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HomeMy WebLinkAbout2019/06/11 - Regular BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North 5th Street, Shelton, WA June 11, 2019 1. Call to Order—The Chairperson called the regular meeting to order at 9:05 a.m. 2. Pledge of Allegiance— George Blush led the flag salute. 3. Roll Call — 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 liquor license application for Allyn Community Association located at Port of Allyn Waterfront Park 18560 WA-3, Allyn. 4.1.2 Jan Morris sent in application for Lodging Tax Advisory Committee. 5. Open Forum for Citizen Input— None 6. Adoption of Agenda - Cmmr. Trask/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes— May 7, and May 21, 2019 Regular Meeting Minutes. Cmmr. Neatherlin/Trask moved and seconded to adopt the May 7 and May 21, 2019 minutes as written. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 8.1 Approval to have the Chair sign the agreement for the 2019-2021 Biennium Contract No. K2016 between the Washington State Conservation Commission and Mason County for Voluntary Stewardship Program Implementation. 8.2 Approval of the resolution amending the income guidelines in the Veterans Advisory Board Policy for the Veterans' assistance program to reflect the annual income to be eligible is after taxes and medical premium deductions. (Ex.A—Res. 53-19) 8.3 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8064654-8064766 $ 186,611.14 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for May 2019 $ 435,330.23 8.4 Approval to have the Board approve and execute the resolution setting a hearing date with the Hearings Examiner for July 10, 2019 at 1:00 p.m. to consider public comment on the petition for vacation of the south 40 feet of Olympic Avenue that lays north of Block 14 Lots 6-11 in the Plat of Hoodsport in Mason County, Washington. (Ex. B-Res. 54-19) 8.5 Approval of the contract with KMB Architects for architectural and engineering services for the Mason County District Court Building #10 renovation project. This contract is the first of three phases. Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.5. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials)- None 10. 9:15 a.m. Public Hearings and Items set for a certain time— BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS June 11, 2019 - PAGE 2 10.1 Public Hearing to consider the application from Nickolas Opolsky to place parcel 52024-34-00030 into Open Space. Staff: Diane Zoren Diane Zoren said the Assessor's office is recommending the addition of all 6.16 acres into Open Space. Nickolas Opolsky, property owner, handed the Board copies of two maps and explained the reasoning for his request to enter the Open Space program. Cmmr. Neatherlin/Trask moved and seconded to place parcel 52024-34-00030 into Open Space. Motion carried unanimously. N-aye; S-aye; T-aye. 10.2 Public Hearing to consider moving forward with the formation of a lake management district for Spencer Lake (LMD #3) for a 10-year period commencing in 2020. Staff: Diane Zoren Diane Zoren explained that this LMD formation is from a petition signed by the residents of Spencer Lake and would commence in 2020. Funds would be used to treat the aquatic vegetation within the lake. A resident of the lake asked who would be on the committee and how the algae would be addressed. Diane explained the committee would be made up of citizens on the lake who would then manage the money. The resident then spoke about the spillway next to her property and the issues she's been having. Another resident addressed the spillway, noting that the levels need to be observed. Cmmr. Neatherlin reminded those in attendance that the lake level is not being observed at this time, and instead discussion needs to be geared towards the Lake Management District. An unknown gentleman suggested a boat cleaning station at the dock and asked if this money could be used for that to help curb contamination. Diane said she would need to check with legal as it may be considered a capital improvement. Public Comment: William Zeigler spoke about environmental impacts that will need to be addressed by the committee. Doris Zacker gave a brief background on why the petition was brought forward to create the LMD as well as some history of the lake. Herb Larson gave the Board a letter and voiced objection to the way funding will be collected, saying he believes the RCW says the Commissioners can decided how the money is spent. He spoke about how each property owner will owe different amounts due to improvements being within the assessment calculations. Herb described a different method to implement the funding and asked them to consider it. Richard Buchholz spoke in favor of the LMD creation while suggesting they set up a five-year plan instead of a ten-year plan. