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Home My WebLink About2018/11/26 - Briefing Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of November 26, 2018 Monday, November 26, 2018 Commission Chambers 9:00 A.M. Executive Session — RCW 42.30.110(1)(i) Potential Litigation 9:15 A.M. Executive Session — RCW 42.30.110(1)(i) Potential Litigation 9:30 A.M. Closed Session — RCW 42.30.140(4) Labor Discussion 10:00 A.M. Community Services- Dave Windom 10:35 A.M. Mason County Economic Development Council 10:50 A.M. Support Services- Frank Pinter 11:30 A.M. Housing & Behavioral Health Advisory Board Interviews Commissioner Discussion — as needed BREAK— NOON 2:00 P.M. Public Works — Jerry Hauth Utilities & Waste Management Commissioner Discussion — as needed Tuesday, November 27, 2018 Commission Chambers 3:00 P.M. Board of Health Meeting 6:00 P.M. Commission Meeting Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 11/21/18 at 8:40 AM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF November 26, 2018 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. We have changed the packet format so that it is an interactive document. Please click on the agenda item which then takes you to the cover sheet of that section in the document. To get back to the agenda, hit your "home" key on the keyboard. Please see draft briefing agenda for schedule. A �h 185 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen, Planning Manager DEPARTMENT: Community Services EXT: 286 BRIEFING DATE: November 26, 2018 PREVIOUS BRIEFING DATES: October 16 and November 19, 2018 ITEM: Public Benefit Rating System (PBRS). EXECUTIVE SUMMARY: The Mason County Planning Advisory Commission (PAC) voted (5-0) to recommend approval of their final version of the PBRS. The PAC considered the BOCC's remanded version (10-22-2018) and public testimony at their November 19, 2018 meeting and public hearing. Code Section Bocc PAC 17.08.020 (4)(iv) Strike Retain 17.18.020 9 Add "Shoreline Environments" definition Agree 17.18.030 A. 6 Strike Amend title: strike "Regulated", retain "Wetlands" 17.18.030 A. 9 Strike Retain 17.18.030 A. 10 Retain in High or move to Medium Retain in High 17.18.030 B. 4 Move to Low or strike Retain in Medium 17.18.030 D. Strike Agree 17.18.035 A. 3., B. 1. &C. 2. Add "including bulkheads" Agree 17.18.035 A. 6. Strike Retain w/exception: strike "Regulated"from title 17.18.035 B. 4. Move to Low or strike Retain in Medium 17.18.035 C. 1. Move to Medium. 1 or 10 acre minimum? Retain as is in Low 17.18.050 Schedule Table 0-9 is=100%; 10-19 is=50% Retain Schedule Table This briefing is to discuss the PAC's final draft prior to the scheduled BOCC public hearing on December 18, 2018. BUDGET IMPACTS: The PBRS will change the way property tax reductions are applied under the current Open Space program. RECOMMENDED OR REQUESTED ACTION: Discussion. ATTACHMENTS: BOCC's remanded version (10-22-2018) PAC final draft (11-20-2018) Briefing Summary 11/20/2018 DRAFT Chapter 17.18–Mason County Public Benefit Rating System Sections: 17.18.010—Purpose and intent. 17.18.020—Definitions. 17.18.030—Operation of the county public benefit rating system. 17.18.035—Eligibility of high,medium and low priority public benefit resources. 17.18.040—Ineligible lands. 17.18.050—Assessed valuation schedule—Public benefit rating system. 17.18.070—Basis of assessment. 17.18.080—Application to the county under the public benefit rating system. 17.18.090—Application fees. 17.18.100—Time to file. 17.18.110—Application review. 17.18.120—Board decision. 17.18.130—Unincorporated lands. 17.18.140—Incorporated lands. 17.18.150—Monitoring for compliance. 17.18.160—Removal of land classification by county assessor. 17.18.170—When removal of land is not subject to additional tax,interest,and penalties. 17.18.180—Transfer of lands between certain current use taxation classifications. 17.18.190—Owner may request withdrawal from classification. 17.18.200—Action on withdrawal from classification. 17.18.210—Owner to notify assessor of change in use in classification. 17.18.220—Sale of open space classified land. 17.18.230—Review of previously approved open space applications. 17.18.240—Duties of the Planning Commission. 17.18.250—Severability. 17.18.010-Purpose and intent. A. Purpose. It is in the best interest of the county to maintain,preserve,conserve,and otherwise continue in existence adequate open space lands for the production of food,fiber, and forest crops, and to assure the use and enjoyment of natural, historic and cultural resources and scenic beauty for the economic and social well-being of the county and its citizens. Additionally, it is in the county's interest to provide incentives that encourage the retention of open space in compliance with Growth Management Act principles. B. Intent. It is the intent of this chapter to implement Revised Code of Washington (RCW), as amended, by establishing procedures, rules, and fees for the consideration of applications made by land owners for public benefit rating system assessed valuation on"open space land" as defined in RCW 84.34.020(1) and (8). The provisions of Chapter 84.34 RCW, and the regulations adopted thereunder shall govern the matters not expressly covered in this chapter. 17.18.020-Definitions. For the purposes of this chapter,unless otherwise required by the context,words and phrases shall have the following meaning: (1) "Assessor'means the Mason County assessor or his or her designated representative. (2) "Board"means the Board of County Commissioners of Mason County. 