2021 APRIL 14 Public Hearing to Surplus Public Restrooms

Date Published: June 13, 2021



April 14, 2021

Call to Order: 9:00am                                                  Adjourned: 9:20 am

Roll Call:      Commissioner Booth – Commission Chair

Commissioner Kincannon – Commission 2nd Chair

Commissioner Brazil – Trustee

Staff Present:                                   K Wyatt, Executive Director

                                                            B Osborne, Port Maintenance

                                                            S Lindgren, Port Maintenance

Public:                  Heidi McCutchen – Mason County Chamber of Commerce

A Public Hearing was held to consider testimony before adopting Resolution 2021-1 to surplus the public restrooms to Purvis LLC. 

Prior to taking public testimony, the Commission chair asked the executive director to give background and summarize the events since the 2007 survey, the 2013 inception of the public restroom facility, then 2018 to the present port’s dilemma, exploratory options, budget accountability and recognition of the Purvis’ generous proposed solution.

The Port of Hoodsport’s legal counsel summarized the drafted resolution breaking down the steps to take to surplus the public restrooms.  See attached Resolution 2021-1

The commission chair opened the meeting to accept public testimony for the purpose of testimony to become public record.

H. McCutchen, director of the Mason County Chamber of Commerce gave testimony by reading a written statement. See attached letter of testimony. 

The commission chair thanked H. McCutchen for taking her time to present public testimony.  Not hearing any further public testimony, the commission chair closed the public hearing to have further discussion to adopt the resolution.

Commissioner Booth said the request within the Purvis’ proposal to have the Port of Hoodsport partner with the Purvis’ by agreement to a non-binding $835.00 per month to help with costs to accommodate the public and people drawn to Hoodsport by way of the marina and other port recreational properties and to supply one additional portable restroom is within the 2021 port budget.  With public discussion regarding the growing number of people visiting Hoodsport, impacting the local business community and the publics desire to make Hoodsport and the surrounding area a destination, I feel the Port commission fully understands the ever-increasing need for a public restroom in the Hoodsport community.  The Port commission realizes the Purvis’ generous project proposal is the solution for the desired outcome by all.  I fully support the Purvis’ project proposal.  Commissioner Kincannon, what are your thoughts.  Commissioner Kincannon said after careful consideration, multiple grant options to identify sources of funding, with very little reserves to match funds, to identify a suitable septic drain field location, the cost to install and repair another drain field, after analyzing the budget and ports reserves, the costs involved with building an additional drain field, pumping, supplying and maintaining the public restrooms is no longer monetarily feasible and not an option with the ports limited budget. The proposed solution by the Purvis’ is really the only option for Hoodsport to continue to have a public restroom.

Commissioner Booth asked Commissioner Brazil, what are your thoughts.  Commissioner Brazil said we all agree that the one thing everyone wants, and the town needs is the public restrooms.  The ports revenue and budget does not support its existence, we spent a lot of time researching the options for drain field property and the money it takes to support the required repair and ongoing costs.  The port explored options for two and a half years looking for the best solutions to rebuild a drain field and did its best to look at all feasible options.  We thank the Purvis’ for their generous project proposal to rebuild the drain field at their own cost, and to supply and maintain the public restrooms, as they really are the only solution.  I feel good about this.  Commissioner Booth said I do too and have full faith this is the solution to keep public restrooms in Hoodsport.

Commissioner Booth said I move to recognize the Purvis’ project proposal titled, “Save our Restrooms”, I move to take the necessary steps to respond to the project proposal by adopting the Resolution 2021-1 which outlines the steps the port will take to surplus the public restroom facility.  It includes a bill of sale for the public restroom facility, septic system and drain field to be surplus’d to the Purvis’ at no cost, to terminate the ground lease, terminate the easement and enter into a non-binding access and use agreement. I direct the ports executive director to provide the Purvis’ with the documents to do so and to authorize the ports executive director to sign the paperwork.

