HomeMy WebLinkAbout2021/03/02 - Regular °- Board of Mason County Commissioners
Proceedings
Commission Chambers
411 N 5t'' St, Shelton,WA 98584
r , March 2, 2021
1. Call to Order—The Chairperson called the regular meeting to order at 9:02 a.m.
2. Pledge of Allegiance—Cmmr. Trask 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 Ken VanBuskirk sent in a letter regarding the Belfair sewer extension.
4.1.2 Washington State Liquor and Cannabis Board sent in a Marijuana License for Good Job
Farms, LLC.
4.1.3 Federal Energy Regulatory Commission sent in a letter for Supporting Technical Information
Document(STID) Update Plan and Schedule for the Cushman Project.
4.1.4 Cheryl Williams sent in a Board of Equalization Advisory Board application.
4.2 Cmmr.Trask presented a News Release for Mason County Board of Health Position Openings.
4.3 Kell Rowen presented a News Release for Planning Advisory Commission Vacancy.
5. Open Forum for Citizen Input
No citizen input.
6. Adoption of Agenda
Cmmr.Trask/Shutty moved and seconded to adopt the agenda as published. Motion
carried unanimously. N-aye; S-aye;T-aye.
7. Approval of Minutes
Cmmr.Shutty/Trask moved and seconded to adopt the February 16, 2021 Regular
Meeting Minutes and February 22, 2021 Briefing Minutes as presented. Motion carried
unanimously. N-aye; S-aye;T-aye.
8. Approval of Action Agenda
8.1 Approval to sign the five-year Interlocal Agreement between the City of Shelton, Shelton School
District, and Mason County Parks and Trails for the Skate Park to be operated and maintained
by the City of Shelton.
8.2 Approval of Warrants and Treasure Electronic Remittances
Claims Clearing Fund Warrant # 8077856-8077944 $ 830,842.38
Direct Deposit Fund Warrant # 75413-75802 $ 836,553.68
Salary Clearing Fund Warrant # 7005755-7005779 $ 596,381.32
Treasure Electronic Remittances $
8.3 Approval of the Amendment extending the end date of the Interlocal Agreement between the
Thurston-Mason Behavioral Health Organization and the Prosecuting Attorney's Office to fund
Prosecutor's services and costs related to involuntary treatment court to December 31, 2021.
8.4 Approval to renew Building Services contracts with Townzen &Associates, Inc. and CodePros,
LLC for plans examining and building inspections for 2021.
8.5 Approval of Road Vacation No. 404 vacating a portion of NE Roy Boad Road right of way that
lays within the property lines of Assessor Parcel # 12328-23-00011.
8.6 Approval for Public Works to procure a tilt bed equipment trailer from Capital Industrial off of
the Washington State Contract for$35,127.50.
8.7 Approval for the Public Works Director to procure a forester and enter into an agreement,
declare timber surplus sale notices for timber thinning and harvesting, advertise, set bid
opening dates and times, and award contracts.
8.8 Approval of the Private Line Occupancy Permit granting permission to run the utility lines under
and across NE Haven Lane and NE Rhododendron Boulevard for address 11 NE Haven Lane,
parcel # 22330-50-00080.
Cmmr. Shutty/Trask moved and seconded to approve action items 8.1 through 8.8 with
the exception of item B.S. Motion carried unanimously. N-aye; S-aye;T-aye.
Item 8.3
Cmmr. Shutty commented this item extends the relationship with Thurston-Mason Behavioral Health
Administrative Service Organization to fund involuntary treatments within the County and approves
the Prosecuting Attorney contract. Contracts have also been approved for Public Defense and the
Courts.
Item 8.5
Ken VanBuskirk asked if the applicant was notified of the hearing today and for item 8.5 to be pulled.
Joe Frawley, the representative, was notified and present on the Zoom meeting.
