BOARD OF MASON COUNTY COMMISSIONERS PROCEEDINGS
May 23, 2000
The meeting was called to order at 7:00 p.m. by Chairperson John A. Bolender. Commissioners Cynthia D. Olsen and Mary Jo Cady were in attendance.
APPROVAL OF MINUTES
Cmmr. Cady/Olsen moved and seconded to approve the meeting minutes for 5-15-00 as circulated and 5-9-00 and 5-16-00 as amended. Motion carried unanimously. B-aye; O-aye; C-aye.
Cmmr. Cady/Bolender moved and seconded to approve the 5-2-00 meeting minutes as circulated. Motion carried. B-aye; O-aye; C-abstain.
C O R R E S P O N D E N C E
101 CONNECTOR/BELFAIR BYPASS
The Allyn Community Associations position is that the Belfair Bypass be contained in Mason County and that the primary benefits derived from that investment goes to Mason County. Copy forwarded to Public Works.
Patricia Haslip asked that the County include at least two members of the public to the steering committee membership. Copy sent to Public Works.
KENNEDY-GOLDSBOROUGH WATERSHED PLANNING UNIT
Governor Gary Locke informed the County of agency staff members who will participate in the planning unit provided for in the Watershed Planning Act for the Kennedy-Goldsborough Watershed.
A letter was received from Tiffany Bennett asking that the Board enforce a leash law in Mason County. Copy sent to the Sheriffs Department.
MASON COUNTY ECONOMY
Harvey H. Warnaca submitted a letter commenting on Mason County economy.
AREA AGENCY ON AGING ADVISORY BOARD APPLICANT
B U S I N E S S
CANCELLATION OF BOARD OF HEALTH MEETING
Cmmr. Cady/Olsen moved and seconded to cancel the Board of Health meeting for June 1, 2000. Motion carried unanimously. B-aye; O-aye; C-aye.
CANCELLATION OF June 27 COMMISSION MEETING
Cmmr. Cady/Olsen moved and seconded to cancel the 6-27-00 Board of Mason County Commissioners meeting. Motion carried unanimously. B-aye; O-aye; C-aye.
The above meetings were canceled due to Board members being out of town.
LIQUOR LICENSE APPLICATION
New Application to sell beer/wine at restaurant; Tradename: Teriyaki Wok; Applicants: Sol Food, Inc.
Cmmr. Cady/Olsen moved and seconded there are no objections to the liquor license application for Teriyaki Wok. Motion carried unanimously. B-aye; O-aye; C-aye.
PROCLAMATION BOAT SMART FROM THE START
It is recommended the Board adopt a proclamation to promote safe boating in Mason County on May 23 26 and urge all to "Boat Smart from the Start" by wearing a life jacket and practicing safe boating habits.
Cmmr. Olsen/Cady moved and seconded to adopt the "Boat Smart from the Start" proclamation. Motion carried unanimously. B-aye; O-aye; C-aye.
HEARING - Consider a $250,000 Supplemental Appropriation for the Reserve for Technology Fund #119-000-000.
Ione Siegler, Budget Director, requested the Board approve the budget order for the Reserve for Technology Fund in the amount of $250,000.
Cmmr. Cady/Olsen moved and seconded to approve the supplemental appropriation for the Reserve for Technology Fund in the amount of $250,000 as presented. Motion carried unanimously. B-aye; O-aye; C-aye. (Exhibit A)
HEARING SET - SUPPLEMENTAL APPROPRIATION - CURRENT EXPENSE
Ms. Siegler requested the Board approve the resolution setting a hearing to consider a supplemental appropriation to the Current Expense Fund.
Cmmr. Olsen/Cady moved and seconded to approve Resolution No. 48-00 and set a public hearing on a proposed supplemental appropriation to the budget for the Current Expense Fund in the estimated amount of $87,630 on 6-13-00 at 9:10 a.m. in the Commissioners Chambers. Motion carried unanimously. B-aye; O-aye; C-aye. Resolution No. 48-00 (Exhibit B)
FCAAP MONIES - SKOKOMISH RIVER
Jerry Hauth, Public Works Director, requested the Chair be authorized to sign grant no. G0000322 between Department of Ecology and Mason County for the "Amendment to Comprehensive Flood Hazard Management Plan for the Skokomish River". The expiration date of this agreement is 6-30-00.
