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HomeMy WebLinkAboutM090886 It.. ,,.' .. - _I 1 - ., 3EFFERSOH COUNTY BOARD OF COMMISSIONERS , - -I , .. _I District No. 1 Commissioner: Larry W. Dennison, Chairman I - -, District No. 2 Commissioner: B.G. Brown, Member I - _I District No. 3 Commissioner: (Position Vacant) I - _I I - -I Clerk of the Board: 3erdine C. Bragg 1 .. _I Public Works Director: Gary A. Rowe I - _I , .. .' - M I HUT E S Week of September 8, 1986 The meeting was called to order by Chairman Larry W. Dennison. Commissioner B. G. Brown was present. APPROVAL OF MINUTES: The Minutes of August 4 and 11, 1986 were approved as corrected by motion of Commissioner Brown, seconded by Chairman Dennison. BUSINESS FROM COUNTY DEPARTMENTS: PUBLIC WORKS BID OPENING re: Hadlock Intersection Project CR0582: Public Works Director Gary Rowe opened the bids received on the Hadlock Intersection Project at the appointed time as follows: BIDDERS: BID TOTAL: Lakeside Industries, Port Angeles $258,966.06 Ace Paving, Bremerton 254,803.20 Engineer's Estimate 272,149.43 Commissioner Brown moved to have the Public Works Department check the bids for accuracy and make a recommendation for award. Chairman Dennison seconded the motion. Later in the day: Commissioner Brown moved to award the bid to Ace Paving of Bremerton for $254,803.20 as recommended by the Public Works Department. Chairman Dennison seconded the motion. BID OPENING re: Rhody Drive/West Valley Road Intersection Project CR0607: The bids were opened and read after the appointed time by Public Works Director Gary Rowe as follows: : VOL 12 :.I'~ I M..,t 003280 t' , . , Board of Commissioners' Minutes: Week of September 8, 1986 Page: 2 BIDDERS: BID TOTALS: Ace Paving, Bremerton $49,356.23 Lakeside Industries, Port Angeles 50,546.01 Engineer's Estimate 46,496.49 The Public Works Department was directed to check the bids for accuracy and make an award recommendation by motion of Commissioner Brown, seconded by Chairman Dennison. Later in the day: The bid was awarded to Ace Paving of Bremerton for $49,356.23 as recommended by the Public Works Department, by motion of Commissioner Brown, seconded by Chairman Dennison. Intent to Vacate a Portion of George Street and Lot Lines in the Plat of Kuhnsville: Gary Rowe explained that this Intent to vacate is being done in conjunction with the Alcohol Loop Road Project and the exchange of Right-of-way with Charles Broders (See Minutes of September 2, 1986). Commissioner Brown moved to approve and sign Resolution No. 70-86 declaring the Board's Intent to Vacate a portion of County Road Right-of-way and lot lines within the Plat of Kuhnsville. The Public Hearing for the Intent was set for October 6, 1986 at 2:00 p.m. Chairman Dennison seconded the motion. Letter to Urban Arterial Board re: Six Year Transoortation Imorovement Program: The Urban Arterial Board's supplement to the Six Year Transportation Improvement Program was submitted as required. The County is not requesting any Trust Funds for the projects listed in the first two years of the six year program and the UAB is asking that the County reaffirm that is correct. Commissioner Brown moved to have the Chairman sign the confirmation letter to the UAB. Chairman Dennison seconded the motion and signed the letter. Recommendation re: Maintenance Contract for the Port Townsend Community Center and the Multi-Service Buildina: Gary Rowe recommended that the Board not accept the bid submitted for this maintenance contract. (See also Minutes of September 2, 1986) The possibility of hiring an employee to perform these services on a part time basis will be explored. Commissioner Brown moved to reject the bid received for the Maintenance Contract for the Port Townsend Community Center and the Multi-Services Building, as recommended by the Public Works Department. Chairman Dennison seconded the motion. Call for Bids: Charles Avenue CRP514: This project is in conjunction with the Charles Avenue Improvements and will be coordinated with the Developer of the Old Alcohol Plant Resort, Gary Rowe explained. Commissioner Brown moved to Call for Bids for the Charles Avenue Project CRP514 and set the bid opening date for September 22, 1986 after the hour of 2:00 p.m. Commissioner Dennison seconded the motion. Letter to WashinGton State Deoartment of Transoortation re: Contract #3089 Queets River BridGe: Commissioner Brown moved to approve and have the Chairman sign the letter to the Washington State Department of Transportation agreeing with Change Order #4 on the Queets River Bridge Project. Chairman Dennison seconded the motion. Memorandum to the County Treasurer re: Public Works Trust Fund Loan for the Beaver Valley Road Project: The Chairman signed the' Memorandum to the Treasurer authorizing her to invest the monies received from the Public Works Board for the Beaver Valley Road Project VOL 12 fH;r on 3281 .' , " , Board of Commissioners' Minutes: Week of September 8, 1986 Page: 3 and have all of the interest accrue to the loan fund, as moved by Commissioner Brown and seconded by Chairman Dennison. AGREEMENT re: IBM Usaae Licence Amendment to Agrement for IBM Licensed proarams: Commissioner Brown moved to sign the Amendment to the Agreement for usage of the IBM Licensed