BOARD OF MASON COUNTY COMMISSIONERS PROCEEDINGS
July 18, 2000
Chairperson John A. Bolender called the meeting to order at 9:03 a.m. and led the Pledge of Allegiance. Commissioners Mary Jo Cady and Cynthia D. Olsen were also in attendance.
C O R R E S P O N D E N C E
PROPOSED ROAD EAST TRAILS END SUBDIVISION
A letter received from MSgt Dennis Burton expressed opposition to a proposed road within the East Trails End Subdivision. Copy forwarded to Public Works.
John E. McCumsey sent correspondence to the County noting concerns about noise and traffic congestion due to parking on side of Harstine Island Road South. Copy sent to the Sheriff.
MOTOR VEHICLE EXCISE TAXThe Department of Community, Trade and Economic Development announced distribution of funding to offset local government losses resulting from Initiative 695. Funding allocation for calendar year 2000 was distributed the end of May 2000. Calendar year 2001 funding will be distributed by mid July. Local jurisdictions May not expend any portion of the distribution prior to January 1, 2001.
BELFAIR PARKWAY EASEMENT
Overton & Associates commented on the latest proposal by Skillings & Connolly to increase the size of the Belfair Parkway easement from the current 115.
TAX TITLE PROPERTY
The Treasurer announced the deeds are completed on the tax title property to the City of Shelton and Kelly Buechel.
NORTH MASON CHAMBER OF COMMERCE
A letter was received from North Mason Chamber of Commerce regarding charges for space and services rendered starting September 1, 2000. Copy forwarded to Facilities & Grounds.
PLANNING COMMISSION - APPLICANT
HOODSPORT & SUNCREST WATER SYSTEMS
Department of Community, Trade & Economic Development reported they visited PUD#1 for the purpose of monitoring the Mason County CDBG General Purpose-Public Facilities contract for the above water systems. No corrective action is required.
B U S I N E S S
MASON/THURSTON CHEMICAL DEPENDENCY ADVISORY BOARD APPLICANT
Cmmr. Olsen/Cady moved and seconded to appoint Patricia Evans to the Mason/Thurston Chemical Dependency Advisory Board. Motion carried unanimously. B-aye; O-aye; C-aye.
MASON/THURSTON MENTAL HEALTH RSN - APPLICANT
Cmmr. Cady/Olsen moved and seconded to recommend Ruffus Garoutte be appointed to the Mason/Thurston Mental Health RSN Board. Motion carried unanimously. B-aye; O-aye; C-aye.
It was recommended by the Fair to enter into the following contracts totaling $13,870 for providing entertainment for the 2000 Mason County Fair.
Coats $3,500; Jymme & The Dukers $1,500; Jerry Harris $1,950; Eagle Creek Band $650; Cosmo $1,200; Donn J. Moyer $1,620; Fast Fish $1,650; Jest in Time $1,800 = $13,870.
Cmmr. Cady/Olsen moved and seconded to approve the Mason County Fair contracts totaling $13,870 for the following: Coats $3,500; Jymme & The Dukers $1,500; Jerry Harris $1,950; Eagle Creek Band $650; Cosmo $1,200; Donn J. Moyer $1,620; Fast Fish $1,650; Jest in Time $1,800. Motion carried unanimously. B-aye; O-aye; C-aye.
Dave Branson VFW 1694 Mileage Reimbursement $65.00
Cmmr. Olsen/Cady moved and seconded to approve the Veterans Assistance application as forwarded by the screening committee for Dave Branson, $65. Motion carried unanimously. B-aye; O-aye; C-aye.
TEAMSTERS CONTRACT - GENERAL SERVICES UNIT
Skip Wright, Human Resources, requested the Board approve and sign the 2000 through 2001 agreement between Mason County and Teamsters Local #378 covering the General Services bargaining unit.
Cmmr. Cady/Olsen moved and seconded to approve and sign the 2000 through 2001 agreement between Mason County and Teamsters Local #378 covering the General Services bargaining unit. Motion carried unanimously. B-aye; O-aye; C-aye.
SUBSCRIPTION AGREEMENT - TEAMSTERS
Mr. Wright requested the Chair sign the subscription agreement with the Washington Teamsters Welfare Trust to provide medical insurance coverage for the General Services bargaining unit.
Cmmr. Olsen/Cady moved and seconded to authorize the Chair sign the subscription agreement with the Washington Teamsters Welfare Trust to provide continued medical insurance coverage for the General Services bargaining unit. Motion carried unanimously. B-aye; O-aye; C-aye.