Loretta Swanson shared this proposal is to vacate a right-of-way(ROW) originally established in 1888
and effectively abandoned with the construction of State Route 3 (SR3). Properties to the north of
this proposed vacation area are currently served by an easement through this property. This vacation
is in accordance with RCW 36.87 and Mason County Code 12.20. Petition was deemed sufficient and
application fees paid. The application was originally made in August 2019 and briefed before
Commissioners in August 2020 where Resolution 2020-61 was passed. A Hearing was held October
14, 2020 and recommendation from the Hearings Examiner was issued November 23, 2020. Per RCW
36.87.050, proper notice was given as well as direct mail to 40 properties adjacent or near the vicinity
of the proposed vacation. Commissioners previously asked what the utility use of the abandoned
ROW to connect to SR3 is and the cost to replace the ROW if it were to be vacated would be?
Mike Collins presented information about a potential single lane offshoot from SR3. There are three
potential options: (1) would connect to existing gravel road, (2)would come off of the PCI property
and cross Eger into Johnson, and (3) would connect directly to Roy Boad Rd. Overall cost for actual
construction is in the millions. Permits from Washington State Department of Transportation
(WSDOT) could be a concern and the Department of Transportation (WSDOT) does not have potential
plans for an offramp here due to the main focus being the freight corridor.
Ken VanBuskirk asked how much beyond PCI's property has already been vacated, if there are any
structures involved, and if the applicants can continue their project if the road is not vacated. Mike
responded Burnish and Chung are not vacated and a 500'strip on Quincy has been vacated but not
needed, one home constructed in the middle of the original path, and anything can be built for the
right amount of money.
Richard Eger asked if the gravel road around the ROW, a sharp 90-degree turn,was considered. Mike
answered an additional easement of 900'to 1,400'would be needed for a smoother transition.
Cmmr. Neatherlin asked if research has been done to check if there are other easements or accesses
to the Chung, Fisher, and Furnish properties. Mike shared that a gravel road passes through providing
additional access.
Drew Davies asked for the actual construction cost difference between using the gravel road and using
Roy Boad Road, the traffic impact, and how properties along a one-way high-speed exit would be
accessed. Mike estimates a $5-10 million-dollar project either way, longer construction, and
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purchasing additional ROW; traffic has not been analyzed; and at the lower end, it would be a two-
lane road.
David Overton asked where to find this project in the County's road plan, the construction timeline,
and what the sight distance is for driveways. David did a transportation study with WSDOT and this
project was not anticipated. He also asked what the distances are between the entrance and if it will
impact his project. Mike answered this is in the concept stage and not on transportation plans or 6-
Year TIP. The existing driveways could be joined with the offramp and DOT would have distance
requirements.
Cmmr. Neatherlin referred to a map showing an end point, however another 400'would need vacated
and the document provided to the Hearings Examiner said the ROW north had already been vacated.
Mike previously showed alignment of the ROW going past the railroad grade and the document was
meant to say the ROW immediately to the north had been vacated however, Chung, Furnish, and
Fisher has not been vacated. Chung and Furnish's deeds show access for residents north of them.
Eli Furnish asked if the water flow and drainpipe running under HWY3 by McDonald's was studied.
Roy Boad Road and Clifton Lane cannot handle more traffic, especially during peak times.
Testimonies
Ken VanBuskirk heard Cmmr. Neatherlin mention the applicant could still build if the road is not
vacated and asked if the applicant submitted a conceptual site plan for that. When the 100-apartment
application was first announced in 2018 he testified against the rezone. He then testified against
removing the 10-year logging moratorium which technically did not expire until 2024, the vacation to
protect the Irene Pond mitigation and seasonal and perennial stream flow, and did not challenge the
Hearings Examiner's decision.
Richard Eger shared concerns about vacating public property for private interest and profit and used
Paine Field and the roundabout as examples for why the future should be taken into consideration.
David Overton encouraged the Commissioners to revisit the section regarding placeholder for future
connectivity evaluation in the Belfair mobility plan which studied and recommended Newkirk and Roy
Boad Road as a future connection and extension of Log Yard Road to Old Belfair Highway. The ROW
has no value if WSDOT has not given a positive indication that they would allow a connection, the only
value is connecting into the state facility. His greatest concern is the County standing in the way of a
project the community needs.