Programs for the System 36. Commissioner Dennison seconded the motion. L.... .nd Oontr.ct: O~eration of the Scale Facility and RecYclina Facility at the Landfill; Bavshore Enterprises: In further discussions with Pat Slevin of Bayshore Enterprises, a misunderstanding was found necessitating further discussion of these instruments with them. The Public Works Department will meet with Bayshore Enterprises to work out the problems with this lease and contract. PLANNING Shoreline Substantial Development Permit: Fish Pens: South Point: Olympic Sea Farms: (See also Minutes July 7 and July 21, 1986) Associate Planner, Bob Duffy reviewed this application for a salmon rearing pen facility with 22 net pens to be located at South Point, for the Board and five interested area residents. This project is considered a "Primary Use" and normally would not require a Shoreline Commission Hearing, however, one was held. The 48 x 48 foot pens would be placed in Hood Canal off an existing eight by ninety-four foot pier and would be suspended from floating docks. The pens would extend down into the water about 24 feet. Mr. Duffy reviewed the project proposal, the Planning Department's findings, Agency responses, testimony received, and the Conditions proposed for the project as well as the Shoreline Commission recommendation for approval of the project with the conditions as modified. Commissioner Brown asked if the Shoreline Commission's review was done after the pen size was changed? Mr. Duffy reported that the Shoreline Commission did review the project with the larger pen size and they made an inspection of the proposed site. The initial proposal was for 32 foot by 32 foot pens. The larger pen size will contain the same quantity of fish, so the impacts that were figured on the smaller pen size would be the same. These larger pens are of European design. Ken Ferjancic, agent for Olympic Sea Farms, Inc., reported that the net pen system including walkways and access ramp from the dock, cover 1.59 acres. From buoy to buoy (including 40 feet of water space from the surface buoy to the walkway) the system would cover 2.75 acres. This area was calculated because there has been discussion of possible restrictions that may be imposed on fish pen operations by the Department of Natural Resources. Chairman Dennison stated that the prqposed DNR Executive Order regulating fish pens has been reviewed by the Board and they concur with the requirements. Bob Duffy further clarified that the DNR has not finalized the specifics of the Executive Order, but it is felt that the 2 acre requirement would be placed on the area covered by the net pen and the walkway. There is no indication of when this Executive Order will become effective. Mr. Ferjancic noted, in response to Chairman Dennison's question, that no hormones or steroids will be used in the rearing of these fish. Any antibiotics (approved by FDA) used will be in the course of normal fish husbandry practices for control. of disease. Mr. Langley, President of Olympic Sea Farms, Inc., stated that he would be willing to agree, in writing, that no hormones or steroids will be used in this operation. The manager who will be conducting the overall fish rearing operations is from Norway, Mr. Ferjancic advised, and has had many years of experience in fish rearing. He will be training the people employed to '1m. l2 f~r.r oq 3282 Board of Commissioners. Minutes: Week of September 8, 1986 Page: 4 work on this operation. Bob Duffy noted that Condition 7 requires that a Farm Management Plan be submitted, which would address the use of antibiotics and steroids, and this plan would have to be approved by the County Commissioners before the fish are placed in the water. Commissioner Dennison asked what actions will be taken to address the visual impact of the galvanized metal pen system that will be used for this project? Mr. Ferjancic responded that the metal system being proposed for use was chosen because it will be more appropriate to withstand the storm events in the Hood Canal area. A color brochure depicting the pen system that will be used was then presented to the Board. The feasibility of finding a paint that can be used on galvanized metal will be researched. The pen system is proposed to be placed in water 30 feet deep, which is 10 feet shallower than the 40 foot depth being proposed in the DNR Executive Order, Mr. Ferjancic added. The regulations, however, have outlined several exceptions to allow pen placement in a shallower depth. One of the exceptions would be,based on the currents in the area of a proposed site. The currents in the South Point area are above what would be required by this exception. A registered marine survey will be done of the site, as is required by the DNR lease, which will provide the necessary information regarding the water depth for pen placement. This net pen system is well over a mile away from any other net pen systems in the Canal. Commissioner Brown advised ~hat since the Board endorsed the criteria established in the DNR Executive Order, every effort should be made to make sure that any net pen project is within those guidelines. Bob Duffy added that this project, as proposed, meets all of the Executive Order criteria with the possible exception