BOARD OF MASON COUNTY COMMISSIONERS PROCEEDINGS
April 25, 2000
The meeting was called to order at 7:01 p.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. Olsen/Cady moved and seconded to approve 4/4/00, 4/11/00 and 4/18/00 minutes as circulated. Motion carried unanimously. B-aye; O-aye; C-aye.
C O R R E S P O N D E N C E
ROAD VACATION FILE #307 RECONSIDERATION OF VALUE
The Assessors office has submitted a reconsideration of value for Road Vacation File #307 of $8,700.
COMPREHENSIVE PLAN & DEVELOPMENT REGULATIONS
Letters commenting on the proposed draft were submitted by: Theler Community Center; Donna Simmons; Joan M. Walker; Lynda Links; Skokomish Fisheries; Shirley J. Beelik; Kim & John McNamara; Terry Scott; William & Rebecca West; Karen Mensinger; John Duffield; Janet OConnor; Gary Seelig; Karen S. Lippy; Point No Point Treaty Council; Donna Simmons; Mary M. Knight School District 311; Manke Lumber Company, Inc.; Jean Moore; Emma Thomas; Don & Sue Pogreba; Frances Arnold; Betti Haskins; and Betty Ross Graves; Sarah Smyth McIntosh
DNR TIMBER SALE
A meeting is set for May 2; 7 pm for the Washington State Department of Natural Resources (DNR) to consider input on the plan to harvest timber on a portion of school trust land west of the Harstine Island Road at the south end of the Island. Revenues generated from the harvest will help fund construction of K through 12 schools in this state.
EMERGENCY MANAGEMENT COUNCIL
Governor Locke has appointed Mary Jo Cady as a member of the Emergency Management Council.B U S I N E S S
EMPLOYMENT AGREEMENT - PHILLIPS LAKE GATEPERSON
Mike Byrne, Tourism & Recreation, requested the Board approve the contractual employment agreement with John Byczynski for the Phillips Lake Gateperson.
Cmmr. Olsen/Cady moved and seconded to approve the contractual employment agreement with John Byczynski for the Phillips Lake Gateperson. Motion carried unanimously. B-aye; O-aye; C-aye.
CONCESSION SALES - MCRA
Mr. Byrne requested permission to post for quotes for concession sales at MCRA for photography services.
Cmmr. Cady/Olsen moved and seconded to authorize Tourism & Recreation Director to post for quotes for concession sales at MCRA for photography services, per Resolution No. 03-94, quotes accepted until May 5, 2000. Motion carried unanimously. B-aye; O-aye; C-aye.
WATSON WILDWOOD VIEW PARK
Mr. Byrne presented a resolution for the Board's approval accepting the Watson Wildwood View Park. This is located near Victor.
Cmmr. Olsen/Cady moved and seconded to adopt Resolution No. 33-00 that accepts the Watson Wildwood View Park into the Mason County Parks Department to be kept in perpetuity as a natural wilderness park with selective care as conditioned in the resolution. Motion carried unanimously. B-aye; O-aye; C-aye. Resolution No. 33-00 (Exhibit A)
Mr. Byrne requested permission to advertise, interview and hire for two temporary maintenance positions at the fairgrounds.
Cmmr. Cady/Olsen moved and seconded to authorize Mike Byrne to advertise, interview and hire a temporary maintenance position at the fairgrounds for the period of 6/26/00 to 7/31/00 at $7.25 per hour. Motion carried unanimously. B-aye; O-aye; C-aye.
Cmmr. Olsen/Cady moved and seconded to authorize Mike Byrne to advertise, interview and hire for the temporary assistant maintenance position for the fairgrounds for the period of 6/26/00 to 7/31/00 at $6.50 per hour. Motion carried unanimously. B-aye; O-aye; C-aye.
CONTRACT SUPPLEMENT - SCA ENGINEERING
Rich Geiger, Public Works, requested the Chair be authorized to execute the supplemental agreement no. 2 for the contract with SCA Engineering for CRP 1598.
Cmmr. Cady/Olsen moved and seconded to authorize the Chair to execute supplemental agreement no. 2 of the contract with SCA Engineering for CRP 1598, Old Olympic Highway/Skookum Creek Bridge, which increases the dollar amount of the contract by $15,760.61. Motion carried unanimously. B-aye; O-aye; C-aye.
Skip Wright, Human Resources Director, requested the Board authorize the Chair to sign the certification and Equal Employment Opportunity Plan as required by the Office of Justice Programs.
Cmmr. Olsen/Cady moved and seconded to approve, and authorize the Chairperson to sign the Certification and Equal Employment Opportunity Plan required by the Office of Justice Programs for Grant No. 96-CV-VX-0052, the Jail Remodeling grant. Motion carried unanimously. B-aye; O-aye; C-aye.