Cmmr. Cady/Olsen moved and seconded to authorize the Chairperson to execute the grant agreement no. G0000322 between the Department of Ecology and Mason County for the "Amendment to Comprehensive Flood Hazard Management Plan for the Skokomish River" in the amount of $104,458. Motion carried unanimously. B-aye; O-aye; C-aye.
AMENDMENT - SKILLINGS-CONNOLLY AGREEMENT
Mr. Hauth presented, for the Chair's signature, amendment #2 to supplemental agreement #3 for the SR 101 Connector Corridor Study Agreement #98015 with Skillings-Connolly, Inc.
The amendment covers the development of new traffic projections based on lower growth rate for the County, additional public information effort, and costs associated with the suspension of work for the SR 101 Connector Corridor Study. This will increase the contract by $84,281.92.
Cmmr. Olsen/Cady moved and seconded to authorize the Chair to execute Amendment #2 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.
SKILLINGS & CONNOLLY AGREEMENT AMENDMENT
Mr. Hauth requested the Chair be authorized to sign amendment #1 to supplemental agreement #2 for the Belfair Bypass Study Agreement No. 98015 with Skillings-Connolly, Inc.
Cmmr. Cady/Olsen moved and seconded to authorize the Chairperson to execute Amendment #1 to Supplemental Agreement No. 2 for the Belfair Bypass Study Agreement No. 98015 with Skillings-Connolly, Inc. Motion carried unanimously. B-aye; O-aye; C-aye.
1999 FINAL COST OF DAY LABOR CONSTRUCTION
Mr. Hauth requested the Board sign the 1999 Notification of Final Cost for Day Labor Construction.
Cmmr. Olsen/Cady moved and seconded to approve and execute the Notification of Final Cost of Day Labor construction for 1999, and cause said document to be published in one issue of the local newspaper, as per RCW 36.77.070. Motion carried unanimously. B-aye; O-aye; C-aye.
INTERGOVERNMENTAL AGREEMENT - FPD #3
Mr. Hauth requested the Chair be authorized to sign the cooperative intergovernmental agreement with Mason County Fire Protection District No. 3 allowing the fire district access to the small works roster.
Cmmr. Cady/Olsen moved and seconded to execute the intergovernmental agreement between Mason County Department of Public Works and Mason County Fire Protection District Number 3. Motion carried unanimously. B-aye; O-aye; C-aye.
SMALL WORKS ROSTER
Mr. Hauth announced the Department of Public Works is soliciting submittals from persons interested in being placed on the Small Works Roster for the period of July 1, 2000 through December 31, 2000. Submittals will be accepted until 5:00 p.m., June 28, 2000.
SHORELINE SUBSTANTIAL DEVELOPMENT/CONDITIONAL USE PERMIT - (Cont. from 2/8; 3/14; 4/11 & 5/2) - After-the-fact permit to repair a road and stabilize a slope located at end of Sunset Road overlooking Oakland Bay. Applicant: Tri Vo
Shandra O'Haleck, Planning, presented the staff report. Staff recommends this permit be approved with the eight conditions presented in the public meeting on 4-11-00 with condition #4 being modified to read "The applicant shall comply with the specifications and conditions of the Washington Department of Fish and Wildlife Hydraulic Project Approval should one be required for this project."
Cmmr. Cady confirmed this permit is for road and slope stabilization and it goes to about lot 19. If there is anything beyond that, it would require a comprehensive shoreline permit.
Tri Vo concurred with the staff recommendations. He agreed that any work beyond lot 19 would require a shoreline substantial permit.
Cmmr. Cady asked Mr. Vo if he concurred with condition #1 that says if there is any additional work on the site, including grading and fill on the sites or further upgrading of the road, it will need a comprehensive shoreline permit.
Cmmr. Bolender pointed out an emergency permit was issued for road and bank stabilization work and it is okay to complete that. This permit will allow for work to the road and bank up to lot 19, but any grading on any of the lots would be subject to further review. He read from condition #1, any additional work on the site, including grading and fill on the sites, further upgrading of the road system to meet the requirements of Title 16.38.022 (roads), and installation of utilities will need to be addressed under a comprehensive shoreline permit.
This was discussed. Mr. Vo stated he doesn't agree with that because he believes he would be treated differently than the neighbors. He pointed out that in the past no comprehensive review was required.
Cmmr. Cady pointed out this has been identified as a landslide hazard area.
Cmmr. Bolender added that now the county has a Landslide Hazard Ordinance that does apply to any area deemed to be a landslide hazard area, which this is.
