HomeMy WebLinkAbout2016/12/06 - Regular BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
Mason County Commission Chambers, 411 North St" Street, Shelton, WA
December 6, 2016
1. Call to Order—The Chairperson called the regular meeting to order at 9:01 a.m.
2. Pledge of Allegiance —Jim Reece led the flag salute.
3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2—Tim
Sheldon; Commissioner District 3 —Terri Jeffreys.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 2017 Levy and Budget reports sent in from the following: Mason County Fire District #6,
Educational Service District #113, Mason County Fire District#3,
Mason County Fire District #5, North Mason School District, Fire District #17 and City of
Shelton.
4.1.2. Ken VanBuskirk sent a letter regarding Capital Facilities Plan.
4.1.3 State of Washington Department of Ecology sent notification they issued a Group 3
Wastewater treatment plant operator certificate for Marty Grabill,
4.1.4 Mason County Auditor sent a letter that the 10 signatures on Barry Fishers application for
Noxious Weed Control Board have been verified as registered voters.
4.1.5 Bill Dewey sent a letter for his resignation from the Mason County Planning Advisory
Commission.
4.1.6 Ken VanBuskirk commented on the Old Belfair Highway sewer collection system State
Environment Policy Act. (SEPA)
4.1.7 Comments received on the Shoreline Master Program from the following: Phillip Planter,
Rick Mraz, John Egbert, and Jim Reece
4.2 Dave Windom read aloud the news release soliciting for vacancies on the Planning Advisory
Commission.
5. Open Forum for Citizen Input—there was no public input.
6. Adoption of Agenda - Cmmr. Neatherlin/Sheldon moved and seconded to adopt the agenda
as published. Motion carried unanimously. N-aye; S-aye; J-aye.
7. Approval of Minutes—October 31 and November 7 briefing meeting minutes
Cmmr. Sheldon/Neatherlin moved and seconded to approve the October 31 and
November 7 briefing meeting minutes as presented. Motion carried unanimously. N-aye;
S-aye; J-aye.
8. Approval of Action Agenda:
8.1 Approval to renew the contract with MasonWebTV.com for live streaming services of regular
Commission meetings and Board of Health meetings for 2017 with an option to renew for an
additional two years. The rate per meeting is $50 for up to 4 hours. The rate for each
additional hour is $25.
8.2 Approval to reappoint Steven Rose and appoint David Willard to new three-year terms of
office on the Mason County Historic Commission. The terms end November 2019.
8.3 Approval of agreement #IAC17396 for 2017 Public Defense Improvement Funds. The
awarded grant is $77,493
8.4 Approval to appoint Barry Fisher to the Noxious Weed Control Board. The term ends
December 6, 2020.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
December 6, 2016 - PAGE 2
8.5 Approval to set a public hearing on December 20, 2016 at 9:30 a.m. to consider an ordinance
repealing the Moratorium on Medical Cannabis Cooperatives and reducing the permitted
distance from cooperatives under RCW 69.50.331(8)(b).
8.6 Approval to set a public hearing on December 20, 2016 at 9:30 a.m. to consider the annual
updates to the 2017-2022 Capital Facilities chapter of the Mason County Comprehensive
Plan.
8.7 Approval of warrants
Claims Clearing Fund Warrant #s 8044338-8044661 $962,347.14
Direct Deposit Fund Warrant #s 36336-3632 $678,685.46
Salary Clearing Fund Warrant #s 7002361-7002388 $486,683.45
Total $2,127,716.05
Claims Clearing YTD Total $29,334,370.29
Direct Deposit YTD Total $12,828,753.76
Salary Clearing YTD Total $13,501,283.09
8.8 Approval of Veterans Assistance Fund applications: Necessity items: $709.22; Utilities
$1,014.79 and Housing $1,558.00 for a total of$3,282.01.
8.9 Approval to authorize Public Works/Equipment Rental & Revolving (ER&R) to advertise set
bid opening, award, sign contract, if needed, and allow Chair to sign all pertinent documents
for the call for bids to furnish Mason County with culvert pipe and linings. Contract award(s)
will be announced at a scheduled meeting of the Board of Mason County Commissioners.
8.10 Approval to execute the Interlocal Agreement with City of Shelton allowing the County to
deliver sludge produced by the County Wastewater Treatment Facilities to the City of
Shelton's Wastewater Treatment Plant for further treatment.
8.11 Approval of a resolution renaming fund 205.000000.000.000,"Mason County Public Works
Facility Bond'07"to"Mason County Public Works Facility Bond Fund". This fund is setup to
receive resources and to pay the costs of the State of Washington. Certificates of
Participation, Series 2016A, Public Works Facility Lease No. 0144-2-1. Resolution No. 92-
16 (Exhibit A)
8.12 Approval to authorize Public Works, Utilities &Wastewater (U&W) Management Division to
advertise a request for proposals for the hauling of biosolids between the County owned and
operated Wastewater Treatment Facilities.