Commissioner Kincannon said I agree, I direct the ports executive director to obtain necessary signatures on the Surplus resolution, ground lease termination, recorded easement termination and to declare a surplus of the public restroom facility, septic system and drain field at no cost or consideration since there is no market for the facility and the cost of demolition is greater than the value, and to convey the public restroom facility to the Purvis’.

Commissioner Brazil said I agree to statements made by both commissioners Booth and Kincannon, I direct the ports executive director to itemize and list the property to be sold with a written certification and to adopt the surplus Resolution which itemizes the points discussed.

Commissioner Booth made a motion to adopt Resolution 2021-1, Commissioner Brazil seconded the motion, all in favor say aye, Commissioners Kincannon and Brazil were both in favor, Commissioner Booth stated the motion was carried.

Commissioner Booth moved to adjourn the public hearing meeting, Commissioner Brazil seconded the motion, Commissioner Kincannon moved to adjourn

The public hearing was adjourned at 9:20am

Commissioner Booth said we will now move into the scheduled regular port commission meeting and move back to the regular agenda.

Commissioner Booth    Commissioner Kincannon    Commissioner Brazil


Resolution 2021-01

A Resolution of the Port Commission of the Port of Hoodsport Declaring Certain Personal Property and Equipment Surplus and Authorizing the Sale and Disposal of Such Property

WHEREAS, the Port of Hoodsport owns certain personal property and equipment as part and parcel of a restroom building in the attached the attached Exhibit “A”; and

WHEREAS, the Port’s personal property is not located on real property owned by the Port and is subject to a Ground Lease Agreement and Easement Agreement with Purvis Investment Properties LLC; and

WHEREAS, said personal property is no longer needed for its intended purpose, or other purposes of the Port; and

WHEREAS, it is the Port’s intention to terminate the Ground Lease and Easement Agreement; and

WHEREAS, the Port has determined that the cost of the removal and disposal of such personal property and the repair of the leased property site to its original state far exceeds the estimated fair market value of such personal property and equipment; and

WHEREAS, the continued use and operation of the restrooms will require significant capital expenditures in repairing, modifying and/or replacing the associated drain fields with the restroom; and

WHEREAS, the cost to for the upkeep, maintenance and supplies for this personal property and equipment is prohibitive and no longer a budgetary priority for the Port’s limited funds; and

WHEREAS, the Port of Hoodsport staff have documented the costs associated with the lack of a market or interest in a used public restroom and further documented for the Board of Commissioners the costs associated with the removal and disposal of the restroom; and   

WHEREAS, the Port has determined that the restroom has no value and may be disposed of without consideration; and

WHEREAS, it is in the best interest of the Port of Hoodsport and the citizens of the District to divest itself of this personal property and equipment; and

WHEREAS, public notice was given, and a public hearing was held by the Port Commission; and

WHEREAS, the Port of Hoodsport desires to surplus said property and dispose of it pursuant to the Revised Code of Washington 53.08; and

WHEREAS, the Purvis Investment Properties LLC desires to accept the restrooms without cost or consideration, and “as- is- where- is”, and without express or implied warranty whatsoever, 

NOW, THEREFORE BE IT RESOLVED, by the Port of Hoodsport Commission as follows:

  1.  The Port of Hoodsport Commission finds and declares that the personal property and equipment described herein as surplus to the needs of the Port, no longer needed for Port purposes and it is in the best interest of the Port that they be disposed of and provided at no cost or consideration to Purvis Investment Properties LLC.
  • The Port’s Executive Director is hereby authorized to act on behalf of the Port to execute and deliver any and all necessary documents, instruments, and certificates, and take any and all action as may be necessary, appropriate, or required to carry out the terms and provisions of this resolution.

ADOPTED by the Port of Hoodsport Commission, at its meeting thereof held this __14th_ day of ___April_, 2021.



Karen Booth, Commissioner


Lori Kincannon, Commissioner


Terry Brazil, Commissioner




Ownership comprised of approximately a 400 square foot building, more or less, all improvements, structure, of a restroom facility and supplies