HEARING CONT. (from 4/4, 4/17 & 4/18) Consider revisions to Mason Countys Comprehensive Plan and Development Regulations
Bob Fink, Planning, presented the staff report. Under consideration are draft amendments to the Mason County Comprehensive Plan and some of the county development regulations. The changes are proposed to address the concerns of the Western Washington Growth Management Hearings Board in case #96-2-0023. The Board held a hearing on these amendments on April 4, 2000 and it was continued to April 17, 18 and onto today. He requested the Board adopt the proposed amendments and appropriate findings of fact in support of their action.
Cmmr. Cady referred to the Belfair UGA. She stated the plan doesn't include a good map that shows the Belfair village plan. She asked if there is an opportunity between now and when they do adopt, of getting the map.
Mr. Fink responded he doesn't know if the lines are drawn or have been approved by anyone where they would be willing to put it forward as to what the boundary could be.
Cmmr. Cady replied that could be a part of an additional work plan. She asked for an explanation of the Environmental Impact Statement (EIS) and why the Plan can't be adopted tonight.
Mr. Fink responded the County is preparing an addendum to the final EIS and supplemental final EIS. The addendum will detail the current proposal as it has been changed since the prior EIS was done and also update the EIS's with regards to population number changes. It should be received Monday, May 1, 2000, which is the deadline given by the Hearings Board.
Kurt Kingman, Matlock, read aloud a letter from Mary M. Knight School District 311 which expresses opposition to the proposed land use changes in the Matlock area as articulated in the County's plans. Specifically, they object to the proposed 20 acre minimum lot sizes.
Sarah Smyth McIntosh, representing Randy Barcom - owner of Matlock Store, she requested the Board designate Matlock as a Limited Area of More Intensive Rural Development (LAMIRD) and allow it to expand, develop and infill within a proposed logical outer boundaries based upon the corrected information they have now placed on the record. She submitted a letter and map of her proposal. She stated a hamlet is too restrictive for the existing businesses.
Ms. McIntosh also submitted information for the record regarding a policy for Rural Industrial and Commercial Uses outside Existing LAMIRDS and aerial maps, a revised map for the Taylor Towne RAC, and a memo, with maps, regarding John Hofert.
Warren Dawes, MCCDC, stated they have submitted written comments. He referred to the law, particularly to those sections dealing with boundaries for rural developments. He stated the County shouldn't be trying to second guess the Hearings Board. He recommended the Board obtain copies of the Digest of Decisions from all three Hearings Board cases. He referred the Board to the Rural Center and the Rural Density sections of these documents. He stated they want this process to go to a successful conclusion.
Cmmr. Bolender asked Mr. Dawes if he was supportive of the present proposal, Rural Use Policy 5.20 that talks about providing for a range of residential densities and housing types for all lands within the rural areas.
Mr. Dawes responded that his understanding of the law is that a range of densities in the rural area should be provided. That policy is a range and it sounds pretty good to him. It is how it is applied that would be of concern and they have submitted comments on that.
John Diehl, Hartstene Island, stated there are areas of disagreement that are still unresolved. He expressed concern with Theler Wetlands, he believes it is unnecessary to incorporate them within the proposed UGA.
Cmmr. Bolender stated the CTED guidelines seem to encourage the creation of open space with UGA's. When the Board adopted the boundaries for the Belfair UGA, with the encouragement and CTED guidelines, they included the wetlands and part of the Union River Valley. He asked how they could resolve this if they excluded the open space since open space is encouraged in UGA's.
Mr. Diehl stated he is not saying to always exclude wetlands from UGA's. They present problems, as do any critical areas within UGA's because they have to be protected. He explained his viewpoint of good planning is to plan growth away from problematic areas. He believes growth should be directed upslope. He noted demands on county services is not lessening and an adequate foundation for the infrastructure to provide services is needed. He believes growth should pay for itself through impact fees.
Cmmr. Bolender interjected that impact fees are not necessarily uniformly applied to all parcels which creates a dilemma of the fairness of applying a particular "tax" differently to different parcels.
Mr. Diehl understands an impact fee can be imposed at any point there is a building permit requested. In order to encourage development in certain areas, the impact fees could be reduced in those areas.
He believes that in order to attract commercial industry, you need to keep a throttle on residential development so the county doesn't become a retirement or bedroom community. This doesn't mean to allow only a certain number of permits for residential development but it can be channeled to UGA's where the services can be provided.
Cmmr. Bolender interjected there is no infrastructure in either of the UGA's.
Mr. Diehl responded there is substantial infrastructure in the city of Shelton.
Cmmr. Bolender pointed out Shelton is struggling with their sewer system because it is inadequate.
Mr. Diehl stated there is a need to focus the development because the problems are greater in rural areas than in urban areas. He noted there is no clear feasibility for sewers in Belfair at this point. There need to be incentives in order to get the infrastructure in place so we need to be careful about what regulations apply within the UGA.