8.13 Approval to authorize the Chair to execute Amendment No. 2 for the agreement with MDG
Wastewater&Water Treatment for an additional $15,000, to continue water and wastewater
management services and include PERS retirement payment contributions to Washington
State Department of Retirement Systems.
8.14 Approval of the resolution authorizing the County Road Load/Speed restrictions and
Emergency Closing Orders for the 2017 calendar year. Resolution No. 93-16 (Exhibit B)
8.15 Approval to terminate the Sand Hill County Park Attendant Contractual Employment
Agreement executed on May 10, 2016 between Mason County, Beau White and Amber Beach
and to approve the Release and Hold Harmless Agreement to release and forever discharge
Mason County and its officers, agents, employees, agencies and departments from any and
all existing and future claims, damages and causes of action of any nature whatsoever arising
out of the termination of the Contractual Agreement, dated November 30, 2016 and to pay
the sum of$5,000 as agreed.
8.16 Approval to enter into a 60 month copier lease with Ricoh for the Public Defense Office in the
amount of$89.15 per month for a MP2554SP Copy/Scan/Fax and authorize the Chair to sign
the contract.
8.17 4ppreva�te
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
December 6, 2016 - PAGE 3
Expand Substance Abuse Treatment GapaGity in Adult Treatment DFug GGurts and Adult
Tribal uoalffiR, tO We"Re s C06146 P „ am. Removed
8.18 Approval to set a public hearing on December 20, 2016 at 9:30 a.m. to consider the rezone of
parcel 12329-13-90091 from Low Density Residential (R-4) to Rural Residential 5 (RR 5).
Questions:
Item 8.12 - Connolly Watson, asked if AAA hauls to Web Hill. Cmmr. Neatherlin stated the most recent
contract is Flow Hawks, and this action is to request proposals. We are no longer hauling to Web Hill.
Cmmr. Sheldon asked that Item 8.12 be removed.
Cmmr. Sheldon asked for clarification of Item 8.15.
Frank Pinter explained the building occupied by the park attendant is in disrepair and the contract is being
canceled and the building will be removed. The plan is to renegotiate with a new park attendant in the
future. The payment is to offset the contract cancellation.
Item 8.13— PERS is for individuals and this is a company that is owned by Marty Grabill. Frank explained
that Utilities has contracted with MDG Wastewater&Water Treatment and Marty was a county employee.
If a previous employee comes back even as a contractor, payment must be paid into PERS.
Cmmr. Sheldon/Neatherlin moved and seconded to approve action items 8.1 through 8.18,
with the exception of 8.12 and 8.17 which have been removed. Motion carried unanimously.
N-aye; S-aye;J-aye.
Item 8.12 Bart Stepp suggested adding "to the City of Shelton"
Cmmr. Sheldon/Neatherlin moved and seconded to amend Item 8.12 to authorize Public
Works, Utilities&Wastewater(U&W) Management Division to advertise a request for
proposals for the hauling of biosolids between the County owned and operated Wastewater
Treatment Facilities to the City of Shelton for disposal. Motion carried unanimously. N-aye;
S-aye; J-aye.
9. Other Business (Department Heads and Elected Officials)
9.1 Selection of Mason County Clerk
Chair Jeffreys explained that Ginger Brooks, current Mason County Clerk, announced retirement the first
of 2017. Because the current Clerk prefers the Democratic Party, the position must be filled with a
Democrat. The Commissioners, pursuant to state law, requested the Mason County Democratic Central
Committee to submit three nominees for the Board to consider appointing to fill this position until an
election can be held, November 2017. The Commissioners have reviewed the qualifications of the
nominees.
Chase Gallagher read aloud a letter from Cathy Gallagher who cannot attend today's meeting.
Cmmr. Sheldon/Jeffreys moved and seconded to select Sharon Fogo to serve as the Mason
County Clerk until certification of the 2017 General Election. Motion carried unanimously. N-
aye; S-aye; J-aye.
Ms. Fogo thanked the Commissioners for this selection.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
December 6, 2016 - PAGE 4
10. 9:30 a.m. Public Hearings and Items set for a certain time—
10.1 Public hearing continued from November 22 to certify to the County Assessor the amount of taxes
levied for county purposes and the amount of taxes levied for each taxing district for 2017. The Road
property tax levy for 2017 will also be recertified.
Cmmr. Neatherlin/Sheldon moved and seconded to table this public hearing to December 13,
2016 at 9:30 a.m. Motion carried unanimously. N-aye; S-aye; J-aye.