of the 40 foot placement depth, which may be allowed due to an exception based on current velocity. The discussion continued regarding diseases that could effect the fish and how that would be handled. Chairman Dennison stated that the whole issue of waste products and dead fish disposal needs to be addressed in greater detail, which should be done in the Farm Management Plan. Condition number 7, Bob Duffy reported, is to be a three phased program: 1) a baseline study to identify what is currently at that site, 2} the Farm Management Plan and 3} and on-going monitoring program in an effort to determine the effects on the environment from the administration of the Farm Management Plan. The County, the Department of Ecology and the Department of Fisheries would review and approve the monitoring program before the fish are placed in the water. The party responsible for doing the monitoring will be determined when the plan is adopted. Chairman Dennison asked that the an agreement with the appropriate State agency (DOE or Department of Fisheries) for providing technical backup and evaluation, be a requirement of the monitoring program. Chairman Dennison then read a letter and petition with 63 signatures submitted by Gina McMather on behalf of commercial fisherman in this area. He also asked if the liability insurance carried by the project proponent will cover potential loss of commercial fishing nets caused by these pens. Mr. Ferjancic responsed as follows to that question: 1) One of the attributes of the site is that there are existing pilings and underwater structures and debris in the area of the pens, 2) Liability coverage will be determined by the individual insurance carrier, 3} Fishermen set their nets by the drift and this site will be noted on the Coast Guard maps available to fishermen. The net pens system design has been done to have the least impact on all users of the water. The Shoreline Commission added the following to the conditions in response to the concerns noted by the commercial fisherman, Bob Duffy reported: Condition #2 "The designer of the anchoring system shall evaluate the placement of the anchors with an awareness of other uses in the area, including commercial fishing." New Condition #20 "A sign shall be placed on the outer~most buoy stating how far the anchor \'111 1') " fr' 3283 }I '" --,~ Board of Commissioners' Minutes: Week of September 8, 1986 Page: 5 cables extend into Hood Canal." A condition relating to the requirement of a public easement to the beach was deleted after a 4 to 4 vote by the Shoreline Commission. Chairman Dennison then asked for public comment even though the meeting was not a public hearing. Donalda C. Porter: (Owner of 10 lots with 1,200 feet of waterfront, south of South Point) Mrs. Porter, who is a real estate broker, read a lengthy statement noting her opposition to this project for the following reasons: navigational hazards, water pollution, ecosystem and noise pollution, fish diseases and the dead species, as well as air pollution and odors. This fish pen project is a conflict of interest with what the development of South Point should be, Mrs. Porter stated. Bob Hull: Mr. Hull, a resident of Cape George, who is interested in fish farms stated that he is not speaking on behalf of any organization. He addressed the following three points: 1) Home Values: Of the five counties that responded to a inquiry made by Assessor Jack Westerman regarding effects on assessed values of properties adjacent to net pen operations, two counties contacted by Mr. Westerman do not occur on a listing of Salmon net pen facilities in puget Sound as published in "The Envjronmental Effffects off Floatjng Marjculture jn Paget Sound" dated August 1986. Those two counties do not have any net pen operations, so they would not have any documentation of negative impact upon property values. Of the five counties referred to by Mr. Westerman in his assessment that fish pens do not have a negative effect on property values, there is only one instance (Port Blakely on Bainbridge Island) where a residential area overlooks a net pen project and that project has only six pens. 2) Entanglement of Nets or displacement of fishing operations: The mitigative conditions seem to be intended to avoid fishing net entanglement. It would be expected that commercial fishermen would stay remote from this facility. The argument seems to be one of displacement of one operation in favor of another operation in a particular area and not one of economic competition. Unless the fishermen's argument is considered on its merits, compliance with the Shoreline Management Act has not be accomplished. 