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS June 11, 2019 - PAGE 3 Joe Snyder also spoke in favor of the LMD and said though not all problems will be immediately addressed, this proposal will at least help with the algae issues. He noted that with the improved quality of the lake, property values will increase. Joyce Arnold said she would like to see the LMD set at a five-year limit instead of ten as she feels this is over taxation. Brian Herbert voiced his favor of the LMD, but spoke against the way the amount for each property is being assessed. He also spoke about non-residents who use the lake and those who don't build on their lake, but instead use the property to camp. Brian suggested a flat fee for each lot instead of separate assessments. Colleen Spurling said it has taken almost five years to get to this hearing and $2,000 has been spent to get to this point. She said if changes are made, the process begins all over again and it could take another five years. Colleen proposed moving forward. Darryl (last name unknown) stated that the weeds are changing the lake and choking off areas. He spoke to the rapid speed in which the weeds are growing and said he is unable to fish and has to completely clean his access every year in order to swim. He said the LMD needs to happen now instead of waiting another five years. Jerry Zucker said that five years may not be enough to completely clean the lake. He spoke to the extended effort that will be necessary to clean the lake each year. Cmmr. Neatherlin questioned where the ten-year timeline came from. Diane Zoren answered that it was on the petition that was signed and submitted to the County. Cmmr. Neatherlin/Trask moved and seconded to approve the resolution adopting findings and determinations consistent with RCW 36.61.070 regarding the establishment of a Lake Management district for Spencer Lake, and submitting the establishment of Lake Management District #3 to a vote of the property owners within the proposed district. Motion carried unanimously. N-aye; S-aye; T-aye. (Ex.C—Res.55-19) 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 10:13 a.m. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS June 11, 2019 - PAGE 4 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Meli ry, C erk of a Board Kevin Shu air haron Trask, Commissioner Randy Xeatherlin, Commissioner RESOLUTION NO. 1)2—19 A RESOLUTION AMENDING RESOLUTION NO. 55-18 VETERANS ADVISORY BOARDNETERANS' ASSISTANCE Defining Income Eligibility Guidelines WHEREAS, Mason County established a levy per RCW 73.08.080 for the purpose of creating the Veterans'Assistance Fund for the relief of honorably discharged veterans or for veterans discharged for physical reason with an honorable record; WHEREAS, RCW 73.08.035 authorizes the establishment of a Veterans'Advisory Board and the Mason County Commissioners adopted Resolution No. 58-13 establishing the Veterans Advisory Board (VAB). WHEREAS, RCW 73.08.010 provides for the relief of indigent and suffering veterans and their families or the families of those deceased veterans,who need assistance and on April 25, 2017 the annual cash award was increased to$1,200 per eligible veteran,the burial assistance was increased to$1,000 and the catastrophic award to$1,000. WHEREAS, RCW 73.08.005 (3)(b)defines "indigent"as a person who receives an annual income, after taxes, of up to one hundred fifty percent or less of the current federally established poverty level; WHEREAS, Mason County will also consider medical premium contributions in determining eligible income levels for indigent veterans and their families; NOW, THEREFORE BE IT RESOLVED by the Board of Mason County Commissioners that the Veterans Advisory Board Operating Policy and Guidelines is amended to reflect that the gross income, after taxes and deductions for medical insurance premium, including Medicare, of the veteran and household members must be at or below 150% of the federally established poverty guidelines. The entire Veterans'Advisory Board Operating Policy& Procedures is adopted as Attachment A These amendments are adopted and effective this 11"' day of June 2019. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY ASHINGTON M is wry, Clerkof the Board Kevin Shutty ,, ai'rr All APPROVED AS TO FORM: ''Sharon Trask?Commissioner Tim White i�hief DPA / Randy N atherlin,Commissioner Nw va,B J:\Veterans\Resolutions\Resolution-defining Income guidelines lune 2014.docx MASON COUNTY VETERANS' ADVISORY BOARD OPERATING POLICY & PROCEDURES These Amendments are adopted and effective this 11th day of June,2039 Mason County,W gton Kevin Shutty, hair ------------------ ATTEST: Ran"dy Neatherlin,Commissioner A// - -- --- / �� �------- Melissa Drewry, Clerk of the Board Sharon Trask,Commissioner Adopted June 11,2019 MASON COUNTY VETERANS' ADVISORY BOARD OPERATING POLICY & PROCEDURES TABLE & CONTENTS I.Organizational Policies.............................................................................................................................. 