10.2 Continued from October 25, 2016. Public Hearing to consider a resolution to repeal and replace the
Mason County Shoreline Master Program.
Kell McAboy introduced the topic of the public hearing to consider changes to the Mason County
Shoreline Master Program (SMP).
Ms. McAboy explained the current program has four designations: urban, rural, conservancy and natural.
The proposed revised SMP has five designations: commercial, residential, rural, conservancy and natural.
The west side of Lake Cushman is currently designated as rural; in the draft SMP the new designation
was proposed to be conversancy and staff is recommending to change it back to a rural designation.
This means that the west side of the lake will be treated the same as the east side of Lake Cushman.
Tim Gates, Ecology, has worked closely with County staff through the revision process. The proposal is
to change the designation to retain the existing designation on the west side of Lake Cushman. In
response to Skokomish Tribe comments, the property north of Waketickeh Creek (basically Robbinswold
Girl Scout Camp) to retain the conservancy designation; this was accidently changed to residential. He
pointed out the SMP is a shared document with Ecology.
There was discussion of existing and on-going aquaculture programs. Reference was made to Taylor
Shellfish comments that talk about existing or dormant shellfish areas acquired under the Bush acts of
1895 and suggested language changes were submitted.
Rick Mraz, Ecology, addressed comments from Steve Whitehouse regarding existing lawfully constructed
structures and uses. There is concern over lack of qualifying term for existing structures, those that are
not considered grandfathered. The suggestion is to change language to say"legal nonconforming".
These can be rebuilt. Existing lawfully constructed structures and uses would have standing.
Mike Allen has an issue with an existing dock and will be meeting with Dave Windom.
Ms. McAboy talked about changes to the Resource Ordinance. There are common line setbacks with
minimum and maximum setbacks. There are requirements in the Resource Ordinance for structures that
don't require a building permit and in certain circumstances are allowed forward of the common line. A
habitat plan is required. The proposed change is similar to the regulations being considered. A structure
must be at least 15' back from ordinary high water mark. There are comments from a citizen who has a
structure that is 4'from shoreline, which would need a mechanical permit. Staff would support Pierce
County language. Ms. McAboy presented photos of the structure in question, which is more than a
"barbeque". Staff must consider if views are obstructed.
Testimony:
John Egbert expressed concern regarding water activity that generates large wakes and potential damage
to docks. To prevent damage to their dock, a property owner can convert the floating dock to a pile
support dock and/or install a boat lift. Mr. Egbert requested the Commissioners consider adopting
provisions to streamline the permitting process in order to accomplish this and to grandfather in the
footprint of a dock, eliminate the need for costly studies associated with a dock conversion or installation
of a boat lift and to keep the permit costs reasonable.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
December 6, 2016 - PAGE 5
Mr. Mraz noted that there is a streamlined effect from these SMP changes because the Resource
Ordinance is absorbed into the SMP. A property owner can change a floating dock to a fixed pier if they
stay within existing permitted footprint and it can be considered a repair. He noted that Fish &Wildlife
have their own permitting hydraulic requirements.
Mr. Gates referred to page 103 in the SMP regarding boat lifts.
Janet Mutter requested definition of an appurtenant structure, which can be up to 600 square feet and
can be a shed. She has a 10'x 10'structure, called a Finland grill house. She stated you cannot see the
barbeque from neighboring properties. She asked who determined the 15 foot setback. They removed
the structure per Mason County regulations and she requested permission to put the structure back up.
Cmmr. Jeffreys pointed out the County has to consider the cumulative effect on shorelines.
Ms. McAboy noted that in the current SMP, the minimum setback is 15'and the Resource Ordinance has
a minimum setback of 35', now they will be integrated.
Mr. Gates explained this regulation has been in effect since 1975 in Mason County and setbacks are in
place to protect the structure and the shoreline. There are exceptions, such as water dependent
structures. The cumulative impact must be considered.
Cmmr. Neatherlin asked if the setback issue is sent back to the Planning Advisory Commission, could this
be changed at a future date.
Mr. Gates stated the State will have a public comment period on the SMP and will work collaboratively
with the County and the County can submit comments to consider.
Mr. Mraz explained the reason for setbacks and buffers in the SMP are the results of extensive shoreline
inventory. Staff used best available science documents based upon science foundations. If the county
chose to change, they would need to conduct another shoreline inventory and consider cumulative
impacts.
Jim Reece has three issues: replacing a floating dock with a piered dock and the size allowed with a
replacement; address length of dock relative to neighbor docks on a case by case basis; if there is a
property that is encroached by a neighboring dock, the encroachment should not harm the property that
is encroached upon from building their own dock.
Phil Plattner noted there is property on the west side of Lake Cushman that doesn't have road access and
it needs a dock for access to the property. He wants to have a reasonable process.