Cmmr. Bolender asked Mr. O'Haleck to explain what a comprehensive site plan is, so Mr. Vo clearly understands what the county is asking of him.
Cmmr. Cady noted that this is to protect the applicant and owners of the property.
Ms. O'Haleck explained that Mr. Vo would have to meet the same expectations as what a single lot would require. It would be a geo-technical report for the entire site. It would identify the building envelopes and where the utilities and roads would go.
Cmmr. Bolender clarified that if this is done, future property owners would not have to go through the process.
Cmmr. Cady added that the report would also identify where the septics and water system would be.
Ms. O'Haleck noted it would also identify which areas are undevelopable.
Mr. Vo stated he understands and he can work with that.
Bob Connoly, engineer of project, stated that at lot 19 and 20 there is a turn around and he asked if that is included in this permit.
Ms. O'Haleck stated she didn't have a problem with the turn around being constructed.
Cmmr. Bolender stated, for the record, the road can be constructed to lot 19 with the hammer head crossing parcel lines onto lot 20 as described in the engineering drawings that have been presented.
Mr. Connoly stated there are lots that exist outside of the 200 foot shoreline setback and asked why they are included.
Cmmr. Cady responded they would be in the landslide hazard area.
Cmmr. Bolender stated that according to the Shoreline Act, this project is within the shoreline jurisdiction because part of the project is within the shoreline jurisdiction.
Cmmr. Cady/Olsen moved and seconded to approve the Shoreline Substantial Development/Conditional Use permit #SHR99-0046 for Tri Vo with the eight conditions as presented, with the amendment to condition #4, change the word "issued" to "should one be required" and authorize the Chair to sign the findings of fact. Motion carried unanimously. B-aye; O-aye; C-aye.
Mr. Vo thanked the Board and staff.
Shelia Sandwick, project manager, also thanked the Board and Shandra.
SET HEARING - UTILITY EASEMENT REMOVAL
Planning staff is recommending the Board set a hearing on 6-20-00 at 9:15 a.m. to consider the removal of a utility easement between lots 297 and 298, Lake Limerick #2, as requested by Raymond & Sharon Haworth.
Cmmr. Cady/Olsen moved and seconded to set a hearing on 6-20-00 at 9:15 a.m. in the Commissioners' Chambers to consider the removal of a utility easement between lots 297 and 298, Lake Limerick #2, as requested by Sharon and Raymond Haworth. Motion carried unanimously. B-aye; O-aye; C-aye.
VETERANS ASSISTANCE APPLICATIONS
Michael L. Inman VFW 1694 Utilities $344.49
Dennis H. Taylor VFW 5372 Housing $400.00
The Veterans Assistance Screening Committee is recommending approval on the above listed applications totaling $744.49.
Cmmr. Olsen/Cady moved and seconded to approve the Veterans' Assistance applications as presented by the Veterans Assistance Screening Committee for Michael Inman, $344.49 and Dennis Taylor, $400 for a total of $744.49. Motion carried unanimously. B-aye; O-aye; C-aye.
Cmmr. Cady/Olsen moved and seconded to set a hearing on Thursday, 6-8-00, at 3:30 p.m. to consider amendments to the Mason County Resource Ordinance. Motion carried unanimously. B-aye; O-aye; C-aye.
The Board recessed for 2 minutes.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - Proposal is to construct a multi-owner joint-use pier, ramp, and float proposal on Hood Canal; Applicant: Montana Reach, Inc.
Allan Borden, Planning, presented the staff report. The project is the construction of a 64 foot long and 6 foot wide pier, a 45 foot long and 4 foot wide aluminum ramp, and a 8 foot deep by 40 foot wide float with a 4 foot deep by 6 foot wide area for ramp tract (424 sq. ft. grows area); the total length of the proposal is 115 feet; 4 chemonite piling will support the pier and two chemonite piling will secure the float.
The proposal as designed is consistent with the Shoreline Management Act and Mason County Shoreline Master Program. Staff recommends approval of the proposal subject to the following conditions:
1. The use of pressure-treated wood piling is approved for use in this project, provided that the supplier certifies in writing that appropriate best management practices have been employed in its production
2. The applicant shall secure a Washington Department of Fish and Wildlife Hydraulic Project Approval and follow all construction specifications authorized in that permits.
3. The applicant shall secure an Army Corps of Engineers approval and follow all construction specifications authorized in that permit.