CONTRIBUTION - KIMBERLY T. GALLERY
Norman Taylor, Kimberly T. Gallery. The Bronze Works Studio, announced Mason County has been selected to receive a bronze sculpture titled "New Seasons" by Gary Price. The purchase of this sculpture was made possible by the fund raising efforts of the raffle presented by the Mason General Hospital Foundation for the Annual Mother's Day Fine Arts Fair 2000.
The Board thanked her for this generous contribution.
LIQUOR LICENSE APPLICATION
Assumption: P.J.s Runway Caf dba P.J.s Inc.; Address: 11880 US Highway 101 North; Transfer From: Diana Ledesma; Transfer To: Joni & Phil Barnett; Privileges: Spirits/Beer/Wine Restaurant Lounge
Cmmr. Olsen/Cady moved and seconded there are no objections to the assumption of the liquor license for P.J.'s Runway Cafe transferring to Joni & Phil Barnett. Motion carried unanimously. B-aye; O-aye; C-aye.
MEMORANDUM OF UNDERSTANDING
Probation Services is requesting the Board authorize the Chair sign the memorandum of understanding with Thurston County Social Services for $8,000. This will pay for a contract with St. Peters Chemical Dependency Unit for services provided to Mason County juveniles.
Cmmr. Cady/Olsen moved and seconded to authorize the Chair sign the memorandum of understanding with Thurston County Social Services for $8,000 to provide services to Mason County juveniles. Motion carried unanimously. B-aye; O-aye; C-aye.
LIQUOR LICENSE - HOT DOGS R ME
Cmmr. Olsen/Cady moved and seconded to object to the liquor license application with Hot Dogs R Me. Motion carried unanimously. B-aye; O-aye; C-aye.
There are permitting issues that they would like resolved before approving a liquor license.
RESERVE LEGAL #2 FUND
Ione Siegler, Budget Director, requested the Board approve the resolution establishing the purpose for the Reserve Legal #2 Fund (130-000-000) to pay the costs associated with a murder case including indigent defense costs and extraordinary costs incurred by the prosecutor and the court system.
Cmmr. Olsen/Cady moved and seconded to approve Resolution No. 71-00 which establishes the purpose of the Reserve Legal #2 Fund 130-000-000. Motion carried unanimously. B-aye; O-aye; C-aye. Resolution No. 71-00 (Exhibit A)
SHORELINE SUBSTANTIAL DEVELOPMENT/CONDITIONAL USE PERMIT - Brad Wilson
Grace Miller, Planning, presented the staff report. The location is at Cape Horn on Hammersley Inlet. The request is for a community recreational beach access area. It will be a reconstruction of an existing access road and the construction of a parking area for cars/trailers. Materials to be used will be the existing soils found on site, plus import of armor plated rock for retaining walls and ditching for stormwater drainage. The project includes site preparation for single family residence with garage. This application is for the purpose of resolving the long-standing shoreline violation at Cape Horn.
Staff recommends conditional approval as it appears to be consistent with all of the criteria for granting a permit under the Recreational Development, Landfill and Residential Chapters of the Mason County Shoreline Master Program.
1. A stormwater plan will be implemented prior to development, clearing grading, or construction of any portion of the proposed development site.
2. Bald Eagle Management Plan must be implemented as it was coordinated with the Washington State Department of Fish & Wildlife.
3. Residential development should provide common access to the shoreline and open space along the shoreline for all residents of the development. The access and open space should be of adequate size to provide for recreation land to ensure against interference with adjacent properties.
4. In order to preserve aesthetic characteristics, no fence or wall shall be erected placed or altered nearer to the water than the building setback line unless it is under 30 inches in height.
5. Each shoreline environment has a setback requirement for structures from the OHWM. This property is located within a Rural shoreline environment. Uncovered porches, decks, steps May project into the required setback area, provides such structures are no higher tan 30" above average grade excluding railings required for reasons of public safety. The setback in each environment May be increased or decreased by the Administrator.
6. No adverse impacts from the stormwater to the receiving wetlands can occur.
7. Water quality is not to be degraded to the detriment of the aquatic environment. Erosion control (silt fencing) is to be installed prior to construction and maintained until such time that upland groundcover has been established to prevent erosion from occurring on the beach.