Ms. McAboy answered that no residence is required, but would need a substantial development permit,
which will be permitted administratively and will no longer require a hearing examiner hearing.
If the intent is to also build a structure, the dock can be permitted under an exemption.
Monica Harle addressed the process that was followed during the amendment process and the various
Mason County Code Chapters that were changed. She doesn't believe the SMP is done; believes there is
unfinished business. Concerns with the county giving up oversite in the streamlining process; concerns
with aquaculture regulations.
Cmmr. Jeffreys stated there are a lot of changes to contemplate.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
December 6, 2016 - PAGE 6
Cmmr. Neatherlin would like to address the self contained equipment on shoreline and questioned the 15'
setback.
Cmmr. Sheldon voiced concern with issuing specific exemptions and the difficulty of having uniformity.
The Board agreed to go into recess and asked staff to come back with recommendations.
Recess from 11:10 a.m. to 11:30 a.m.
11:33 a.m. Ms. McAboy made the following suggestions to adopt the draft SMP with following changes:
Self-Contained Equipment in Shorelines, add language to MCC 17.50.020 definition of development—
"Siting a piece of equipment on the ground or platform is not"development"if the action meets the
following criteria: It consists entirely of a self-contained piece of equipment that is typically fabricated off
site and placed on the site as a unit. Kit involves no construction on site. Some assembly of equipment
parts is allowed. It does not require a building permit, mechanical permit, or plumbing permit. It is not
located at or waterward of the ordinary high water mark. It is on private property. It is not on a tract,
easement, or other conveyance that provides for public access. It does not include any of the action
listed in the definition for"development." Placement of self-contained equipment is subject to the SMP
vegetation requirements. It is not a "recreational vehicle"as defined in the County Code.
Cmmr. Neatherlin/Sheldon moved and seconded to adopt the amended Title 17.50.020
definition of development: Siting a piece of equipment on the ground or platform is not
"development"if the action meets the following criteria: It consists entirely of a self-
contained piece of equipment that is typically fabricated off site and placed on the site as a
unit. Kit involves no construction on site. Some assembly of equipment parts is allowed. It
does not require a building permit, mechanical permit, or plumbing permit. It is not located
at or waterward of the ordinary high water mark. It is on private property. It is not on a
tract, easement, or other conveyance that provides for public access. It does not include any
of the action listed in the definition for"development." Placement of self-contained
equipment is subject to the SMP vegetation requirements. It is not a "recreational vehicle"
as defined in the County Code. Motion carried unanimously. N-aye; S-aye;]-aye.
Ms. McAboy suggested the County retain the conservancy designation north on Highway 101.
Cmmr. Sheldon/Neatherlin moved and seconded to retain the conservancy designation for
the Waketickeh Creek area on the west side of Hood Canal. Motion carried unanimously. N-
aye; S-aye; 3-aye.
Cmmr. Sheldon clarified this encompasses RobbinsWold Girl Scout Camp.
Ms. McAboy suggested map change to retain the rural designation on the west side of Lake Cushman.
Cmmr. Neatherlin/Sheldon moved and seconded to retain the rural designation on the west
side of Lake Cushman. Motion carried unanimously. N-aye; S-aye; ]-aye.
Ms. McAboy stated the issues that were raised about docks, staff and Ecology believe the SMP addresses
those concerns and no additional changes are necessary.
Cmmr. Sheldon stated he appreciates this statement.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
December 6, 2016 - PAGE 7
Cmmr. Neatherlin asked if there is an issue with someone trying to get a dock if there is a dock
encroaching their property. Ms. McAboy believes that is outside of the SMP.
Ms. McAboy suggested the recommended language from Taylor Shellfish be adopted for Title
17.50.210.B.1.d with the addition "The Administrator may determine"a presumptively ... .
Cmmr. Neatherlin/Sheldon moved and seconded to amend the language in Title
17.50.210.B.i.d: Existing aquaculture activities include areas that are actively cultivated
and/or dormant. It is presumed that the following areas are dormant and hence existing:
areas acquired under the Bush act of 1895; areas undergoing crop rotation; and areas
dormant due to market conditions, seed or juvenile availability, past and current pest
infestations or control issues, water quality issues, and other cultivation factors beyond the
control of the operator. The Administrator may determine a presumptively dormant area
may, on a case-by-case basis, be deemed abandoned provided clear and affirmative
information evidencing an intent to abandon the area for shellfish farming is provided.
