BOARD OF MASON COUNTY COMMISSIONERS PROCEEDINGS
August 22, 2000
The meeting was called to order at 7:00 p.m. by Chairperson John A. Bolender who led the Pledge of Allegiance. Commissioners Cynthia D. Olsen and Mary Jo Cady were also in attendance.
APPROVAL OF MINUTES
Cmmr. Cady/Olsen moved and seconded to approve the 8/15/00 minutes as circulated. Motion carried. B-abstain; O-aye; C-aye.
C O R R E S P O N D E N C E
PETITION FOR UNMUFFLED COMPRESSION BRAKES
A petition with ten signatures was received requesting the Board consider prohibiting use of unmuffled compression brakes on State Highway 119 from milepost 1 to milepost 4. Copy referred to Public Works for review and recommendation back.
B U S I N E S S
INTERAGENCY WORK ORDER - ALTERNATIVE RESPONSE SYSTEM
Debbie Riley, Environmental Health, requested the Board authorize the Chair to sign the interagency work order for the Alternative Response System.
Cmmr. Cady/Olsen moved and seconded to approve the contract between DSHS and Mason County for the Alternative Response System, contract #916001354, in the amount of $27,050, for the period of 7-1-00 to 6-30-01 and authorize the Chair to sign. Motion carried unanimously. B-aye; O-aye; C-aye.
AGREEMENT - WOODWORKERS LOCAL LODGE W536 I.A.M.
Skip Wright, Human Resources, requested the Board approve and sign the agreement with Woodworkers Local Lodge W536 I.A.M. covering the Sheriff's Corrections/support staff bargaining unit.
Cmmr. Olsen/Cady moved and seconded to approve and sign the 2000 through 2001 agreement between Mason County and the Woodworkers Local Lodge W536 I.A.M. covering the Sheriff's Corrections/support staff bargaining unit. Motion carried unanimously. B-aye; O-aye; C-aye.
REQUEST FOR PROPOSALS
Facilities & Grounds Department is requesting permission to solicit for proposals to lease up to 500 square feet of office space in the downtown Belfair area. Proposals will be accepted until 5:00 p.m., Monday, September 11, 2000.
Cmmr. Cady/Olsen moved and seconded to authorize the Facilities & Grounds Department to solicit proposals to lease up to 500 square feet of office space in the downtown Belfair area. Proposals will be accepted until 5:00 p.m., Monday, September 11, 2000. Motion carried unanimously. B-aye; O-aye; C-aye.
MORATORIUM - CARD ROOMS
Department of Community Development is requesting the Board extend the current moratorium on card rooms in the unincorporated areas of Mason County. The extension will be for an additional six months and a public hearing has been suggested for Tuesday, October 3, 2000 at 9:30 a.m.
Cmmr. Olsen/Cady moved and seconded to extend the current moratorium on card rooms in the unincorporated areas of Mason County. The extension will be for an additional six months and a public hearing will be on Tuesday, October 3, 2000 at 9:30 a.m. Motion carried unanimously. B-aye; O-aye; C-aye. Ordinance No. 84-00 (Exhibit D)
Cmmr. Cady/Olsen moved and seconded to reappoint Judson Reynolds to the Board of Equalization. Motion carried unanimously. B-aye; O-aye; C-aye.
ROAD CLOSURES - NORTH SHORE ROAD
Robert Thuring, Public Works, requested the Board authorize the closure of North shore Road, from Monday, September 11, 2000 until 5:00 p.m., Wednesday, September 20, 2000 for replacement of a culvert in Johnson Creek at milepost 0.55.
Cmmr. Olsen/Cady moved and seconded to approve the resolution to close the North Shore Road at milepost 0.55 from 8:00 a.m. Monday September 11, 2000 to 5:00 p.m. Wednesday, September 20, 2000 to remove and replace a large culvert in Johnson Creek. Motion carried unanimously. B-aye; O-aye; C-aye. Resolution No. 85-00 (Exhibit A)
Mr. Thuring requested the Board authorize the closure of North Shore Road for the replacement of a culvert in Hall Creek.
Cmmr. Cady/Olsen moved and seconded to approve Resolution No. 86-00 closing North Shore Road at milepost 2.87 from 8:00 a.m. Monday September 25, 2000 to 5:00 p.m. Wednesday, October 4, 2000 to remove and replace a large culvert in Hall Creek. Motion carried unanimously. B-aye; O-aye; C-aye. Resolution No 86-00 (Exhibit B)
David Gray, (VFW 5372), $300 food
Cmmr. Cady/Olsen moved and seconded to approve the Veterans Assistance application for David Gray, $300 food. Motion carried unanimously. B-aye; O-aye; C-aye.
