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HomeMy WebLinkAbout2023/03/14 - Regular �rQpv Cot f Board of Mason County Commissioners Proceedings Commission Chambers Wl 411 N 5th St, Shelton, WA 98584 March 14, 2023 1. Call to Order—The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance—John Taylor 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:notice of liquor license application for Taylor Station,LLC;and special occasion liquor license applications for the Karen Hilburn Cancer Fund,Hood Canal Salmon Enhancement Group, and the Washington Indian Gaming Association. 4.1.2 Tessa Halloran sent in an advisory board application for the Solid Waste Advisory Committee. 4.1.3 Hood Canal Communications sent in notice regarding the basic cable television rate increasing to $119.95 per month effective April 1,2023. 4.1.4 Port of Port Angeles sent in a letter regarding their Foreign-Trade Zone application. 4.1.5 City of Shelton sent in a notice of postponed action date for an annexation request to annex the Peacock Ridge area into Shelton City limits. 4.1.6 North Mason Fire sent in a letter regarding their partnership with Mason County. 4.1.7 Ken VanBuskirk sent in a letter regarding the Roy Boad Apartments. 4.2 Richard Dickinson read the 2023 Days of Caring—Free Dump Vouchers news release. 4.3 Cheryl Heywood presented the Timberland Regional Library Spring presentation. 5. Open'Forum for Citizen Input Cynthia Stang shared her concerns regarding the briefed Resolution expanding the authority of the County Administrator. The County Administrator is not an Elected Official and should not make budget decisions. 6. Adoption of Agenda Cmmr.Shutty/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr.Neatherlin/Shutty moved and seconded to adopt the February 27,2023 Briefing Minutes as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants and Treasurer Electronic Remittances Claims Clearing Fund Warrant#8094208-8094650 $2,165,810.27 Direct Deposit Fund Warrant#94410-94810 $ 938,958.33 Salary Clearing Fund Warrant#7007205-7007228 $ 640,0910.34 Treasurer Electronic Remittance $ 284,431.84 8.2 Approval of the following 2023 Mason County Heritage Grants:Mason General Hospital Foundation's Arts Commission Chapter for$5,000;McReavy House Museum of Hood Canal for$5,000;North Bay Historical Society for$5,000;Peninsular Railway and Lumbermen's Museum for$2,000;and Pickering Homemakers Club DBA Pickering Community Club for$5,000;for a total amount of$22,000. 8.3 Approval of the CHOICE Regional Health Network Youth Cannabis and Commercial Tobacco Prevention Program contract in the amount of$52,676.01. 8.4 Approval to authorize the County Engineer to submit the Highway Safety Improvement Program(HSIP) grant for safety improvements on Shelton-Matlock Road from milepost 1.76 to milepost 7.67 and approval to authorize the Chair to sign all pertinent documents for the grant. 8.5 Approval to execute the Notification of Final Cost of County Road Construction projects completed in 2022 performed by County forces in the amount of$652,594. 8.6 Approval to authorize the transfer of funds from Beginning Fund Balance in the amount of$220,000; approval of the Resolution for County Road Project No.2048 to replace the Rock Creek Bridge superstructure; approval for the County Engineer to procure the bridge structure from the apparent low bidder,TrueNorth Steel Bridge;and approval for the County Engineer and Chair to sign all pertinent documents for the project. (Exhibit A,Resolution No.2023-014) 8.7 Approval of the Resolution for the sole-source purchase from Correct Equipment of seventy-five(75) grinder pumps and conversion kits for a total of$212,877. (Exhibit B,Resolution No.2023-015) 8.8 Approval to sign the letter of support for the Port of Port Angeles' application for a Foreign-Trade Zone (FTZ)in the proposed service area of Clallam County/North Olympic Peninsula. 8.9 Approval to set a Public Hearing for Tuesday,April 25,2023 at 9:15 a.m.to consider the rezone of parcels 22129-34-90002,22129-34-90003,and 22129-34-90004 from Rural Residential 5 (RR5)to Rural Commercial 2(RC2). 8.10 Approval to appoint the following applicants to the Solid Waste Advisory Committee(SWAG):Thomas Duffield to represent District No. 1; Sharon Trask to represent Local Elected Public Official;Tessa Halloran to represent Special Group—Agriculture;and to reappoint Lynda Links to represent District No.3;Delroy Cox to represent Business;and Chad White to represent the Solid Waste Industry. 