BOARD OF MASON COUNTY COMMISSIONERS PROCEEDINGS
February 8, 2000
Chairperson Bolender called the meeting to order at 9:00 a.m. Commissioners Mary Jo Cady and Cynthia D. Olsen were in attendance.
APPROVAL OF MINUTES
Cmmr. Cady/Olsen moved and seconded to approve the December 30, 1999, January 11 and 25th meeting minutes as circulated. Motion carried unanimously. B-aye; C-aye; O-aye.
C O R R E S P O N D E N C E
Stephen Whitehouse requested the Board restore the budget cuts to the Prosecutors budget.
CIVIL SERVICE COMMISSION
The Mason County Civil Service Commission has announced a change in their meeting place to the Commission Chambers, effective March 2000.
STATE FOREST BOARD LANDS
The Department of Natural Resources submitted their 1999 report of revenues for state forest board lands and the projection for 2000. Copy forwarded to Budget & Finance.
AWARD OF BID ORV MOTORCYCLE
Per Resolution No. 93-94, the Sheriff announced award of the bid of $7,644.50 from Reiners South Sound Honda in Olympia for the new patrol ORV motorcycle. The purchase price less the trade in value will be $5,592.00.
Alan & Jo Ann Sinclair requested the County consider putting up guardrail at the corner just before Schafer State Park. Copy forwarded to Public Works.
UNIFORM FIRE CODE
A letter was received from Snure Law Office on behalf of Fire Protection District No. 2 asking the County to reconsider the action, which eliminated the County Fire Marshal position.
Mason County Fire Chiefs Association asked for a response to questions regarding the Uniform Fire Code.
The PUD #1 thanked the County for the time and effort regarding the Memorandum of Understanding. They decided to discontinue further negotiations at this time.
OVERALL ECONOMIC DEVELOPMENT PLAN
The Harstine Island Theater Foundation Board thanked the Commissioners for including the Performing Arts Center on the Economic Development Plan for the County.
PACIFIC MOUNTAIN WORKFORCE DEVELOPMENT COUNCIL
Received a draft copy of the Strategic Plan and Operations Plan for the Pacific Mountain Workforce Development Council. Comments are being taken through the month of February.
Jef Conklin - Resignation
Everett L Hughes - Applicant
Arnold A. Fox - Applicant
B U S I N E S S
SOLID WASTE ENFORCEMENT GRANT
Debbie Riley, Environmental Health Manager, recommended the Board sign the Solid Waste Enforcement Grant No. G0000216. The grant is between Washington State Department of Ecology and Mason County Department of Health Services. The maximum eligible cost is $133,333 with a state grant share of $100,000 and local match of 25% or $33,333. The local match comes from the permit fees and work issuing permits and follow up.
Mrs. Riley noted there are four tasks with the grant program: Inspections $13,150; Permitting of Facilities and Biosolid Application Sites $7,205; Enforcement $108,578; Plan and Ordinance Development and Review $4,400. The budget is from January 1, 2000 through December 31, 2001.
Cmmr. Olsen/Cady moved and seconded to authorize the chair to sign the Solid Waste Enforcement Grant No. G0000216 between Washington State Department of Ecology and Mason County Department of Health Services; maximum eligible cost is $133,333; state grant share $100,000; and local share (25% match) of $33,333 for the period of January 1, 2000 through December 31, 2001. Motion carried unanimously. B-aye; C-aye; O-aye.
AMENDMENT NO. 3 WATER QUALITY IMPROVEMENT FUND II PROJECT
Mrs. Riley presented Amendment No. 3 to Loan Agreement No. L9600011 between the State of Washington Department of Ecology and Mason County. The money is designated for low-interest loans for people who needed new septic systems. The original loan amount was $100,400 and was decreased by $30,003.95 because the County didnt need or use that much, for a total of $70,396.05. With the addition of $5,568.01 of deferred interest, which has accrued on loan disbursements, the total is $75,964.06. A revised payment schedule was included with the first repayment being the same and the final payment will be in 2013. From the money that has been used and the interest earning back there is money from the interest that could be used without paying interest to the state.
Cmmr. Cady/Olsen moved and seconded the Board approve and sign Amendment No. 3 for Loan Agreement No. L9600011 for (Final) Loan repayment schedule between the Washington State Department of Ecology and Mason County for the amount of $75,964.06. Motion carried unanimously. B-aye; C-aye; O-aye.