3 II. Financial Policies....................................................................................................................................... 3 III. Policy Establishing Board.........................................................................................................................4 IV. Eligibility Policies.....................................................................................................................................4 V. Referral to Other Services.................................................................... .......... 5 .......................................... VI. Appeal and Resolution Policy.................................................................................................................. 5 VII. Application Procedures.......................................................................................................................... 6 VIII. Processing of Packet Procedures.......................................................................................................... 7 IX. Records, Files, Forms and Reports.......................................................................................................... 7 X. List of Attachments(Att.) ......................................................................................................................... 8 Page 2 of 8 Adopted 08/21/2018 1. Organizational Policies a. All RCWs(Revised Code of the State of Washington)within Chapter 73.08 RCW VETERAN'S RELIEF,with other RCWs and Mason County Resolutions will be used and referred to throughout this policy. b. The purpose of the Mason County Veteran's Assistance Fund(VAF)is to provide relief as set forth in RCW 73.08.010 to indigent and suffering veterans,their families and the families of deceased indigent veterans. c. Any honorably discharged veterans or veterans with a General Discharge under honorable conditions or a General Discharge with other than honorable conditions(Administrative Discharge),as outlined in RCW 41.04.005 and RCW 41.04.007,and meeting the criteria in 1-b may apply. d. These policies and procedures are subject to review annually by the VAB. 1) If a revision is made,it is so noted and a narrative of revision is put in VAB minutes. 2) If no revisions are made,the date of review is noted,and put in VAB minutes. 3) Post Commanders will be advised concerning any revisions and reviews recommended by the VAB. 4) MCC has final approval of all revisions. e. The VAB will meet the second Wednesday of each month at 10:00am at the Memorial Hall on 2nd. and Franklin St.,in Shelton,WA. C A quorum must be met to conduct any business that may come before the board. g. If a quorum is not met,the Chair may contact other members via phone/text messaging or by e- mail. h. Upon reaching a member,and member agrees to be part of the meeting,thus creating a quorum,the Chair must remain in contact with the member throughout the meeting. lI. Financial Policies a. The funds for creating a Veterans'Assistance Fund(VAF)RCW 73.08.080,is generated from a tax levied by the Mason County Commissioners(MCC),use of the fund is governed by same RCW. b. Approval of the one thousand two hundred($1,200)dollars for assistance shall be granted only for the following: 1) Past Due Rent or Mortgage 2) Past Due Utilities: i. Electric ii. Water iii. Natural Gas iv. Wastewater(sewer) 3.)Miscellaneous Items: 1. Necessity Items(refer to list-Attachment A) a. Single$150.00 b. Married$200.00 c. +$50.00 per dependent li. Needed Fire Wood or Propane 4) Other items I. Obtain state ID card(one time only) c. Exclusions will include,but not limited to alcohol,tobacco,lottery tickets. d. Purchases in excess of the amount written on the check are the responsibility of the applicant e. No cash back will be given to the applicant if purchases are less than the amount written on the check. E All requests for assistance will be approved by the Veterans Service Officer(VSO),with final approval by the MCC. Page 3 of 8 Adopted 08/21/2018 g. If it is determined an applicant is in need of assistance due to any event,catastrophic illness or other significant change in circumstance which comes into being unexpectedly and is beyond the applicants'management or control,the VSO may request in writing that Mason County consider approval of an amount not to exceed a one thousand($1,000.00)dollar lifetime limit per applicant h. The intent of the VAF is not to replace assistance from any other agency,and assistance is granted on a"Case by Case"basis only. I. The VAF is not intended to provide continuing assistance on a routine basis. j. The VAF shall not duplicate other available assistance for the purposes as noted in II.