BOARD OF MASON COUNTY COMMISSIONERS PROCEEDINGS
March 7, 2000
The meeting was called to order at 9:00 a.m. by Chairperson John A. Bolender who led the Pledge of Allegiance. Commissioners Mary Jo Cady and Cynthia D. Olsen were in attendance.
APPROVAL OF MINUTES
Cmmr. Cady/Olsen moved and seconded to approve the minutes of February 15 and February 8 as presented. Motion carried unanimously. B-aye; O-aye; C-aye.
Cmmr. Cady/Olsen moved and seconded February 22 and February 24 as presented. Motion carried unanimously. B-abstain; O-aye; C-aye.
C O R R E S P O N D E N C E
Elaine Manheimer, President of Union River Basin Protection Association, voiced objection to proceeding with the Belfair Bypass without a State Environmental Protection Act review, local input, and review by Federal Fish & Wildlife or National Marine Fisheries Services. A copy was forwarded to Planning Department.
URBAN GROWTH AREA
The Union River Basin Protection Association does not support any portion of the Union River or its tributaries to be placed in an urban growth area. Copy also sent to Planning Department.
FOREST EXCISE TAX DISTRIBUTION
Received notice of the forest excise tax distribution of $228,609.95 Current Expense; $1,559.66 Veterans Assistance; and $3,481.38 Mental Health. Copy sent to Budget & Finance.
The Economic Development Council of Mason County thanked the County for responding favorably to a portion of their February 16 letter regarding the Comprehensive Plan. They asked that the County also remove some language from the plan revision RU213. Copy also forwarded to the Planning Department.
MINERVA BEACH RV & MOBILE HOME VILLAGE
Opposition was expressed from Betty Rogers to change use of the Minerva Beach RV & Mobile Home Village to a low income housing for tribal members. Copy sent to Planning.
PUBLIC HEALTH SERVICES
A letter was received asking the County to assist in achieving a speedy resolution to a failing septic system above Tiger Lake. Copy forwarded to Public Health Services.
Fire Protection District No. 5 thanked the County for reinstating the Fire Marshal position part time and requested that a way be found to reinstate the Fire Marshal to a full time position.
B U S I N E S S
PATROL CAR & JAIL VAN PURCHASES
Dave Loser, ER&R, requested the Board approve the purchase of five 2000 Ford Crown Victoria police cars and one 2000 passenger van utilizing the Washington State contract.
Cmmr. Cady/Olsen moved and seconded to authorize the ER&R Fund Manager to purchase five 2000 Ford Crown Victoria police cars and one 2000 passenger van utilizing the Washington State contract for the Sheriff's Department. Motion carried unanimously. B-aye; O-aye; C-aye.
CRP 1380 AND 1381, GRAPEVIEW LOOP ROAD
Jerry Hauth, Public Works Director, requested permission to request proposals from the 2000 Consultant Roster for completion of the road design for CRP 1380 and 1381, Grapeview Loop Road.
Cmmr. Olsen/Cady moved and seconded to authorize the Department of Public Works to request proposals from companies off the 2000 Consultant Roster for road design for CRP's 1380 and 1381, Grapeview Loop Road and enter into contract with the consultant selected. Motion carried unanimously. B-aye; O-aye; C-aye.
GEOTECHNICAL SERVICES - NORTH SHORE
Mr. Hauth requested the Chair execute the contract with Geo Engineers to provide geotechnical services for several slide locations on North Shore Road.
Cmmr. Cady/Olsen moved and seconded to authorize the Chairperson to execute the contract for Geo Engineers, Inc. of Redmond, WA to provide geologic/geotechnical and biological consultation for proposed shoreline erosion repairs at approximately 16 locations on North Shore Road between milepost 6 to milepost 15. Motion carried unanimously. B-aye; O-aye; C-aye.
BID OPENING Furnish Mason County with Asphalt Concrete, MC 250 (cold mix) and/or CSS1 Tack Coat for the Calendar Year 2000.
Jerry Hauth presented the three bids received.
Asphalt Class B $32/ton
Asphalt Class G $33/ton
Asphalt Class B $29.50/ton
Asphalt Class G $30.50/ton
Ace Paving Co.
Bremerton, WA (Belfair Plant)
Asphalt Class B $29.00/ton
Asphalt Class G $29.50/ton
Ace Paving, Co.
Bremerton, WA (Shelton Plant)
Asphalt Class B $29/ton
Asphalt Class G $29.50/ton
No Bid on MC250
No Bid on CSS1
BID OPENING Removal for pre-sorted, salvageable metals (i.e. white goods, steel, tin, aluminum, copper, etc.), from: Mason County Solid Waste Facility & Belfair Drop Box Station.