10-22-2018 Page 1 (3) "County"means Mason County,state of Washington. (4) "Open space land"means any land area so designated by the Mason County comprehensive land use plan adopted by the County and zoned accordingly,or any land area,the preservation of which in its present use would: (i)conserve and enhance natural or scenic resources,or (ii)protect streams or water supply,or (iii)promote conservation of soils,wetlands,beaches or tidal marshes,or , (v)enhance recreation opportunities,or (vi)preserve historic sites,or (vii)preserve visual quality along highway,road,and street condors or scenic vistas,or (viii)retain in its natural state tracts of land not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification,or any land meeting the definition of farm and agricultural conservation land in RCW 8.34.020(8). (5) "Planning Commission"means the Mason County Planning Advisory Commission. (6) "Planning Department" means the Mason County Planning Department under the Community Services Division. (7) "Public Benefit"means any activity or activities that accomplish a public purpose and/or provide for a community's social,economic,and cultural well-being,public health,and safety. (8)"Rural Lands"means those areas outside of the designated Resource Lands and Urban Growth Areas. (9) "Shoreline Environments" means those designated lands as defined in the Mason County Shoreline Master Program. Ll 0-9) "Urban Areas"are those designated in Urban Growth areas around the incorporated area of Shelton and the two unincorporated areas of Allyn and Belfair. 17.18.030-Operation of the county public benefit rating system. To be eligible for open space classification under the county's public benefit rating system,property must contain six(6)or more open space resource points listed below as defined in Mason County Code(MCC) Section 17.18.035 of this Chapter. These resources are defined in this chapter and ranked as high, medium or low priority open space resources. High priority open space resources receive ten(10)points each, medium priority open space resources receive six (6) points each, and low priority open space resources receive two(2)points each.Properties can receive a maximum of thirty(30)points. Portions of property may also qualify for open space designation. A. High priority open space resources.Ten(10)points each: 1. Public recreation area, 2. Trail linkages and recreational corridors; 3. Natural shoreline environments, 4. Aquifer protection areas, 5. Special plant or ecological sites, 10-22-2018 Page 2 6. Regulated wetla„Qs: 7. Significant fish and wildlife habitat conservation areas; 8. Historic landmarks/archeological sites; Pmxate lands v0ithir;designated federal IaRGIG (QIYFAP G NAt GRE-41 Park e-F QlympiG NatiGRal 9 riaR a 10.!Farm and agricultural conservation lands. - Commented[KR1]:BOCC split Either leave in High B. Medium priority Open space resources.Six(6)points each: category or move to Medium.PAC to discuss. 1. Conservancy shoreline environments, 2. Scenic natural resources,viewpoints,and view corridors; 3. Urban open space; 4. :Rural open spac2._----------. ---- _--- -------------------------------------------------------------- Commented[KR2]:B000split Either movetoLow C. Low priority open space resources.Two(2)point each: category or remove altogether. 1. Restored lands; 2. Other shoreline environments. D. Properties with at least one(1)high priority open space resource,which allows unlimited public access,or limited public access if due to resource sensitivity, ntork ,shall be_automatically eligible for__--.-- Commented[KR3]:Staff to add indemnity language after current use value atten(10)percefmaetvalue- _ - ------ -------- --- ---- consultation with county Attorney per My comment. E. Special exceptions to this priority framework that do not violate state(RCW 84.34)law and that Commented[KR4]:strike this section altogether.See have the support of either the Washington State University Cooperative Extension Service,the 17.18.050 for properties receiving an additional 10% Washington State Department of Natural Resources, the USDA, Natural Resource reduction when access allowed. Conservation Service, Mason County Conservation District, or any other agency with knowledge or expertise regarding any open space reclassification or other current use application will be considered on a case by case basis. F. Completed restoration projects pursuant to provisions of the County's Shoreline Master Program which specifically address one of the priority actions in MCC 17.50.260(A)(8)(a.-m.) shall be automatically eligible for current use value at ten(10)percent market value. Property is eligible during the monitoring phase. 17.18.035—Eligibility of high,medium and low priority public benefit resources. A. High priority resources. 