BOARD OF MASON COUNTY COMMISSIONERS PROCEEDINGS
September 5, 2000
The meeting was called to order by Chairperson John A. Bolender. Commissioner Cynthia D. Olsen was in attendance. Commissioner Mary Jo Cady was on excused leave.
APPROVAL OF MINUTES: Cmmr. Olsen/Bolender moved and seconded to approve the August 22 meeting minutes as circulated. Motion carried unanimously. B-aye; C-absent; O-aye.
Cmmr. Olsen/Bolender moved and seconded to approve the August 29 meeting minutes for the Geologic Hazard Areas and Fish & Wildlife Habitat Conservation Areas hearings as circulated. Motion carried unanimously. B-aye; C-absent; O-aye.
C O R R E S P O N D E N C E
STATE FOREST BOARD LANDS
The Washington State Department of Natural Resources submitted the state forest board land revenues in Mason County. Copy sent to the Budget & Finance Director.
TIMBERLAND REGIONAL LIBRARY INTERNET POLICY
The Board received a copy of the Timberland Regional Librarys internet policies and comments received during public comment time.
EELLS HILL ROAD
Stacey Ogg discussed the Eells Hill Road and the desire of the residents to have it chip sealed.
B U S I N E S S
NOTICE OF AWARD HYDROSEEDING
Jerry Hauth, Public Works Director, announced the award of the hydroseeding contract to Columbia Hydroseeding at the bid of $745.00 per acre. They were the lowest of two contractors in the area that submitted a proposal. They intend to start the hydroseed program by the end of the month.
CRP 1687 LOMBARD ROAD NORTH
The Board was presented CRP 1687 for Lombard Road North. The proposal is to improve the existing section of road and bring it up to a more functional standard. They are looking at just the section that is 30 in width as it extends along the section line.
Cmmr. Olsen/Bolender moved and seconded the Board of County Commissioners execute CRP 1687 to perform surveys, engineering, real estate acquisition, and construction to accomplish the minor widening and BST surface application on Lombard Road North. Motion carried unanimously. B-aye; C-absent; O-aye. Resolution No. 90-00. (Exhibit A)
NOTICE OF AWARD REMOVE CULVERT
It was announced that Manke Excavating, LLC was awarded the CRP 1611 Bear Creek culvert replacement on Old Belfair Highway. They solicited proposals from five of the contractors on the small works roster. Only one contractor, Manke Excavating, LLC, submitted a bid of $82,885.
Cmmr. Olsen/Cady moved and seconded the Board of County Commissioners concur in the award by the Public Works Department, of a small works roster contract to Manke Excavating to remove the existing culvert and install the new open bottom box culvert where Bear Creek crosses the Old Belfair Highway, County Road No. 98250, for the contract price of $82,885. Motion carried unanimously. B-aye; C-absent; O-aye.
AMENDMENT NO. 4 - SKILLINGS CONNOLLY
The Board received a request for the chair to execute Amendment No. 4 to the Skillings-Connolly contract for the analysis and modeling for hazard evaluation in the upper south fork of Skokomish River and Vance Creek area.
Cmmr. Olsen/Bolender moved and seconded the chairperson execute Amendment No. 4 of Agreement No. 99033-2 with Skillings-Connolly, Inc. extending the "Time for Completion" from August 31, 2000 to September 30, 2000. Motion carried unanimously. B-aye; C-absent; O-aye.
HEARING UTILITY & DRAINAGE EASEMENT
The Board held a public hearing to consider the removal of the utility and drainage easement between Lots 51 & 91, Lakeland Village #6, as requested by Anderson & Sons.
Michael MacSems, Permit Assistance Center & Planning, explained it is an alteration to Lakeland Village Division #6. Anderson & Sons are selling Lot 91 to the owners of Lot 51 and in order to combine the lots they need to remove the utility and drainage easement.
Cmmr. Olsen/Bolender moved and seconded to approve the removal of the utility and drainage easement between Lot 51 & 91 of Lakeland Village #6, as requested by Anderson & Sons. Motion carried unanimously. B-aye; C-absent; O-aye. Resolution No. 91-00 (Exhibit B)
EXTENSION OF DIVISION 12 - PHASE 2
Dave Salzer, Planning Director, presented a request on behalf of Lakeland Village for an extension of Division 12, Phase 2 of Lakeland Village development.
Preliminary plat approval was granted on September 28, 1993 for 123 residential lots and 98 condominium units. Division 12 will be developed in two phases. The original due date for completion of the final plat was September 28, 1996. Three one-year extensions were granted the last on September 14, 1999.
The Board questioned if there is a limitation for the number of extensions that can be granted for a plat.
Mr. Salzer responded he reviewed Title 16 before he submitted the request and it just requires it come before the Board. They would need to prove there is substantial progress being made.
It was questioned what the time estimate is for completion of the project.
Mr. Salzer stated he is not aware when they will complete the phase 2.
Cmmr. Olsen/Bolender moved and seconded to approve the final plat extension as presented and adopt the Findings of Fact for the chairs signature when prepared. Motion carried unanimously. B-aye; C-absent; O-aye.