Existing or permitted aquaculture operations are not subject to Section 17.50.120, Existing
Structures and Uses, and shall not be considered nonconforming or abandoned. Ongoing
maintenance, harvest, replanting, restocking or changing the culture technique or species
cultivated for any existing or permitted aquaculture activity shall not require shoreline
review or a new permit, unless or until: i. the operation changes the scope and intent of the
original permit as defined in 17.50.400; or ii. The facility proposes to cultivate non-native
species not previously cultivated in the state of Washington. Motion carried unanimously.
N-aye; S-aye; J-aye
Changes to Title 17.50.210.B.i.e
Cmmr. Neatherlin/Sheldon moved and seconded to amend 17.50.210.B.i.e. Consistent with
mitigation sequencing, aquaculture uses and developments may be required to provide
mitigation where necessary to offset significant adverse impacts to normal public use of
surface waters. Motion carried unanimously. N-aye; S-aye; J-aye
Changes to Title 17.50.210.B.1.ii
Cmmr. Neatherlin/Sheldon moved and seconded to amend 17.50.210.B.i.ii strike the words
"As required by MCC 8.52.170(g), all activities in saltwater shall avoid impacts to eelgrass
and kelp beds to the maximum extent practicable." Motion carried unanimously. N-aye; S-
aye; J-aye
Barbara Adkins then suggested the language recommended by Steve Whitehouse be adopted for Title
17.50.120.1.a and 17.50.120.1.b:
Cmmr. Neatherlin/Sheldon moved and seconded to amend Title 17.50.120.1.a, add the word
"legal"before"nonconforming"and amend 17.50.120.1.b. Lawfully constructed structures,
including legal nonconforming structures, may continue and may be maintained, repaired,
and replaced within their footprints in accordance with the Act, this Program and other
applicable regulations. Applications for replacements for grandfathered or for legal non-
conforming structures shall be submitted within five years of the date of damage. Motion
carried unanimously. N-aye; S-aye; J-aye
Changes to Title 17.50.120.2
Cmmr. Neatherlin/Sheldon moved and seconded to amend Title 17.50.120.2. a and b— under
a. include`existing'before"lawfully established"and add"legal"before"nonconforming";
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
December 6, 2016 - PAGE 8
amend b. "Grandfathered and legal nonconforming uses may continue and may be
maintained or replaced per the provisions of this Program." Motion carried unanimously. N-
aye; S-aye;J-aye
Cmmr. Neatherlin/Sheldon adopt the resolution stating the intent of Mason County to repeal
and replace the Mason County Shoreline Master Program, Chapter IX of the Comprehensive
Plan, amend the Resource Ordinance and Development Code; and adopt a Channel Migration
Zone Map. Motion carried unanimously. N-aye; S-aye;J-aye. Resolution No. 94-16 (Exhibit
C)
11. Board's Reports and Calendar The Commissioners reported on meetings attended the past week and
announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 12:15 p.m.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
gk,
Terri Jeffrey it
Tim Sheldon, Commissioner
ATTEST:
iL Randy Neatherlin, Commissioner
C rk th Board 61-
Exhibit A
RESOLUTION NO.
REPLACING RESOLUTION 22-08
CHANGING THE NAME OF THE MASON COUNTY PUBLIC WORKS FACILITY
BOND '07,FUND 205.000000.000.000 AND
CREATE A PROGRAM WITHIN THE FUND
WHEREAS,RCW 36.32.120, states "...the board of county commissioners...have the
care of the county property and the management of the county funds and business..."
WHEREAS,on February 26, 2008,the Board of Mason County Commissioners
approved Resolution Number 22-08, creating the Mason County Public Works Facility Bond '07,
Fund 205.000000.000.000; and
WHEREAS,the Board of Mason County Commissioners recognize the need for a Debt
Service Fund for the purpose of receipting resources and payments of the 2007 Mason County
Public Works Facility Bonds, State of Washington Certificates of Participation, Series 2007 F
Construction of Mason County Public Works Facility,Lease No. 0144-1-1; and
WHEREAS,this lease has been refunded with State of Washington Certificates of
Participation, Series 2016A, Lease No. 0144-2-1, dated March 31,2016.
NOW,THEREFORE BE IT RESOLVED,the Mason County Board of County
Commissioners does hereby change the name of Fund 205.000000.000.000 from"Mason
County Public Works Facility Bond '07"to"Mason County Public Works Bond Fund".
BE IT FURTHER RESOLVED,that a program within the fund,205.000000.000.100,
titled Lease No. 0144-2-1,will be created in order to receive resources and to pay the costs of the
the State of Washington Certificates of Participation, Series 2016A, Public Works Facility Lease
No. 0144-2-1.
BE IT FURTHER RESOLVED,that this resolution replaces Resolution 22-08 and the
Mason County Treasurer and the Director of Public Works will administer this fund and pay
proper expenses from this fund as approved by the Mason County Board of County
Commissioners.