INTERLOCAL AGREEMENT - SOUTHWEST WASHINGTON HEALTH DISTRICT
Steve Kutz, Health Services Administrator, recommended the Board approve the interlocal agreement with Southwest Washington Health District for the regional aids services. The contract amount is $60,924 for 2000, which is the same amount as received last year. The differences this year versus the previous grant is at this point in time at least 50% of the funding received must be used to deliver effective HIV prevention/intervention targeted to those populations of greatest risk infection as described in the Region VI AIDS network plan.
Part of the funds go to HIV case management and the other goes to HIV testing counseling services and HIV education in the community that is not specifically targeting high-risk group.
Cmmr. Olsen/Cady moved and seconded to authorize the chair to sign the Interlocal Agreement between Southwest Washington Health District and Mason County for the provision of regional AIDS services. The period of the agreement is January 1, 2000 to December 31, 2000 for a funding level of $60,924. Motion carried unanimously. B-aye; C-aye; O-aye.
INTERAGENCY WORK ORDER AMENDMENT
Mr. Kutz presented an interagency work order amendment for Agreement No. 916001354. For early intervention services. The initial contract signed with the Washington State Department of Social and Health Services (DSHS) left out a reporting document referred to as Attachment C
Cmmr. Cady/Olsen moved and seconded the Board approve and authorize the chair to sign amendment (1) to the basic Interagency Agreement Number 916001354 between DSHS and Mason County Department of Health Services. The amendment provides the replacement of Attachment C reporting criteria inadvertently left out of original contract. Motion carried unanimously. B-aye; C-aye; O-aye.
WRIA 16 - INTERGOVERNMENT AGREEMENT
The Board was presented an interlocal agreement by Gary Yando, Community Development Director, between Jefferson County, Grays Harbor County, PUD #1, Skokomish Indian Tribe and Department of Ecology. In July of 1998 the County entered into watershed planning grant for the Skokomish-Dosewallips watershed resource inventory area (WRIA 16). Funds have been allocated for organizing planning unit and conduct public meetings to establish scope of work, planning effort, and composition of planning unit. It is required that those parties affected by the WRIA boundaries enter into an interlocal agreement. The contract is for $50,000. There will be additional funding for phase II.
Cmmr. Cady/Olsen moved and seconded the Board approve and sign the Intergovernmental agreement for the formation of the Skokomish Dosewallips Management Plan between Mason County, Jefferson County, Grays Harbor County, Mason County PUD #1, Skokomish Indian Tribe and Washington State Department of Ecology whereby the tasks stated in Grant No, G9800020, Skokomish-Dosewallips Managemetn Plan are completed. Motion carried unanimously. B-aye; C-aye; O-aye.
WRIA 16 CITIZEN PARTICIPATION
Mr. Yando presented the Board a news article to place in the newspapers to participate in watershed planning efforts for the Skokomish and Hamma Hamma Watersheds.
SHORELINE SUBSTANTIAL DEVELOPMENT/CONDITIONAL USE PERMIT FREEMAN
At 9:30 a.m. the Board considered the after-the-fact permit for a 600 square foot shotcrete bulkhead at Brisco Point.
Shandra OHaleck, Planner, presented the staff report for the proposal sought by Ray Freeman. She concluded that the Planning Staff recommends approval with the following conditions:
1) A geo-assessment detailing the drainage pattern and the reason for the recent slope failure shall be submitted to the Mason County Department of Community Development so that future slope failure can be minimized. This report May be submitted as an amendment to the original report that was prepared for the residential permit.
2) Native vegetation is to be retained between the home and bluff to further stabilize this site.
3) The owner acknowledges this permit for shotcrete is only for erosion protection and does not guarantee protection of the residence.
Cmmr. Bolender asked if this project was considered as something other than a bulkhead. It appears to be an erosion control project, like vegetation, filter fabric.
Mrs. OHaleck responded it was only considered as a bulkhead. This was an amendment to the Fisheries permit it was viewed as a bulkhead.
Cmmr. Bolender commented it is not a structural unit such as a bulkhead.
Mrs. OHaleck stated it would still be considered an unspecified use and it would still be a conditional use project. They looked quite thoroughly through the Shoreline Master Program and could not find any reference to shotcrete.
The Board questioned about the landslide area that shows up beyond the vegetation in the pictures.
Ray Freeman, Applicant, stated he owns 237 on the water. The area that was shotcreted was about 60 of the 237. It is approximately 12 high. They only shotcreted the area that was sand and vertical. They left all the rest in natural vegetation. They had tried planting and fabric on the area and none of it worked because it is sand. The wind and driving rain was taking sand away and they determined they had to take control of the area before their deck and home slid into the water.