HEARING UTILITY & DRAINAGE EASEMENT
At 9:25 a.m. the Board held a public hearing to consider the alteration of the easement between Lots 86 & 137, Lakeland Village #11, as requested by Harris Watson.
Michael MacSems, Permit Assistance Center & Planning explained the owner of Lot 86 is between the golf course Lot 137 and the easement needs to be removed.
The Board questioned if the developers easement has been modified before. It was questioned why the buffer was established to begin with.
Mr. MacSems stated that it appears the golf course is surrounded on two sides.
The Board discussed that the purpose of the buffer initially was to provide safety. It was questioned if there are any type of development standards for golf courses that establish certain setbacks.
Mr. MacSems responded he was not aware of any in Title 16.
The liability would be with the golf course and they have signed off and relinquished the easement.
Harris Watson, owner of Lot 86, interjected that there is no safety factors for golf balls hitting the area. He and the owner Rick Anderson have agreed the easement should be moved so they can place a residence on the lot.
Cmmr. Olsen/Bolender moved and seconded the Board of Mason County Commissioners approve the alteration of utility and drainage easement as presented by staff between Lots 86 & 137, Lakeland Village 11, as requested by Harris Watson to place a residence on the lot. Motion carried unanimously. B-aye; C-absent; O-aye. Resolution No. 92-00 (Exhibit C)
NORTH BAY CASE INLET - LOAN AGREEMENT
Community Development Director Gary Yando presented North Bay/Case Inlet Loan Agreement No. L0000021; Amendment No. 1. This agreement between the County and Department of Ecology is needed to be amended to increase the loan amount to cover eligible project management, construction management/project inspection, and construction element costs of the project. The loan is increased by $1,855,581 and scheduled for repayment beginning on March 2003.
Cmmr. Olsen/Bolender moved and seconded to approve and sign Amendment No. 1 to Loan Agreement No. L0000021 as it relates to the North Bay/Case Inlet Wastewater Treatment Facility. This amendment between the Ecology and Mason County provides $1,855,581 in funds for the project. Motion carried unanimously. B-aye; C-absent; O-aye.
BEARDS COVE FENCE INSTALLATION
The Board received a request to approve an agreement for Beards Cove fence installation of 172 X 8 high chain link fence with one 12-foot double door swing gate. The total cost is $4,394.18.
Cmmr. Olsen/Bolender moved and seconded to approve the agreement between Kelly Fencing and Mason County to install the above-described fence at the Plat of Beards Cove, Beards Cove Well No. 4 at a cost of $4,394.18. Motion carried unanimously. B-aye; C-absent; O-aye.
It was recommended the Board approve a resolution to transfer accounting responsibilities from Mason County Department of Community Development Solid Waste and Utilities Divisions within the Mason County Auditor. The reason for transferring the responsibilities is an increasing workload on Public Works Accounting, where it currently is addressed.
Cmmr. Olsen/Bolender moved and seconded to approve and sign Resolution No. 93-00 which establishes the accounting responsibilities for Mason County Department of Community Developments solid waste and utilities division with the Mason County Auditor as described in resolution. Motion carried unanimously. B-aye; C-absent; O-aye. Resolution No. 93-00. (Exhibit D)
The Board was presented a list of vehicles, miscellaneous computer equipment and machinery to surplus.
Cmmr. Olsen/Bolender moved and seconded to authorize the surplus of the listed vehicles, machinery and computer equipment. Motion carried unanimously. B-aye; C-absent; O-aye. Surplus List (Exhibit E)
BOARD OF EQUALIZATION
It was recommended that the Board appoint Donald H. Clark as an alternate member to the Board of Equalization.
Cmmr. Olsen/Bolender moved and seconded to appoint Donald H. Clark to serve as an alternate member to the Board of Equalization. Motion carried unanimously. B-aye; C-absent; O-aye.
The Board recessed at 9:43 a.m. until 9:45 a.m.
SHORELINE SUBSTANTIAL DEVELOPMENT & CONDITIONAL USE PERMIT PUBLIC WORKS
The Board held the continuation hearing from July 25 and August 22 on the proposal for replacement of a failed culvert where Mason Lake Drive West crosses over Shumocher Creek.
Jerry Hauth, Public Works Director, asked that the Board approve the shoreline permit. Initially they had proposed two structures; a 23 X 10" X10 1" and a 40 bridge. The 23 10" structure meets the minimum criteria as required by Washington State Fish & Wildlife with the acknowledgement that they will have to build what the resource agencies require as an ultimate minimal structure.
He recommended the Board approve the request to construct 23 X 10" by 10 1" box structure with the condition that it be subject to any future modifications or revisions that May be imposed by Washington Department of Fish & Wildlife, Department of Ecology, or the Army Corps of Engineers. That should get it beyond Mason County as a process.
It was questioned if the ultimate design of the structure will come from the resource agencies.