Alternative B, 3.4 cents per pound
Refrigerators, Alternative B $10 each
Shelton Auto parts
Alternative B, 2 cents per pound
Refrigerators, Alternative B $8 each
Mr. Yando recommended the bid be awarded to Shelton Auto Parts.
Cmmr. Olsen/Cady moved and seconded to concur with Mr. Yando and award the bid for removal of pre-sorted salvageable metals to Shelton Auto Parts at two cents per pound and $8 per refrigerator as low bidder. Motion carried unanimously. B-aye; O-aye; C-aye.
FREE DUMP DAY
Mr. Yando announced April 8 will be a free dump day at the landfill. Sign-ups will be required.
ENGINEERING CONTRACT - CRP 1598
Mr. Hauth requested the Chair execute the supplemental agreement no. 1 to the contract with SCA Engineering for CRP 1598, Old Olympic Highway (Skookum Creek Bridge).
Cmmr. Olsen/Cady moved and seconded to authorize the Chair to execute supplemental agreement no. 1 to Phase 1 of the contract with SCA Engineering for design services on CRP 1598, Old Olympic Highway (Skookum Creek Bridge). Motion carried unanimously. B-aye; O-aye; C-aye.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT Proposal is a one-owner pier, ramp, and float on Hood Canal; Applicant: John & Joan Peckenpaugh.
Shandra O'Haleck, Planning, presented the staff report. The proposal is the construction of a 40' by 6' pier supported by four pilings and upland concrete blocks, 40' by 4' aluminum ramp, and a 20' by 10' boat slip with two 6' by 20' fingers (600 square foot total). Total length of the project is 100 feet.
As designed this proposal is consistent with the Shoreline Management Act and the Mason County Shoreline Master Program, subject to the following conditions:
1. The applicant shall secure a Washington Department of Fish and Wildlife Hydraulic Project Approval and follow all construction specifications authorized in that permit. This will include a bio-assessment of the site by a qualified biologist approved by the Department of Fish and Wildlife.
2. A Corps of Engineers Permit of Exemption is required prior to construction.
3. Department of Natural Resources Aquatic Lands Section review shall be secured prior to construction.
4. The applicant shall use best management practices for construction of the structure and shall remove construction debris from the shoreline area following project completion.
5. The applicant is responsible to ensure that Best Management Practices are designed into the project and implemented during construction to comply with Washington State Surface Water Quality Standards, WAC 173-201A, revised November 18, 1997.
Cmmr. Bolender referred to the cumulative impact concern expressed in the Fish & Wildlife letter. He asked what other types of piers surround the site.
Ms. O'Haleck responded there are numerous piers and docks along the shoreline in the immediate area. The nearest ones May be 500' in one direction and about 1000' in the other direction.
Cmmr. Bolender stated it doesn't appear to be a great impact in this instance.
Linda Gilbreath, permit agent for applicant, clarified it is chain link fence along the pier for safety reasons and the surrounding area will be fenced and gated with "no trespassing" signs posted. This will be for private use.
Cmmr. Cady/Olsen moved and seconded to approve Substantial Development Permit #99-0048, John & Joan Peckenpaugh as presented by staff with conditions 1-5 as described in the staff report. Motion carried unanimously. B-aye; O-aye; C-aye.
Cmmr. Cady/Olsen moved and seconded to approve the findings of fact for SHR 99-0048 and authorize the Chair to sign. Motion carried unanimously. B-aye; O-aye; C-aye.
Mr. Hauth requested authorization to trade a 0.61 acre piece of county land located in the Johns Prairie area for a piece of land of similar size and equivalent value owned by Bayshore Incorporated.
Cmmr. Olsen/Cady moved and seconded to agree with the recommendation for the land exchange, as presented by Public Works and authorize Public Works to initiate the process by preparation of the necessary documents to be presented to Superior Court. Motion carried unanimously. B-aye; O-aye; C-aye.
SKILLINGS-CONNOLLY, INC AMENDMENT
Mr. Hauth requested the Chair execute amendment #1 to supplemental agreement #3 for the SR 101 Connector Corridor Study Agreement #98015 with Skillings-Connolly, Inc.
The amendment revises the scope of work to acknowledge an Environmental Impact Statement will be required for this project.
