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HomeMy WebLinkAboutM100587 . _. _I _I JEFFERSON COUNTY BOARD OF COMMISSIONERS I - _I 1_ _I District No. 1 Commissioner: Larry W. Dennison, Chairman 1 - _I District No. 2 Commissioner: B.G. Brown, Member I - _I District No. 3 Commissioner: George C. Brown, Member 1_ -I ,- ~ Clerk of the Board: Jerdine C. Bragg I - _I Public Works Director: Gary A. Rowe 1 - _I ,- -' - MINUTES Week of October 5, 1981 The meeting was called to order by Chairman Larry W. Den- nison, wi th Commissioner B. G. Brown and Commissioner George C. Brown both present. BUSINESS FROM COUNTY DEPARTMENTS: PLARNING AND BUILDING DEPARTMENT State Environmental Poliey Act Review: Salmon Net Pen Project at South Point: OlvmDic Sea Farms. Inc.: Chairman Dennison opened the meeting by commenting that the agenda was rearranged with the Planning Department business being considered in the morning to accommodate the representatives of the fishing industry. Planning and Building Department Director David Goldsmith then reviewed the history of this application for those present. The County current- ly has a moratorium on applications for the siting of new floating mariculture projects, until the Shoreline Management Plan is updated to deal with them. This application from Olympic Sea Farms was received by the County before that moratorium was instituted and the decision made on the application was remanded by back to the County by the State Shoreline Hearings Board due to lack of notice to the local indian tribes. This environmental review is the first step in a long review process that any project on the waters' of the State of Washington must undergo. The Board must decide if there is enough environmental information, with emphasis on the physical environment, to make a decision on this shoreline application at a later date. The Board has three possible courses of action to consider today: 1) A determination non-significance can be issued meaning that the informa- tion p~esented is adequate for future permit review; 2) Ask for additional information; or 3) Find that a significant adverse environ- mental impact will be caused by the project and require that an environmental impact statement be prepared. This review meeting is not a public hearing. A public hearing on this project will be held by .the Shoreline Commission to review the compatibility of the project with the shoreline environment, other kinds of users of the shoreline environment and compatibility with the policies and performance standards found in the Shoreline Management Master Program as it currently exists. Associate Planner, Bob Duffy, then reviewed the environmental checklist for this project which involves the commercial growing of salmon in Hood Canal. The twenty net pens will be located at South Point where the State Ferry Terminal was formerly. The net pen system will be held .. -"'...,'- 13 fAct ~03425 .....: t-Vti1 .,;, ,. Commissioners' Meeting Minutes: Week of October 5, 1981 Page: 2 in place by a series of 300 ton anchor chains and cables and would.be protected by a wave breaker system on the south and east side of the pen complex. The outer most anchor buoy would be placed about 680 feet offshore of the ordinary high water mark. An existing 8 foot by 94 foot long dock would be utilized to gain access to the walkway leading to the pens. A portable container van would be placed on the existing parking area (used by the State Ferry previously). to store feed. The proposal has to go through the following reviews: 1) Environmental Review 2) Shoreline Substantial Development Permit 3) U.S. Army Corps of Engineers Section 10 permit 4) Washington State Department of Natural Resources Aquatic Lands lease 5) Washington State Department of Fisheries Hydraulic project approval and registration for an aquaculture farm. 6) U.S. Coast Guard navigation lighting permit and approval. 7) Washington State Department of Fisheries approval for any import and export or transfer. Mr. Duffy then reviewed the impacts with respect to the various elements of the environment as noted on the environmental checklist and supplemental information. In response to Chairman Dennison's question about the total area of the project, Mr. Duffy reported that the 10.9 acres being leased from the Department of Natural Resource will include the pens, the walkways the wave breaker, the mooring lines, anchor chains and the anchors. Ken Ferjancic, Fish Pro, Inc., representing Olympic Sea Farms, Inc. of Edmonds explained that the applicant was not notified of the meeting time change until today and therefore could not be present. Mr. Ferjancic also noted that information was submitted to the Board, today, by opponents of the project and that makes it difficult for them to respond to that information. He asked that they be given adequate time to prepare responses. Chairman Dennison assured Mr. Ferjancic that the Board had just received the information from the South Point Coalition this morning and that the project proponent will be allowed as long as they feel necessary to answer the questions posed. Mr. Ferjancic added that he feels the applicant should have been notified that the meeting time was going to be changed and a decision about that change should have been made by both parties. Chairman Dennison