that has been presented is an irreconcilable obstacle to the fishermen and to the viability of area 12 as a commercial fishery and, 2} if there is any way to configure the fish pen proposal so that it would not conflict with this fishery. Commissioner Dennison then asked the fishermen present if they are opposed to fish pens anywhere or just at this site? The fisherman stated that they are opposed to the project at this site. Gina McMather reported that the South Point Coalition has taken an official stand that they oppose the project at this site. Discussion continued regarding possible reconfiguration of the site. David Goldsmith reported that a reconfiguration of the pens would probably not meet the State's interim guidelines. Commissioner Dennison moved to issue a determination of non-significance and lead agency status for this project and asked that before the Shoreline Permit process is started the County gather more information on the conflict with the commercial fishery in the South Point area. Commis- sioner George Brown seconded the motion for the purpose of discussion. He then stated that if the State would open more area for the commer- cial fishermen to fish than there would not be as much impact on the commercial fishery. Commissioner George Brown added that he feels the Department of Fisheries should be included in these deliberations, especially since the State is advocating fish pen projects in the waters of the state. Chairman Brown stated that the County, the fishermen and the project proponent have all asked for help from the State Department of Fisheries and the information that they have received is poor. Commissioner Dennison added that asking the project proponent to come up with this information will not solve the problem in the minds of the fishermen. and he is proposing that the County gather that information. Chairman B. G. Brown called for a vote on the motion, which carried unanimously. Petition for a "Smoke Free" Courthouse: Penny Henderson from the Planning Department presented a petition with asking that the Board declare the Courthouse "Smoke Free". Chairman B.G. Brown explained that the Courts have asked that the second floor hallway, outside the Courtroom, be a designated as a smoking area for the benefit of the jurors and the public that come to the Court. The Board accepted the petition and will make a determination on this matter at a late~ date. * * * Budaet Transfers: Various County Deoartments: Commissioner George Brown moved to approve Resolution No. 11-88 ordering the budget transfers are requested by the following departments: Board of Equalization, Building Inspection, Cooperative Extension. District Court, Facilities Management, Health, Human Services, .1uvenile/Fam~ly Court Services. Non-Departmental, Park and Recreation, Planning and Community Development, Prosecuting Attorney, Sheriff, Shoreline Commission and Treasurer. Commissioner Dennison seconded the motion which passed by a unanimous vote. VOl. 14 r~r,r n .. 240 .~ .. t . ::,':""":: - ":,::': ",' ::',,':i Commissioners' Meeting Millutes: Week of 3antrary 19, 1988 Page: 8 Budqet Transfer: ,COUD.ty"'CJ.erk:. , CommissiC)ner Dennison moved to approve and sign Resol'titionRo.12-88.authoriz:J.ng the budget 'transfer requested' bYi'the ,countycle:J:'k.Commi$sionerGeorge Brown seconded the motion. nThe motion passed by a unaniJII.C)llS vote. MEETINGAD.10URBED 3E!'FERSON. ,.COUNTY' BOARD OF COMMISSIONERS ~ B:G. Brown, Cha.i,rllliit.n J'erd.ine C. r g Clerk 'of the Board - c \101 1.4 f'6ft.r ,1: , 24.1-