Cmmr. Cady/Olsen moved and seconded to authorize the Chair to execute Amendment #1 to Supplemental Agreement #3 on the Skillings-Connolly Contract No. 98015 for the Mason County SR 101 Connector Corridor Study. Motion carried. B-nay; O-aye; C-aye.
Cmmr. Bolender spoke to the motion, he doesn't believe this portion of the study is an essential part for Public Works and therefore he cannot support this proposal. He believes the remaining portion of the Belfair Bypass project can be moved forward as well as address the issues at Trails End and WT Buding Road without completing the corridor study. He urged the Board to hold off on implementing this for the time being.
MAINTENANCE ENGINEERING MANAGER
Mr. Hauth recommended the promotion of Rich Geiger and Rick Blake to the position of Maintenance Engineering Manager.
Cmmr. Olsen/Cady moved and seconded to authorize Public Works to promote Rich Geiger and Rick Blake to the position of Maintenance Engineering Manager, effective 4-1-2000. Motion carried unanimously. B-aye; O-aye; C-aye.
ENGINEERING SUPPORT SERVICES MANAGER
Mr. Hauth requested permission to post within the department and publicly advertise the position opening of Engineering Support Services Manager and interview and hire.
Cmmr. Cady/Olsen moved and seconded to authorize the Department of Public works to concurrently post with the Department and publicly advertise the position opening of Engineering Support Services Manager, then subsequently interview and hire to fill the position. Motion carried unanimously. B-aye; O-aye; C-aye.
Mr. Hauth requested permission to fill the vacated Road Supervisor position.
Cmmr. Olsen/Cady moved and seconded to authorize the Department of Public Works to post/interview/hire within the Department of Public Works to fill the position of Road Supervisor and, if necessary, publicly advertise ad subsequently interview/hire. Motion carried unanimously. B-aye; O-aye; C-aye.
CHAINMAN TECH IV
Mr. Hauth also asked to post and advertise for the Chainman Tech IV position.
Cmmr. Olsen/Cady moved and seconded to authorize the Department of Public Works to post within the Mason County Engineers Guild and concurrently publicly advertise, then interview and hire to fill the position of Chainman Tech IV. Motion carried unanimously. B-aye; O-aye; C-aye.
AMENDMENT - CTED AGREEMENT
Dave Salzer, Planning, requested the Board approve amendment #1 to the intergovernmental agreement with Department of Community, Trade and Economic Development regarding GMA. This is for an amended scope of work.
Cmmr. Cady/Olsen moved and seconded approve the first amendment to the intergovernmental agreement with the State of Washington Community, Trade and Economic Development and Mason County, contract #s00-62900-016. Amendment #s00-62900-016A and authorize the Chair to sign. Motion carried unanimously. B-aye; O-aye; C-aye.
VETERANS ASSISTANCE APPLICATIONS
William T. Hatfield VFW 1694 Utilities $405.38
Douglas L. Carlson VFW 1694 Housing $400.00
Epifanio Longoria VFW 1694 Food $200.00
Richard Conklin- VFW 1694/AL 31 Housing $400.00
John P. Hardy VFW 1694 Utilities $92.15
Ricky L. Wood VFW 1694 Utilities $200.15
Michael Neese - VFW 1694 - Housing $317.00; Utilities $104.89 =421.89
Kelly Green - VFW 5372 - Utilities $142.31
Larry Tunno - VFW 5372 - Utilities $151.83
Wenzel Sperl - VFW 5372 - Utilities $400.00
Jospeh Allen - VFW 5372 - Housing $400.00
William Richardson - VFW 5372 - Housing $400
It was clarified the recommendation is that Mr. Hatfield receive $400 even and Mr. Neese receive $21.89 out of the emergency funds.
Cmmr. Olsen/Cady moved and seconded to approve the Veterans' Assistance applications for William Hatfield, $400; Douglas Carlson, $400; Epifanio Longoria, $200; Richard Conklin, $400; John Hardy, $92.15; Ricky Wood, $200.15; Michael Neese, $421.89; Kelly Green, $142.31; Larry Tunno, $151.83; Wenzel Sperl, $400; William Richardson, $400; Joseph Allen, $400. Motion carried unanimously. B-aye; O-aye; C-aye.
SHORELINE SUBSTANTIAL DEVELOPMENT & VARIANCE PERMIT (Cont. from 12/7/99; 2/01/00 & 3/7/00) After-the-fact proposal to construct a non-conforming dock on Mason Lake. Applicant: Sven Goldmanis.
Shandra O'Haleck, Planning, presented the staff report. The proposal is a 30 foot by approximately 60 foot non-floating dock on Mason Lake.