He voiced concern with the creation of a constituency that is dependent on septic systems and unwilling, politically, to substitute sewer systems for septic systems. He believes a way to address that is to try to curb development in the UGA unless it is clearly hinged to sewers. Although he is not in favor of forcing sewers, he suggested the county present to the residents of the Belfair UGA, the option of having sewers or having the boundaries redrawn of the UGA.
Mr. Diehl then talked about long term commercially significant forest lands. He urged the Board to discourage the near term conversion of most of those properties. He believes there is good reason to increase the number of 20 and 40 acre parcels in the rural areas and would be thought of as defacto forest lands. He suggested in some of the areas where there are hamlets, think about a long term plan by which these become small UGA's.
Mr. Diehl proposed a stipulation to grant the County more time to work on the plan. He suggested the County address the critical areas that are in non-compliance first. He also suggested the County obtain legal review with regard to precedents.
Cmmr. Bolender asked Mr. Diehl if he believes the previous cases, particularly the compendium referenced by Mr. Dawes, as well as other court cases on these type of matters, would have precedence.
Mr. Diehl believes they would. He noted the Western Hearings Board cases would be more binding.
Cmmr. Bolender stated he asked the question because the legal advise from the Prosecutor's Office is that those cases do not have precedence and would not provide guidance for making a determination in this jurisdiction.
There was discussion was about a stipulated continuance offered by the petitioners.
Howard Spear stated he sees the purpose of civil government as protection of life, liberty and property and the use of the property. He believes the proposal of over 5 acre parcel sizes is restricting the use of the property.
Tim Sheldon stated he doesn't believe a stipulated continuance offered by the petitioners is in the best interest of the public. People would like to move out from under the restrictions. There are expectations that this would be drawing to a close.
Cmmr. Bolender agreed there has been a tremendous amount of public input. He pointed out this is an on-going process even after the adoption of the plan.
Pat McCullough, Belfair, had questions on the expansion of his business.
Cmmr. Bolender replied the Plan has addressed his particular issue. The proposal designates his business as a tourist related business and it can be permitted as a conforming use where it currently is and afford for expansion.
David Overton, Belfair, spoke about the study on how to provide sewers in Belfair. An integral part of that is a no-contention clause where any new development that would come in would sign the waiver and when sewer comes in, they would help pay for that. He urged the Board to go forward with this process. A lot of time and expense has been put into this process.
Jeff Carey submitted an Allyn area map.
Kenny Howard expressed his frustration with the process. Specifically with the public participation in the decision making and the protection of private property owners rights.
Ms. McIntosh stated a lot of people have worked very hard and want to get something done and out from under the order of invalidity. She stated if Mr. Diehl is sincere about his concerns about the county's economic base, she believes he should join with the county to find ways to get out from under the order of invalidity. She noted it would have been more helpful to have his comments earlier in the process. She voiced concern about the effort to delay this and to put more emphasis on the critical areas ordinance. She believes the county can get in compliance with the law and at the same time work towards mediating the aquatic management ordinance dispute.
Mr. Kingman voiced his concern with the range of rural density. He doesn't believe it is necessary to designate different lot sizes with the 1 to 5 acre minimum. He pointed out in ag lands, if someone has 20 acres in open space ag lands, they have to set 75% aside, which amounts to 15 acres.
Cmmr. Bolender clarified the Board has not proposed any particular lot size designations in the rural areas, but there are recommendations they are considering from the both the Planning Commission and the consultants.
Mr. Diehl stated he believes the proposed ordinance will not pass the hearings board and that is why he offered the stipulated continuance.
Cmmr. Bolender asked Mr. Diehl if there are any recommendations from the staff or consultants he is supportive of. He pointed out the County has gone to inordinate efforts to seek out individuals with specific expertise in growth management. He is disappointed to hear this work has been for not.
Mr. Diehl predicted there will be a finding of non-compliance and a continuation of the determination of invalidity. He is not saying there has not been any progress. He would be happy to sit with the Board and review specific proposals.
Cmmr. Bolender asked Mr. Diehl if he has reviewed the consultants recommendations.
Mr. Diehl replied he did in a earlier stage, he is not certain he is abreast of it as it has evolved in all respects.
Cmmr. Bolender questioned how he could conclude that the recommendations would not pass muster with the Hearings Board if he is not familiar with the current status.
Mr. Diehl responded he has been informed the County has gone the wrong direction. He added that he could be mistaken but that is why he has come tonight.
Cmmr. Bolender stated it would be helpful to know the information up front and in advance before a petition is filed.
Cmmr. Cady suggested closing the testimony, both written and verbal, however the City of Shelton has asked for more time to submit their testimony.
There was discussion about allowing additional testimony.