1. Public recreation area means property which is currently devoted to providing active or passive non-motorized recreation use or which complements or substitutes for government facilities.The facility must be open to the public and, if charging a use fee,that fee shall be no higher than the fee charged by a like public facility. In addition, the facility must be managed using best management practices for environmental sustainability. An eligible site is then identified by the planning department or its designee as meeting the definition of an active or passive recreation area. 2. Trail linkages and recreational corridors means privately owned trails and corridors that are publicly accessible and used for hiking, biking,walking, horseback riding,and jogging.The trails may vary in scale and surfacing and may also be used as a means of non-motorized transportation connecting one (1) destination point to another. Streets, roads, and highways with widened shoulders or bike lanes are not included in this category. Eligible lands must be 10-22-2018 Page 3 used as a public trail or corridor that remains in private ownership. Public access on the trail from a public road or public trail is required. 3. Natural shoreline environment means a marine,lake,or river shoreline and its"associated wetlands" designated as "natural" under the County's Shoreline Master Program. To qualify there must be no structures or buildings including bulkheads from the ordinary high water mark (OHWM)to the established common-line plus 50-feet.To be eligible,this area shall be covered with native vegetation. 4. Aquifer protection areas means those areas as regulated under MCC 8.52.120 (Critical Aquifer Recharge Areas), which are determined to have an important recharging effect on aquifers used as a source for potable water, recharging salmon streams and/or vulnerable to contamination from recharge. To be eligible,this area shall remain undeveloped,free from the storage of materials, including parking,etc. and must have a plant community in which native plants are dominant. At least one acre of open space shall be designated as a critical aquifer recharge area. 5. Special plant or ecological sites means sites with naturally occurring concentrations of those plants defined as being monitor species and meeting the criteria for native plant communities by the Washington State Department of Natural Resources; or an old growth forest stand at least five(5)acres in size.An eligible site must be listed in the Natural Heritage Data Base or be identified by an expert acceptable to the department confirming that qualified species are present on the property. 6. Regulated wetlands FReaRs wetlands as defiRed by MGG 9.62.110 and shall be de-liReatea-d huffe.r aveFaging,shall have at least 10 perGent gFeateF bu#eF thaR Fequiped by MCC;8.5241& 7. Significant fish and wildlife habitat conservation areas means areas identified as being of critical importance to the maintenance of fish and wildlife species including areas with which endangered, threatened, and sensitive species have a primary association, habitats and species of local importance; and streams. To be eligible, this area shall be at least 10,000 square feet in size and protecting a critical area with at least 10 percent greater buffer than required by MCC 8.52 or MCC 17.50. Buffers shall be covered with native vegetation. The Planning Department may require preparation and submittal of a biological site assessment or habitat management plan that shall provide a description of the fish and wildlife habitat conservation area, the location of the protected features, the location of buffers and a description of efforts to protect the fish and wildlife habitat conservation area,or a description of restoration efforts in those instances where the critical area has been damaged. 8. Historic landmarks/archaeological sites means lands which constitute or upon which is situated a formally designated historic landmark , including buildings, structures or sites of significance in the county's historic or prehistoric heritage, such as Native American sacred sites and settlements,trails, pioneer settlements,farmsteads, roads, industrial works, bridges, burial sites, prehistoric and historic archaeological sites and landscapes, or traditional cultural properties and landscapes. Eligible properties must be listed on the county, State or Federal register of historic places or landmarks for which there is regulatory protection. Eligible properties include contributing properties within designated historic districts. Improvements to the land are not eligible for other federal or state tax credits. Additionally, land that has been 10-22-2018 Page 4 verified through an archaeological report prepared by a qualified archaeologist that contains archaeological resources may be eligible. The county will review and make determinations on eligibility. 9. Private lands within federal lands means officially designated areas under private ownership located within federal lands that remain undeveloped and are maintained to protect the landscape of the park or forest. Eligible lands are privately owned parcels dominated by native vegetation. 10. Farm and agricultural conservation lands means either. (a) Land that was previously classified under "farm and agricultural land" (84.34.020 (2) RCW) that no longer meets the criteria for that program and is reclassified as open space land under the criteria of the public benefit rating system;or(b)Land that is traditional farmland that is not classified under chapter 84.33 or 84.34 RCW, that has not been irrevocably devoted to a use inconsistent with agricultural uses,and that has a high potential for returning to commercial agriculture. B. Medium priority resources. 