The area down from the shotcreted bank was a previous slide. There is dirt there. It was decided that area would be easier and better for the property to use vegetation. The bulkhead goes to the end of the house, which is approximately 90, and not the full length of the property.
The Board questioned if the detailed study of the drainage pattern requested by Department of Ecology is covered under Condition #1.
Mrs. OHaleck stated that Allan Tahja, Public Works Department, does not believe he has sufficient information to meet that condition by Department of Ecology and therefore the condition is recommended by the Planning Staff.
The Shorelines Advisory Board unanimously recommended approval on the project.
Cmmr. Cady/Olsen moved and seconded to approve the shoreline substantial development conditional use permit for Raymond Freeman SHR99-0038 with the three conditions as recommended by staff (listed above). Motion carried unanimously. B-aye; C-aye; O-aye.
Cmmr. Cady/Olsen moved and seconded to approve the Findings of Fact as presented by staff for the chairs signature. Motion carried unanimously. B-aye; C-aye; O-aye.
LAND ACQUISITION AGREEMENT
The Board was presented with a land acquisition agreement for Richard Doak to purchase his property as part of the Hazard Mitigation Grant Program.
The board interjected the County is purchase the property; however, the funds come from the Federal Emergency Management Agency (FEMA) and the County is basically a pass through agency.
Cmmr. Olsen/Cady moved and seconded to approve and sign the agreement between Richard Doak and Mason County wherein we will be purchasing his property as part of the Hazard Mitigation Grant Program. Motion carried unanimously. B-aye; C-aye; O-aye.
AMENDMENT 4 TO LOAN AGREEMENT
The Community Development Director requested the Board approve a loan amendment to prepare approvable plans and specifications for the North Bay/Case Inlet Wastewater Treatment Facility.
Cmmr. Olsen/Cady moved and seconded to approve Amendment No. 4 to Loan Agreement No. L9400009 which was in the amount of $160,000. This amendment does not effect the amount of $160,000 but does extend the design completion date to June 30, 2000 and the repayment schedule to begin on June 30, 2001. Motion carried unanimously. B-aye; C-aye; O-aye.
Gary Yando, Community Development Director, recommended the Board approve an agreement with Parametrix Amendment No. XXV to provide landfill gas services ($1,000) and hydrogeologic/groundwater quality assessment services ($13,000).
Cmmr. Cady/Olsen moved and seconded to approve Amendment XXV to the Agreement between Parametrix and Mason County whereby Parametrix provides landfill gas services and hydrogeologic/groundwater quality assessment services at the cost as presented. Motion carried unanimously. B-aye; C-aye; O-aye.
It was requested the Board set a bid opening for the removal of pre-sorted salvageable metals at the Mason County Solid Waste facility and the Belfair Drop Box Station.
Cmmr. Olsen/Cady moved and seconded to schedule a bid opening date for Tuesday, March 7, 2000 at 9:20 a.m. at which time we will open bids as they relate to the removal of pre-sorted salvageable metals at the Mason County Solid Waste facility and Belfair Drop Box Station. Motion carried unanimously. B-aye; C-aye; O-aye.
CITY OF TACOMA PERMIT
The Department of Community Development asked for approval of the City of Tacoma permit which would authorize Mason County to utilize property for installation and maintenance of a 10 to 12 inch sewer line, one sewer pump station, along with valves, pumps and electrical lines.
Cmmr. Cady/Olsen moved and seconded to approve Permit No. 1540 between the City of Tacoma, Department of Public Works and Mason County whereby Mason County will be able to utilize the property described within the permit to install and maintain a 10 to 12 inch sewer line, one sewer pump station, along with valves, pumps and electrical lines constructed and maintained by PUD #3 and equipment; and access roads along portions of the Cushman transmission line. Cost at this time is $8,200 with adjustments each year as shown in permit. Motion carried unanimously. B-aye; C-aye; O-aye.
DAVID EVANS & ASSOCIATES - AMENDMENT NO. 2
Gary Yando, Community Development Director, recommended the Board approve Amendment No. 2 to the David Evans & Associates, Inc. agreement to provide mapping services and additional Planning Commission workshops and meetings related to Growth Management. The total amendment $29,100.
