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Home My WebLink About2021/11/09 - Regular Packet Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 August 31, 2021 1. Call to Order – The Chairperson called the regular meeting to order at 9:01 a.m. 2. Pledge of Allegiance – Chair Neatherlin led the flag salute. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Kevin Shutty; Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: Liquor License Change of Location for Zech Interiors and Designs and Twisted Sisters Gardens, LLC; Marijuana Licenses due to expire, and a Marijuana Cooperative Registration location 1190 East Agate Road. 4.1.2 Washington State Department of Transportation sent in a letter regarding Highway Advertising Control. 4.2 2022 Water and Sewer System Rate Increases for North Bay, Rustlewood, and Beards Cove News Release by Richard Dickinson. 5. Open Forum for Citizen Input No citizen input. 6. Adoption of Agenda Cmmr. Shutty/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes No minutes presented. 8. Approval of Action Agenda 8.1 Approval of Warrants & Treasure Electronic Remittances Claims Clearing Fund Warrant # 8082333-8082840 $ 1,816,966.17 Direct Deposit Fund Warrant # 80163-80559 $ 782,822.78 Salary Clearing Fund Warrant # 7006117-7006139 $ 507,920.97 Treasurer Electronic Remittance $ 8.2 Approval for the Chair to sign the Mason County Housing Authority (MCHA) Memorandum of Understanding for the amount of $101,871 to provide financial assistance for an Executive Director, contract with Teresa D. Johnson, CPA, clerical assistance, and in-kind use of office equipment. 8.3 Approve to recruit and hire a temporary full-time Housing Community Health Specialist position in Community Services to handle additional housing grants deliverables. 8.4 Approval for the Chair to sign the Tyler Technologies Chart of Accounts Redesign Statement of Work for the amount of $28,000. 8.5 Approval for the Chair to sign the Corrections Deputy Memorandum of Understanding for a $10,000 Sign-On Bonus to new recruits between Woodworkers Local Lodge W38 I.A.M. Corrections/Support Staff and Mason County. 8.6 Approval of the draft Parks & Trails 2021/2022 Real Estate Excise Tax (REET) 2 project list and approval to hire an additional full-time employee for the last 4 months of 2021 out of the REET 2 budgeted funding. 2 | A u g u s t 3 1 , 2 0 2 1 C o m m i s s i o n M i n u t e s 8.7 Approval to enter into contract with MasonWebTV.com for live-streaming services of Commission meetings, Board of Health meetings, and additional meetings as agreed to by both parties for 2022. The rate per regular meeting is $100 for up to 2 hours and each additional hour is $25. 8.8 Approval to authorize Frank Pinter, Interim County Administrator, to sign the Department of Commerce’s Request for Amendment to the Community Development Block Grant (CDBG) contract # 18-62210-039 for the Microenterprise – Building Connections – Strengthening Businesses in Mason County project. 8.9 Approval to call for Request for Proposals (RFP) for Welcome Center Development Services. 8.10 Approval of the Department of Ecology Agreement # SWMLSWFA-2021-MaCoPH-00078 for Local Solid Waste Financial Assistance in the amount of $130,868 with a 25% match of $43,622.67 from solid waste tipping fees for a total eligible cost of $174,490.67 for a two-year period of July 1, 2021 to June 30, 2023. 8.11 Approval of the Resolution creating the Mason County Clean Water District Advisory Committee. 8.12 Approval of the Shelton Private Storm Facilities Agreement with Operation and Maintenance Manual attachment requiring the County to maintain the storm water management systems. Cmmr. Trask/Shutty moved and seconded to approve action items 8.1 through 8.12. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials) No other business. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to consider the map correction of the official Development Areas (Zoning) Map panel 8 of 10 for parcel # 32026-10-90021 (1-acre) from Rural Natural Resource (RNR) to Rural Residential 5 (RR5). Staff: Kell Rowen Kell shared the rezone request was made by the property owner. When Marissa Watson began the staff report, she realized there was a map error and the parcel should have been zoned as Rural Residential from the beginning. The parcel was divided in 1989 and the early 1990’s was when implementing zoning and designating the resource lands was done. This will be processed as staff processing and fees were reimbursed. The Planning Commission acknowledged and recommended approval due to the mapping error. Cmmr. Shutty/Trask moved and seconded to approve consider the map correction of the official Development Areas (Zoning) Map panel 8 of 10 for parcel # 32026-10-90021 (1-acre) from Rural Natural Resource (RNR) to Rural Residential 5 (RR5). Motion carried unanimously. N-aye; S-aye; T-aye. 10.2 Public Hearing to approve the request to rezone three parcels (32007-14-90024, 32007-14- 90021, and 32007-14-90034) from Neighborhood Residential (NR) to Commercial Industrial (CI). Staff: Kell Rowen Kell shared that the three parcels are adjacent to each other and existing commercial industrial properties along Johns Prairie Road. There is access off of Hiawatha Road and the applicant owns a portion of the private easement. There is also direct access from Johns Prairie Road. The Planning Commission recommended approval with the caveat that commercial truck access be restricted from the Hiawatha Road access. This can be done and documented as a condition of the rezone with notice given to permit staff and enforced by a Code Enforcement Officer. Mason County Code requires that, if rezoned, the parcels must have a 15-foot minimum vegetated buffer. Currently