Based upon Mason County's Shoreline Master Program policies and regulations, staff finds the dock facility that has been constructed is inconsistent with section 7.13.020 of Chapter 7.13 (Applicability to Nonconforming Development) which imposes time limits on repair and maintenance of non-conforming structures to be up to one year after decay or partial destruction.
As new construction, this proposal is inconsistent with Piers and Docks Use Regulations numbers 7 and 9 which limit the size of docks to eight feet wide by 50 feet long on fresh water. This proposal is also inconsistent with regulations 10 and 11 which allow for an "L" or "T" float to be attached with overall length parallel to the shore limited to 24 feet wide (8 for the dock and 16 for the float) and square footage limited to 250 feet without a boat slip.
This proposal is inconsistent with Piers and Docks Policy #1 which states that the design of docks should minimize conflicts with recreational boaters and fishermen who, because of the size of this dock, are now less able to access portions of the shoreline.
This proposal is inconsistent with Piers and Docks Use Regulation #1 due to the greater adverse effects on fish or wildlife from larger over water construction. The proposal also fails to meet all the variance criteria in Chapter 7.28.020 of the Shoreline Master Program.
Staff recommends denial based on the fact the proposal is inconsistent with Piers and Docks policies and regulations, Applicability to Non Conforming Development Chapter, and does not meet the Variance criteria.
The Shoreline Advisory Board recommended denial of the permit.
Sven Goldmanis, applicant, stated he believes items were left out of the staff report or were erroneous. With regard to a grant of special privilege not enjoyed by other properties, his response was that this property previously was completely covered by five docks. It was one of two marinas on the lake so he can understand why others would not be able to enjoy it.
Cmmr. Cady explained the special privilege not enjoyed by others refers to the ability to build a non-conforming dock.
Mr. Goldmanis then stated the comments he has received from neighbors after the previous structure was destroyed was that they were happy about it because there weren't as many boats. He explained he purchased it in 1987 with a partnership and was leased out from that point of time to a particular individual who wanted to change from the grocery store to the tavern. He stated the store was never in disrepair, they always repaired it.
With regard to the statement in the staff report that the store was unsafe for occupancy, it never was to him and he didn't receive notice of that.
He stated the previous owner had indicated he had permits for a variety of things that were done on the property. After investigating, it was discovered that was not the case. Mr. Goldmanis stated that after litigation the previous owner corrected the problem with the removal of some of the items.
With regard to the comment of him telling staff that he removed some things or replaced because they were creosote pilings, he was instructed by his attorney not to talk to anybody unless there was someone else in the room. Mr. Yando was present during the conversations. Those statements are incorrect and they are not validated.
He recounted the history of the property. The store had been there for a long time. He stated his neighbor pulled up their well unknown to him. It created a problem on the property with landslide concerns. There was high water and the store was floating on it and it had to be repaired. Each time they approached the County on it, the County didn't want to do anything about it.
The first high water destroyed a number of their docks, they called the County and he stated nobody at the County was concerned and they proceeded to remove those docks, this was in approximately the beginning of 1990.
In 1995 he went to FEMA and Joe Murray of Emergency Management who clearly stated to repair and maintain it. He stated FEMA in Bothell and Shelton said the same thing and that is where the jurisdictional situation came about.
Cmmr. Bolender interjected it is not a question of jurisdiction. Neither FEMA nor Emergency Services have the authority to permit structures with a Mason County building permit. He believes the instructions were that he could proceed but a building permit and shoreline substantial development permit were still necessary.
Mr. Goldmanis agreed with Cmmr. Bolender. He then stated FEMA clearly stated that what was there was something that could be replaced.
Cmmr. Cady stated FEMA would pay for it but that's all they could do.
Mr. Goldmanis stated he didn't apply for the 3% loan. He stated he understands what the Board is saying.
Cmmr. Bolender stated he wanted to make sure Mr. Goldmanis is clear as to what FEMA's authority is and the rules and regulations regarding construction.
Mr. Goldmanis responded that he doesn't know what the distinction is because he has received mixed messages.
Cmmr. Bolender explained Mason County has a land use code that requires permits for certain types of construction and that is the underlying ordinance. What FEMA's interpretation is of the ordinance is immaterial and not pertinent to this discussion.
Cmmr. Cady added that basically FEMA is an insurance company and they authorize you to repair and maintain it because they will pay for it.
Mr. Goldmanis stated he understands that, the question was could he replace the structure. The answer by FEMA was they can issue the permit.
Cmmr. Bolender interjected that FEMA is not a permitting agency.