APPROVED this day of er,2016.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
-L
Terri Jeffreys;E i b
M 1 rewty, C er of the Board
.S
APPROVED AS TO FO Tim Sheldon,Vice Chair
Tim Whitehead, Chief DPA Ran y Neatherlin, Commissioner
Cc: Accounting,Treasurer,Public Works and Budget&Finance
Exhibit B
RESOLUTION NO.
LOAD/SPEED RESTRICTIONS AND
EMERGENCY CLOSING ORDERS FOR COUNTY ROADS
NOTICE IS HEREBY GIVEN that pursuant to the emergency provisions of RCW 36.75.270 and RCW
46.44.080,all Mason County roads are hereby immediately subject to closure for travel by all vehicles exceeding the
weight and/or speed limits as listed herein for the 2017 calendar year. (Note:The Board may suspend or extend the
closure on any County Road by independent action according to the prevailing conditions.)
THIS ORDER shall supersede for the period designated,any previous order in conflict herewith,
provided that this order shall not supersede or modify any restrictions now in force covering load limits on bridges
located upon county roads.
THE COUNTY ROADS posted with the following load restrictions are closed to all vehicles with a gross
weight(vehicles and load)which exceeds the following load limits for the size of fires as stated in WAC 468-38-080
and as set forth below:
EMERGENCY LOAD RESTRICTIONS
CONVENTIONAL TIRES TUBELESS OR SPECIAL WITH.5 MARKING
Gross Load Gross Load
Tire Size Each Tire Tire Size Each Tire
7.00 1800 tbs. 8-22.5 2250 tbs.
7.50 2250 tbs. 9-22.5 2800 tbs.
8.25 2800 lbs. 10-22.5 3400 tbs.
9.00 3400 tbs. 11-22.5 4000 tbs.
10.00 4000 lbs. I 1-24.5 4000 tbs.
11.00&over 4500 tbs. 12-22.5&over 4500 tbs.
SEVERE EMERGENCY LOAD RESTRICTIONS
CONVENTIONAL TIRES TUBELESS OR SPECIAL WITH.5 MARKING
Gross Load Gross Load
Tire Size Each Tire Tire Size Each Tire
7.00 1800 tbs. 8-22.5 1800 tbs.
7.50 1800 tbs. 9-22.5 1900 tbs.
8.25 1900 tbs. 10-22.5 2250 lbs.
9.00 2250 tbs. 11-22.5 2750 tbs.
10.00 2750 tbs. 11-24.5 2750 tbs.
11.00&over 3000 tbs. 12-22.5&over 3000 tbs.
IN ACCORDANCE WITH RCW 36.75.270 and RCW 46.44.080,these emergency restrictions may be
imposed effective immediately,by posting the roads involved.
WHEN IMPOSING LOAD RESTRICTIONS pursuant to this Resolution,the Mason County Public
Works Department shall specify and display by posted signs,whichever of the above schedules of load restrictions is
necessary to protect the county road from damage.
NO ALLOWANCE SHALL BE MADE for any second gear axle suspended from the frame of the vehicle
independent of the regular driving axle,otherwise known as"rigid trail'axles. Allowance will be made for single tires
only on the front of any truck. The load distribution on any axle of a vehicle shall be such that it will not load the tires
on said axles in excess of the prescribed load,as above set forth. Any loading in excess of the specified maximums as
listed herein will be considered a violation of this order. If the motive power for any type of trailer is inadequate to
safely handle the specified maximum load as listed herein for such trailer,then in that event,the load on the trailer shall
be reduced sufficiently to allow said truck mid trailer to operate with safety.
PERMITS ALLOWING TRANSPORTATION ALONG RESTRICTED ROADS. Permits may be issued
by the Mason County Public Works Department to allow the operation of trucks transporting perishable commodities
or commodities necessary for the health and welfare of local residents on such county roads,which may be closed or
restricted. Such permit may include weight and speed restrictions,plus other restrictions deemed necessary to protect
the roadway from undo damage. Vehicles with a gross weight of less than 10,500 tbs(GV W)shall be permitted to
operate at full capacity under this resolution.(By general rule emergency vehicles do not need a special permit,but may
require weight and speed restrictions.School buses maybe required to run emergency bus routes with possible speed
restrictions).
Page 1 of 2
U
ti
Load/Speed Restrictions and
Emergency Closi Orders for County Roads
Resolution No.
VIOLATION-TRAFFIC INFRACTION. Any violation of these restrictions constitutes an infraction
under the provisions of RCW 46.44.105;RCW 46.44.080. Any person found to have violated any posted limitations
COUNTY of a highway or section of highway shall be assessed a monetary penalty of not less than one hundred and
fifty dollars.