1. Conservancy shoreline environment means a marine, lake or river shoreline and associated wetlands designated as "conservancy environment" under the County's shoreline master program. To qualify there must be no structures or buildings, including bulkheads from the ordinary high water mark (OHWM) to the established common-line plus 50-feet. To be eligible,this area shall be covered with native vegetation. 2. Scenic natural resources, viewpoints, and view corridors means areas of ten (10) or more acres of natural features which are visually significant to the aesthetic character of the county, contains features which otherwise qualifies as a historic landmark or archaeological site, or which includes significant wildlife gathering or nesting sites. No lands that have been subject to commercial logging or mineral extraction within twenty-five(25)years of the date of the open space classification application are eligible under the public benefit rating system. Eligible sites must be significant to the identity of the local area and be visible to a significant number of the public from public rights-of-way. Such lands must be of sufficient size to substantially preserve the scenic resource value and must be at least ten(10)acres in size. a.Viewpoint means property that provides a view of an area which is visually significant to the aesthetic character of the county and which provides unlimited public access identified by a permanent sign readily visible from a road or other public right-of-way Eligible sites must provide a view of a scenic natural resource in the county or other visually significant areas and must provide for unlimited public access. b. View corridor means an area of adjoining parcels which individually may be less than one (1) acre but which, when combined, total at least one (1) acre and create a view corridor critical to maintaining a view of a scenic resource area or other visually significant area. 3. Urban open space means land located within the boundaries of an urban growth area that has a plant community in which native plants are dominant and that under the applicable zoning is eligible for more intensive development or use. To be eligible as urban open space, the enrolling area must be at least one acre or be at least one-half acre if the area is protecting a critical area with at least 10 percent greater buffer than required by MCC 8.52 or MCC 17.50, 10-22-2018 Page 5 4. Mural open space imeans an area of five (5) or more contiguous_acres that has a_plant -_-- Commented[KR5]:�owcategoryorremove. --- --------------- community in which native plants are dominant and that is located outside of the urban growth area as identified in the Mason County Future Land Use Map,except that an eligible site may include former open farmland, woodlots, scrublands or other lands that have been replanted with native vegetation. C. Low priority resources. 1.Restored lands means an area of at least one-half acre(21,780 square feet)of previously Commented[KR6]:BOCC split.one acre minimum or 10 disturbed land that has been restored with native vegetation.To be eligible,restoration shall be acre minimum?BOCC recommends moving to Medium for determined as established and thriving native plant community. Disturbed lands include lands total of6points. previously cleared and/or lands dominated by invasive plants and/or noxious weeds.Add+tieaal 2. Other shoreline environments means a marine, lake or river shoreline and associated wetlands designated as "rural, residential or commercial environment" under the County's shoreline master program. To qualify there must be no structures or buildings, including bulkheads from the ordinary high water mark (OHWM) to the established common-line or standard buffer plus 50-feet.To be eligible,this area shall be covered with native vegetation. 17.18.040-Ineligible lands. The following properties shall not be eligible for open space classification: A. Properties less than one(1) acre or eligible areas less than one-quarter acre (10,890 square feet)in size unless otherwise specified herein. B. Properties that do not contain an open space resource identified as either high, medium,or low priority or meet the criteria under 17.18.030 E. C. Open space areas or buffers required by zoning,subdivision conditions,mitigation or other land use regulations, unless the owner provides additional public benefit as described in section 17.18.035. D. Commercial nurseries, arboretums or other maintained garden sites with native or nonnative plantings. E. Properties with outstanding code violations as tracked and reported by the county as an open enforcement case. F. Properties or portions of property that have been disturbed by clearing, grading, filling, or any other non-natural event. 17.18.050-Assessed valuation schedule--Public benefit rating system. The public benefit rating system for open space land bases the level of assessed fair market value reduction on the total number of awarded points.The market value reduction establishes the current use value. This current use value will be expressed as a percentage of market value based on the public benefit rating of the property and the valuation schedule below: ........ ........... Public Benefit Rating Points Current Use Value (0-&9ooints) 100%of assessed value - - _....... ..._......