there is native vegetation which the applicant wi ll be 3 | A u g u s t 3 1 , 2 0 2 1 C o m m i s s i o n M i n u t e s required to maintain and/or replant. The size of the buffer can be increased as a condition of the rezone. Conditioning rezones can be difficult since there is a gray area and a legal issue if the applicant appeals. If there is a change in ownership, the County has the authority to enforce the conditions of the rezone. However, it is important to make the conditions as clear as possible. Regarding the State Environmental Policy Act (SEPA) process, rezones are considered a non-project action and property owners within 300 feet must be notified. Public Notice was posted onsite and in the Shelton-Mason County Journal. County staff recommends approval of the rezone. TESTIMONIES Mark Kamin, applicant, shared that the purpose of the rezone is because Hiawatha Corp is looking to expand its current business and location as they continue to grow and is not opposed to having conditions on the rezone. Rezoning would allow the company to adjoin the current warehouse site and create a new facility for storage and cold storage of products. There is access using Johns Prairie Road which will be the proposed entrance to the site. The only anticipated access via Hiawatha Boulevard would be by emergency services. Mark Golda asked if Mark lives in the Hiawatha area and why he uses vague terms such as “at this time” and “contemplated use”? Mark Kamin does not live in the area and vague terms are used because the future cannot be predicted. John Gilmore, a resident of Hiawatha Park, reiterated that the Planning Commission specifically recommended approval with access only from Johns Prairie Road. If the property changes owners, that requirement should stay in place. The parcels are directly across the street from new housing and a 15-foot buffer is not reasonable, 30-foot with maintained hedges is preferred. Mark Golda, a resident of Hiawatha Park who is against the rezone, shared that the Planning Commission made a unanimous recommendation for certain conditions to be proposed. An industrial rezone is a huge change with no promises, no representations, and nothing in writing from the applicant stating what the land will be used for. It will be a burden on residents to get the County to act as code enforcement. Four conditions were given by the Planning Commission. One for resident safety, no egress or ingress on Hiawatha Boulevard since an access is available on Johns Prairie Road that can handle industrial traffic. Notice was not adequately given, especially to residents of the subdivision. The property boundary ends in the centerline of the road, with this there will hardly be any barrier since there is no set back. Barriers should be put up 15-feet from the centerline of the road. Conditions should be put on the deed so that it passes to subsequent owners. Testimony was read by the Clerk of the Board for Beth McBain and Gregory Ward, Lindsay and Travis Tachell, and Jerry Gregerson. COMMISSIONER DELIBERATION Cmmr. Neatherlin shared that it is possible for the applicant to give up easement access rights for Hiawatha Boulevard, however the maintenance payment would also be given up. This has been done before, but is not easy. Mark responded that vacating the easement would restrict access to the property and that he would prefer to do conditions on the vacation. Cmmr. Shutty inquired about how commercial vehicles currently access this area and what the applicant’s views are regarding intruding on residential and urban growth areas. Mark shared that Johns Prairie Road is the current access point and an 80,000-square-foot warehouse is already on the property adjacent to the parcels. Kell added that the buffer would be required where next to residential parcels and along Hiawatha Boulevard. The Planning Commission recommended a 30-foot buffer. 4 | A u g u s t 3 1 , 2 0 2 1 C o m m i s s i o n M i n u t e s Cmmr. Trask and Cmmr. Shutty discussed the mailbox location on parcel #32007-14-90024, if mailboxes can be relocated and the Bonneville Power Administration (BPA) easement. Commission feels the rezone request is acceptable and in line with the law and should be approved with the Planning Commission recommendations of a 30-foot buffer and no commercial access via Hiawatha Boulevard. Cmmr. Trask/Shutty moved and seconded to approve the request to rezone three parcels 32007-14-90024, 32007-14-90021, and 32007-14-90034 from Neighborhood Residential (NR) to Commercial Industrial (CI) with the provisions that there will be a 30’ buffer imposed and commercial access will be limited to Johns Prairie Road only and not Hiawatha Boulevard. Motion carried unanimously. N-aye; S-aye; T-aye. 10.3 Public Hearing to approve the franchise agreement between Mason County and Clifton Pebble Beach Water District to construct, operate, and maintain their water system along North Shore Road. Staff: Loretta Swanson Loretta shared that this is a franchise renewal for Clifton Pebble Beach Water District along North Shore Road. There are about 48 connections. Dale Hoover, president of Clifton Pebble Beach Water District, submitted the renewal. Staff recommends approval. Cmmr. Shutty/Trask moved and seconded to approve the franchise agreement between Mason County and Clifton Pebble Beach Water District to construct, operate, and maintain their water system along the North Shore Road. Motion carried unanimously. N-aye; S-aye; T-aye. 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 10:40 a.m. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Randy Neatherlin, Chair _______________________________ Kevin Shutty, Commissioner ________________________________ Sharon Trask, Commissioner