BOARD OF MASON COUNTY COMMISSIONERS PROCEEDINGS
January 4, 2000
The meeting was called to order at 9:05 a.m. by Chairperson Cynthia D. Olsen who led the Pledge of Allegiance. Commissioner Mary Jo Cady was absent due to illness.
C O R R E S P O N D E N C E
2000 BUDGET & LEVIES
Copies of Fire Protection District #18 Resolution Nos. 99 Revised, 100, and 101 were received for the 2000 budget and levies.
The Timberland Regional Library also submitted a copy of their levy rate for 2000.
DNR FOREST LAND
The Department of Natural Resources has proposed to purchase two parcels of land to replace school trust lands transferred under the 99-01 biennium trust land transfer project.
A request was received from the Economic Development Council of Mason County for completion of the overall economic development plan project list for completion of the WACERT process.
The Treasurer reported that $3,430.59 was net on the Countys surplus auction held on December 18, 1999.
PETITION - TEMPORARY BRIDGE ON MASON LAKE DRIVE WEST
A petition was submitted to the Board requesting Mason County place a temporary bridge or road over Shumocher Creek on Mason Lake Drive west until a permanent road or bridge can be constructed.
B U S I N E S S
AGREEMENT - FARMERS ELECTRIC
Gary Yando, Director of Community Development, requested the Board approve the agreement with Farmers Electric in the amount of $23,672 for the Rustlewood Water System.
Cmmr. Bolender/Olsen moved and seconded to approve the agreement between Farmers Electric and Mason County to purchase a 35 KW propane generator to run the 7.5 and 5.0 horsepower pumps to operate the Rustlewood Water System. Motion carried unanimously. B-aye; O-aye; C-absent.
PATROL CAR PURCHASE
Dave Loser, ER&R, requested permission to purchase a replacement vehicle for the Sheriff's department.
Cmmr. Bolender/Olsen moved and seconded to authorize the ER&R Fund Manager to purchase 2000 Ford Crown Victoria police car utilizing the Washington State contract. Cost not to exceed $24,700. Motion carried unanimously. B-aye; O-aye; C-absent.
NOVELL MEMBERSHIP AGREEMENT
Mr. Loser requested the Board to designate Roger Bascom as the Mason County Novell Master License Agreement Agency Coordinator and authorize the Chairperson to execute the membership agreement with the Department of Information Services.
Cmmr. Bolender/Olsen moved and seconded to designate Roger Bascom as the Mason County Novell Master License Agreement Agency Coordinator and authorize the Chairperson to execute the membership agreement with the Department of Information Services. Motion carried unanimously. B-aye; O-aye; C-absent.
CRP 1632, 1633 and 1634
Mr. Hauth requested the Board execute CRP 1632, Wetland Mitigation; CRP 1633, County Wide Culvert Installation; and CRP 1634, County Wide Sign Mitigation.
Cmmr. Bolender/Olsen moved and seconded to execute CRP 1632, Wetland Mitigation; CRP 1633, County Wide Culvert Installation; CRP 1634, County Wide Sign Placement. Motion carried unanimously. B-aye; O-aye; C-absent. Resolution No.'s 01-00, 02-00, 03-00 (Exhibit A, B and C)
CRP 1635, SHELTON MATLOCK ROAD/CULVERT REPLACEMENTS
Mr. Hauth requested the Board execute CRP 1635 to remove a damaged outfall culvert for Lake Nahwatzel at approximate milepost 14.30. Also beginning at approximately milepost 14.10, the road will be raised from two feet - six feet for a distance of approximately 1,000 feet and a large corrugated metal arch culvert will be placed under this portion of road to replace two existing culverts.
Cmmr. Bolender/Olsen moved and seconded to execute CPR 1635, Shelton Matlock Road as presented. Motion carried unanimously. B-aye; O-aye; C-absent. Resolution No. 04-00 (Exhibit D)
LAKE LIMERICK CITIZEN CONCERN
Bob King, Lake Limerick, stated a recent culvert that was installed on St. Andrews Drive has introduced a large amount of silt into the lake.
The Board, Mr. Hauth and Mr. King discussed the situation and possible ways to solve the problem. Public Works will look further into the situation.
VETERANS ASSISTANCE APPLICATIONS
Dennis B. Hodgson VFW 1694 Housing $400.00
Raymond F. Morris VFW 1694 Housing $230.00
Randy D. Wimbley VFW 1694 Housing $400.00
The Veterans Assistance Screening Committee is recommending approval on the above listed applications totaling $1,030.00.
Cmmr. Bolender/Olsen moved and seconded to approve the Veterans Assistance applications as submitted by the screening committee for Dennis Hodgson, $400 housing; Raymond Morris, $230 housing and Randy Wimbley, $400 housing. Motion carried unanimously. B-aye; O-aye; C-absent.
BID OPENING Tire Service for 2000 to the Department of Public Works/Equipment Rental and Revolving Fund
Jerry Hauth presented the three bids received.