agreed that the applicant should have been given prior notice. Since this is the first of several reviews of this project, Mr. Ferjancic agreed to proceed with the environmental review at this time. The supplemental information supplied by the applicant was then reviewed by Mr. Ferjancic as follows: Waste Material: There are several sources of waste material: 1) Waste materials generated by the processing of fish- there will be no fish process on site. The fish will be bled on site and then stored on ice and transferred to a processing plant at another location. The bleeding would be done into a container and then that mater ial would be disposed of in the septic tank system on site. 2) Uneaten food and fecal material - generally the material settles down directly below the pens. It was found after studies were conducted after the last hearing on this application that about 30% of the debris from a net pen operation goes to the bottom. This could have an impact potentially, but the degree of impact will not be known until the net pen is in place. There could also be a potential loss Df geoduck in the area. These geoduck are not available for commercial fishing because of the distance from shore and the depth of the water, however, they do have a value as broodstock for puget Sound. The Department of Fisheri.s feels that the applicant could m.itigate for these IO$ses if they do [Vi "13' fict If) 3426 Commissioners' Meeting Minutes: Week of October 5, 1987 Page: 3 occur, through a financial renumeration to the Depart- ment of Fisheries shellfish lab in Brinnon. Noise: There will be automobiles. using the site but there will be less traffic than currently exists. There would be very little boating activity because the pen system is served by a dock. Any generators would be muffled and housed to mitigate their impact. Visual Impact: Information was provided (with photographs) regarding the views of the net pen site. Transportation: The existing dock will be left in place. This application, Mr. Ferjancic noted, was submitted before the Interim Guidelines for Aquaculture Projects were issue by the Department of Ecology and are not subject to their recommendations, however, the project proponent is trying to accommodate those guidelines as much as possible within the constraints of the site. The first year after this project meets all of the requirements and is approved, the entire anchoring system will be installed as well as half of the pen system. The balance of the pen system would be installed the following spring, the work force of approximately eight people would then be in place. The operation will run from about 7:30 a.m. to 5:30 p.m.. An employee will be at the site year around for security purposes. The Atlantic Salmon will be the primary species reared in the pens. They are placed in the pens for an 18 month period after spending 18 months in a fresh water hatchery. Antibiotics: The antibiotics that will be used if there is an outbreak of any bacterial diseases, are approved by the FDA for use in fish feed. There will not be any steroids or hormones used in this operation. A special diet food will be stored on the site in refrigerated unit. Maintenance of Nvlon Nets: The nylon nets will be rotated and dried to keep algae and other organisms from growing on them. Predator Control: Bird nets will be place on top of the pen system to keep predatory birds from getting at the fish. These nets will be maintained. Dead fish will be removed from the pens daily to prevent problems with dog fish. Environmental MonitorinQ: A detailed monitoring program has been recommended by the Board and the Shoreline Commission. In addition the Washington State Department of Fisheries would like to be a part of the monitoring program. Mr. Ferjancic concluded his review of the supplemental information by noting that the commercial fishing operations 'are monitored and the responsibility of the State Department of Fisheries and the local Indian Tribes. There is a commercial fishery in this area of Hood Canal which is known as area 12. It extends from the Hood Canal Bridge to the end of the Toandos Penin~ula. Two basic types of fishing are done in Area 12: purse seine fishing and drift gillnet fishing. The Department of Fisheries does not know who is fishing at South Point or how many boats are fishing in this area. Chairman Dennison asked if the Department of Fisheries has any informa- tion on the possible restriction of fishing in the South Point area that these fish pens would create? Mr. Ferjancic stated that the Department of Fisheries has advised him that they do not have respon- sibili ty for the conflict between net pens and commercial fisherman. The project proponent has met with the Indian Tribes that are most effected by the project (the Port Gamble Tribe and the Skokomish Tribe - which are both part of the Point No Point Treaty Council) and they have discussed their concerns. The Port Gamble Tribe does have concern l~. 