The Board recessed for 6 minutes.
SHORELINE SUBSTANTIAL DEVELOPMENT/CONDITIONAL USE PERMIT (Cont. from 7/25/00) - Proposal for replacement of a failed culvert where Mason Lake Drive West crosses over Shumocher Creek; Applicant: Mason County Public Works
Shandra O'Haleck, Planning, presented the staff report. She submitted two hydrology reports, one prepared by Aqua Terra Consultants for Mason County Public Works and one prepared by Fisheries Consultants for the South Puget Sound Salmon Enhancement Group. Both reports agree that the placement of a bridge compared to a smaller sized culvert would cause, at the most, a 1.4 inch rise in Mason Lake during an extreme storm event. Aqua Terra's report stated the greater impacts would be seen in the upstream wetland than would be seen on Mason Lake.
Due to concerns about what the impacts to the upstream wetland might be, Anne Boeholt, Department of Ecology wetland specialist, and Robbyn Meyers, Mason County Public Works Environmental Coordinator, performed a wetland functional assessment for the different scenarios. A copy of the report was submitted which concludes that the overall beneficial functions of the wetland will not change.
The applicant has submitted two proposals for review. One is for a 23 foot closed bottom structure and the other is for an open-bottomed structure that is 34-40 feet in width.
As a Type 1 stream the bridge proposal is consistent with Mason County's Fish and Wildlife Habitat Conservation Areas ordinance while the culvert is not. As a 23 foot structure it provides a constriction at this point, due to average stream width of 32 feet, and provides for a more natural aquatic habitat.
Due to consistency with Mason County regulations, the Shoreline Advisory Board voted unanimously to recommend the bridge proposal without artificial weir control. Staff recommends approval of the bridge proposal with the conditions outlined in the staff report for the permit.
Cmmr. Cady asked where the average stream width of 32 feet comes from.
Ms. O'Haleck answered it is from the Fish & Wildlife habitat biologist who was on-site and several other biologists who were on-site. They usually take five different readings at different places on the stream.
Cmmr. Bolender noted that with regard to perching, the proposed culvert is not the same as the one that was previously there.
Ms. O'Haleck acknowledged it is larger, but it still constricts the stream and will cause the same type of turbulence and velocity as a smaller culvert.
The previous culvert was 12 feet, the proposed culvert is 23 feet.
Robert Thuring, Public Works, requested a continuance on this project. There are still unresolved issues regarding the exact interpretation of applicable regulations and the uncertainty of the potential liability associated with any of the proposed alternatives. There are risks associated with both alternatives. If the larger structure is installed, the County May face liability for the slightly increased flood levels. If the narrower structure is installed, the County May face different regulatory criteria after the new ESA regulations come into effect on 12-26-00. These new criteria could require further modification or removal of the narrower structure.
Public Works requested more time to resolve the issues before asking for a shoreline determination.
Cmmr. Cady stated the information they have been receiving has been varied. They were told by Public Works the cost of a bridge would be astronomical compared to the cost of a culvert. They also heard different things from the agencies, those that are trying to protect the wetland and protect the fish. Her concern was there was no one at previous hearings to protect the people, which is what the Board is here to do. The models indicate there will be more frequent flooding with the bridge, the 1 1/4" will be on top of the flooding. She believes there are still issues to figure out.
Cmmr. Olsen noted there have been flooding problems at Mason Lake in the past.
Cmmr. Bolender asked if the proposed culvert will likely result in the same type of barrier being created, or can it be managed differently.
Mr. Thuring pointed out he is not the project engineer on this project. The issue of fish passage is not related just to the culvert area or bridge area but also how the stream grade is handled above and below that area. In other projects they are providing grade control above and below. The crossing structure doesn't necessarily determine whether there will be or will not be a perching effect.
Cmmr. Cady understands the culvert would require on-going maintenance, when the bridge wouldn't.
Todd Alsbury, South Puget Sound Salmon Enhancement Group, reviewed the history of the project. They support a bridge structure. He is concerned they May have to turn back grant money. If a culvert is constructed, a bottomless culvert is preferred by all natural resource agencies although a bridge is preferred. He has received a cost estimate from the county for a bridge of about $160,000, and a cost estimate for a box culvert of about $90,000. The SPSSEG is offering an approximate $50,000 grant. He stated the County is trying to meet only the minimum state requirements and he believes the requirements will become more strict in the next year.
Cmmr. Bolender stated they have to review all options to find the best balance for the fish and the public.