Cmmr. Cady/Olsen moved and seconded to continue the hearing to 5/1/00 at 4:00 p.m., close verbal testimony immediately, accept written testimony until 4/27/00, 5:00 p.m. Motion carried unanimously. B-aye; O-aye; C-aye.
Cmmr. Bolender left to canvass the elections.
AGREEMENT SHELTON CHAMBER OF COMMERCE
Agreement between Mason County and the Shelton Chamber of Commerce for Hotel/Motel funds.
Cmmr. Olsen/Cady moved and seconded to approve the agreement between Mason County and the Shelton Chamber of Commerce for the use of Hotel/Motel Funds as presented. Motion carried unanimously. B-absent; O-aye; C-aye. Resolution No. 35-99 (Exhibit B)
SEXUALLY ORIENTED BUSINESSES
Department of Community Development is requesting the Board extend the moratorium prohibiting the location of any sexually oriented businesses in the unincorporated area of Mason County for six months. Mr. Yando also suggests a hearing be set on June 13, 2000 at 9:15 a.m. to consider the moratorium, per RCW 36.70A.390.
Cmmr. Olsen/Cady moved and seconded to extend the moratorium prohibiting the location of any sexually oriented businesses in the unincorporated area of Mason County for six months and set a hearing on 6/13/00 at 9:15 a.m.to consider the moratorium, per RCW 36.70A.390. Motion carried unanimously. B-absent; O-aye; C-aye. Resolution No. 34-00 (Exhibit C)
INTERAGENCY WORK ORDER AMENDMENT
Department of Health Services is requesting the Board and authorize the Chair to sign the interagency work order amendment 2 to DSHS agreement number 916001354. This is for the Early Intervention Services.
Cmmr. Olsen/Cady moved and seconded to authorize the Chair to sign the interagency work order amendment 2 to DSHS agreement number 916001354 for the Early Intervention Services. Motion carried unanimously. B-absent; O-aye; C-aye.
PROFESSIONAL SERVICES AGREEMENT
Health Services is requesting the Chair be authorized to sign amendment #3 of the professional services contract with Clegg and Associates.
Cmmr. Olsen/Cady moved and seconded to authorize the Chair to sign amendment #3 of the professional services contract with Clegg and Associates. Motion carried unanimously. B-absent; O-aye; C-aye.
LAKE LIMERICK COUNTRY CLUB AGREEMENT
Health Services is requesting the Chair be authorized to sign amendment #1 of the agreement between Mason County Health Services and Lake Limerick Country Club, Inc. This is for the weed management program.
Cmmr. Olsen/Cady moved and seconded to authorize the Chair to sign the amendment #1 with of the agreement between Mason County Health Services Lake Limerick Country Club, Inc. for their weed management program. Motion carried unanimously. B-absent; O-aye; C-aye.
HEARING - EASEMENT REMOVAL
Planning Department is requesting the Board set a hearing to consider an easement removal at Beards Cove #7 between lots 29, 30 and 31. This is a request from Kevin and Juanita Lea and Troy and Renee Erickson.
Cmmr. Olsen/Cady moved and seconded to set a hearing to consider an easement removal at Beards Cove #7 between lots 29, 30, and 31 on 5-16-00 at 9:35 a.m. for Kevin and Juanita Lea and Troy and Renee Erickson. Motion carried unanimously. B-absent; O-aye; C-aye.
LIQUOR LICENSE APPLICATION
Special Occasion license for Lake Cushman Booster Club; Date: May 5, 2000; Time: 7 pm 12 midnight; Place: Hoodsport Community Fire Hall.
Cmmr. Olsen/Cady moved and seconded there are no objections to a special occasion liquor license for the Lake Cushman Booster Club on 5-5-00 from 7 p.m to 12 p.m. at the Hoodsport Community Fire Hall. Motion carried unanimously. B-absent; O-aye; C-aye.
Mrs. (Joyce) Lloyd Berg VFW 1694 - $300 Burial
Cmmr. Olsen/Cady moved and seconded to approve the Veterans' Assistance Application for Mrs. Joyce (Lloyd) Berg, burial, $300. Motion carried unanimously. B-absent; O-aye; C-aye.
David Overton commented on the Belfair Bypass scope of work order that was split into two parts. Their concern is when the two projects were combined, uniform design guidelines were applied throughout. They would like to broaden the scope. They believe the Commissioners are being put into a position where either a highway can be built or nothing.
Cmmr. Cady voiced her appreciation. She sees it as something like the highway near Sequim, understanding it is part of a larger scheme.
Mr. Overton stated they will present an amendment to their agreement at a future meeting.
APPROVAL OF WARRANTS
The regular meeting adjourned at 9:20 p.m.
Rebecca S. Rogers
Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
John A. Bolender, Chairperson
Mary Jo Cady, Commissioner
Cynthia D. Olsen, Commissioner