3) Environmental Impact: In respect to determination of environmental carrying capacity, additional research is needed, because the objective of past environmental studies of fish pen operations, has been the maintenance of the health of cultured fish, rather than environmental protection. A moratorium was imposed on fish pen operations in San 3uan County which has been lifted but all such projects will be required to do an environmental impact statement. Island County Commissioners will consider imposing a moratorium at a hearing to be held tomorrow. Mr. Hull urged the Board to consider the 1200 plus signature petition that was received asking that a moratorium be imposed on these projects until more research is done. Commissioner Brown asked if these presentations were made to the Shoreline Commission. Mrs. Porter commented at the Shoreline Commission, but Mr. Hull did not speak at either of the two Shoreline Hearings regarding this permit, Bob Duffy reported. In further discussion of the requirements for navigational lights on the project, Mr. Duffy advised that the Army Corps of Engineers will have to issue a Section 10 Permit for this project and when that is done, they coordinate with the Coast Guard on any specific requirements with respect to navigation. Commissioner Brown moved to delay final action on this permit until 4 p.m. on September 15, 1986. Chairman Dennison seconded the motion. VOI_ I? f~r; Gr. 3284 . " Board of Commissioners' Minutes: Week of September 8, 1986 Page: 6 Shoreline Substantial Development Permit Application SHI0-86; Coast Oyster Comganv: T~is proposal, Bob Duffy reported, is to construct a clam and oyster processing and research building (60 feet wide and 66 feet long, m$tal building) on the western side of Linger Longer Road in Quilcene. i Ann Savage, Oak Bay Road~ stated, that she opposes the project because of her concern for the qljlality olf the water and that hazardous chemicals are used whichieffect ~iSh' and shellfish. A radiation process is used to frighten seal and whales away from the area and effects the whole neighborhood b cause it is related to the air waves. Chuck Smith, Manager of Qoast o~ster, stated that no radiation process is used in their operatio',n and tre only chemica. Is used are FDA approved cleansing agents, which are flus ed into the septic system and do not go directly into the sal~ water. , Commissioner Brown moved to appr ve the Shoreline Substantial Development Permit for Coast Oyster as presented. Chairman Dennison seconded the motion. tion. Mini Mall Pro ect Pros ect Avenue. Joe and Renata Wheeler, the project proponents, were presentiwhen As istant Planner Rachel Nathanson, reviewed the environmental checklist for this commercial mini mall project to be located at ,the sou~heastern corner of Prospect Avenue and the Airport Cut-Off Road 'intersection. A complex which will house three businesses (a Real Estate ~ffice, a Building Contractor and an Architectural firm) will 'be developed on this six acre site. 30int use restrooms, reception are~ and co ference room are also proposed for Phase 1. Future phases could po siblyinclude such things as a convenience store, a smatl cafe nd a home furnishing store. The Planning Commission ~eviewed the proposal for compliance to the Tri Area Community Plan and found it consistent with that plan. Their findings, testimony and the sugg sted conditions were then reviewed for the Board. The Commission also uggested that the Board seek assurance from the Port of Port Townsend t~at the development will not interfere with the air traffic at the 3efferson County Airport. The Port of Port Townsend was made aware qf the d~velopment and George YoUnt, Manager of the Port, advised that he doesn'~ have enough information to do an in depth review. He is willing to ~ork with the project proponents to make sure that the port's, concerrs about the height of the structure and the lighting for the 'project meet the requirements of Advisory Circular #15053004B (Dated 3une ~, 1975). If a condition is put on the project to make sur.e that", these [concerns are addressed the Port has no objection to the project. Rachel Nathanson suggested an ad itional condition be placed on the project which would stat~ that al minimum of three separate businesses must be continued at this site a~ all times in order to be in compliance with the perm~,.t condi~~ions. If the structure, at some point in the future, housed only one b siness instead of the three proposed, the project would not meet the c nditions of a "planned commercial development" as defined in the T~i Area Plan. The future phases planned for develOP. ment ~ould un ergo SEPA review before development. Discussion continued regarding t e issue of a commercial development being approved in an are~ deSignrted residential because it is a "Planned Commercial Development" which can. be placed anywhere no matter what the designated land use is rf a particular site. Commissioner Brown asked why the condition regarding signs allows a larger sign than has been apprOffid for other projects? Rachel Nathanson explained that ithe PI ing Commission felt that it was appropriate that the si~ standa ds outlined in .the draft implementing ordinance be used for this proje t, since that Ordinance will be adopted in the future. Mrs. Wheeler stated that the Real Estate Office will need high visibility, and the intention is to put up a small sign that says "Kala Square" and POSSiblY tha business signs would be on the . I t r rjl or'3285 '.101_ r-- \ I . . Board of Commissioners' Minutes: Week of September 8, 1986 Page: 7 building. The project will be professionally landscaped, and will use the evergreen trees on the site. Mr. Wheeler advised that the three businesses that will be in this complex in Phase 1 have already agreed to lease space in the complex. A guarantee that these three space will be