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 shall implement the approved proposal in a manner that is consistent with all policies and provisions of the Shoreline Management Act and its rules, the standards of the Mason County Shoreline Master Program, and the building codes of Mason County Building Department.
Mr. Borden read the letter from Amy Leitman, Marine Research & Surveys, into the record. She wrote that the important element to note is that the structure as proposed, in the west area of shoreline frontage, will have the least impact to eelgrass, benthos and bottom micro-organisms, and fish spawning habitat. The analysis is in conformance with the concerns of the Washington Department of Fish and Wildlife and the US Army Corps of Engineers. The result of the evaluation and agency discussions leads to selecting the most westerly location for the proposed structure.
Cmmr. Cady referred to the photos. She asked if the float with two pilings is adjacent to the property line.
Mr. Borden replied he believes that is correct.
Cmmr. Cady stated it appears it is quite a ways away from where the activity will be.
Mr. Borden responded the float is primarily a swim float and is located closer to the shoreline than where you would expect a mooring float to be.
Cmmr. Cady referred to the statement in the staff report that talks about how the applicant had proposed a float with concrete anchors but revised that project to the present pier-ramp-float proposal, as it serves the future needs of the applicant.
Mr. Borden responded that shortly after Mr. Vermillion applied for a float in 1999, he expected the float would be part of a future pier-ramp-float structure. Mr. Borden understands it is for recreation purposes.
Cmmr. Bolender asked about the determination that this is a joint use facility.
Mr. Borden explained a joint use facility is for properties that will share a facility and it allows an additional 15 feet in length.
Cmmr. Bolender asked if the parcel, to the south, is subdivided.
Mr. Borden replied it is not, it is a 35 acre parcel that is jointly owned by several property owners.
Cmmr. Bolender asked if he had inquired to the Prosecuting Attorney's office as to whether they concur with the analysis that this is a joint use facility.
Mr. Borden stated he has not checked with their office. He noted it is designated as 1 residence to 5 acres so they could construct more than one residence on that property and it wouldn't have to be subdivided.
Cmmr. Bolender stated there are two parcels owned by a corporation and he believes a corporation is considered a single entity. If that is the case, he questioned whether this could be reviewed as a joint use facility. He recommended this receive legal review.
Cmmr. Cady asked if this could possibly be community use.
Mr. Borden read aloud the use regulation pertaining to a community dock. It is a dock development providing moorage for pleasure craft and recreational activities for use in common by residents of a certain subdivision or community. It is allowed to go out the additional 15 feet.
Jerry Vermillion, applicant, stated he has been working with the Corps of Engineers and the Department of Fisheries for about a year and they have been on site. He has had a biological assessment and that determined the location. He stated the only logical place was west on the bulkhead so it doesn't harm the environment and he didn't want to place it in front of his picture window. This location also has the deepest water. He stated this location is at least 150 feet from the neighboring float. He does maintain shellfish beds which he intends to harvest for additional income. He stated Montana Reach, Inc. is a family-owned corporation. Mr. Vermillion thanked Mr. Borden for his help.
Joan O'Neill, Pebble Cove, adjacent property owner, expressed concern with interference of her view and use of her property. She believes this proposal could be placed where the float was going to be, which is more in front of the applicant's property. She has requested verification of the corporation and has not received one, she asked that verification be documented. She is also concerned with the commercial shellfish and the possible use of large boats.
Cmmr. Bolender pointed out that aquaculture is a preferred shoreline use under the Shoreline Management Act.
Cmmr. Cady noted that small commercial shellfish harvesters usually do not use boats to harvest, they carry them off the beach.
Ms. O'Neill stated it appears the soil under the cabin on the applicant's land is leaching from the tidal action. She questioned whether an increased boat wash would increase the leach. She stated there are large amounts of water under the cabin at high tide. She believes this proposal will maximize conflicts with water activities and she noted mooring floats and buoys are preferred.
Cmmr. Bolender asked Ms. O'Neill to explain how this proposal would substantially interfere with water uses at Pebble Cove.
Ms. O'Neill responded that adjacent to the swimming area, that is an area that has been traditionally used for water skiers and motor boats. She questioned what type of septic system is there.
Derek Valley, representing Kathryne Schmidt - property owner at Pebble Cove, stated Pebble Cove Corporation has a membership of 15 separate lots, 11 of which are occupied and these people use the swim float and beach area. He asked about property lines and how far out into the water a person would own.
Cmmr. Bolender believes it is the lowest low water mark.