Cmmr. Olsen/Cady moved and seconded to approve Amendment No. 2 to the existing David Evans & Associates, Inc. agreement whereby they will provide additional services described in Attachment C (7) of Amendment No. 2 Scope of Work for a fee of $29,100 and authorize the chairs signature. Motion carried unanimously. B-aye; C-aye; O-aye.
AMENDMENT NO. 2 - MIKE MCCORMICK AICP
An amendment No. 2 to the agreement with Mike McCormick was presented for the Boards approval. The amendment is to provide additional preparation for the Planning Commission meetings. The total amendment is $3,120.
Cmmr. Cady noted the Board met with Michael McCormick and David Evans & Associates as well as the head of the Planning Commission. Mr. McCormick assured the County that his relationship with Thousand Friends of Washington would not impact his ability to provide a good product for the County.
She hoped the Board will take further steps to correct the issues with the Prosecutors office and get the Growth Management Act attorney back on board so there is someone that can complete long term analysis.
Cmmr. Olsen/Cady moved and seconded to approve Amendment No. 2 to the existing Michael McCormick agreement whereby he provides additional services described in Amendment No. 2 Scope of Work for a fee of $3,120. Motion carried unanimously. B-aye; C-aye; O-aye.
NORTH BAY/CASE INLET WATER RECLAMATION FACILITY & SEWER COLLECTION
Mr. Yando presented the North Bay/Case Inlet water reclamation facility and sewer collection construction contract to provide engineering services in the amount of $1,241,948.
Cmmr. Cady/Olsen moved and seconded to approve and authorize signature of the chair for
construction contract between the consultant firm of Gray & Osborne, Inc. and Mason County whereby consultant provides the engineering services described in said contract at a cost not to exceed $1,241,948 for the North Bay/Case Inlet Water Reclamation facility and collection system. Motion carried unanimously. B-aye; C-aye; O-aye.
COMMUNITY LITTER CLEANUP AGREEMENT
A community litter cleanup agreement in the amount of $49,500 was presented for the Boards approval. Mr. Yando stated it allows the County to clean up litter along public right-of-way. They will be working with the Probation Services Department to coordinate work crews to clean up illegal dumpsites. They will be providing the juvenile court administrator with $10,000 to provide the supervision of the work crew.
Cmmr. Olsen/Cady moved and seconded to approve grant agreement No. C0000119 with Department of Ecology and authorize signature by the chairperson. Said grant to provide funds to clear litter and illegal dumps from public places in Mason County through June 30, 2001. Motion carried unanimously. B-aye; C-aye; O-aye.
PROCLAMATION - SHELTON-MASON COUNTY CHAMBER OF COMMERCE
Dick Taylor, Shelton-Mason County Chamber of Commerce, requested the Board adopt a proclamation designating February 9 - 16, 2000 as Chamber of Commerce Week in Mason County.
Cmmr. Cady/Olsen moved and seconded to approve the proclamation designating February 9 - 16, 2000 as Chamber of Commerce Week in Mason County. Motion carried unanimously. B-aye; C-aye; O-aye. Proclamation signed. (Exhibit A)
OPERATING TRANSFER CAPITAL IMPROVEMENT FUND/CURRENT EXPENSE
Ione Siegler, Budget & Finance Director, presented a resolution for an operating transfer of funds from Capital Improvement Fund to Current Expense Fund. The Current Expense Fund paid $11,039.35 for capital improvement expenses of the jail expansion project in error. The expenditures should have been spent by the Capital Improvement Fund.
The jail expansion project will be partially funded by federal grants. This is necessary to get the expenditures in the proper Capital Improvement Fund. There are two grants in the amount of $50,000 and $150,000.
The Board added the Commissioners and Criminal Justice Working Team has been working on an expansion for the Mason County Jail for approximately one and a half years.
Cmmr. Olsen/Cady moved and seconded to approve Resolution No. 12-00 which authorizes an operating transfer in the amount of $11,039.35 from the Capital Improvement Fund to the Current Expense fund to reimburse the Current Expense Fund for Capital Improvement expenditures for the jail expansion project. Motion carried unanimously. B-aye; C-aye; O-aye. Resolution No. 12-00 (Exhibit B)
HEARING - UNMUFFLED COMPRESSION BRAKES
Jerry Hauth, Public Works Director, asked the Board to set a public hearing to consider a petition for unmuffled compression brakes on SR 101 between milepost 314.63 to 325.00.
It was noted this would cover everything from the Jefferson County line to Potlatch. This small area has been left out over the last several years.