Mr. Goldmanis understands FEMA is not a permitting agency and the County is. He then talked about FEMA's issue of what was there and what was replaced.
Cmmr. Bolender stated FEMA could supply the dollars to reconstruct what was there if it meets the local land use code.
Mr. Goldmanis stated when the bulkhead was falling into the lake, which was basically creosote piling that were stacked up, he proceeded to repair that without a permit. They were red tagged, Grace Miller granted an emergency permit with the understanding they would obtain the engineering for the bulkhead. They then said they were going to repair the rest of it. The pilings were all still there for the dock and the main store structure. They repaired the dock with the existing piling and created one large dock rather than the five original docks.
Cmmr. Bolender asked if Mr. Goldmanis or his partners have replaced pilings since they have owned the property.
Mr. Goldmanis, yes they have. They have repaired them as they have gone along.
Cmmr. Bolender asked if they were replaced with a permit.
Mr. Goldmanis, no, the ones that were dilapidated they replaced.
He presented photos, which he believes were taken in 1989 or 1990, of former docks and the structures were there from the 1950's.
Cmmr. Bolender stated the photos aren't relevant because they do not document there has been a structure, in operation, within the last 10 years. Staff pointed out there had been a structure there that had not been operating as a commercial facility and was a non-conforming use.
Mr. Goldmanis responded they tried to get the permit completed and were delayed by the County. He confirmed that two years ago, there were structures on the property and prior to that there was nothing he could have done.
Mr. Goldmanis stated he went to a meeting with the engineers, hydrologists and Cmmr. Olsen regarding high water. He believes high water created the problem. He stated the five culverts are not functioning.
Cmmr. Bolender asked how that relates to his permit.
Cmmr. Olsen pointed out the culverts are functioning, they are not blocked. There is blockage further down the stream.
Mr. Goldmanis responded he heard, per the county engineer, there has not been a culvert that has been successful.
He then stated high water created the problem for his dock due to non-functioning culverts.
Cmmr. Cady asked the size of the dock.
Mr. Goldmanis responded it is a little under 1,200 square feet and the prior dock was over 2,000.
Cmmr. Olsen noted that the last dock they have record of being on site was approximately 41' by 6' which was in 1995.
Cmmr. Bolender referred to the photograph in the staff report which demonstrated what was on site in 1995.
Ms. O'Haleck presented an undated aerial photograph she obtained from Public Works. Cmmr. Bolender stated because it is undated he cannot accept it as fact.
She then presented photos from 5-15-95 when the stop work order was issued. (Exhibit 1)
The 1995 photos were discussed.
It was determined there were storm events in December, 1994 and in December, 1996.
Cmmr. Bolender noted that in the 1995 photos it appears there was a much narrower structure.
Mr. Goldmanis responded the piers were much smaller and the original base that was there was substantially larger.
Cmmr. Bolender stated the permit for the bulkhead didn't authorize the removal of existing structures, it authorized the rebuilding of the bulkhead. A demolition permit was needed to remove the dock if that was needed in order to rebuild the bulkhead. It appears the demolition of what was left after the storm was removed without a proper permit.
Mr. Goldmanis replied he didn't doubt that because part of that was a result of high water constantly undermining it. The piles were taken out on the one side and on the beach because there was dirt and mud there. They were removed because they were part of the wall and there was no other way that could be rebuilt. He stated that was part of reconstructing the wall.
Cmmr. Cady stated the issue is a larger dock was built to replace a smaller structure and it doesn't meet the variance criteria.
Mr. Goldmanis disputed the structure size. He stated the County delayed him rebuilding the structure that was there.
Cmmr. Cady pointed out the structure was not there in 1995.
Mr Goldmanis agreed.
Cmmr. Olsen noted there are time limitations on rebuilding structures on shorelines.
Mr. Goldmanis stated the County held him up and didn't allow him to back and rebuild.
Cmmr. Olsen stated she doesn't understand how the County didn't allow him to go back. A stop work order was issued on a bulk head repair and he was allowed to continue with that after the proper permits were obtained.
Mr. Goldmanis stated the permit was held up by the County because of the water runoff due to the neighbor pulling up the well. The County wanted the runoff taken care of before a permit would be issued.
Cmmr. Bolender responded that was a needed step. If a permit had been issued with the water runoff still there, it would have been washed out by the runoff. Therefore he believes it was prudent of the County to not issue the permit until the runoff problem had been corrected.
Mr. Goldmanis stated he didn't create the water problem. He believes the County should have asked the neighbor, who created the problem, to close the well. He stated the well is not on his property.