Mr. Valley continued, for a number of years the water has been used for water skiing and swimming. He believes the facility does create a conflict in the water uses and asked for it to be relocated. He asked that the wooden hand rail on the ramp be revised to use different construction materials to improve the view of Pebble Cove residents.
Karen Anderson, neighboring property owner, stated they have used this area for water recreation for 38 years and they want to continue to do so. She believes it would be dangerous for water skiers if this proposal is constructed and it would restrict their swimming area. She would like consideration given to relocating this proposal.
Cmmr. Bolender stated it appears the main concern is about ingress and egress for skiing from the property. He referred to the previous proposal of the float and the new proposal. It appears to be very close to the same location. What appears to be the obstruction is the pier and ramp. He noted there is a restriction in Washington State law that precludes a person from operating a motor boat in excess of 5 mph within 200 feet of the shoreline which means if the applicant was to build the original float, skiers could not legally be towed between that and the shore.
Ms. O'Neill stated the original float didn't require a permit because of the size and notice didn't have to be given. She was aware of it because she asked.
The location was discussed and the maps were referred to.
Mr. Vermillion responded to concerns voiced earlier. With regard to joint ownership, there are other family members in the Montana Reach Corporation and it is a Washington corporation.
Cmmr. Cady asked if the proposal can be shortened by 15 feet.
Mr. Vermillion replied that is a problem with Fisheries, the beach gets shallow and nothing can be on the ground.
Cmmr. Olsen asked if there is any leeway to move the dock a few feet to the west.
Mr. Vermillion responded that he doubted it because of the regulations. He pointed out that the original float was approved only by Fisheries. The Corps had told him he couldn't place the float until an environmental impact study was done. It would have to be placed to the east of the original location.
Cmmr. Olsen asked if he would be willing to submit a revised design of the railings.
Mr. Vermillion stated he is already working on that. He has concerns with the skiing liability from his property. He stated the septic is fine. He understands boaters are to stay outside the floater buoys. He had offered joint use to Pebble Cove and it was declined.
Cmmr. Cady stated she sees docks as a good neighborhood asset as they can provide access for emergency care.
Cmmr. Cady/Olsen moved and seconded to approve the SDP SHR2000-00012 for Montana Reach, Inc. with the five conditions as presented by staff and add to condition #3, "and Mason County building permit" and change "that permit" to "those permits", and add condition #6, "The handrails be designed for maximum visibility by adjacent property owners."
Cmmr. Bolender stated that with regard to Use Policy #7, he would like a legal opinion which could result in this being readdressed as a community use structure or confirmation that this does qualify as a joint-use project. With regard to condition #6, although he believes it is appropriate, he would like to review the modification before making any decision and allowing public review of the modification. He suggested continuing the hearing to allow for an opinion from the Prosecuting Attorney and an opportunity to review the revised handrail design.
Cmmr. Cady/Olsen moved and seconded to amend the motion to modify condition #6 "The handrails be designed for maximum visibility by adjacent property owners and reviewed and approved by staff."
Cmmr. Bolender stated that amendment doesn't address his concern regarding Use Regulation #7. He would like the revised diagram to go through the public review and comment process.
Cmmr. Olsen believes that would be afforded if it is continued for a legal opinion.
Amendment failed. B-nay; O-nay; C-aye.
Motion failed. B-nay; O-nay; C-nay.
Cmmr. Cady/Olsen moved and seconded to continue the hearing for legal review by the Prosecutor's office on the issue of joint-use or community use (Use Regulation #7) and add condition #6, "The handrails will be designed for maximum visibility by adjacent property owners" and amend condition #3 "and Mason County building permit" and change "that permit" to "those permits" The hearing will be continued to 6/6/00 at 11:00 a.m. Motion carried unanimously. B-aye; O-aye; C-aye.
Bob Herr, 180 East Catfish Lake Lane, expressed concern that the road through the Clifton Ridge development doesn't meet county requirements. His complaint isn't with the developer, it's with regard to road standards. He is aware that in some cases there is an appeal period for plat approval and if he waits until May 30 to talk to the Board, as requested by the Board, the appeal period May lapse. He isn't sure he needs to file an appeal, but doesn't want the time period to lapse.
The appeal process was discussed. Cmmr. Bolender explained if the road doesn't meet Title 16 standards, that is an appealable issue of the plat.
It was agreed the Board and staff would meet with Mr. Herr on Thursday at 9 a.m.
The regular meeting adjourned at 10:00 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