(b) III. Policy Establishing Board a. RCW 73.08.035 states each county must establish a Veteran's Advisory Board(VAB),the board shall advise MCC on the needs of local indigent veterans,the resources available to local indigent veterans,and programs that could benefit the needs of local indigent veterans and their families. b. The VAB is comprised of veterans from the community"at large",and representatives from nationally recognized veterans'service organizations within Mason County.Per said RCW,no fewer than a majority of the board members shall be members from a nationally recognized veterans'service organization and only veterans are to serve on the board. Service on the board is voluntary. c. Mason County Resolution NO.05-15 allows for appointment of two members residing in Mason County from each Nationally Recognized Veterans'Service Organizations to be appointed to the Veteran's Advisory Board(VAB),and two members"at large". d. The VAB will consist of a ten(10)member board;members are appointed as follows: 1) American Legion(2 members) 2) Veterans of Foreign Wars(2 members) 3) 40 et 8(2 members) 4) Disabled American Veterans(2 members) 5) Two(2)Mason County resident veteran(at large) e. Commanders of these organizations will not be members of the VAB. E Commanders will appoint the members from their organization to serve on the VAB for the purpose of overseeing the VAF. g. These members may be appointed or removed at the discretion of their commander. h. The first appointment of members shall be three(3)members for a three(3)year term,and four (4)members for a two(2)year term. I. Thereafter all terms will be two(2)year terms. j. The MCC reserves the right to disallow VAB appointee for cause. IV. Eligibility Policies a. RCW 73.08.005 and other provisions In RCW Title 73 shall govern eligibility assistance to indigent and suffering veterans and/or families. b. The county defines"indigent and suffering"to mean the current poverty level as defined by the United States Department of Health and Human Services(HHS) found at https://ast)e.hhs.itov/poverty-guidelines c. Family members entitled to apply for assistance shall be defined as spouse or domestic partner, surviving spouse or surviving domestic partner,and dependent children of a living or deceased veteran. d. Applicants must be a resident of Mason County for at least ninety(90)days. Page 4 of 8 Adopted 08/21/2018 e. Applicant and anyone over the age of 18 in the household must present proof of residency and income.If no income,an affidavit must be signed by both the veteran and household member.(Att. B) E An applicant may use hotel/motel receipts as proof of residence,provided that: 1) All receipts show a minimum of a 90(ninety)day stay with in Mason County. 2) The 90(ninety)day stay must be continuous. 3) All receipts must be in the applicant's name. 4) All receipts must be original(no copies). g. Under the federally-established poverty guidelines,the gross income after taxes and deductions for medical insurance premium,including Medicare,of the veteran and all members of the household must be at or below 150%of the poverty guidelines established by the HHS. h. Veterans making above the 150%and who do not have an emergency financial situation will not be eligible for assistance. i. An applicant may have a source of income above the aforementioned 150%and stili be considered indigent on an emergency basis. j. Lack of funds because of bad financial management of an adequate source of income does not make the applicant indigent V. Referral to Other Services a. As per RCW 73.08.070 the county shall assist indigent veterans with burial or cremation costs of three hundred($300.00)dollars minimum or up to one thousand($1,000)dollars. b. The burial assistance is in addition to prior twelve hundred thousand($1,200.00)dollars limitation as outlined in lI-b. c. In an effort to maximize dollars and provide for as many as possible applicants,and when appropriate,the veteran may be referred by the VSO to other veteran services and to other community resources for services. VI.Appeal and Resolution Policy a. If an applicant has either by accident or on purpose falsely filed a claim,or has misused monies from the Veterans'Assistance Fund,the following will apply: 1) A letter is given to the applicant,from the County,denying further use of this fund,until the false claim is resolved. 2) A copy of that letter will be sent to the Veterans'Service Office,to be placed in the offending applicant's file. 3) The applicant's file will then be"Red Flagged",and denied further use until the problem is resolved. b. To resolve the claim,the applicant can clear their name by: 1) If applicant feels this is unjustified,they may appeal in writing to the Veterans'Advisory Board within fifteen(15)days of notification. 2) The appeal will be reviewed by the VAB at the next regular scheduled meeting and a decision will be made no later than the next regular scheduled meeting. 