13 fAct IJ 3427 Commissioners' Meeting Minutes: Week o.f October 5, 1987 Page: 4 about the effect on the commercial fishing in this area, however, the Skokomish Tribe does not fish that far north. The Coho salmon season in 1986 was from September 5 to October 15, with the Chum season running from October 15 to November 20, 1986. Based on the numbers of fish caught, Mr. Ferjancic reported, 50% were caught by gillnetters and 50% by purse seiners. The discussion then continued regarding the information on the fishing season obtained from the Department of Fisheries. The drift gillnet fisherman counted in area 12 over the 30+ days of the 1986 season were as follows: northern end of area 12 (which includes South point) - 102 boats; 66 in the central pO,rtion of area 12 and 34 boats were counted inihe southern portion of the area. During the Chum season there wer four boats that were identified as being near South Point. Another ay there were 14 boats in the general vicinity of South Point. During the Coho season there was one boat located there. Chairman Dennison reminded those present that this meeting is not a public hearing. Gina McMather, representing the South Point Coalition, then read from her written statement and the following items were discussed: 1) Geoduck Protection: Is it acceptable to have the geoduck broodstock written off in this manner? 2) Conflict with Commercial Salmon Fishina: The Department of Fisheries joined the action of the South Point Coalition to have the State Shoreline Commission review this permit because of the geoduck concern and because of the conflict with the existing commercial fishing in the area. In 1984 Area 12 accounted for 26% of the total Chum commer- cial catch. In 1985 it ranked second. This is a major fishery. Chairman Dennison stated that the statement made by Ms. McMather about displacement of this fishery by the net pens needs to be verified. Ms. McMather suggested that the Board ask the fisherman where they fish because they are the ones being displaced. The puget Souqd Gillnetters Associa- tion, the Purse Seine Vessel Owners Association and the Skokomish Tribal Fisheries Manager all support the position of the South Point Coalition. 3) Impact on Views: water landscape. A fish pen is a very discordant note in a It will have a major impact on a view. 4) Use of the Ferrv Dock bv the Washington State Department of Transportation: Ms. McMather stated that she spoke with a representative of the DOT who advised that the ferry dock facility could not be shared with the fish pens. 5) Fish Diseases: No mention is made in the checklist of the types of diseases which may be expected to occur among a captive salmon population. Ms. McMather would like more information from the project proponent on their experience with fish diseases at their Cypress Island fish farm. 6) Harvesting of Sea Cucumbers: No mention was made of the harvesting of sea cucumbers in the environmental checklist. Ms. McMather urged the Board to read the SEPA. rules before making a decision. She also asked the Board to consider what is really known about the fish pen operations that already exis,t in this county. "How do we know that the operations are conforming to their permit? How do we know that the marine environment is not being degraded? How do we know that dangerous diseases aren't running rampant right now?" she concluded. t vo( 1"3 rACE 1'r 3428 ~" ...__-:.-:e' ~.- . Commissioners' Meeting Minutes: Week of October 5, 1987 Page: 5 Judy Dobszlinsky who, along with her husband, runs a purse seine boat on Hood Canal, stated that purse seiners do have a stake in this issue and they do have concerns. The Purse Seiners Association depends on the availability of the shoreline for their fishery. Certain locations provide just the right configuration and tidal action that make a productive set. South Point is one of those locations, and has been fished by both treaty and non-treaty fishermen for many years. If shoreline access is taken away from the fishermen, then the ability to support all of the fishermen and their families (there are up to five crew members on a vessel) is also taken away. If the County wants more information on the impact to the commercial fishing industry they need to talk to the fishermen, not the Department of Fisheries. Bob Hull, resident of Cape George, drew the Board's attention to the Determination of Significance made by four State Agencies (with the Department of Fisheries being the lead agency) which has determined that the generic proposal for fish cultured floating net pens is likely to have a significant adverse impact on the environment. Mr. Hull also urged the Board to read the report by Dr. Arthur H. Whiteley (Some Relationships between pathogenic bacteria and salmon net pen culture"). Mr. Hull also pointed out that the antibiotics used to treat fish reach other sea life such as clams along the shore. The use of these antibiotics is FDA approved, under certain conditions. Assessor, Jack Westerman, asked if the possible impact to surrounding property values is reviewed in the environmental checklist? David Goldsmith reported that property values are not a part of the environ- mental checklist. This issue will be considered when the shoreline permit is reviewed. Byron Swigart, a Bridgehaven property owner, stated that Bridgehaven and the Trails End area are established residential areas with beaches, a marina and numerous homes. There is a substantial investment by hundreds of property owners, that would be jeopardized. The experien- ces that Bridgehaven has had relative to the tidal action in that area and the operation of the ferry when