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HomeMy WebLinkAbout062810_ca01 Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Al Scalf. Director of Community Development DATE: June 28, 2010 RE: Public Hearing on the Mystery Bay Mooring Buoy Moratorium STATEMENT OF ISSUE: This agenda request is to notify the pubic of a hearing on the moratorium enacted by the Board of County Commissioners on May 24, 2010 in regards to locating new mooring buoys in Mystery Bay. A moratorium is effective for a period of six months. ANALYSIS: This moratorium was authorized by the Board of County Commissioners in view of the development of a management plan for Mystery Bay to maintain commercial shellfish operations as certified by the State Department of Health. According to state law a public hearing is required within 60 days of the enactment of this interim measure. FISCAL IMPACT: The staff work utilized in order to prepare the public notice, the cost of the public notice and the staff time spent administrating the moratorium are covered by the annual approved Department of Community Development budget. REVIEWED BY: .// / ". "-c,,? ;; ..(~/ 1 ip Mor],ey. S;:ounty Admimstfalor "-......' <".~":/;' .::? ,/; .' . ~// C.-- .).-. (. -- Dale TO: Port Townsend Leader LEGAL NOTICE Please publish one (1) time: Wednesday, June 30, 2010 BILL: Jefferson County Department of Community Development 621 Sberidan St Port Townsend W A 98368 Attn: Rose Ann Carroll Tel: 360-379-4450 DATE: Monday, June 28, 2010 NOTICE OF PUBLIC HEARING BEFORE THE JEFFERSON COUNTY BOARD OF COMMISSIONERS ON A MORATORIUM 0]'\ PLACING NEW MOORING BOUYS IN MYSTERY BAY NOTICE IS HEREBY GIVEN lhat the Jefferson County Board of County Commissioners will conduct a public heariug in regards to a moratorium on placing new mooring buoys in Mystery Bay on Monday, July 12,2010 at 10:00 a.m. at the Jefferson County Courthouse Board of County Commissioners chambers located at 1820 Jefferson Street, Port Townsend. W A 98368. This six month moratorium was put in place on May 24, 2010 and is required by state law to have a public hearing in regards to this issue within 60 days of the adoption ofthe moratorium. STATE OF WASHINGTON County of Jefferson In the matter of a Moratorium on new Mooring Buoy's in Mystery Bay } } } Ordinance # 03..052(-] G The Jefferson County Board of County Commissioners enters the following findings of fact 1. On November 23,2009 the Board of County Commissioners placed a moratorium on submitting applications for new mooring buoys in Mystery Bay per ordinance #10-1123- 09. 2. As provided for in State law a moratorium may be effective for up to six months if a detailed work plan is prepared for remedying the issues and circumstances necessitating the moratorium, and may be renewed for two six month periods. 3. The Mystery Bay Management Plan envisioned by tribal, state and local governments to address the concerns with commercial shellfish harvesting in Mystery Bay has been completed by the stakeholder group. 4. The Management Plan establishes objectives for Mystery Bay to: . maintain the approved classification of the Mystery Bay shellfish growing area. . implement permitting and enforcement measures to ensure the number of mooring boats remain below the marina threshold. . minimize or eliminate transient anchoring in Mystery Bay, outside of the State Park. . establish a Voluntary "No Anchor Zone" in Mystery Bay, outside of the State Park and direct transient boaters to the State Park. . monitor mooring buoy usage and transient anchorage in Mystery Bay to determine if marina thresholds are exceeded. . provide immediate notification to the DOH when boat numbers exceed marina threshold levels. 5. On March 1, 2010, Jefferson County submitted a Locally Approved Shoreline Master Program to the Washington State Department of Ecology for review and approval consistent with legal guidelines. 6. The Locally Approved Shoreline Master Program provides new policies and regulations pertaining to the placement of mooring buoys throughout Jefferson County that are consistent with the National Shellfish Sanitation Standards. 7. On April 20, 2010 the Washington State Department of Ecology conducted a public hearing on the Jefferson County Locally Approved Shoreline Master Program. ~ 0r1"> .cjT:(;f: ~:rC n,,;. r,r::,l "! r! 8. The Mystery Bay Management Plan provides various benchmarks to measure the effectiveness of the plan and provides for adaptive management techniques should the plan be unsuccessful. 9. The Washington State Department of Health reclassified part of the Mystery Bay commercial shellfish growing area from Conditionally Approved to Approved on March 25,2010. 