8.11 Approval of the Resolution for County Road Project No.2046 Bear Creek Dewatto Road milepost 0.43 to milepost 1.02 to realign the roadway to improve the horizontal curves with wider lanes and shoulders paved with hot mix asphalt and approval for the County Engineer and/or Chair to sign all pertinent documents. (Exhibit C,Resolution No.2023-016) 8.12 Approval of the Resolution for County Road Project No.2047 Skokomish Valley Road milepost 3.80 to milepost 4.60 to preserve and improve access to the upper Skokomish River Valley and Olympic National Forest by stabilizing,strengthening,and elevating the roadway and improving drainage and approval for the County Engineer and/or Chair to sign all pertinent documents. (Exhibit D,Resolution No.2023-017) 8.13 Approval to issue a Request for Proposals (RFP)for food concessions at Mason County Recreational Area(MCRA)for the spring and summer of 2023. 8.14 Approval of the AFSCME Memorandum of Understanding for 0.25%and closing out the "Me Too" clause of the 2020-2022 Collective Bargaining Agreement. 8.15 Approval for Lead Pay for Tom Gibbons in the Assessor's Office from March 16, 2023 through December 31, 2023. 8.16 Approval for Lead Pay for Rose Boughton in the Public Defender's Office from March 16, 2023 through December 31, 2023 Cmmr.Shutty/Neatherlin moved and seconded to approve action items 8.1 through 8.16 with a date change for item 8.9 from April 5,2023 to April 25,2023. Motion carried unanimously. N-aye; S-aye;T- aye. 9. Other Business(Department Heads and Elected Officials) Mark Neary clarified the purpose of the Resolution for expanding County Administrator authority is not 21 March 14 , 2023 Commission Minutes additional budget but to be able to sign contracts already approved in the budget. 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 Continuation of the Public Hearing on February 28,2023 to consider amending Mason County Code Title 15—Development Code to add to the Hearing Examiner's Authority and Mason County Code Title 17—Zoning Code to allow higher residential densities within the Shelton Urban Growth Area (UGA)by use of the City of Shelton's Planned Unit Development standards. Staff:Kell Rowen. (Exhibit E,Ordinance No.2023-018) Kell Rowen shared this is a code amendment to County Code Title 15 giving the Hearing Examiner authority over review of Planned Unit Developments(PUDs)and Title 17 giving the County the ability to review projects in the Shelton Urban Growth Area(UGA)that have residential development that will utilize City sewer and water using the City of Shelton standards allowing for additional density of residential within the Shelton UGA that existing zoning does not allow for. County zoning allows for about half of what this PUD would allow. Planning staff worked jointly with the City of Shelton and believes this will benefit both the County and the City in the future for annexation into city limits. Cmmr.Neatherlin felt it is inappropriate to stand in the way of this moving forward for technicality and expressed that he is not against the amendment brought forward. The County needs the ability to do this. The issue is the forced no contest to annexation which changes how easy it is to annex and it disenfranchises future voters that won't know they don't have the right to determine whether or not they will be annexed. The taxation issue occurs when you take hundreds of homes out of the equation, the remaining homes must adjust for that tax increase. The addition of the Hearings Examiner to ensure there is not an inclusion of a no contest provision in acquiring these rights to utilize the City sewer and water could easily be added. Mason County has put millions of dollars into the sewer and continues to pay into it every year. Residents should get the benefit of the sewer. The City can still annex,but residents Should get a choice. The City needs hookups and did a huge increase on rate payers. Developers pay to do all their infrastructure. This is a great benefit to our community as it is written. Cmmr. Shutty/Trask moved and seconded to approve the Ordinance amending Mason County Code Title 15—Development Code to add to the Hearing Examiner's Authority and Mason County Code Title 17—Zoning Code to allow higher residential densities within the Shelton Urban Growth Area (UGA)by use of the City of Shelton's Planned Unit Development standards. Motion carried unanimously. N-nay; S-aye; T-aye. Cmmr. Shutty appreciates the opportunity to comment and understands the opposition standpoint of Cmmr.Neatherlin. Housing is needed and that is clear in the code amendments. The County wants more housing and