3) Approval or Disapproval requires a"Super Majority"vote by the entire VAB. 4) The applicant may file an appeal,in writing,with the Mason County Commissioners.A decision in regard to appeal may take up to 30 days. c. The applicant may repay any and all monies that have come into question,and may not have access to these funds for one(1)year after payment Page 5 of 8 Adopted 08/21/2018 d. If the applicant elects not to do VI.b.or VI.c-there will be a two(2)year probationary wait period. After the wait period is over,the applicant must"in writing"request to receive these funds once more,a decision will be forthcoming. e. If it is found that the applicant has done this two(2)times,they will be permanently denied from using this fund. VII.Application Procedures a. Upon arriving at the VSO office the applicant will be asked to sign-in. b. The applicant is then screened about their assistance needs,residence,income,and their eligibility,an"Assistance Fund Application(AFA)(AtL C)and a Rental/Mortgage Verification"(Att. D)form must be filled out as part of the application process. c. If the applicant does not have all needed information or documentation,they will be given a form "Veterans'Assistance Fund Documents Checklist"(Att.E)to help them gather the needed information and return form to VSO. d. If an applicant cannot show proof of service,a"Standard Form 1.80"(Att.F)will be given to them to be filled out and sent in,they can also go to the VA at American Lake to get proof of service. e. If two or more applicants are sharing the same physical residency,then all income is considered as one. E Only one application may be used for any single physical residency. g. If an applicant has a"Sub-Lease Agreement",then VII(j)will apply. h. When an applicant has requested assistance for past due rent or mortgage payment,1I.(b)(1),and has gone through the screening process.The VSO will call the landlord to inform them that the veteran has applied for assistance,and that a letter of"Recommendation for Payment"(AM G)will be forthcoming. i. The applicant will then be given a form"Rental/Mortgage Verification"(Att.D)to be given to the landlord.This form must be filled out by the landlord or lien holder,notarized and sent back or taken to the VSOs'office.The VSO will then verify all information on the form. j. Shared Dwelling: 1) In the case of a veteran sharing a dwelling with another person who is not a family member as defined in Operating Policy item IV(c),the rental amount will be prorated by the number of people living in the dwelling. 2) In the case of a veteran sharing a dwelling with another person who is not a family member as defined in Operating Policy item IV(c),the utility expenses will be prorated by the number of people living in the dwelling. 3) In the case of a veteran sharing a dwelling with another person who is not a family member as defined in Operating Policy item IV(c),the firewood/propane expenses will be prorated by the number of people living in the dwelling. k. When an applicant has requested assistance for past due utilities(electric,water or natural as)II (b)(2),and has gone through the screening process.The applicant must have a"Past Due"pink slip(s)stating that service will be discontinued. 1. Some utilities companies,i.e.Shelton Utilities,do include garbage within the water bill,in this situation where the bill is"combined",the whole bill is paid. in. The VSO will call the utilities company to verify the current amount to be paid,and Inform them that the veteran has applied for assistance and that a letter of"Recommendation for Payment" (Att.G) will be forthcoming. n. When an applicant requests assistance for firewood or propane and has gone through the screening process,the VSO will call a vendor to confirm prices and amount needed.The VSO will inform the vendor,the veteran has applied for assistance and that a letter of"Recommendation for Payment"(AMG) will be forthcoming,VII U)(3)also applies. Page 6 of 8 Adopted 08/21/2018 o. The VSO will then fill out a"Purchase Order"(AMH)to be sent with"Assistance Fund Application" (AFA)(Att.C)for approval from MCC. p. When an applicant requests Miscellaneous Items or Other Items and has gone through the screening process,the VSO will,to the best of their ability,determine the needs of the applicant. q. The VSO will fill out the"Assistance Fund Application"(AFA)(AM C),determine the amount,the vendor,and have the applicant sign the application with a full understanding of the request r. Necessity Items check(s)are issued in fifty dollar increments.The applicant will be given an Itemized list of authorized items that may be purchased.