8. Emergency vehicle apparatus roads shall conform with the requirements of the Uniform Fire Code and Mason County Title 16. If the access road cannot conform, special conditions will be placed on any building permit issued on property that is served by a non-conforming access road. Contact the Mason County Fire Marshal for details.
She distributed photos of the site.
The Shoreline Advisory Board voted unanimously to recommend conditional approval of the permit and acknowledged this is a resolution to the long standing violation at Cape Horn.
Cmmr. Cady asked if the violations were related to the recreation area.
Ms. Miller responded a previous owner had begun grading in 1988 to install a boat ramp further out on the cape and staff treated it as a violation and has since been working with subsequent owners. It also involved a legal issue as to where the original easement was located.
Cmmr. Cady/Olsen moved and seconded to conditionally approve SHR2000-00021 for Brad Wilson, Wilson Ruyle Group, as presented by staff with an amendment to condition #1, "A stormwater plan approved by Public Works..." . Motion carried unanimously. B-aye; O-aye; C-aye.
The Board recessed for 5 minutes.
Cmmr. Bolender was absent.
Cmmr. Olsen/Cady moved and seconded to approve the findings of fact for the Brad Wilson, Wilson Ruyle Group, SHR2000-00021 for the Chair's signature. Motion carried unanimously. B-absent; O-aye; C-aye.
Cmmr. Bolender returned to the meeting.
Julianna Miljour, MCDAP, requested the Board enter into a contract in the amount of $45,954 with Washington State Community, Trade and Economic Development. This is to be used to reduce the incidence of substance abuse and violence for youth and families.
Cmmr. Cady/Olsen moved and seconded to approve the 2000-2001 biennium contract with CTED in the amount of $45,954 for the Chair's signature. Motion carried unanimously. B-aye; O-aye; C-aye.
TIMBER SALE - CRP 1525
Jerry Hauth, Public Works Director, requested authorization for a public auction for timber sales for CRP 1525, Belfair-Tahuya Road. This will be on 8-4-00 at 9:00 a.m. in the Commission Chambers.
Cmmr. Cady/Olsen moved and seconded to authorize the sale of timber on CRP 1525, Belfair-Tahuya Road and schedule the public auction on August 4, 2000 at 9:00 a.m. in the Mason County Commission Chambers. Motion carried unanimously. B-aye; O-aye; C-aye.
NORTH MASON LAND ACQUISITION
Mr. Hauth requested the Board execute the documents related to the closing for the purchase of the North Mason acreage belonging to James Blair and the Blair Trust.
Cmmr. Cady/Olsen moved and seconded to initial and/or execute the attached documents related to the closing for the purchase of the North Mason County acreage belonging to James Blair and the Blair Trust. Motion carried unanimously. B-aye; O-aye; C-aye.
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - Applicant, Washington State Department of Fish & Wildlife
Grace Miller, Planning, presented the staff report. The proposal involves improvement of a gravel area (ability to park 35) and provide two paved accessible parking spaces, precast concrete accessible vault toilet, night security lighting, access road improvement, fencing and the demolition of an old house and two outbuildings. The house will be offered to the fire department for training purposes. If the house is not used for training and burned down, it will be demolished and the material removed to recycling plant and what is left to an approved landfill.
Staff recommends conditional approval of the permit.
1. The public trail from the parking area to the beach will be located on the existing disturbed area in order to avoid any impact to the salt marsh vegetation.
2. Erosion control measures such as silt fencing and straw bales to be implemented to ensure runoff from construction activities does not impact Oakland Bay.
3. A Large Parcel Erosion and Sediment Control Plan and Large Parcel Permanent Stormwater Quality Control Plan must be prepared. The Water Quality Design for storm event should be retained onsite, or treated to minimum Department of Ecology/Puget Sound Water Quality Authority standards. The plans must be submitted to the Planning and Public Works Departments for review.
4. Plans indicating the WSDOT approved access off of Hwy 3 should be provided to Mason County Planning Department.
5. Signs associated with the recreational access area shall be kept to a minimum in number and size and shall be erected as informational or directional aids only.
Cmmr. Cady asked that a condition be added pertaining to the lighting. "Lighting installed shall be focused to not affect residential dwellings."
Cmmr. Olsen asked if there will be handicap access to the beach.
Ms. Miller believes it May be possible to go down the trail to the beach, but they probably wouldn't want to go on the beach due to the mud.
There is no boat launch, it is just a trail.
Glenn Gerth, Fish & Wildlife, further explained the project. This is to provide shellfish access only. He stated they have no problems with the conditions. The intent of the lights is to light the parking area only.