Cmmr. Cady/Olsen moved and seconded to schedule a hearing to consider the restriction of unmuffled compression brakes on SR 101 between Milepost 314.63 south to Milepost 325.00; date to be March 7, 2000; 11:30 a.m. Motion carried unanimously. B-aye; C-aye; O-aye.
WETLAND DELINEATION SERVICE
The Board was presented a request to seek proposals from companies from the 2000 consultant roster to give assistance for the mitigation of the Sand Hill project. One of the conditions of the mitigation as to build a fishing pier at the mouth of the Union River. This was going to be done in conjunction with a salmon enhancement group; however, that program did not materialize. The wetland mitigation and structural design for a dock to be placed on the Union River is located at the intersection of Sand Hill Road and SR 300. Authority is also requested to enter into a contract with the consultant selected.
The Board interjected that as they are trying to deal with more of the issues and regulations related to wetlands and streams, particularly salmon streams it is taking a significantly greater amount of staff time to process the projects. To maintain some kind of project schedule it will be necessary to seek assistance from outside resources to keep planning schedules on track.
Cmmr. Olsen/Cady moved and seconded to authorize Department of Public Works to request proposals from companies off the 2000 Consultant Roster for wetland mitigation and structural design for a fishing dock to be placed on the Union River at the intersection of Sand Hill Road and SR 300 and authorize the Director of Public Works to enter into a contract with the consultant selected. Motion carried unanimously. B-aye; C-aye; O-aye.
SHORELINE SUBSTANTIAL DEVELOPMENT/CONDITIONAL USE PERMIT VO
At the hour of 10:30 a.m. the Board considered the request of the applicant to continue the after-the-fact permit to repair a road and stabilize a slope located at end of Sunset Road overlooking Oakland Bay.
Cmmr. Cady/Olsen moved and seconded to continue the shoreline substantial development/conditional use permit (SHR99-0046) for Tri Vo to March 14, 2000; 10:00 a.m. Motion carried unanimously. B-aye; C-aye; O-aye.
CALL FOR BIDS - ASPHALT CONCRETE
Dave Loser, Equipment Rental & Revolving Fund Manager, recommended the Board call for bids for asphalt concrete for calendar year 2000.
Cmmr. Cady/Olsen moved and seconded to authorize Equipment Rental and Revolving Fund Manager to advertise for opening bids for the supply contract for asphalt concrete, MC250 (cold mix) and/or CSS1 Tack Coat for the calendar year 2000 on March 7, 2000 at 9:15 a.m. Motion carried unanimously. B-aye; C-aye; O-aye.
AGREEMENT - COMPUTER ACCESS
Dave Loser, Equipment Rental & Revolving Fund Manager presented agreements for the Boards approval with Land Title Company, First American Title Insurance Company and Mason County Title Company, to access the IBM System 36/AS400. It is more convenient for the title company to access the information from their location and cuts down on some of the staff time in responding to requests for information.
Cmmr. Olsen/Cady moved and seconded to sign the agreements for computer access between Mason County and Land Title Company, First American Title Insurance Company and Mason County Company as presented. Motion carried unanimously. B-aye; C-aye; O-aye.
INTERGOVERNMENTAL NETWORK SERVICES - INTERNET ACCESS SERVICE AGREEMENT
The Board was advised that the Washington State Department of Information Services (DIS) provides data connectivity between Shelton and Olympia and provides Internet Access to Mason County. The service has been transferred from INPHO to DIS. A new agreement is necessary. This will provide for internet access for the whole county at $175/month and data access to Olympia at $200/month.
Cmmr. Cady/Olsen moved and seconded to authorize the chairperson to execute the Department of Information Services Agreement for Intergovernmental Network Services and Internet Access Services. Motion carried unanimously. B-aye; C-aye; O-aye.
MEMORANDUM OF AGREEMENT WASHINGTON STATE UNIVERSITY/COOPERATIVE EXTENSION
It was recommended the Board authorize the Chair to sign the Memorandum of Agreement for 2000 with the Washington State University/Cooperative Extension in the amount of $30,000 to provide an extension program.
Cmmr. Olsen/Cady moved and seconded to authorize the chair to sign the Memorandum of Agreement for 2000 with the Washington State University/Cooperative Extension in the amount of $30,000 to provide an extension program. Motion carried unanimously. B-aye; C-aye; O-aye.
Cmmr. Cady/Olsen moved and seconded to appoint Arnold Fox to the Mason County Housing Authority. Motion carried unanimously. B-aye; C-aye; O-aye.