(Am A) s. After all needed information and documentation is gathered from the applicant and outside sources,the AFA is then completely filled out and the packet is complete. t It is the VSOs'responsibility to ensure all information in the packet is correct and verified. u. When the completed packet is sent on to MCC,it will have a copy of"Recommendation for Payment"as a cover sheet(AttG)or"Assistance Fund Application"(Att.Q. v. The VSO reserves the right to refuse service to disorderly or abusive individuals.Service will be refused to individuals under the influence of alcohol and/or drugs.Applicants who are disorderly or abusive to Mason County employees or volunteers will be not be provided assistance and will be asked to leave the building. VIII. Processing of Packet Procedures a. Once the packet is received at the MCC office,it is date stamped and reviewed to ensure all information is correct and all supporting documentation is there. b. Applications submitted to the MCC for processing and have been determined to meet the necessary guidelines will have checks issued within three business days. c. Applicants who pick up his/or her check(s),must have proper picture ID,and must sign for check(s).Check(s)are sent out by mail the next business day following approval. d. Necessity Item check(s)that are issued will be stamped with: "No Alcohol or Tobacco","No Cash Back". e. Some delays may result if a legal holiday falls within the time period or if there are insufficient funds to release the check. E A weekly list of"Approval of Expenditures"is sent to the VSO's office from the MCC office. g. A monthly list of"Approval of Expenditures"is sent to the MCC. IX. Records, Files, Forms and Reports a. It will be the responsibility of the VAB Chair,acting in concert with the VSO's to establish and maintain a record of each applicant requesting and/or receiving assistance from the VAR b. The VSO will provide forms and reports of attendants,decisions,and record-keeping for clientele, e.g.,forms for vendors,initial applications,and VAB decisions. c. Each October,the VAB,acting in concert with the VSOs shall produce an annual report for the MCC, containing the following information: 1) The number of requests for assistance received during the calendar year. 2) The number of requests for assistance for which assistance was given. 3) The number of requests for assistance for which assistance was not provided and a narrative description of the reasons assistance were not provided. 4) The total dollar value of assistance provided on a monthly basis. 5) A narrative description of non-monetary assistance provided by the VAB. 6) Meeting minutes as an attachment 7) A copy of appeals as an attachment Page 7 of 8 Adopted 08/21/2018 d. If any section of these policies or procedures is determined to be in conflict with federal,state.or county laws,ordinances or directives,then said section will be void and the aforementioned laws, ordinances or directives shall prevail. X.Attachments (Att.) A.VAF Necessity Itemized List B.Affidavit of Income C.Assistance Fund Application(AFA) D.Rental/Mortgage Verification E.Veteran's Assistance Documents Checklist(S&S form) F.Request Pertaining to Military Records(Standard Form 180) G.Recommendation For Payment H.Mason County Veterans Service Office-Purchase Order Page 8 of 8 Adopted 08/71/2018 RESOLUTION NO. L� VACATION FILE NO.398 NOTICE OF INTENT TO VACATE SETTING TIME AND PLACE FOR HEARING ON SAID VACATION RCW 36.87 IN THE MATTER OF THE VACATION OF THE SOUTH 40 FEET OF OLYMPIC AVENUE THAT LAYS NORTH OF BLOCK 14 LOTS 6-11 IN THE PLAT OF HOODSPORT WHEREAS, NOTICE IS HEREBY GIVEN that the Mason County Public Works Department is requesting for the vacation of the following right of way: All that portion of "Plat of Hoodsport". per Plat recorded in Volume 2. Page 6, records of Mason County, Washington, described as follows: The south 40 feet of Olympic Avenue laying adjacent and North of Lots 6— 11 of Block 14 in the Plat of Hoodsport westerly of Prospect Avenue, vacated, and easterly of Willard Avenue, vacated, as recorded on August 1, 1890 in the Mason County Auditor's Office Book of Plats, Volume 2 Page 6 WHEREAS, the Board of Mason County Commissioners did set a date for public hearing on the matter before the Hearing Examiner on the matter and directed Public Works to prepare notice thereof for posting and publication. NOW THEREFORE, BE IT RESOLVED that said hearing has been set for Wednesday, July 10, 2019 at 1:00 p.m. in the Commission Chambers, Mason County Courthouse Building I, 411 North Fifth Street, Shelton, Washington, at which time and place any taxpayer may appear to hear the County Engineer's report. and be heard either for or against the vacation of said the south 40 feet of Olympic Avenue that lays north of Block 14 Lots 6 — 11 in the plat of Hoodsport. DATED this ii�k day of jU KLI- 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: ow�/ 16 Q - — Meli6sa wry, Cler 'of the Board Kevin Shutty, hair APPROVED AS TO FORM: Sharon Trask, Vice Commissioner