CIVIL LIABILITY PENALTY. Violators are also subject to civil liability for the damage caused by such
violations as provided under RCW 46.44.110 and RCW 46.44.120.
POSTING ROAD CLOSURES. The county engineer or road operations&maintenance supervisor in and
for said Mason County is delegated the authority in the absence of said Board of County Commissioners,and with their
permission to close any and all county roads by publishing and posting notice in accordance with RCW 47.48.020;
provided,however,that in cases of emergency or conditions,the county engineer or road operations&maintenance
supervisor may;without permission or delay,close county roads temporarily to all vehicles or designated class of
vehicles or place other conditions or restrictions by posting notice at each end of the closed portion of road or roads.
Such restrictions shall be effective immediately upon posting
THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY hereby resolves to place the
above described Load Restrictions and Emergency Closing Orders in effect immediately and the county road purpose
described herein is declared a public necessity and the county road engineer shall be and is hereby ordered and
authorized to proceed as prescribed by law.
l�ADOPTED this 111 day off FPPA& r2016.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASMNGTON
ATTEST:
TERRI JEFFR C it
Cl rk f oa'd
TIM SHELDON,Vice Chair
APPROVED AS TO FORM:
RA DY NEATHERLIN,Commissioner
TTM WHITEHEAD,Ch.DP
cc: Commissioners
Public Works
Prosecutor
Sheriff
Publ.:I Time: 12/15/16(Bill: Mason County Dept.of Public Works)
Page 2 of 2
Exhibit C
RESOLUTION NO. /
A RESOLUTION STATING THE INTENT OF MASON COUNTY TO
REPEAL AND REPLACE THE MASON COUNTY SHORELINE MASTER
PROGRAM AND MAPS (17.50 MCC) AND CHAPTER IX OF THE
COMPREHENSIVE PLAN (SHORELINE MANAGEMENT); AMEND THE
RESOURCE ORDINANCE (8.52 MCC) AND DEVELOPMENT CODE
(TITLE 15 MCC); AND ADOPT A CHANNEL MIGRATION ZONE MAP.
WHEREAS, Chapter go.58 RCW, also known as the Shoreline Management Act of 1971
(SMA), require each city and county to develop and implement a local Shoreline Master
Program (SMP); and
WHEREAS,the SMA requires local SMP's to give priority to uses that require a shoreline
location, promote public access and enjoyment opportunities, and protect the environmental
resources of State shorelines;and
WHEREAS, RCW Chapter 36.7oA,also known as the Washington Growth Management Act
(GMA), requires that counties planning under the GMA adopt development regulations that are
consistent with and implement their comprehensive plans; and
WHEREAS,the 2003(amended in 2011)Washington Department of Ecology(Ecology)
guidelines,codified in Chapter 173-26 of the Washington Administrative Code (WAC), include
substantive, procedural, and process requirements to be followed by local jurisdictions in their
comprehensive updates to their SMP's;and
WHEREAS,the SMA established a timeline for local jurisdictions to adopt updated SMP's
consistent with the guidelines,and the adoption deadline for Mason County was December
201.2,although the County and Ecology have mutually agreed to continue working on the
update past this date in good faith; and
WHEREAS, Mason County adopted an SMP in 1975,which was last updated in j.988,with
minor amendments made in 2002 and 2006;and
WHEREAS,the County applied for and received a three year grant from Ecology in 2010 to
support the revisions of the development of required supporting studies and implementation
documents;and
WHEREAS, after receiving applications from consulting firms,the County selected and then
finalized a contract agreement with ESA Adolfson to provide professional services in support of
the update; and
WHEREAS,the Board of County Commissioners approved a Public Participation Plan; and
WHEREAS,the County presented information on the SMP update to several local groups, such
as the Ports,the Mason County Economic Development Council,the Hood Canal Community
[1]
Club,the Lower Hood Canal Watershed Coalition,the Mason County Realtors,Tacoma Power,
Oakland Bay Clean Water, the Olympia Master Builders,the Mason & Benson Lake
Homeowners Association, and the Shelton Rotary; and
WHEREAS,the County sent a"Shape Your Shoreline"mailerto all shoreline property owners,
held two open houses, broadcasted on KMAS (local radio),and published an article in the
"Shelton Life";and
WHEREAS,the County formed and worked with two groups,the Shoreline Joint Technical
Advisory Committee and the Shoreline Citizen's Advisory Committee during the initial phase of
the update from zoss through 2013 to assist in developing the SMP goals, policies,
environmental designations,and use/development regulations; and
WHEREAS, after the Joint Technical Advisory Committee held 14 meetings and the Citizen's
Advisory Committee held 27 meetings,a "Preliminary Draft SMP"and was completed in
January 2013 and the Jurisdiction Map and the Environmental Designation Map were
completed in May 2013(and later revised); and
WHEREAS,the SMP includes policies and regulations designed to ensure no net loss of
ecological functions necessary to sustain shoreline resources; and
WHEREAS,the SMP has been designed to plan for and foster all reasonable and appropriate
uses and increase the public's opportunities to enjoy the physical and aesthetic qualities of the
shoreline to the greatest extent feasible; and
WHEREAS,the SMP appropriately balances the goals of the SMA and incorporates the most
current,accurate, and complete scientific and technical information available; and
WHEREAS,the Board of County Commissioners finds that the proposed amendments comply
with all applicable requirements of the Growth Management Act,the Comprehensive Plan, and
the Mason County Code, and that it is in the best public interest;and
WHEREAS,the Planning Advisory Commission (PAC) began their review of the"Preliminary
Draft SMP"in January 2013 and found it necessary to also revise the Resource Ordinance(MCC
8.52)and the Development Code (Title 15 MCC)to ensure consistency with the revised SMP
and to improve upon outdated references and issues with clarity, readability,and internal
consistency.