parity is needed between planning,codes,and development regulations. There is still a lot of decision making that must be done on the private sector side. Letters of support were received from individuals on the development side. Cities must be methodical in how they approach annexation. The City is looking at annexing 300+acres on Peacock Ridge and must think years ahead. The City is dependent on sales tax,more so than the County. Belfair generates a ton of sales tax revenue for the County. The City has its own capacity issues regarding utilities,staffing,policing,and road services. More housing is needed,it benefits the community. A strong Shelton is a strong Mason County and vice versa. This amendment moves us in a positive direction to plan for a shared future. Cmmr.Trask asked for this extension to do research and be confident in her decision. The Planning Advisory Commission(PAC)meeting was reviewed as well. The public testifying had good comments and the Commission had great questions. She is comfortable moving forward with this amendment. 3 March 14 , 2023 Commission Minutes Cmmr.Neatherlin shared that MRSC is great,but just because something is common doesn't mean it can't be changed or done differently. To protect future voters and the tax base,Cmmr.Neatherlin will be voting against the amendments. The annexation cannot be figured out later,the no contest removes that vote. Mason County can do better and protect everyone with just a single action. 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 9:58 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASIIINGTON ArXI McKenzie Sn ' h,Ct6rk of the Board Sharon Trask, Chair dy Neather ,Vice-Chair Kevin Shutty, C missioner 41 March 14 , 2023 Commission Minutes MASON COUNTY COMMISSIONERS RESOLUTION NO: 1023-Q\4 COUNTY ROAD PROJECT NO. 2048 WHEREAS,on Mason County Road No. 10000,known locally as the Cloquallum Road and more specifically located in Sec.3,T. 19N,R 04W,WM at approximately mile post 5.82; work defined as"construction'in the BARS Manual,Page II-63,et seq,is determined to be necessary and proper; and, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that it is their intention to: Replace the timber superstructure on the Rock Creek Bridge. SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington State Standard Specifications for Road and Bridge Construction as adopted by Mason County(RCW 36.77.020 and/or RCW 36.77.065 and WAC 136-18). BE IT FURTHER RESOLVED that the described County Road Project is necessary and proper, and the estimated costs of said project are herewith set out as follows: Engineering: $ -0- Right of Way $ -0- Construction $ 220,000 The County Road project herein described in HEREBY DECLARED to be a public necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed thereon as by law,provided and in accordance with RCW 36.75.050,36.80.080 and 36.80.070. ADOPTED this�day of M&a g023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Sharon ATTEST: 1�f14 Ran y NeatItErfin,Vice Chair McKenzie Sn th,C rk of the Board Kevin Shut y, ommissioner APPROVED AS TO FORM: Tim itehead,Ch. Deputy Prosecuting Attorney cc: Co.Commissioners Engineer JOURNAL: Publ. lt: RESOLUTION NO. 2023-Okb A RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENTS AND APPROVING A SOLE SOURCE PROCURMENT FOR THE PURCHASE OF E-ONE GRINDER PUMPS FOR COUNTY MAINTAINED AND OPERATED GRINDER PUMP SYSTEMS WHEREAS, Mason County is responsible for the maintenance and operation of approximately 450 grinder pump systems for single-family residential properties that have been designated as low-pressure sewer areas that connect to either the North Bay Sewer System or the Belfair Sewer System; and WHEREAS, many of the pumps used at the North Bay Sewer System have met their maximum operational lifespan and the availability of parts for these older systems are limited. WHEREAS, the County has been upgrading the older pumps to the newer E-One pump, given that they are the only pumps that fit the size of the older tanks; and WHEREAS, the County currently has a maintenance services agreement with Correct Equipment, which are the only licensed supplier of the E-One Pumps in Washington State to provide the replacement parts and pumps that meet our specifications. WHEREAS, RCW 39.04.280(1) (a) specifies exemption to competitive bidding if the purchase is clearly and legitimately limited to a single source supplier; NOW,THEREFORE, BE IT RESOLVED, by the Board of Mason County Commissioners as follows: 1. Correction Equipment is a sole source supplier of the E-one grinder pumps that are used at the North Bay Sewer and Belfair Sewer Systems. 