Tim Whit �,- h. DPA Assessor Auditor Rand Neatherlin, Nirnmissioner County Engineer Petitioner Post no later than (20 days prior to hearing at each terminus of the county road or portion thereof proposed to be vacated or abandoned.) Vacation File No. 398 � / JOURNAL—Publish 2t: &L/11 —// (Bill Public Works) RESOLUTION NO: — 19 A RESOLUTION adopting findings and determinations consistent with RCW 36.61.070 regarding the establishment of Lake Management District No. 3 for Spencer Lake, and submitting the establishment of Lake Management District No. 3 to a vote of property owners within the proposed district. WHEREAS,the Board of Mason County Commissioners adopted Resolution No. 37-19 on May 7, 2019 setting out its intention to consider formation of Lake Management District No. 3 for Spencer Lake(LMD No. 3); and WHEREAS, a public hearing was held on June 11, 2019 to consider formation of LMD No. 3 and the County Commissioners heard support from persons affected by the formation of LMD No. 3 and other comments regarding the proposed work program; and WHEREAS, a representatives from the Department of Ecology, the Department of Fish and Wildlife and Department of Natural Resources had the opportunity to make presentations and comments on the proposal. NOW,THEREFORE,THE BOARD OF MASON COUNTY COMMISSIONERS DOES RESOLVE AS FOLLOWS: Section 1. The Board of County Commissioners adopts the following findings and determinations: 1. The formation of LMD No. 3 is in the public interest as evidenced by the Integrated Aquatic Vegetation Management Plan (Exhibit A)of lake improvement and maintenance activities, which is approved as part of these findings. The proposed LMD will: a. Manage noxious aquatic plants in Spencer Lake to meet recreational and aesthetic needs. b. Employ proven techniques based on environmental safety. c. Conduct inspections to determine areas of invasive species infestation and effectiveness of treatments. d. Investigate and promote the best management practices for treatment of noxious weeds. e. Monitor for occurrence of as well as emergence of other lake plants that have been identified by the State of Washington as noxious. f. Maintain a volunteer advisory committee of lakefront owner representative to direct the efforts and funds of the LMD. 2. The financing of the lake improvement and maintenance activities is feasible.The LMD will guarantee the fees needed to continue with control measures of fragrant waterlily and other noxious aquatic plants and the costs of permits, monitoring, printing and mailing. 3. Adequate provisions have been made to protect fish and wildlife. Aquatic herbicides have been approved for use by the US Environmental Protection Agency for the use in lakes and reservoirs used for human drinking water consumption.The herbicide will not harm fish or wildlife, and by eliminating the noxious aquatic plants, the native flora and fauna should be restored. 4. LMD No. 3 will exist for a period of 10 years, beginning in 2020. 5. The estimated amount that will be raised by the LMD rates in 2020 is$13,996. The total estimated LMD rate revenue for the 10 year LMD including a maximum 5% annual increase LMD—Spencer Lake—Resolution No._ for inflation is$176,043. The annual 5% increase would only occur if approved by the LMD #3 Advisory Committee. 6. The proposed boundaries of the District are all properties with lakefront access to Spencer Lake in Mason County, Washington. 7. Annual Charge per Parcel:The formula of rates and charges that is to be used to establish the 2020 assessment for the LMD is 23 (twenty-three)cents per thousand valuation. Property owners within Lake Management District No. 3 currently enrolled in the Senior Citizen Exemption Program with the Mason County Assessor's Office will receive a reduction in their LMD rates &charges for the years in which they are entitled to the exemption with the County. In order to receive the reduction in any given year, property owners must have qualified on or before November 1 of the prior year. Section 2. The question of whether to form Lake Management District No. 3 for Spencer Lake shall be submitted to the property owners within the proposed district. The Support Services Department shall prepare the ballots for submittal to the property owners. Ballots will be received by the Office of the County Commissioners, 411 N. Fifth Street, Shelton, WA 98584 no later than 5:00 pm, July 17, 2019. Section 3. Ballots will be available for public inspection after they have been counted. Dated this 11"'day of June, 2019. BOARD OF COUNTY COMMISSIONERS MASON COW O ASHINGTON Kevin Shutty, airy ATTEST: f `� �i Sharon Trask, Com issioner Meli sa ry, Cle of the Board Ran4 Neathedin, Commissioner Approved as to form: Chief Deputy Prosecuting Attorney Timothy Whitehead J:\Lak-e Management District,Spencer Lake!LMD-Resolution to Form c&send ballot#2.doc