Pacific Treadco, Inc
Dave's Tire Service
BID OPENING Furnishing Towing Service for 2000 to the Department of Public Works, Equipment Rental and Revolving Fund
Mr. Hauth presented the two bids received.
Jim's Automotive & Towing
Public Works will report back later in the meeting with a recommendation for both bids.
The Board recessed for 5 minutes.
HEARING Consider revisions to the Mason County Flood Damage Prevention Ordinance, and Frequently Flooded Areas and Definitions chapters of the Resource Ordinance. The proposed revisions affect how development will occur in frequently flooded areas.
Gary Yando, Director of Community Development, requested the hearing be continued to Tuesday, January 4, 2000 to allow time to discuss the issues with the Board. Staff was unable to meet with the Board yesterday due to illnesses.
Jerry Richert, Skokomish Valley, stated the process to date has not allowed general public participation as set forth by the Western Washington Growth Management Hearings Board. He read from a Hearings Board court document. He believes the ordinance is contrary to the Common Enemy Doctrine - #2, the taking without compensation and #3, the right to protect ones property from the elements and is also contrary to other state and federal laws.
Wes Johnson, Skokomish Valley, expressed concerns with not being allowed to protect property. He recommended 5.4-5 (1) be deleted and remove the following phrase from 5.4-5 (2) "...does not result in increased stream flow within main channel." He also referred to the Common Enemy Doctrine which states over bank flood waters are common enemy against which anyone May defend themselves. He referred to a court case in Snohomish County in which landowners brought suit because of the existence of dikes and levies. They contended these dikes and levies caused flooding on their property. The Snohomish County Superior Court ruled in favor of the landowners. The case then went to the Supreme Court on 9-9-99, and it was overruled because of the Common Enemy Doctrine and the citizen's right to protect their own property.
Mr. Johnson asked about exhibits that are referred to in the draft document he obtained from the Planning Department. He then referred to 5.4-4 (2) Maximum Allowable Density. He talked about the Planning Commission recommendation to allow for the transfer of unused development rights from one parcel to an adjacent parcel. He stated there is a language conflict, one section states there can not be an increase in the base flood elevation of more than .5 foot; another section states there shall be no impact on flood flows.
Allan Pickard asked the Board to continue to take public testimony to allow time to review the information.
Jim Park, Skokomish Indian Tribe, also asked the Board to continue the hearing to allow public testimony.
The Tribe made the following recommendations: return to the more traditional floodplain management approach rather than the density floodway concept;
Add the following phrase to the factors for consideration by the Board of Appeals 4.4-1 (4) (xii) "the potential impacts to fish and riparian habitat;"
Mason County should clearly identify the avulsion risk areas and overbank flow pathways by both written description in the text of the ordinance, and on an official map. A permanent moratorium on construction in these areas should be imposed as part of the ordinance;
In areas with site elevation of more than two feet below the base flood elevation a permanent moratorium on construction in this area should be implemented and clearly defined as a No New Footprint Zone on an official map to be adopted as part of this ordinance;
The Tribe opposes any amendment that would allow the transfer of development credits in the floodplain.
Cmmr. Bolender pointed out there are other protections in the Comprehensive Plan that prevent the type of density the Tribe is concerned with in the floodplain.
Shelloy Johnson expressed concern with the No New Footprint Zone 1A. She asked how the boundaries were determined. She believes the No New Footprint Zone takes away property rights. She also believes the existing setback from creeks is adequate. She believes the answer is to dredge the river and keep the volume in the river channel.
Mo Dehe, Upper Skokomish Valley, gave testimony on behalf of herself and Tom Schreiber. She stated they do not agree with the Planning Commission's recommendation for transferring development rights; they do not agree with the designation of avulsion risk areas as frequently flooded areas. They recommended to adopt the flood prevention ordinance for detailed study area designated as Zone A2; the area outside the detailed study area designated as Zone A should remain in an interim ordinance status until further studies can be completed. They asked this area be afforded the same level of study as Zone A2 so regulations can be based on scientific data and adopt the interim measures for diking repair and maintenance until diking policies can be adopted.
Jim Hunter, Skokomish Valley, stated he is in favor of the transfer of development rights. He believes this will allow people to continue to improve their residence. He referred to 5.4, no build area. He presented aerial photos of the area from 1958 and 1977 to demonstrate the streams in the lower valley have not changed their course. He proposed to have a setback at the river only, not the streams.
Cmmr. Bolender asked staff to explain the basis for the 200 foot protection on streams that have had relatively little change over the last 50 plus years. He believes rules should be adopted that protect people against flood damage and he is not sure if that should include the stream issues.
Pam Bennett-Cumming, Planning, she understands the 200 foot protection was put into place in the original moratorium that was put on certain types of development within the Skokomish Valley. In the most recent Skillings Connolly study, it was recommended the provisions of the moratorium continue. She stated they do recognize there are some small streams in the Skokomish Valley that May not exactly fall into the 200 foot model. To determine which ones they are is a tough situation except on a case by case basis or doing further studies. On the type 2, 3, 4 and 5 streams there are provisions for fairly substantial setbacks within the Fish & Wildlife Regulations but they are smaller than is being discussed.