_. {&—9-pointf ass ess ed value --- Formatted Table (10-19 points) 4050%of assessed value 10-22-2018 Page 6 u ._--- (20—29 points) 30%of assessed value j . _ ._._. _._.. _ 30+points - � 20%of assessed value Properties that allow public access shall receive an additional 10 percent reduction in assessed value. Property owners that choose to allow public access on their private property shall sign an Indemnification and Hold Harmless agreement at time of application on forms provided by the County. 17.18.070-Basis of assessment. In determining the market value reduction of a tax lot comprised of property qualifying for a current use assessment as an open space priority resource with non-open space land areas,the open space current use value is applicable to only that portion of the lot containing one(1)or more of the priority open space resources defined in this chapter,except in the case of public access and parcels with an approved rural stewardship plan. For each priority resource, the county will determine the appropriate land area that receives credit for a priority resource and accompanying tax reduction. 17.18.080-Application to the county under the public benefit rating system. An owner of open space land desiring assessed valuation under the public benefit rating system shall make application to the Planning Department by filing an application with the county's Permit Assistance Center. The application shall be upon forms supplied by the county and shall include such information deemed reasonably necessary to properly classify an area of land under Chapter 84.34 RCW. 17.18.090-Application fees. A. Each application for current use open space taxation as defined in RCW 84.34.020, must include an application fee as established in the most current Mason County Planning Permit Fee Schedule. Upon adoption,application fees shall be set at five hundred(500)dollars. B. If an application is filed to add farm and agricultural conservation land,forest stewardship land, resource restoration or rural stewardship land to a parcel that is already enrolled in the Public Benefit Rating System,no fee shall be charged for the application. C. In the case of all farm and agricultural land applications, whether the application is based on land within or outside of an incorporated area,the entire fee shall be collected and retained by the county. In the case of open space or timber land applications based on land in an incorporated area,where the city legislative authority has set no filing fee,the county fee shall govern, and the entire fee shall be collected and retained by the county. Where the city legislative authority has established a filing fee,the fee established consistent with Section A of this section shall be collected by the county from the applicant and the county shall pay the city one-half of the fee collected. 17.18.100-Time to file. Applications shall be made to Mason County by March 30 of the calendar year preceding the year in which such classification is to begin.Actual tax reduction will not be recognized until one(1)year after the classification of the property has been made. 17.18.110-Application review. 10-22-2018 Page 7 A. Applications under the public benefit rating system shall be reviewed by the county and approved directly by the Board of Mason County Commissioners. By Chapter 84.34 RCW such applications are exempt from the comprehensive plan annual review amendment cycle and are SEPA exempt. B. In determining whether an application made for open space current use taxation status should be approved or disapproved, pursuant to RCW 84.34.020 and this chapter, the county shall consider whether preservation of the current use of the land, when balanced against the resulting revenue loss or tax shift from granting the application under the provisions of this chapter will: 1. Conserve or enhance natural,cultural or scenic resources; 2. Protect streams,stream corridors,wetlands,natural shorelines,and aquifers, 3. Protect soil resources and unique or critical wildlife and native plant habitat; 4. Promote conservation principles by example or by offering educational opportunities; 5. Enhance the value of abutting or neighboring parks, forests, wildlife preserves, nature reservations,or sanctuaries or other open spaces; 6. Enhance recreation opportunities; 7. Preserve historic and archeological sites;or 8. Affect any other factors relevant in weighing benefits to the general welfare or preserving the current use of the property as delineated in this chapter. 17.18.120-Board decision. The Board of County Commissioners shall consider an application to the public benefit rating system as defined by RCW 84.34.037. They shall approve the application,with or without terms and/or conditions, and set the public benefit rating for assessment abatement, or deny the application. In so doing the following provisions will apply: A. They shall rate the land applying for classification according to the public benefit rating system; B. They may approve the application with respect to only part of the land that is the subject of the application; C. If any part of the application is denied or conditions attached the applicant may withdraw the entire application. 