WHEREAS, after holding 47 public workshops and after significantly revising the"Preliminary
Draft SMP,"the PAC held public hearings on June 13th,June loth,and June 27th to consider
repealing and replacing the following regulatory documents:
• Shoreline Master Program (17.50 MCC) including the Jurisdiction and Shoreline
Environmental Designations Maps
• Shoreline Chapter(IX)of the Comprehensive Plan
[2]
WHEREAS,the PAC also reviewed and commented on the following supporting studies and
implementation documents associated with the SMP as part of the required update:
• Shoreline Restoration Plan
• Shoreline Inventory and Characterization Report
• Shoreline Cumulative Impacts Analysis
• Channel Migration Zone Assessment; and
WHEREAS,the PAC also considered amending the following regulatory documents:
• Resource Ordinance(8.52 MCC)
• Development Code(Title iS MCC)
• Channel Migration Zone Map; and
WHEREAS, at the public hearings,the PAC passed a motion to recommend approval of the
above amendments pursuant to the SMA and consistent with the GMA; and
WHEREAS, at the public hearings,the PAC also considered and passed a motion to
recommend the adoption of Channel Migration Zone Map,which was drafted by the
Department of Ecology; and
WHEREAS, pursuant to the State Environmental Policy Act(SEPA),the County issued a
Determination of Non-Significance on March 4th, 2o3_6 and filed a Growth Management Act 6o-
day notice of intent to adopt with the State of Washington Department of Commerce; and
WHEREAS,the County's amended SMP will implement by reference the regulations for critical
area regulations within the County's Resource Ordinance; and
WHEREAS,the amendments have been developed in full compliance with Mason County
codes and with the RCW's procedural requirements for amending the County's Comprehensive
Plan and development regulations; and
WHEREAS, pursuant to RCW 36.7oA.37o,and following the guidelines prepared by the
Washington State Attorney General,the SMP has been reviewed to assure that adoption of the
changes will not result in an unconstitutional taking of property; and
WHEREAS,the Board of County Commissioners considered the above amendments together
with Staffs Report and public testimony at a duly advertised public hearing on October 25th/
zoi6; and
WHEREAS, Washington State law,WAC 1.73-26-ioo(Washington Administrative Code)
provides a local process for approving and amending Shoreline Master Programs and the Board
of County Commissioners acknowledge that Ecology must approve all master programs before
they become effective; and
131
WHEREAS,this Resolution recognizes the culmination of Mason County's extensive and
continuing process of public involvement and consultation with Ecology including a public
hearing by which the proposed amendments will be approved for submittal; and
WHEREAS, it is the intent of the Board of County Commissioners to submit to Ecology an
amended Shoreline Master Program,together with corresponding amendments to the Mason
County Comprehensive Plan,the Resource Ordinance and the Development Code as they
interrelate to those changes, and
WHEREAS, it is the intent of the Board of County Commissioners to take final action adopting
these amendments at such time as the Ecology review and approval process has been
complete.
BE IT HEREBY RESOLVED,the Mason County Board of Commissioners hereby accepts the
repeal and replacement of the Mason County Shoreline Master Program (17.50 MCC)
including the Jurisdiction and Shoreline Environmental Designations Maps and Chapter
IX of the Comprehensive Plan (shoreline Management);the amendment of the
Resource Ordinance (8.52 MCC) and the Development Code (Title 15) of the Mason
County Code; and the adoption of the Channel Migration Zone Map.
DATED this (rday of 7 ex- 2016.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Terri Jeffre�ss, '
Clerl o the Board
APPROVED AS TO FORM: Tim Sheldon, Commissioner
f
Tim Whiteh , hief DPA Ra dy Neatherlin, Commissioner
141