LIQUOR LICENSE APPLICATION
1) Liquor License Assumption: Privileges Applied for: Beer/wine restaurant Beer/Wine; Tradename: The Par-Tee Caf, Union, WA; From: Alderbrook Golf & Yacht Club dba Alderbrook Golf Course Snack Bar; To: Diane & William Campbell.
Cmmr. Olsen/Cady moved and seconded there are no objections to the liquor license assumption for beer/wine sells from the Alderbrook Golf & Yacht Club to Par-Tee Caf for Diane & William Campbell. Motion carried unanimously. B-aye; C-aye; O-aye.
2) Special Occasion liquor license to sell beer and wine on specific date for consumption at a specific place, and to sell beer/wine in unopened bottle or package for off premises consumption; and/or spirituous liquor by the individual glass for consumption at a specific place. Applicant: Shelton Nimrod Club; Place: Nimrod Club Hall; Date: March 4, 2000; Time: 6 pm to midnight
Cmmr. Cady/Olsen moved and seconded there are no objections to the special occasion liquor license to sell beer/wine on March 4, 2000; 6 pm to midnight for the Shelton Nimrod Club at the Nimrod Club Hall. Motion carried unanimously. B-aye; C-aye; O-aye.
WORK SITE AGREEMENT
It is recommended the Board authorize the chair to sign a Work Site Agreement for LaDonna Moran for up to nine months from February 9, 2000 at 20 hours per week in the Commissioners office. The Community Jobs Initiative program covers the participant for insurance and minimum wage. The County is responsible to provide a work site for the participant to gain work experience.
Cmmr. Olsen/Cady moved and seconded to approve the work site agreement for LaDonna Moran for up to nine months from February 9, 2000 up to 20 hours per week in the Commissioners office. Motion carried unanimously. B-aye; C-aye; O-aye.
INTERLOCAL AGREEMENT - STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE, ECONOMIC DEVELOPMENT
The Economic Development Council of Mason County has recommended the Board authorize the chair to sign an Interlocal Agreement with the Washington State Department of Community, Trade, and Economic Development to add San Juan County to the Olympic Microloan Fund region.
Cmmr. Cady/Olsen moved and seconded to authorize the chair to sign an Interlocal Agreement with the Washington State Department of Community, Trade, and Economic Development to add San Juan County to the Olympic Microloan Fund Region. Motion carried unanimously. B-aye; C-aye; O-aye.
CHEHALIS BASIN PARTNERSHIP TRANSFER OF LEAD ENTITY STATUS WATERSHED AND SALMON ENHANCEMENT GRANTS
The Board was asked to approve a resolution providing for transfer of lead entity status to Grays Harbor County for watershed and salmon enhancement grants for Chehalis Basin Partnership.
Cmmr. Olsen/Cady moved and seconded to approve a resolution providing for the transfer of lead entity status to Grays Harbor for watershed and salmon enhancement grants for Chehalis Basin Partnership. Motion carried unanimously. B-aye; C-aye; O-aye. Resolution No. 13-00 (Exhibit C)
ASSUMPTION AGREEMENT CABLE TELEVISION FRANCHISE AGREEMENT
Charter Communications, Inc. is requesting the County authorize the chair to sign an original Assumption Agreement between Falcon Video Communications and Charter Communications Inc.
Cmmr. Cady/Olsen moved and seconded to authorize the chair to sign an original assumption agreement between Falcon Video Communications and Charter Communications, Inc. Motion carried unanimously. B-aye; C-aye; O-aye.
VETERANS ASSISTANCE APPLICATIONS
The Veterans Assistance Screening Committee is recommending approval on the below listed applications totaling $2,852.17.
John E. Malick VFW 1694 Housing $400.00
Theodore J. Smith VFW 1694 Housing $390.00
Michael J. Heimbigner VFW 1694 Housing $400.00
Raymond Bullard VFW 1694 Food $200.00; Utilities $200.00 = $400.00
Steve Inman VFW 1694 Housing $400.00
David Branson VFW 1694 (Ann Hoggarth) Mileage Reimbursement $65.00
Leonard E Wilford VFW 1694 Housing $350.00
George W. (Mary - spouse) Depoe VFW 1694 Utilities $227.65
John P. Hardy VFW 1694 Utilities $219.52
Cmmr. Olsen/Cady moved and seconded to approve the veterans assistance applications as recommended by the Veterans Assistance Screening Committee for John E. Malick $400.00; Theodore J. Smith $390.00; Michael J. Heimbigner $400.00; Raymond Bullard $400.00; Steve Inman $400.00; David Branson (Ann Hoggarth) $65.00; Leonard E Wilford $350.00; George W. (Mary - spouse) Depoe $227.65; and John P. Hardy $219.52 for a total of $2,852.17 Motion carried unanimously. B-aye; C-aye; O-aye.