2. That the County is authorized to purchase (75) E-One Grinder Pumps without proceeding to secure competitive bids, estimated at $212,877.00. ADOPTED this \441 day of M&&p, 2023 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Sharon Trask, Chair (Ut McKenzie Smit , Clerl f the Board AV, Randy Neatl4rlin, Vice Chair APPROVED AS TO FORM: I Kevin Shutt;, C missioner im W , h. DPA MASON COUNTY COMMISSIONERS RESOLUTION NO: 2013-O1lD COUNTY ROAD PROJECT NO. 2046 WHEREAS,on Mason County Road No.79800,known locally as the Bear Creek Dewatto Road and more specifically located in Sec.9,T.23N,R 1W,WM at approximately mile post 0.43 to mile post 1.02;work defined as"construction"in the BARS Manual,Page H-63,et seq,is determined to be necessary and proper; and, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that it is their intention to: Realign roadway to improve the horizontal curves with wider lanes and shoulders that will be paved with Hot Mix Asphalt(HMA). SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington State Standard Specifications for Road and Bridge Construction as adopted by Mason County(RCW 36.77.020 and/or RCW 36.77.065 and WAC 136-18). BE IT FURTHER RESOLVED that the described County Road Project is necessary and proper,and the estimated costs of said project are herewith set out as follows: Engineering: $ 20,000 Right of Way $ 20,000 Construction $ 640,000 The County Road project herein described in HEREBY DECLARED to be a public necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed thereon as by law,provided and in accordance with RCW 36.75.050,36.80.080 and 36.80.070. ADOPTED this AW\day of rftbK\A023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Sharon Trask,Chair ATTEST: m� �(V�na7CJ4� Randy Nea hn,Vice Chair McKenzie Sniih, k of the Board Kevin Shu ty ommissioner APPROVED AS TO FORM: im a ead,�ChDPA�� cc: Co.Commissioners Engineer JOURNAL: Publ.1t: 03/23/2023 MASON COUNTY exhmb\� COMMISSIONERS RESOLUTION NO: COUNTY ROAD PROJECT NO. 2047 WHEREAS,on Mason County Road No.41640,known locally as the Skokomish Valley Road and more specifically located in Sec. 13&182 T.21N,R 4W,WM at approximately mile post 3.80 to mile post 4.60; work defined as"construction"in the BARS Manual,Page II-63,et seq,is determined to be necessary and proper; and, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that it is their intention to: To preserve and improve access to the upper Skokomish River Valley and the Olympic National Forest via FS-23 by stabilizing,strengthening and elevating the roadway and improving drainage. SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington State Standard Specifications for Road and Bridge Construction as adopted by Mason County(RCW 36.77.020 and/or RCW 36.77.065 and WAC 136-18). BE IT FURTHER RESOLVED that the described County Road Project is necessary and proper,and the estimated costs of said project are herewith set out as follows: Engineering: $ 10,000 Right of Way $ -0- Construction $1,600,000 The County Road project herein described in HEREBY DECLARED to be a public necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report and proceed thereon as by law,provided and in accordance with RCW 36.75.050,36.80.080 and 36.80.070. ADOPTED this �4 'day of fft?iV&023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Sharon Trask,Chair ATTEST: Ran y Neat lin,Vice Chair McKenzie SmhA,C1Wk of the Board Kevin Shutty, mmissioner APPROVED AS TO FORM: Tim hi A cc: Co.Commissioners Engineer JOURNAL: Publ.It: 03/23/2023 ORDINANCE NUMBER �023-018 AMENDMENT TO MASON COUNTY CODE TITLE 15 8t TITLE 17 ORDINANCE amending sections of Mason County Code Title 15 — Development Code adding to the Hearing Examiner's authority and Title 17 — Zoning Code allowing higher residential densities within the Shelton Urban Growth Area (UGA) by use of the City of Shelton's Planned Unit Development standards when certain circumstances apply. WHEREAS, under the authority of the Washington State Growth Management Act (GMA) (RCW 36.70A) Mason County is taking legislative action to revise its development regulations; and WHEREAS, Mason County wants to encourage the development of housing units within the Shelton UGA by utilizing the City of Shelton's Planned Unit Development standards when a development has access to the City of Shelton's water and sewer services; and WHEREAS, the revision of Mason County Code Title 17 — Zoning Code necessitated minor revision to Title 15, giving the Hearing Examiner authority to review