Bill Young urged the Board to focus on the 1.5 inch rise in a 100 year flood event, he supports salmon recovery and the bridge option. He does not live on Mason Lake.
Cmmr. Bolender noted that Mr. Young is the lead entity coordinator for the WRIA 14.
Michelle Stevie, Squaxin Island Tribe, stated they have been trying to schedule training with Public Works on fish passage and restoration of the habitat and the channel structure. She stated the "5 pipes" area is not adequate as it is. She stated the septic systems along the lake will need to be moved so they are not flooded. The Tribe is concerned that if the County returns the salmon recovery funding, it would set a poor precedent and May jeopardize future funding. The Tribe supports a bottomless structure at the minimum, although they prefer a bridge.
Shirley Willeiksen, Mason Lake Drive West, referred to the "5 pipes" reference in the hydrologic report which states it is doubtful that 5 pipes have any influence on Mason Lake water surface elevations.
Cmmr. Olsen pointed out that in 1996/1997 when there was terrible flooding, she went to the 5 pipes area several times and the water was never over the road.
Cmmr. Bolender stated this means it is flowing through the pipes faster than it is coming in. There are debris and brush constrictions in the channel coming down from the lake.
Mr. Thuring agreed that the control of the lake level is not at 5 pipes. It is the channel exiting the lake and the stream as it comes down to the 5 pipes area.
April Cassel, Mason Lake Drive West, confirmed the temporary bridge will be left in place for now.
The Board noted the window for working in the stream will be closing so nothing will be done until next spring, at the earliest.
John Komen, Mason Lake Drive West, is troubled that Public Works has stalled the placement of a two lane bridge and the residents are being inconvenienced.
Cmmr. Cady noted the Board stalled this project because of their questions on the effect of the people around the lake and the liability issues.
Mr. Komen finished his comments by urging the Board to make a decision.
Janet O'Connor, Mason Lake Drive West, stated she remembers as a child, the water would come way up and she doesn't believe that 1" is going to matter. She would like a bridge because she sees this as an opportunity to make it right.
There was discussion of previous structures at that location.
Lon Pettit, Mason Lake Drive West, stated the lake level is affected by the inflow and the outflow and pointed out that it backs up downstream of 5 pipes. He supports the bridge proposal.
Cmmr. Cady stated she doesn't prefer a bridge or culvert. She wants to make sure it is done right for everybody involved.
Anne Boeholt, Wetland Specialist - Department of Ecology, reviewed the wetland function assessment that she conducted along with Robbyn Meyers, Mason County Public Works in July, 2000. She encouraged the design that has the least effect on the wetland which is the widest bridge possible.
Ms. O'Haleck stated Planning doesn't believe a continuance is necessary. She believes the issues of concern in the request for the continuance have already been addressed. She provided an e-mail from Environmental Health that states they do not have any reports of septic systems flooding.
Cmmr. Bolender reminded staff that it is the prerogative of the applicant to request a continuance of their hearing. He noted whether this is continued or not, it would not facilitate having the bridge or culvert installed this season.
Cmmr. Olsen/Cady moved and seconded to continue this hearing for a culvert replacement on Mason Lake Drive West at Schumocher Creek to 9/5/00 at 9:45 a.m. Motion carried unanimously. B-aye; O-aye; C-aye.
SHORELINE DESIGNATION - TOTTEN/LITTLE SKOOKUM DESIGNATION
Allan Borden, Planning, requested the Board adopt the resolution to extend the interim measure to redesignate portions of the Totten and Little Skookum Inlet Shorelines from rural to conservancy shoreline environment. The interim measure would be in effect until 2-26-01.
Cmmr. Cady/Olsen moved and seconded to approve Resolution 87-00, amending Resolution 92-99, to extend by six months the effective period of the interim measure that redesignates portions of the Totten and Little Skookum Inlet shorelines from Rural to Conservancy Shoreline Environment. The interim measure shall now remain in effect until February 26, 2001. Motion carried unanimously. B-aye; O-aye; C-aye. Resolution No. 87-00 (Exhibit C)
Cmmr. Olsen/Cady moved and seconded to set the hearing to implement the interim measure to redesignate portions of the Totten/Little Skookum Inlet shorelines from Rural to Conservancy Shoreline Environment on 9-19-00 at 9:15 a.m. Motion carried unanimously. B-aye; O-aye; C-aye.
The meeting adjourned at 8:55 p.m.
Rebecca S. Rogers, Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
John A. Bolender, Chairperson
Mary Jo Cady, Commissioner
Cynthia D. Olsen, Commissioner