RESCHEDULE SHORELINE SUBSTANTIAL DEVELOPMENT/VARIANCE PERMIT - GOLDMANIS
Request to reschedule the Shoreline Substantial Development/Variance Permit for Sven Goldmanis from February 15, 2000 at 10:00 a.m. to Tuesday, March 7, 2000 at 10:00 a.m.
Cmmr. Olsen/Cady moved and seconded to reschedule a shoreline substantial development/variance permit for Sven Goldmanis from February 15, 2000 at 10 am to Tuesday, March 7, 2000 at 10 a.m. Motion carried unanimously. B-aye; C-aye; O-aye.
SHORELINE SUBSTANTIAL DEVELOPMENT CONT.- BUECHEL
The Board considered the staff comments on the shoreline substantial development permit sought by Richard Buechel to construct a 10-slip marina on Hood Canal. The public hearing was closed on January 25, 2000.
Grace Miller, Planner, explained that the Board held a public hearing on January 25, 2000 to consider the 10-slip marina near Union. Revised plans were submitted indicating a new location and size for the proposal. Three questions were raised during that hearing and the Board requested that staff address those issues for the meeting.
The staff contacted Frank Meriweather, Department of Health, and asked how his January 21, 2000 letter comments might impact the use of the existing pier on the applicants property and any future neighboring piers that May be constructed on adjacent property. Mr. Meriweathers responded that
The existing pier facility in front of Mr. Buechels residence can be used for moorage for boats operated by Mr. Buechel or his family or by guests staying at his residence. The Department of Health is unaware of the need for any other kind of moorage at the existing pier facility, therefore any overnight moorage by other boats of concern at this location would be combined by the Department of Health with moorage of the proposed 10-slip facility.
Construction of the proposed Richard Buechel dock facility would not preclude adjacent property owners from installing pier facilities. That is the Department of Health would not combine moorage slips from a community use pier at the Wondervue Plat of Tract A with the proposed Buechel 10-slip facility in determining the existence of a marina. However, maintenance of both facilities must minimize any possible contamination to marine waters. Also, moorage of more than 10 boats at either facility would require the establishment of a shellfish closure zone around the facility.
Another concern that was raised by the Board regards property lines, refer to the short plat of four properties owned by Mr. Buechel and South Shore Enterprises. The revised proposal crosses the property line between parcels 2 & 3 as shown on the short plat. The pier is shown beginning from the uplands 9 east from the line. The property line that is missing from the revised site plan is between parcels 2 & 4.
Staffs recommendation of denial of the revised proposal remains the same based on its inconsistency with the Shoreline Master Program with the findings in the previous staff report given.
The Planning Staff stated that if the Board approves the proposal, it is recommended that the conditions stated in staff report addendum #2, dated January 21, 2000 be attached to the permit.
The Board discussed Mr. Meriweathers letter in Section 1 where he is combining the two facilities. If there were seven boats at the proposed facility and three boats overnight at the existing facility, that would constitute 10 boats. If there were four boats at the existing facility that would constitute 11 boats and would require a shellfish closure.
Cmmr. Bolender noted there is a proposal for a 10-slip dock, which is considered a dock and not a marina. If Mr. Buechel had 10 boats in that proposed facility, he could not have moorage at his existing facility.
Mrs. Miller added that the original facility proposed by Mr. Buechel would have eliminated the existing pier.
Cmmr. Cady stated this process has been carried on for a long. The applicant has come back to the Board with probably a better proposal. She was not sure it accomplishes what is needed on the Canal as far as having a place where the larger boats can be moored. The Board has received the answer requested from Mr. Meriweather and included it as a condition. It is time to move on with this. If there is an ongoing process from anyone else, they are able to pursue it. The applicant has met the conditions and requirements asked for.
Cmmr. Olsen expressed she has reservations. She believed it is inconsistent with the Shoreline Master Program. The facility has been out of business for so many years, she did not believe it has any vested rights. It is a commercial facility that crosses parcel lines and sits in front of residential properties.