and approve Planned Unit Developments; and WHEREAS, on January 23, 2023 the Mason County Planning Advisory Commission held a public hearing to consider the amendment and passed a motion to recommend approval of said amendment by a vote of 4— 1; and WHEREAS, the Commissioners considered the proposed amendment at a duly advertised public hearing on February 28, 2023; and WHEREAS,the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments, testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to Title 15, Section 15.03.050 and Title 17, Section 17.02.022 and Section 17.07, new Section Article 9 — Planned Unit Development, complies 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 BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendments to the Mason County Code Title 15 and Title 17, as described in Attachment A. DATED this_J�&day of 2023. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Mw Sharon Trask, Chair McKenzie Sm' h, Clerk of the Board APPROVED AS TO FORM: Kevin Shutty, Co missioner Tim Whitehead, Chief DPA Ra dy Neather' , Commissioner z ATTACHMENT A Proposed PUD Text Amendments to Mason County Code 15.03.050 Hearing examiner. The hearing examiner shall review and act on the following subjects: (1) Appeals of decisions of the building official on the interpretation or application of the building code. (2) Revoking or modifying a permit or approval per Section 15.13.070. (3) Appeals of enforcement actions under the codes,ordinances and regulations listed under 15.03.005. Enforcement actions include interpretations and decisions made as part of the enforcement actions under the authority of provisions in Section 15.03.005. (4) Appeals of decisions of the fire marshal on interpretation or application of the fire code. (5) Enforcement actions as provided in Chapter 15.13. (6) Applications for preliminary and final plats. (7) Appeal of administrative decisions made by the community services department as set forth in Sections 15.09.020, 15.09.030, and 15.09.040. (8) Appeal of threshold determination under Title 8 (Environmental policy). (9) Granting of variances,except for administrative variances. (10) Other Type III permit reviews, including: large lot subdivisions involving a public hearing, Mason Conditional Environmental Permits, mobile home and recreational park permits, special use permits, reasonable use exceptions, and shoreline substantial development permits and conditional use permits. (11) Plat vacation or amendments, pursuant to Chapter 58.17 RCW, and for the purpose of removing utility and drainage easements set forth in Section 15.03.060. (12)Approval of Planned Unit Developments in the Shelton UGA as provided for in Chapter 17.07. 17.02.022-Shelton UGA. The Shelton UGA has separate development regulations under Chapter 17.07 to assure compatibility with the City of Shelton as these properties are annexed into the city. In areas of the UGA where City sewer and water services are available, residential densities may be increased through use of a Planned Unit Development (PUD). Chapter 17.07—Shelton Urban Growth Area Development Regulations Article 9—Planned Unit Development(PUD) 17.07.910 In zoning districts where residential development is permitted and in UGA areas where City of Shelton sewer and water services are available, residential densities may be increased through use of a Planned Unit Development.The County shall use the standards in City of Shelton's municipal code ATTACHMENT A Chapter 20.32 PUD—Planned Unit Development, or as amended, for project review of PUDs under this provision. Prior to submitting a land use application to the County for a PUD,the applicant shall have entered into a utility extension agreement with the City of Shelton for water and sewer service as provided for in Shelton Municipal Code Ch. 17.10. In addition to the PUD standards, the applicant will be required to comply with all requirements of the City's land use plan, zoning,fire codes and those portions of the city building code which are referenced by the fire code, and the city public works standards when developing or redeveloping the property subject to the agreement. In addition to any required notice under MCC 15.07, the County Administrator shall provide a copy of the complete application for PUD to the City of Shelton for review and comment in conjunction with review. The City shall have twenty-eight days from date of issuance to provide written comments or requests for additional information to the County; however, Mason County shall have the authority to review and approve the PUD.