the Hood Canal Bridge sunk in 1979, created substantial problems. The tidal flow in that area washes down across the beaches of Bridgehaven and into the marina. The debris from these net pens would create a substantial health hazard in the Bridge- haven community. This is a prominent residential area that will be adversely impacted by these fish pens, at the expense of local property owners. Fish pens at the expense of an existing fishing industry or at the expense of the ci tizens and taxpayers of the County is not an acceptable proposition. "I am not against fish pens, per se, but I am against them in certain areas that have major impacts," Mr. Swigart stated. He also said he feels an Environmental Impact Statement should be done which would address the impacts to the environment, the established residential community, the property values, the citizens in the area and the existing fishing industry. Commissioner B.G. Brown asked what items should be covered in an Environmental Impact Statement that have not been covered in the environmental checklist? Gina McMather responded that an environmental impact statement would go into the issues raised by the project opponents in greater detail. More information on an issue raised, Commissioner B.G. Brown added, can be asked for from the environmental checklist. The discussion continued regarding the difference between an environmental checklist and an Environmental Impact Statement. An environmental impact statement is needed, Byron Swigart added, to include the financial impacts to a major residential area. The noise and health (antibiotics and residue) impacts also need to be addressed. There are a number of areas that need to be looked at more carefully. Gina McMather quoted from the SEPA rules for a determination of non- significance as follows: "if the responsible official determines that there will be no probable significant adverse environmental impact from a proposal the lead agency shall prepare and issue a Determination of Non-Significance. II A mitigated Determination of non-significance is "to allow clarifications or changes to a proposal prior to making a , ~ 13 fACE - 0 3429 [vorl , . Commissioners' Meeting Minutes: Week of October 5, 1987 Page: 6 threshold determination." A determination of significance and initia- tion of scoping "if a responsible official determines that a proposal may have a probable significant adverse environmental impact, the responsible official shall prepare and issue a determination of significance." Assessor Jack Westerman referring to a letter he wrote dated July 23, 1986 regarding the impact to property values advised that the last paragraph indicated that each proposal would have to be considered individually as to what possible impact it would have on property values in an area. The Assessor went on to state that this letter was written with regard to a low bank waterfront area. The Board needs to review this possible impact for this project. The discussion continued regarding the issues and if they would be addressed better by an environmental checklist, an environmental impact statement or by the public hearings on the shoreline permit. Commis- sioner B. G. Brown moved to ask the project proponent for further information from a list of concerns that will be developed based on the concerns that were discussed today. This list will be developed with the help of the Planning Department staff by October 19, 1981. Commissioner George Brown seconded the motion. Setback Variance ReQUest: 190 Beckett Point Road; Bill Smith: David Goldsmith reported that Mr. Smith is asking for a ten foot setback variance from the right-of-way of Beckett Point Road for placement of his garage. The neighbors on either side of Mr. Smith have their garages setting ten feet back from the right-of-way. Commissioner B.G. Brown moved to approve the setback variance as requested by Mr. Smith. Commissioner George Brown seconded the motion. Water Qualitv Staffina: The funding has been received, David Goldsmith reported from the State Department of Ecology Water Quality grants and staff needs to be hired to do this work. Janet Welch, who performed this work under contract previously would like to be hired as a County employee to do this work. The salary would stay the same as last year but the County would have to pay their share of Workmen's Compensation, Social Security and pension benefits as well as medical coverage. David will get the pertinent information on this from the Auditor's Office and discuss it further with Janet Welch. Vacaney on the Plannina Commission: The vacant position on the Planning Commission has not be advertised, David Goldsmith reported in response Commissioner George Brown' sinquiry. Commissioner George Brown stated concern about not having equal representation on the Planning Commission from his district. David will arrange a meeting between Commissioner George Brown and the Chairman of the Planning Commission to discuss this matter. PUBLIC WORKS DEPARTMENT Initiatina CR0149: Road WideninG and ImDrovement Project: UDDer Soh Road: This road widening and drainage improvement project on the Upper Hoh Road is from milepost~ .32 to 2.08, Public Works Director Gary Rowe reported. The total project is estimated to cost $330,500.00 of which $220,400.00 will come from