Mr. Hauth replied as they progress through the permitting requirements they will obtain permits from the Department of Fish & Wildlife, Hydraulic Project Approval. They will have direct review over what they would allow Public Works to do. These are waters of statewide significance. There is enough base flow in Schumocher Creek that the Corps of Engineers will ultimately issue a permit for whatever activity would be involved in the water. The only way around that permit would be to construct a structure that is large enough and does not encroach in the water or have any part of the appurtenances in the water. There are statutory obligations that Public Works will have to fulfill and there are guidelines and design criteria. They have tried for a number of months to have a meeting as to what should be built there. If the County approves the permit there is no opportunity to come back with a lesser structure. As conditioned, or as requiremetns are identified the structure will increase in size or change in nature.
The Board questioned if the current permit were approved with the condition described it would enable the resource agencies, through their review, to effect a change to the original proposal which could be substantially different.
Mr. Hauth responded yes. The expectations are to expand to a larger structure or a structure out of the water altogether or spanning the opening as opposed to a box culvert.
Shandra OHalleck, Planner, stressed the focus of the permit is whether it is consistent or inconsistent with the Countys regulations. As a Type 1 stream, the culvert proposal is inconsistent with Mason Countys Fish & Wildlife Habitat Conservation Areas Ordinance which requires a bridge or arch bottomless culvert for all Type 1 3 streams. The culvert is also inconsistent with Mason County Shoreline Master Program Flood Protection Policies. The Ordinance also requires a Habitat Management Plan if an alternate structure is imposed.
Ben Meservey, Subarea Planning Chair for Allyn Association, they have approximately 100 members in the Association. The Committee has been the same for last three years. Part of their vision was to start a Sherwood Creek Salmon Enhancement Group. They are serious about enhancing the salmon runs on Sherwood Creek. They have been studying the culvert vs. the bridge above Mason Lake where Schumocher Creek comes out. Their group unanimously supports the idea of a bridge. They have been in close contact with Todd Alsbury of the South Sound Salmon Enhancement Group and from his studies and other studies and people they have talked with from Mason Lake area, it seems everyone is in favor of a bridge.
The Board noted they need to hear from the resource managers on this issue and they have had a lot of testimony and residents. They also need to have some scientific analysis done regarding habitat. If the County approved the Public Works proposal, it would afford the resource managers the opportunity to clearly identify the science.
Mr. Meservey stated they dont want to upset the salmon runs or cause problems for people of Mason Lake. They are considering the whole stream from Allyn all the way up. A lot of study has already gone on about the levels of the lake.
Shandra OHalleck interjected through the SEPA process the agencies sent in information stating they preferred a bridge. SEPA gives all levels of government the ability to condition or deny a proposal based on environmental impacts.
John Komen stated his concern is if the proposal is approved it will delay the process even more while having discussions with the resource agencies.
The Board responded the project cannot be constructed until next summer. The County has until next summer to work with the resource agencies to make sure they are in compliance with their rules.
Mr. Komen questioned if the County can be assured the project will be accomplished by next summer construction season.
It was noted there is no assurance in any cases. The intent is to construct next summer.
Shirley Willickson shared the concerns of the Board as to what the scientific documentation has indicated there will be a small increase in the level of the lake. Often scientific data tends to reverse itself as time goes on. She shared she is not ready to put complete faith in the best scientific document and would favor the position of conducting more investigation before proceeding into building a bridge. The options seem to be building a bridge vs. a culvert. She questioned the difference in the time it would take to construct the project. She also asked how long it would take to make the crossing at Schumocher Creek coming from Mason Lake Drive West.
The Board asked if she felt comfortable with putting both options forward for the resource agencies comment and review.
Ms. Willickson stated, yes. She again stressed she would rather see more investigative process go on. She did not feel totally convinced that the scientific data is going to stand up over time.
Cmmr. Olsen/Bolender moved and seconded to conditionally approve shoreline Substantial Development/Conditional Use Permit SHR 2000-0004 for the replacement of a culvert at Shumocher Creek with a 23 box structure as proposed and with the 2 7 conditions listed in the original permit and a new seventh condition:
This proposal is subject to any future modifications or revisions as required by the resource agencies, particularly Washington Department of Fish & Wildlife, US Army Corps of Engineers, and the Washington Department of Ecology.
Motion carried unanimously. B-aye; C-absent; O-aye.
The Board recessed at 10:10 a.m. until 10:30 a.m.
PRELIMINARY 2001 BUDGET PRESENTATION
Jim Vannelli, Chief Accountant, presented the preliminary 2001 budget to the Board as required by RCW 36.40.050.
He provided the Board each with copies of the greenbar of the detailed preliminary budget along with supplemental requests.
The Current Expense resources for 2001 are estimated at $16,907,189; 2001 uses $18,306,044. The Miscellaneous Funds for 2001 are $52,105,467. These funds must balance its resources and uses.
There was some discussion that I-722 could pose a significant additional impact by repealing taxes, fees, or anything increased by the local government from the time I-695 was put on the ballot. The County had some revenues in Environmental Health and Planning that were modified last year.
The Board adjourned at 10:40 a.m. due to no further business.
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