Ms. Dehe pointed out the valley doesn't receive the same amount of hazard throughout. With regard to density concepts, she understood primary and secondary streams that feed off the main stream would have to be left open for flow corridors, as in open space, with no development.
Mr. Hunter pointed out the land elevations change in the valley from one side of a creek to the other.
Lauren Lampley, Skokomish Valley, expressed support of Ms. Dehe's comments, more scientific information is needed before adopting an ordinance.
Candy Kuhr, Skokomish Valley Road, stated she supports Jim Park, Mo Dehe and Mr. Lampley's comments.
Cmmr. Bolender pointed out significant portions of the Skokomish Valley have been designated as agriculture land however they are not able to construct structures to conduct agriculture. He asked staff how that can be resolved.
Ms. Bennett-Cumming responded that FEMA has been receptive to a simple structure with a roof only. The intent is not to curtail agriculture construction. She would like to research this further.
Cmmr. Bolender stated the Board will try to incorporate suggestions and there are future opportunities to revise it. He pointed out the entire Growth Management process is designed to be modified on an annual basis.
Wes Johnson stated agricultural land needs to be maintained in order to keep it as agricultural land.
Jerry Richert encouraged the Board to follow the issue of his produce market at Highway 101 and Purdy Cutoff Road. He stated that is part of his farming operation.
Allan Pickard stated the river has moved and the maps are inaccurate. He asked if the Board believes there was an avulsion on the Foltz/Sigman property.
Cmmr. Bolender responded no, the site has been identified as a potential avulsion area.
Mr. Pickard recommended the large items should be removed from the river bed and also define the avulsion sites.
Wes Johnson also asked that specific areas be identified.
Cmmr. Bolender/Olsen moved and seconded to continue the hearing for the Mason County Flood Damage Prevention Ordinance and the Frequently Flooded Areas Chapter and Definitions of the Resource Ordinance to Tuesday, January 11, 2000 at 10:00 a.m. Motion carried unanimously. B-aye; O-aye; C-absent.
HEARING Consider Ordinance No. 141-99 which extends interim regulations which restrict development in areas of the floodplain of the Skokomish River and tributaries.
Pam Bennett-Cumming, Planning, requested the Board uphold the provisions of Interim Ordinance 141-99 as adopted on 12-7-99 which extends development restrictions in portions of the floodplain of the Skokomish River and tributaries.
Jerry Richert stated there is a serious problem with the consultant's reports regarding the avulsion issue, it should read overflow.
Mr. Yando explained over the last few years there have been interim ordinances that relate to the flooded areas in the Skokomish Valley. The interim ordinance was due to expire in December, 1999 and Planning asked that it be extended through 3-7-2000. This extension was requested because of a Hearings Board order and to work on amendments on the frequently flooded areas with FEMA and the Flood Prevention Ordinance. The previous hearing on the Flood Damage Prevention Ordinance, Frequently Flooded Areas Chapter and Definition of Resource Ordinance includes the information regarding the avulsion areas. If the Flood Damage Prevention Ordinance is adopted before 3-7-2000, the moratorium would not be needed.
Jim Park stated the Skokomish Tribe supports the moratorium until the Flood Damage Prevention Ordinance is adopted.
It was explained that with no action, Ordinance 141-99 is still valid.
Cmmr. Bolender/Olsen moved and seconded to close the public hearing and take no action on this issue at this time and Ordinance 141-99 remains in effect until 3-7-2000. Motion carried unanimously. B-aye; O-aye; C-absent.
Cmmr. Bolender/Olsen moved and seconded to approve the Veterans Assistance application for Ronald Sipe for $200 food. Motion carried unanimously. B-aye; O-aye; C-absent.
BID AWARD - TIRE SERVICE
Dave Loser recommended the Board award the tire service bid to Dave's Tire Service of Tacoma, WA
Cmmr. Bolender/Olsen moved and seconded to award the tire service contract to Dave's Tire Service of Tacoma, WA for 2000 as presented in the bid. Motion carried unanimously. B-aye; O-aye; C-absent.
BID AWARD - TOWING SERVICE
Mr. Loser recommended the Board award the towing service bid to Jim's Automotive of Shelton for auto/lt truck zone 1 and heavy trucks all zones; to Tow King of Shelton award auto/lt truck, zone 2 and 3.
Cmmr. Bolender/Olsen moved and seconded to award the bid for towing services for 2000 as follows: auto/lt truck zone 1 - Jim's Automotive; auto/lt truck, zone 2 and 3 - Tow King, Shelton; Heavy trucks all zones, Jim's Automotive, Shelton, Motion carried unanimously. B-aye; O-aye; C-absent.
The regular meeting adjourned at 11:48 p.m.
Rebecca S. Rogers
Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Cynthia D. Olsen, Chairperson
Mary Jo Cady, Commissioner
John A. Bolender,Commissioner