Cmmr. Bolender noted that the County could not issue a permit in unfavorable conditions.
Cmmr. Cady asked when was the dock completed.
Mr. Goldmanis believes it was the end of 1995 or 1996. He again stated he was delayed.
Cmmr. Cady asked if that was without a permit.
Mr. Goldmanis responded that was correct.
Cmmr. Bolender asked why he didn't seek a permit at that time.
Mr. Goldmanis stated he knew he needed a permit and he chose to go repair and maintenance and then it was changed to a full permit.
Cmmr. Bolender responded that is because it is a completely new structure. It is well beyond a repair and maintenance. It could have been repaired without a permit if it didn't exceed the dollar threshold and the size. A new structure could not be built without a permit.
Mr. Goldmanis countered that it is not beyond the scope of what was there because there is no store and there are less pilings.
Cmmr. Olsen stated that is not relevant because what was there, was so many years ago, it is of no consideration.
Mr. Goldmanis disagreed because he believes it is an issue he didn't create. It was the stormwater and the County's delay that were the problem.
Cmmr. Cady asked when did the buildings and docks disappear.
Mr. Goldmanis believes between 1990 and 1995.
The Board stated the county information indicates it was removed in the early 1990's.
Mr. Goldmanis believes that is an appropriate time period.
Cmmr. Cady clarified the chronology - in the early '90's the existing docks and building were removed; in May 1995 the construction of wall was started; in 1996 the well issue was taken care of so in late 1996 the dock was built.
Ms. O'Haleck interjected the dock was built in 1999.
Mr. Goldmanis stated that wasn't true.
Ms. O'Haleck responded she received a call in April, 1999 that a dock was being built on the weekends without a permit. She made a site visit in May, 1999 which resulted in the stop work order.
Mr. Goldmanis believes that complaint was from the adjacent property owner who lost a law suit. He disagreed that the dock was built in 1999. He stated some things May have been finished up in 1999.
Photos of the site from 1999 were discussed.
When asked why he built the dock in 1996 without a permit, he stated he went forward based on information from FEMA and the on-going conversations he had with the County.
Cmmr. Bolender stated part of the structure is not a replacement structure and without a permit.
Mr. Goldmanis stated he submitted everything for the permit and paid the fine. He stated he can't keep repairing it without having some other issues taken care of, meaning the five culverts.
Cmmr. Bolender noted the high water affects everyone on the lake, it is not unique to Mr. Goldmanis.
Cmmr. Olsen reiterated that the culverts are not plugged at this time. It is further down stream.
Mr. Goldmanis agreed but high water has caused the need to repair it.
Cmmr. Bolender asked if he has considered a floating dock such as used on salt water.
Mr. Goldmanis understands that but this is a lake.
Cmmr. Bolender noted there is a history of high water on this lake.
Mr. Goldmanis again stated he believes the five culverts are the issue.
Cmmr. Olsen stated the issue is a non-conforming dock.
Mr. Goldmanis rebutted that if there hadn't been high water he would still have his old docks.
Cmmr. Olsen pointed out that the dock that was there in 1995 wasn't replaced with a like dock. It was replaced with a much larger, non-conforming, without a permit dock.
Cmmr. Bolender asked what kind of commercial business was operated off of the parcels.
Mr. Goldmanis responded the first year one of his partners sold groceries, beer and wine and gas from there which was in the early '90's.
Cmmr. Bolender noted a liquor license was applied for in 1989 and was denied.
Mr. Goldmanis stated that was for the person they leased it to. The liquor license was for hard liquor, not for beer and wine.
Cmmr. Cady asked Mr. Goldmanis why he tore down the store.
He responded it was being undermined because every time the high water came up it washed out and eroded underneath it.
Cmmr. Cady summarized they then rebuilt the bulkhead and asked Mr. Yando about rebuilding the store and was told no, she asked why.
Mr. Goldmanis responded he dealt with Grace Miller first on the wall and resolved that issue and then Mr. Yando came into the issue after the wall issue.
Cmmr. Olsen pointed out a stop work order was issued on the wall and there were no buildings there, they had already been torn down.
Cmmr. Cady noted there is a time frame when they can be rebuilt.
Cmmr. Olsen responded it is a one year time frame and something non-conforming like that can be a substantial remodel but not usually total replacement and permits do need to be applied for before any work can be done.
Ms. O'Haleck pointed out there are staff notes dating back to 1989 demonstrating staff was in contact with Mr. Goldmanis regarding regulations.