17.18.130-Unincorporated lands. In all unincorporated areas, the Board of County Commissioners shall act as the granting authority for applications for classification as open space land. 17.18.140-Incorporated lands. Applications for open space classification of land in an incorporated area shall be acted upon by a determining authority composed of the three (3) members of the Board of County Commissioners and three(3) members of the city legislative body in which the land is located(RCW 84.34.037). Where the county legislative body concurs with a recommendation of the city council to accept or reject an application for open space classification, such council's recommendation will be adopted as the decision of the determining authority. 10-22-2018 Page 8 17.18.150-Monitoring for compliance. A. Monitoring of lands for continuing eligibility for current use assessment as open space lands shall include an affidavit, to be submitted annually by the landowner, of continuing compliance with the terms and conditions under which open space classification was granted and the current uses of the property.The requisite form and contents of the affidavit required for monitoring shall be described more fully in the county guidelines implementing this chapter. The failure of the owner to submit the affidavit of compliance shall be grounds for the county to remove and/or reevaluate the property under the PBRS. B. Where the Planning Department determines that the land is no longer being used for the purpose for which the classification was granted or there has been a change in use,it will report its findings within thirty(30)days to the county assessor. 17.18.160-Removal of land classification by county assessor. A. Classified land may be removed from the public benefit rating system classification if it is no longer used for the purpose for which classification was granted or for any other classified use within the current use program. The assessor may determine, after giving the owner written notice and an opportunity to respond, that the land classified as open space is no longer primarily devoted to and used for the purposes for which it was granted classification. B. When land is removed from classification an additional tax, applicable interest, and penalties are due unless the removal meets one(1)of the exceptions listed in this chapter. The owner may appeal the removal of classification to the Hearing Examiner consistent with MCC 15.11.020. 17.18.170-When removal of land is not subject to additional tax,interest,and penalties. Removal of land is not subject to additional tax,interest,and penalties in the following instances: A. Land is transferred to a government entity in exchange for other land located in the State of Washington; B. Land is taken by power of eminent domain or transferred in anticipation of the exercise of such power, C. Land is sold or transferred within two(2)years of the death of the owner of at least fifty-percent interest in the land; D. A natural disaster such as a flood,windstorm,earthquake,or other such calamity ratherthan by virtue of an act of the landowner which changes the use of such property; E. Official action by the state,county or city disallows the present use of such land, F. The land is transferred to a church or other non-profit organization, such that the land would qualify for a property tax exemption, G. Acquisition of property interests by agencies or organizations qualified under RCW 84.34.210 and 64.04.130 for protecting, preserving, maintaining, improving, restoring, limiting the future use of,or otherwise conserving,selected open space land as defined in Chapter 84.34 RCW for public use and enjoyment. 17.18.180-Transfer of lands between certain current use taxation classifications. Land reclassified between the following current use assessment resource categories pursuant to RCW 84.34.070 are not considered withdrawals and are not subject to the additional tax interest and penalties: 10-22-2018 Page 9 A. Reclassification between farm and agricultural lands and timber lands; B. Reclassification of farm and agricultural lands or timber lands to open space lands; C. Reclassification of farm and agricultural lands or timber lands to forest land classified under Chapter 84.33 RCW;and D. Reclassification from open space designated farm and agricultural conservation land under RCW 84.34.020(1)(c) to farm and agricultural land under RCW 84.34.020(2) if the land was previously classified as farm and agricultural land. An application fee must be paid at the time the application is submitted consistent with Section 17.18.090 of this chapter. If the type of transfer is not listed in this section, it is a new application for which the applicable fees will be applied. 17.18.190-Owner may request withdrawal from classification. A. After ten(10)years the landowner may request that all or part of his/her land be withdrawn from the classification. B. If a portion of a parcel is removed from classification the remaining portion must meet the same requirements, as did the entire parcel when the land was originally granted classification. Following withdrawal from classification,future valuation of such land as open space resource property under the public benefit rating system is contingent upon reapplication and approval under this chapter. 17.18.200-Action on withdrawal from classification. Upon receipt of a request for withdrawal, the assessor shall notify the legislative authority that originally approved the application, and after one (1) year from the date of the withdrawal request, the assessor shall withdraw the land from classification. The land which is removed shall be subject to a tax equal to the difference between the amount of tax paid under the open space classification and the tax at true and fair value for seven (7) years last past, plus the statutory interest rate charged on delinquent property taxes. 