rural arterial program funds. Commissioner B.G. Brown moved to approve and sign Resolution No. 82-81 ini tiating CRf6749 for the Upper Hoh Road. Commissioner George Brown seconded the motion. Easement AGreement ProDosed bv GeorGe Cotton re: Moore Street. Irondale: Gary Rowe reported that he has met with Prosecuting Attorney John Raymond and Attorney Tom Majhan who is representing Mr. Cotton regarding Mr. Cotton's proposed easement agreement. Since there isa question regarding the ownership of the portion of road that this easement is being proposed for, Gary Rowe reported that he advised Mr. i"vat! 13 ~ACEID 3430 Commissioners' Meeti Minutes: Week of October 5, 1987 Page: 7 Cotton's attorney th t it would not be proper for the County to accept this easement. Ga y Rowe recommends that the Board request a legal opinion from the Pr secuting Attorney regarding the evidence that this road has been mainta ned by the County since 1956 and whether it can be claimed by the Count and listed on the County Road Log. Commissioner George legal opinion on t motion. to ask the Prosecuting Attorney for a Commissioner B.G. Brown seconded the ~ Tele one regarding the seven system for the Coun narrowed down to t Corporation. He t offering to provid Telex Communication S stem Pro osals: Gary Rowe updated the Board proposals that were received for a new telephone y. He advised that they have been reviewe.d and 0, one from A.T. & T. and the other from Telex en explained what each of these companies are and recommended that the contract be awarded to Products, Inc. for their Telex 1001 VS System. Commissioner B.G. Commissioner George moved to award the contract as recommended. seconded the motion. Selection of Architect for the Port Townsend Communit Center: Miller/Hull Partnership, Architects were selected for the Port Townsend Community enter project, Gary Rowe reported. They will be working out the ini ial scope of work and estimating the cost of that work. Center Board A ointments: The terms for the entire me bership of the Port Townsend Community Center Advisory Board hav expired, Gary Rowe reported, and asked if this Board should continu to operate along with the Project Advisory Board? These two groups are functioning wi th some members serving on both Boards. The Board directed Gary Rowe to discuss the possibility of dissolving the Board of Advisors or consolidating these two Boards with the members. Need for Stem at Hadlock ShOD: The high pres ure washer at the Hadlock shop is in constant need of repair because 0 excessive use. The suggestion has been made by Bob Nesbitt, County Engineer, to take that system to the West End shop where it will not be used as much and purchase a new one for the Hadlock shop. Thre bids have been received ranging from $3,400.00 to $3,515.00. After d'scussion of the need at the various sites for a pressure washer as ell as the need for a hot water washer, the Board directed Gary Rowe t check further into these systems. SUPERIOR COURT CONTRACT r Public Defender: Co for providing indi Jefferson Public D seconded the motion. :1988 Indi ent Defense Serv ces. Clallam 3efferson issioner B.G. Brown moved to approve the contract ent dafense services in 1988 with the Clallam fender as presented. Commissioner George Brown COOPERATIVE EXTENSION CONTRACTr : Personal Services A endix A Amended: Washin - ton State Universi Coo erative Extension: Commissioner B.G. Brown moved to approve the personal services contract amendment with Washington State U iversity Cooperative Extension for the partial funding of the Coun y Extension Agents position. Commissioner George Brown seconded the m tion. ~ j [VOl 13 ~ACf 1 D3431 '. .' , A Commissioners' Meeting Minutes: Week of October 5, 1987 Page: 8 BoMAN SERVICES CONTRACT re:#2200-061888 Amendment #1 Additional Developmen- tal Disabilities Fundina: State DeDartment of Social and Health Services: Commissioner B. G. Brown moved to approve Amendment #1 to Contract #2200-061888 with the State Department of Social and Health Services for additional developmental disabilities funding. Commis- sioner George Brown seconded the motion. HEALTH DEPARTMENT Payment reQUest; Kala Point Villaae Emeraencv Trust Reserve Accounts: The billing presented for reimbursement of payment for septic system repairs by the Kala Point Village Association in the amount of $1,342.65 was approved by motion of Commissioner B.G. Brown, seconded by Commissioner George Brown. This payment will be taken out of the Kala Point Village Emergency Trust Reserve Account. * * * ReaDDointments to the Tri Area Community Center Advisory Board: The following members were reappointed to serve two year terms on the Tri Area Community Center Advisory Board by motion of Commis- sioner B.G. Brown, seconded by Commissioner George Brown: Ralph Hall Pat Gould Term will expire 9/1/89 Term will expire 6/12/89 ReaDDointment of Member to the Civil Service Commission: Chert Dalgleigh was reappointed to a six year term on the Civil Service Commission for the Sheriff's Office by motion of Commissioner B.G. Brown, seconded by Commissioner George Brown. The Minutes of September 21, 1987 were of Commissioner B.G. Brown, seconded by JEFFERSON COUNTY BOARD OF COMMISSIONERS '- SEAL L rry Chairman ~ B.G. Brown, Member ATTEST: -\~~~ George C Brown, Member . lvot 13 rACE 0- 3432