Cmmr. Cady asked if there is any mitigation planned for keeping the clam diggers off of Maggie Ogg's yard and home which is located right there.
Mr. Gerth stated the entire property is owned by Fish & Wildlife and Maggie Ogg is a tenant (they purchased the property from Ms. Ogg). They are negotiating with Mrs. Ogg to mitigate her concerns.
Staff confirmed Ms. Ogg is on the mailing list for notification of the project.
Cmmr. Cady wants to be certain Mrs. Ogg's interest is protected.
Mr. Gerth stated they have a contract with Mrs. Ogg and that is a separate issue from this permit.
Cmmr. Olsen/Cady moved and seconded to conditionally approve the permit request for the Department of Fish & Wildlife for a public access area on Oakland Bay, SHR2000-00024, with on additional condition, #6. Lighting shall be installed and focused not to impact the adjacent neighbors. And authorize the Chair to sign the findings of fact.
Cmmr. Cady requested this be held at least one week to ensure Ms. Ogg's interests are protected. She suggested fencing and/or signs.
Cmmr. Olsen noted the area is already open to the public.
Cmmr. Bolender pointed out this would be asking Fish & Wildlife to mitigate impacts to its own property. He doesn't believe this is within scope of this permit. He agrees Mrs. Ogg has issues that need to be addressed but that appears to be between her, as the tenant, and her landlord, Fish & Wildlife. He noted she is not in attendance at this hearing, nor has anything been received in writing from her.
Cmmr. Cady stated she would like this delayed to give Mrs. Ogg the opportunity to come forward if she has concerns that the county can help her with. She asked if the entire area will be open as a park to the public.
Mr. Gerth replied no, not as long Mrs. Ogg is residing on the property. He explained some of the area will be fenced off but not from the beach, it is public property. This was discussed using the drawings.
Motion failed. B-nay; O-nay; C-nay.
Cmmr. Cady/Olsen moved and seconded to continue the SHR2000-00024, Washington Department of Fish & Wildlife, to 7-25-00 at 7:30 p.m. Motion carried unanimously. B-aye; O-aye; C-aye.
Cmmr. Bolender requested staff to contact the applicant verbally.
The Board recessed for 4 minutes.
SHORELINE SUBSTANTIAL DEVELOPMENT/CONDITIONAL USE PERMIT - Douglas Schlyer
Grace Miller, Planning, presented the staff report. The proposal is to install an erosion control bulkhead and level an area behind the bulkhead in hillside for access to the shoreline. The location is at Lake Cushman, Division 11.
Staff recommends conditional approval of the permit because it appears to be consistent with the Shoreline Master Program Bulkhead and Landfill Chapters as well as the Conditional Use Permit Chapter of the Master Program. There is evidence of wave-caused erosion on the beach and the wall is being placed at the OHWM. There is a garage on the property and a proposed access area to be protected from the erosion. The landfill chapter applies to the excavation and change in topography of the natural shoreline. The hillside area to be excavated and leveled behind the bulkhead is to first be used for the equipment and then used for handicap access to the shoreline so there is a level area where no it is quite steep. As conditioned, the proposal meets the requirements of the Landfill Chapter.
1. Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent soil from being carried into surface water by stormwater runoff. Sand, silt and soil will damage aquatic habitat and are considered pollutants.
2. Proper erosion and sediment control practices must be used on the construction site and adjacent areas to prevent upland sediments from entering the water body. All areas disturbed or newly created by construction activities must be revegetated, use bioengineering techniques, use clean durable riprap, or some other equivalent type of protection against erosion when other measures are not practical.
3. During construction, all release of oils, hydraulic fluids, fuels, other petroleum products, paints solvents, and other deleterious materials must be contained and removed in a manner that will prevent their discharge to waters and soils and soils of the state. The cleanup of spills should take precedence over other work on the site.
4. Properties adjacent to the site of the land disturbance should be protected from sediment deposition through the use of buffers or other perimeter controls, such as filter fence or sediment basins.
5. The proponent must obtain all applicable State and Federal permits prior to any work on the bulkhead.
6. Beach material shall not be used for fill behind the bulkhead.
7. The surface seep area is to be trenched 24 inches wide and 18 inches deep and armored with 6 to 8 inch diameter rocks. Large rocks are to be used (3 to 4 man rocks) where the seep meets the rockery to eliminate any movement due to hydraulic pressure during the rainy season.