rented every month can not be made, but the intent is to keep the spaces rented. Mr. Wheeler. further stated that their intent is not to create a situation where there is one business in one building, but to create an area where several businesses will want to locate. Chairman Dennison then read a letter and addendum for the record from George and Helen Cotton stating their opposition to the project. Commissioner Brown moved to issue a Determination of Non-Significance as recommended by the Planning Commission for the Kala Square Partnership Mini Mall Project. Chairman Dennison seconded the motion. After further discussion regarding the size, number and placement of signs, Commissioner Brown moved to approve the binding site plan with the conditions noted and amending Condition #12 (the Condition regarding signs) to state that the proponent will present a rendition of the signs proposed for the site for the Board's approval before they are erected. Assurance must also be received from the Port of Port Townsend that the development will not interfere with the air traffic at the Jefferson County Airport. Chairman Dennison seconded the motion. SEPA Threshold Determination: Jefferson County Highway 20 Corridor Poliey: This proposal is to adopt the draft Highway 20 Corridor Policies and to redesignate the defined corridor from residential to industrial as an addendum to the Jefferson County Comprehensive Plan, Rachel Nathanson reported. The Environmental Checklist was then reviewed. The adoption of this policy itself would not create any environmental impacts, but the implementation of the policy would effect several environmental impacts in a positive way such as reducing water runoff impacts from potential development, protecting and enhancing natural plantings (buffer areas), protection of aesthetic views along the corridor and reducing or controlling light and glare to passing traffic. After the public hearing (August 4, 1986) the proposed policy was mailed to over 300 property owners in the proposed corridor. Ms. Nathanson then summarized the comments received from: 3im Worthington, Pauline & Albert Amel, Virginia Jennings, Robert Southard, Burton Bell, Sarah Hudson, Michael Carr and Steve Johnson. Chairman Dennison then read a letter from Nora and Bob Porter. The Planning Department did some research on the existing residential development within the redesignation corridor. The majority of the clustered residential development is within Gise Addition and Denny's 2nd Addition, which are two plats close to the Port Townsend Paper Company's mill. A request has been received to have these two areas excluded from the redesignation. There are residences all through this corridor. The Assessor must, by State law, assess property by it's highest and best use which could cause some problems for these residences in what would be redesignated as an industrial area. Chairman Dennison stated that he has concerns about designating a large area such as this industrial, when the area that is currently designated as industrial is not fully utilized. The discussion continued regarding possible ways to deal with the residences dotting this corridor and the conflicts that would be created if the whole area is redesignated industrial. Commissioner Brown also asked if the Prosecuting Attorney has addressed the issue of "taking" as it relates to the 30 foot buffer area proposed in these policies. Planning Director David Goldsmith advised that the Prosecuting Attorney has not formally addressed this issue, but that VOL 12 r~r.r on 3286 r- ",. \ ' Board of Commissioners' Minutes: Week of September 8, 1986 Page: 8 the buffer issue boils down to if the property owner has "reasonable" use of the property. Commissioner Brown moved to issue and Determination of Non-Significance for the draft Highway 20 Corridor Policies. Chairman Dennison seconded the motion. Commissioner Brown asked that during the 15 day comment period triggered by the SEPA Threshold Determination, the Planning Department provide more information on the taking issue as well as research and recommend changes to the draft policy which will provide a better way to handle the residences and residential areas in this corridor. Resianation from the Plannina Commission: Winston Frenzel: Commissioner Brown moved to accept Winston Frenzel's resignation from the Planning Commission. Chairman Dennison seconded the motion. The meeting was recessed Monday evening and reconvened on Tuesday morning with both members of the Board in attendance. APPROVAL AND SIGNING OF THE BILLS: The bills for the last part of August and the first part of September were reviewed and signed by each Commissioner. Interaovernmental Review: Olympic Area Aaency on Aging; 1987 update to 1984-1987 Area Plan: Commissioner Brown moved to state that the County has no conflict with the Olympic Area Agency on Aging's project to update the 1984-1987 Area Plan. Chairman Dennison seconded the motion. MEETING AD30URNED &,~~..("..\)~~l,*li'.~~~" , ~". ,. -... ( <)...' , . ~l . I i~i.. },; '~~'.~:.'<.:',~ il :~c,?'.' ~, ; ~~~2:,.\~tv, :' \ v-.... . ..,t" ~.~. -. SEAL~, t'", ~.-'> , ,,"~ . . -' , ". '{,..:!:S 'J> _:-l_-/ 3EFFERSON COUNTY BOARD OF COMMISSIONERS ~~J B.G. Brown, Member ATTEST: VOl 12 fAr,~ on 3287