Mr. Goldmanis stated there is no question he has been involved with the County when the well was pulled up and when there was high water. At those times nobody bothered to come out.
Cmmr. Olsen responded no one would know to come out when no permits had been applied for.
Mr. Goldmanis stated it became a concern when he filed a lawsuit and won against a disgruntled neighbor.
Cmmr. Cady asked if he understands if he took the dock back to the conforming size, he wouldn't need a shoreline permit.
Mr. Goldmanis responded that he understands that aspect but he lost revenue on it over the years because he wasn't able to replace the store.
Cmmr. Cady stated with the flood regulations it wouldn't be allowed.
Cmmr. Olsen asked if Mr. Goldmanis ever asked for permits to do emergency repairs to stabilize the building while the wall was being worked on.
He stated the building was floating out onto the water. He stated repair and maintenance on several docks is a problem. He stated he is here because he didn't have a permit, he applied for one and paid the penalty and would like to come to a resolution.
Lee Willeiksen, Grapeview, owns property near applicant, stated people must follow the rules and the Board must do what the public asks. He had to remove a piece of equipment because it didn't meet regulations. He doesn't agree with breaking a rule and then hoping you don't get caught.
Cmmr. Bolender stated he doesn't believe the variance criteria has been satisfied.
Cmmr. Cady/Olsen moved and seconded to deny the SDP/Variance permit SHR99-0030, Sven Goldmanis, and within 60 days of the final decision the applicant shall obtain the appropriate permits to either remove the entire dock or modify the dock to meet current provisions of the Mason County Shoreline Master Program. Final decision date will be today or the Shoreline Hearings Board final decision, should it be appealed or Superior Court, if it is further appealed. Motion carried unanimously. B-aye; O-aye; C-aye.
Cmmr. Cady stated she has empathy for the applicant, he has lost the business and docks and the flooding continues. The new regulations that are in place would not allow for the store and docks to be rebuilt because of the flooding. She noted the variance criteria are not being met.
Cmmr. Cady/Olsen moved and seconded to authorize the Chair sign Findings of Fact when they are available. Motion carried unanimously. B-aye; O-aye; C-aye.
OATH OF INVENTORY
Connie Behrens, Auditor's Office, presented the Oath of Inventory, County Personal Property which was signed by the Board on Monday, March 6, 2000 in compliance with RCW 36.32.210. The total Mason County Personal Property Inventory, including ER&R, Mason County Landfill and Combined Sewer & Water is $9,256,367.82.
Cmmr. Olsen/Cady moved and seconded to concur with the Board's signatures of March 6, 2000 on the Mason County Oath of Inventory Personal Property form. Motion carried unanimously. B-aye; O-aye; C-aye.
INTERIM AGREEMENT - ENGINEERS GUILD
Skip Wright, Human Resources, requested the Board sign the interim agreement with the Engineers Guild concerning insurance coverage and the County's contribution toward employee group insurance premiums.
Cmmr. Cady/Olsen moved and seconded to approve and authorize the Chair to sign the interim agreement between Mason County and the Engineers Guild which provides for employee group insurance coverage for the year 2000 with a $425 per month maximum county premium contribution and an 80 hour per month eligibility threshold. Motion carried unanimously. B-aye; O-aye; C-aye.
LETTER OF UNDERSTANDING - AFSCME - HEALTH BENEFITS
Mr. Wright requested the Board sign the letter of understanding with the American Federation of State, County and Municipal Employees regarding health benefits.
Cmmr. Cady/Olsen moved and seconded to approve and sign the letter of understanding between Mason County and the American Federation of State County & Municipal Employees which provides for employee group insurance coverage for the year 2000 with a $425 per month maximum county premium contribution and an 80 hour per month eligibility threshold. Motion carried unanimously. B-aye; O-aye; C-aye.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT Proposal for installation of four anchor buoys in Oakland Bay; Applicant: Manke Lumber Co., Inc.
Grace Miller, Planning, presented the staff report. The proposal is the installation of four anchor buoys within the harbor lease area in order to fix assembled log rafts into position for storage. The location is the harbor area of Oakland Bay.