Cmmr. Bolender voiced his primary concern with the proposal is they are working in an area designated in the Shoreline Master Program as conservancy area. A conservancy area talks about maintaining the natural environment and natural function of ecosystem. He agreed with Cmmr. Olsen that the facility has been out of existence for a long period of time, that is something he would consider overlooking if they are not dealing with a conservancy designation. Things which should be considered along Hood Canal or any other place in Puget Sound is adequate space and facilities for access to the water and recreational boating in Puget Sound. This proposal would assist in that. However, when the proposal was first submitted to the Board it was submitted as a commercial dock with 10 slips to moor very large boats in excess of 30. The applicant testified that he intended his proposal to serve a specific niche in the Puget Sound yachting marketplace and a need for a facility that was specifically for larger boats. The applicant and the agent, both indicated they were not intending to duplicate the type of moorage presently available at the Union Marina. Through the revision process it appears the original goals and objectives of the applicant have changed. They have changed to some extent due to the Boards direction and request of the applicant. It seems that the market or niche that he was originally basing his proposal on has changed. Because there is a facility that is similar to the proposal, already in existence in a shoreline area that is designated as urban. Cmmr. Bolender stated he is finding it difficult to get over the conservancy issue and could not support the application as it is revised.
Cmmr. Cady voiced concern that it appears the Board has not served Mr. Buechel well.
Cmmr. Cady/Bolender moved and seconded to approve the shoreline permit request SHR98-0007 for a 10-slip dock at Union with the five conditions as presented in the January 21, 2000 staff report and with an additional condition #6 which would allow only 10 overnight boats total between the 10-slip dock and the existing dock in front of Buechels residence. Motion failed. B-nay; C-aye; O-nay.
Cmmr. Cady again expressed concern that the Board delayed this another week to receive comments from Mr. Meriweather if the proposal was not acceptable as revised.
Cmmr. Bolender responded that two questions were raised at the last hearing and the Board asked for further investigation on them. The information provided by Mr. Meriweather did not alter his position that he maintained at the last hearing, however, he believed it was important to allow a response to the question raised by a resident at the previous hearing.
Cmmr. Olsen/Bolender moved and seconded to deny the permit as resubmitted for SHR98-0007. Motion carried unanimously. B-aye; C-aye; O-aye.
The Planning Staff will prepare the Findings of Fact for the Boards signature.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT EDRALIN
The Board considered a shoreline substantial development permit for Laurence Edralin.
Grace Miller, Planner, explained that the proposal is to construct a 1 story garage with accessory living quarters on second floor located at Island Shores.
Planning Staff recommended approval with the following conditions:
1) All necessary Mason County Environmental Health and Building Permits must be obtained prior to use of the building as an accessory living quarter.
2) Prior to issuance of the Building Permits for the residence and garage, the retaining walls plan is to be revised to protect the adjacent property owners bank. The applicant shall provide additional engineering geologist report to substantiate the proposed masonry retaining walls for this bank protection. The report must be reviewed and approved by the Public Works Department.
3) All upland areas disturbed or newly created by construction activities shall be seeded, vegetated or given some other equivalent type of protection against erosion.
4) Excavated materials cannot be used as landfill within 200 feet of the shoreline without prior approval from the Planning Department.
5) Slope, driveway and parking area surface water should be controlled and collected. Appropriate measures shall be used to direct the surface water runoff to collection points. No surface water should be discharged onto sloped areas.
6) The site preparation recommendations listed in the geoengineers report on page 7 shall be adhered to.
7) The roofline or any portion of the garage, which is over 30" in height above average grade, will require a 10 setback from the property line.
Photographs of the site, which were taken a week ago, were shown of the slide area. There was a slide in December mostly behind the neighbors boathouse. The small one moved over to the north toward their house.
The Board questioned if they are proposing a retaining wall behind the house when it is constructed.
Mrs. Miller responded yes, they are proposing three concrete retaining walls terracing up the bank. The base would be the foundation for the house set back into the bank and behind it would be two more 8 walls going up the bank. They are proposing to extend the retaining wall onto the neighbors property.
There was no public present to testify.
Cmmr. Olsen/Cady moved and seconded to conditionally approve the shoreline permit request SHR 99-0043 with the seven conditions listed above and adopt the Findings of Fact for the chairpersons signature. Motion carried unanimously. B-aye; C-aye; O-aye.
Adjust Warrant 6147
Adjust Warrant 6227
The regular meeting adjourned at 11:30 a.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