Drew Davies shared concerns about a busy road through residential properties. The apartments
would be a big financial help towards the sewer system. A connector 100 yards from the existing
highway will not improve traffic, however a project that creates jobs and housing is desperately
needed.
Eli Furnish mentioned to build the off ramp, a large part of his property would be used which is
detrimental to wildlife. Traffic congestion would be an issue, it is difficult and dangerous as it is.
Butch Boad believes the amount of County road impacted by an offramp is an important feature not
talked about. The County needs to study current traffic and potential growth. Giving up this ROW
would be very shortsighted.
Joe Frawley reiterated the benefits the apartments would bring to Belfair—jobs and added funding for
the sewer. This will not change the neighbors'access, they are committed to working with them and
the County, but rather maintain and improve the existing access.
Judy Scott asked the Commission to vote against this vacation.
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Commissioner Discussion
Cmmr. Neatherlin shared the map used for the Hearing and pointed to a part of the road not shown.
The ROW north was said to be vacated, however it is not. At minimum,this information should be
sent back to the Hearings Examiner to make a proper decision. This should have gone through the
Transportation Improvement Program Citizens Advisory Panel (TIPCAP). The road has been
considered in plans at different times. At this time,the priority is widening the road and putting in a
bypass. The property was purchased 18 months before the vacation was requested.
Cmmr. Shutty stated there is no willing partner in DOT. DOT testified against this because they have
no plans for a connection with SR3. Why has this not been included in planning documents,the one-
year or six-year TIP plan, SR3 widening projects, or the connecting Washington transportation
package in 2015? It is concerning to have this now surface to the extreme detriment of a need for
housing, opportunity and jobs. This alignment originated in 1888 and has not been used as a road in
decades, on any planning document he has seen, or in the 2018 mobility plan. The Examiner's report
found this vacation increases the utility of the property meaning increasing usefulness and creating
public benefit via utility connection, housing,jobs, fire, school, and water districts, and sewer system.
The 2018 mobility plan"concluded a connection to SR3 is not recommended due to significant cuts
and fills to alleviate very steep slopes that abut SR3". TIPCAP has never reviewed a road vacation.
Cmmr.Trask shared that she walked the property with engineers to discuss alternate routes, went
over documents, studied maps, and spoke with the County attorney to make sure we are litigation-
proof. She also checked with the Public Works Board with the Department of Commerce to clarify this
was not a conflict of interest for Cmmr. Neatherlin since he owns property on Roy Boad Road. The
2018 mobility plan did not say Roy Boad Road was significant or a possible connector also due to
wetlands,fish bearing streams, steep slopes, unstable soils, and existing building patterns. Newkirk
Road was the only road recommended as a connector. Affordable housing is needed and she supports
this vacation.
Cmmr.Trask/Shutty moved and seconded approval of Road Vacation No.404 vacating a
portion of NE Roy Boad Road right of way that lays within the property lines of Assessor
Parcel # 12328-23-00011 also to continue allowing access to those beyond it to not be
landlocked. Motion carried. N-nay;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 OPRA
meeting restrictions are in place.
10.1 Public Hearing to consider the franchise agreement between Mason County and the City of
Shelton to construct, operate, and maintain their water system on county roads within the City
of Shelton city limits and the Urban Growth Area. Staff: Mike Collins
Mike Collins shared this franchise renewal application is from the City of Shelton and includes a
provision for automatic renewal of up to three 10-year terms, language was cleaned up, and is
asking the Board to approve this franchise agreement.
Cmmr. Shutty/Trask moved and seconded to approve and execute franchise
agreement between Mason County and the City of Shelton to construct,operate,
and maintain their water system on county roads within the City of Shelton city
limits and the Urban Growth Area. Motion carried unanimously. N-aye; S-aye;T-
aye.
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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 10:37 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
McKenzie SniAh, Clerk of the Board Ra dy Neatherli , Chair
Kevin S utty Commissioner
Sharon Tras , Commissioner
5 I M a r c h 2 , 2 0 2 1 Commissionn�Minutes