17.18.210-Owner to notify assessor of change in use in classification. If an owner changes the use of the classified land, the owner must notify the county assessor of the change within sixty(60) days. The assessor shall then impose an additional tax equal to the difference between the tax paid on current use value and the tax that would have been paid on that land had it not been so classified, payable for the seven (7) years last past, plus interest on this additional tax at the same rate as charged on delinquent property taxes, plus a penalty of twenty (20) percent of the total amount. 17.18.220-Sale of open space classified land. When classified open space land is sold,the seller or transferor becomes liable at the time of sale for the additional tax, interest, and penalty of all or a portion of classified lands, unless the new owner signs the notice of continuance which is attached to or shown on the excise tax affidavit. 17.18.230-Review of previously approved open space applications. 10-22-2018 Page 10 A. Upon adoption of a public benefit rating system,the Planning Department shall review and re- rate the existing open space land current use assessment program parcels according to the public benefit rating system in determining whether to recommend that an application be approved or denied. B. Owners of property classified under the existing open space land current use assessment program shall be notified of their new assessed value in the same manner as provided in RCW 84.40.045.These lands may be removed from classification under the existing open space land assessment program, without payment of penalties, back taxes, and interest, upon request of the owner,within thirty(30)days of notification of their newly determined value under the public benefit rating system. C. Property which does not qualify under the public benefit rating system and whose owner chooses not to remove the property from the open space land current use assessment program shall be rated according to the public benefit rating system(RCW 84.34.037[31). 17.18.240—Duties of the Planning Commission. The Planning Commission shall review participation in the public benefit rating system for open space classification under the county's current use assessment program after the first two(2)years of adoption and thereafter once every two(2)years.The planning commission shall make written recommendation to the Board of County Commissioners on the following matters: A. The fundamental elements of the public benefit rating system, including the assessed valuation schedule,open space resource definitions,and other procedures defined in this chapter,;and B. The overall administrative process, including issues such as staffing, outreach to prospective applicants,application forms, processing,monitoring,etc.;and C. The public benefit of the open space designated properties, the magnitude of the tax shift resulting from the designated properties and recommendations for expanding or restricting the program. 17.18.250-Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or its application to other persons or circumstances is not affected. 10-22-2018 Page 11 DRAFT Chapter 17.18– Mason County Public Benefit Rating System Sections: 17.18.010—Purpose and intent. 17.18.020—Definitions. 17.18.030—Operation of the county public benefit rating system. 17.18.035—Eligibility of high, medium and low priority public benefit resources. 17.18.040—Ineligible lands. 17.18.050—Assessed valuation schedule—Public benefit rating system. 17.18.070—Basis of assessment. 17.18.080—Application to the county under the public benefit rating system. 17.18.090—Application fees. 17.18.100—Time to file. 17.18.110—Application review. 17.18.120—Board decision. 17.18.130—Unincorporated lands. 17.18.140—Incorporated lands. 17.18.150—Monitoring for compliance. 17.18.160—Removal of land classification by county assessor. 17.18.170—When removal of land is not subject to additional tax, interest, and penalties. 17.18.180—Transfer of lands between certain current use taxation classifications. 17.18.190—Owner may request withdrawal from classification. 17.18.200—Action on withdrawal from classification. 17.18.210—Owner to notify assessor of change in use in classification. 17.18.220—Sale of open space classified land. 17.18.230—Review of previously approved open space applications. 17.18.240—Duties of the Planning Commission. 17.18.250—Severability. 17.18.010 - Purpose and intent. A. Purpose. It is in the best interest of the county to maintain, preserve, conserve, and otherwise continue in existence adequate open space lands for the production of food, fiber, and forest crops, and to assure the use and enjoyment of natural, historic and cultural resources and scenic beauty for the economic and social well-being of the county and its citizens. Additionally, it is in the county's interest to provide incentives that encourage the retention of open space in compliance with Growth Management Act principles. B. Intent. It is the intent of this chapter to implement Revised Code of Washington (RCW), as amended, by establishing procedures, rules, and fees for the consideration of applications made by land owners for public benefit rating system assessed valuation on "open space land" as defined in RCW 84.34.020(1) and (8). The provisions of Chapter 84.34 RCW, and the regulations adopted thereunder shall govern the matters not expressly covered in this chapter. 