Staff recommend approval with the following conditions:
1. Floatation for the markers shall be fully enclosed and contained to prevent break up or loss of the floatation material into the water. (Per Use Reg. #1 of the Ports & Water Related Industry Chapter)
2. Project activities shall be conducted and maintained so as to prevent damage to adjacent activities. All debris and break-away logs on surface waters shall be removed immediately to prevent damage to adjacent water uses. (Per Use Reg. #1 of the Ports & Water Related Industry Chapter)
3. No petroleum products or other deleterious materials shall enter surface water. (Per Use Reg. #1 of the Ports & Water Related Industry Chapter)
4. Applicant shall obtain all other required State and Federal permits for project.
5. The anchor buoys shall be removed upon termination of the Department of Natural Resources Lease.
The Board asked if the applicant was in agreement with the additional condition of removing the buoys.
Holly Manke White, Manke Lumber Company, stated they support the staff report and the additional conditional.
Cmmr. Olsen/Cady moved and seconded to approve the request from Manke Lumber Company, SHR2000-00001, with the five conditions as noted by staff and adopt the findings of fact for the Chair's signature. Motion carried unanimously. B-aye; O-aye; C-aye.
BID AWARD - ASPHALT CONCRETE
Mr. Loser recommended the Board accept all bids received for asphalt concrete, MC250 (cold mix) and/or CSS 1.
Cmmr. Cady/Olsen moved and seconded to accept all bids received to provide Mason County Asphalt Concrete Class B and Class G, MC250 (cold mix) and/or CSS 1 (undiluted tack coat) for the calendar year 2000 with no guarantee of a minimum purchase of these materials. Motion carried unanimously. B-aye; O-aye; C-aye.
CONSOLIDATED CONTRACT AMENDMENT
Debbie Riley, Environmental Health Manager, presented an amendment to the Consolidated Contract.
Cmmr. Olsen/Cady moved and seconded to approve and authorize the Chair to sign the DOH contract amendment number C098617. This amendment has no change to the financial portion of the contract and to authorize the Chair's signature on the authorized signatures for 2000 sheet. Motion carried unanimously. B-aye; O-aye; C-aye.
LODGING TAX ADVISORY COMMITTEE
Cmmr. Cady/Olsen moved and seconded to appoint Cindy Sund to the Lodging Tax Advisory Committee as a lodging tax generator. Motion carried unanimously. B-aye; O-aye; C-aye.
HEARING Consider the petition to restrict the use of Unmuffled Compression Brakes on a portion of SR 101 (from milepost 314.63 south to milepost 352.00)
Bill Bullock, Public Works, presented the staff report. The petition and map was presented by James Connolly to restrict unmuffled compression brakes continuously from the Jefferson County line south to Potlatch. Milepost 314.63 south to milepost 325.00.
Mr. Connolly was present and testified this is needed because of the speed limit fluctuations in the area.
Cmmr. Cady/Olsen moved and seconded to execute the Resolution No. 17-00 prohibiting the use of unmuffled compression brakes along SR101 from milepost 314.63 to milepost 325. Motion carried unanimously. B-aye; O-aye; C-aye. Resolution No. 17-00 (Exhibit A)
LIQUOR LICENSE APPLICATION
New Application for Beer/Wine Restaurant Beer/Wine Off Premises: Applicants: Schasel Corp., Karen & Kevin Schasel; Tradename: Brooklyn Deli; Address: 591 E. Pickering Road, Shelton.
Cmmr. Olsen/Cady moved and seconded no objections for a new application for beer and wine and beer/wine off premises for Schasel Corp., Karen & Kevin Schasel, Brooklyn Deli. Motion carried unanimously. B-aye; O-aye; C-aye.
ECONOMIC DEVELOPMENT COUNCIL AGREEMENT
It was recommended the Board approve an agreement with the Mason County Economic Development Council for 2000 in the amount of $5,000 as budgeted.
Cmmr. Cady/Olsen moved and seconded to approve an agreement between Mason County Economic Development Council and Mason County for the year 2000 in the amount of $5,000 as budgeted. Motion carried unanimously. B-aye; O-aye; C-aye. Resolution No. 18-00 (Exhibit B)
LIQUOR LICENSE APPLICATION
Special Occasion License: Sell beer/wine on a specified date for consumption at specific place, and/or sell beer/wine in unopened bottle or package in limited quantity for off premise consumption; and/or sell spirituous liquor by the individual glass for consumption at a specific place. Applicant: Harstine Island Theater Club; Date; April 7, 2000; 6 pm 10 pm; Place: Harstine Community Hall.
Cmmr. Olsen/Cady moved and seconded no objections to special occasion license for Harstine Island Theater Club to sell beer and wine on a specified date at a specific place. It is for the Hartstine Island Theater Club on April 7, 2000 at the Harstine Community Hall. Motion carried unanimously. B-aye; O-aye; C-aye.
The regular meeting adjourned at 11:40 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