10. On May 17, 2010 the Jefferson County Marine Resource Committee was issued a Jefferson County shoreline substantial development permit exemption to install seven marker buoys to identify the voluntary "no anchor zone" and to manage transient vessel moorage called for in the management plan. WHEREAS, Jefferson County continues to participate in the stakeholders' group of agencies, tribes and shellfish growers in order to prevent any commercial shellfish closures of Mystery Bay; and WHEREAS, the Mystery Bay Management Plan is one element of the work plan for the stakeholders group; and WHEREAS, the Mystery Bay Management Plan has weighted the competing interests for using Mystery Bay including the evaluation of mooring buoy placements; and WHEREAS, permitting additional mooring buoys in Mystery Bay may exacerbate problems associated with over use of the bay and lead to potential shellfish closures pending adoption of a new Shoreline Management Master Program which incorporates the National Shellfish Sanitation Standards; and WHEREAS, it is in the public interest to protect commercial shellfish harvesting in Mystery Bay; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Jefferson County as follows: SECTION 1. A moratorium is placed on submittals of shoreline permit applications to the Jefferson County Department of Community Development for placement of mooring buoys in Mystery Bay, except when: 1) the state Department of Health notifies the Jefferson County Shoreline Administrator that movement or placement of a mooring buoy would contribute to preventing or lifting a shellfish harvesting closure; or 2) the Jefferson County Shoreline Administrator determines that an application for the movement or placement of a mooring buoy must be accepted and reviewed by Jefferson County in furtherance of an adopted Mystery Bay Management Plan. SECTION 2. Pursuant to the provisions of ESHB 1379 which amends and adds sections to Ch. 90.58 RCW, the Shoreline Management Act, this moratorium does not ~ rT0i~I:_1-rJl''::__ H(."':~.I'~~'..':.-_. ': ") affect any lawful mooring buoys in place at Mystery Bay on or before the date this Ordinance becomes effective. SECTION 3. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. SECTION 4. The work plan is hereby incorporated by reference, see Attachment A. SECTION 5. Effective date. This ordinance shall take effect immediately after passage and shall remain effective for six months or until repealed by the BOCC. APPROVED AND ADOPTED this 24th day of May, 2010 .. JEFFERSON COUNTY BOARD 01F: COUNTY CO,MMISSIONERS /~~I? / / ,/ / -:17 ~dk -~ .;:r~ DaV~IIiV n, Chair /,1 /-1 .I '--- , Member SEAL: So... t) ..'. Ii a!'-'~ : '..!1 / I> 1'1""""" .'.: '. ,'.,--....,.--:........'-....-..-- JO~~Jstin,L ~n;b~r' ! . j / \./ A UEST: Z'1.C:l-{"it k'-k~'Vt Z40~- Erin LundgVe'r;I) 0 Deputy Clerk of the Board APPROVED AUTO FORM: , () '. I ,~- '. ,. I " ': -::> <, " '.\:./D.;O'--t{ a I \li,-tu/ .' /21;/2:C. I~ David Alvarez Q Deputy Prosecuting Attorney r'-J t' j 1 ~~1 C'-_ , ':-\:'<' " Attachment A Workplan Issue: The issue is the threat of closure of shellfish harvesting in Mystery Bay because oftoo many boats anchored or moored near shellfish beds. Strategy: Continue collaborative efforts between tribal, federal, state and local governments, including the public that implements the objectives of the Mystery Bay Management Plan. Calendar of events: November 23, 2009 March 1, 2010 March 2S, 2010 April 20, 2010 May 23, 2010 May 24, 2010 June 17, 2010 July 2010 November 24,2010 Six-month Moratorium on mooring buoys was placed by BOCC for a period of 6 months. Jefferson County formally submits the Locally Approved Shoreline Master. Program (SMP) to Washington State Department of Ecology (DOE). The State Department of Health reclassified the commercial shellfish growing areas in Mystery Bay from conditionally approved to approved. Washington State Department of Ecology (DOE) conducted a public hearing on Locally Approved Shoreline Master Program at Fort Worden State Park. Six-month Moratorium expired. Second six-month Moratorium is placed by the BOCC for a period of 6 months. Stakeholder's group meeting at the Point No Point Treaty Council conference room in Hansville. Board of County Commissioners adopts the Mystery Bay Management Plan. Second Moratorium is lifted or extended depending on status of SMP. The remedy of the issues and circumstances: The moratorium is effective from May 24, 2010 through November 24,2010 and could be extended for a final six month period and/or to the date that Ecology approves the SMP. Once Ecology approves the new SMP and Jefferson County enacls the SMP locally, the moratorium would be lifted and applications for mooring buoys would be processed under the new SMP to a decision point of approval or denial.