Ms. Miller presented photos of the site.
Cmmr. Cady/Olsen moved and seconded to approve the Shoreline SDP/CUP, SHR2000-0014, Douglas & Sandra Schlyer, as conditioned by staff and authorize the Chair to sign the findings of fact. Motion carried unanimously. B-aye; O-aye; C-aye.
HEARINGS SET - REMOVAL OF UTILITY EASEMENTS
Michael MacSems, PAC, requested the Board set a hearing to consider an easement removal between Lots 77 and 78, Lake Limerick #3 as requested by Neil & Clara Burkel.
Cmmr. Olsen/Cady moved and seconded to set a hearing for an easement removal for Neil Burkel between lots 77 and 78, Lake Limerick, Division #3, 8/15/00 at 9:15 a.m. Motion carried unanimously. B-aye; O-aye; C-aye.
Mr. MacSems requested the Board set a hearing to consider an easement removal between lots 51 and 91, Lakeland Village #6, as requested by Anderson & Sons.
Cmmr. Cady/Olsen moved and seconded to set hearing to consider an easement removal for Anderson & Sons, for lots 51 and 91, Lakeland Village #6 on 9/5/00 at 9:15 a.m. Motion carried unanimously. B-aye; O-aye; C-aye.
The Board recessed for 5 minutes.
HEARING Continued from 6/13/00 - Consider restricting parking on both sides of Treasure Island Road, from milepost 0.00 to milepost 0.15 (from intersection with Grapeview Loop Road to end of county road at Treasure Island Bridge).
Bill Bullock, Public Works, presented the staff report. Testimony at the previous hearing indicated that parked vehicles also obstruct access to the Treasure Island Bridge as well as Grapeview Point Road. A motion was made to extend the "No Parking Zone" over the entire length and along both sides of Treasure Island Road. The hearing was continued to allow time for the new limits to be posted on site.
There was discussion on the no parking area that was requested.
Gary Longmire, Treasure Island, stated they want parking restricted from the Point Road running east to the bridge, on both sides. He noted they have had problems with vehicles parking there since the previous hearing.
Cmmr. Cady/Olsen moved and seconded execute the resolution, as presented, imposing parking restrictions along both sides of Treasure Island Road (County Road No. 64980) from the Grapeview Loop Road to the Treasure Island Bridge (milepost 9.99 to 9.15). Motion carried unanimously. B-aye; O-aye; C-aye. Resolution No. 72-00 (Exhibit B)
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - Donald Parker
Allan Borden, Planning, presented the staff report. The property is at 13570 NE North Shore Road, Belfair, along Hood Canal. The proposal is to consider an existing apartment above a garage as an accessory living quarters.
The proposal meets all of the requirements for permitting under the Shoreline Master Program. The applicant intends to maintain this apartment as an accessory living quarter to meet these standards.
Staff recommends approval of the permit subject to the following conditions:
1. The accessory living quarters residence is to be used by immediate family members, guests, or employees only. Acknowledgement of this policy of the Shoreline Master Program is to be recorded with the Mason County Auditor's Office and attached to the property deed.
2. This Substantial Development Permit is approved subject to the submitted site plan showing both residences with proper setbacks on the property, in accordance with the Mason County Shoreline Master Program.
Kevin Bliss, adjoining property owner, stated the Parker's home have a deck that encroaches his property by two feet. Timber was also removed. He is in the process of surveying his property.
Mr. Parker stated if the deck encroaches the neighboring property, he will remove it.
The issue was discussed, this permit is for a change of use to an accessory living unit. The correct process May be a boundary line adjustment or some type of an agreement between the parties.
Cmmr. Cady/Olsen moved and seconded to approve the Substantial Development permit to change the use of an existing garage apartment to an accessory living quarter, SHR2000-00025, for Donald Parker as conditioned by staff and approve the findings of fact for the Chair's signature. Motion carried unanimously. B-aye; O-aye; C-aye.
DIRECTOR OF EMERGENCY MANAGEMENT
Chairperson Bolender announced Dave Salzer has been appointed to the position of Director of Emergency Management/Fire Marshal. He replaces Joe Murray who lost his life in a automobile accident several weeks ago.
APPROVAL OF WARRANTS
The meeting adjourned at 11:50 a.m.
Rebecca S. Rogers, Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
John A. Bolender, Chairperson
Cynthia D. Olsen, Commissioner
Mary Jo Cady, Commissioner