17.18.020 - Definitions. For the purposes of this chapter, unless otherwise required by the context, words and phrases shall have the following meaning: (1) "Assessor' means the Mason County assessor or his or her designated representative. (2) "Board" means the Board of County Commissioners of Mason County. 11-20-2018 Page 1 (3) "County" means Mason County, state of Washington. (4) "Open space land" means any land area so designated by the Mason County comprehensive land use plan adopted by the County and zoned accordingly, or any land area, the preservation of which in its present use would: (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space, or (v) enhance recreation opportunities, or (vi) preserve historic sites, or (vii) preserve visual quality along highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state tracts of land not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification, or any land meeting the definition of farm and agricultural conservation land in RCW 8.34.020(8). (5) "Planning Commission" means the Mason County Planning Advisory Commission. (6) "Planning Department" means the Mason County Planning Department under the Community Services Division. (7) "Public Benefit" means any activity or activities that accomplish a public purpose and/or provide for a community's social, economic, and cultural well-being, public health, and safety. (8) "Rural Lands" means those areas outside of the designated Resource Lands and Urban Growth Areas. (9) "Shoreline Environments" means those designated lands as defined in the Mason County Shoreline Master Program. (10S) "Urban Areas" are those designated in Urban Growth areas around the incorporated area of Shelton and the two unincorporated areas of Allyn and Belfair. 17.18.030-Operation of the county public benefit rating system. To be eligible for open space classification under the county's public benefit rating system, property must contain six (6) or more open space resource points listed below as defined in Mason County Code (MCC) Section 17.18.035 of this Chapter. These resources are defined in this chapter and ranked as high, medium or low priority open space resources. High priority open space resources receive ten (10) points each, medium priority open space resources receive six (6) points each, and low priority open space resources receive two (2) points each. Properties can receive a maximum of thirty (30) points. Portions of property may also qualify for open space designation. A. High priority open space resources. Ten (10) points each: 1. Public recreation area; 2. Trail linkages and recreational corridors; 3. Natural shoreline environments; 4. Aquifer protection areas; 5. Special plant or ecological sites, 11-20-2018 Page 2 6. Regulated Wetlands; 7. Significant fish and wildlife habitat conservation areas; 8. Historic landmarks/archeological sites; 9. Private lands within designated federal lands (Olympic National Park or Olympic National Forest; and 10. Farm and agricultural conservation lands. B. Medium priority open space resources. Six (6) points each.- 1. ach:1. Conservancy shoreline environments; 2. Scenic natural resources, viewpoints, and view corridors; 3. Urban open space; 4. Rural open space. C. Low priority open space resources. Two (2) point each: 1. Restored lands; 2. Other shoreline environments. D€. Special exceptions to this priority framework that do not violate state (RCW 84.34) law and that have the support of either the Washington State University Cooperative Extension Service, the Washington State Department of Natural Resources, the USDA, Natural Resource Conservation Service, Mason County Conservation District, or any other agency with knowledge or expertise regarding any open space reclassification or other current use application will be considered on a case by case basis. E. Completed restoration projects pursuant to provisions of the County's Shoreline Master Program, which specifically address one of the priority actions in MCC 17.50.260 (A)(8)(a.-m.) shall be automatically eligible for current use value at ten (10) percent market value. Property is eligible during the monitoring phase. 17.18.035— Eligibility of high, medium and low priority public benefit resources. A. High priority resources. 1. Public recreation area means property which is currently devoted to providing active or passive non-motorized recreation use or which complements or substitutes for government facilities. The facility must be open to the public and, if charging a use fee, that fee shall be no higher than the fee charged by a like public facility. In addition, the facility must be managed using best management practices for environmental sustainability. An eligible site is then identified by the planning department or its designee as meeting the definition of an active or passive recreation area. 2. Trail linkages and recreational corridors means privately owned trails and corridors that are publicly accessible and used for hiking, biking, walking, horseback riding, and jogging. The trails may vary in scale and surfacing and may also be used as a means of non-motorized transportation connecting one (1) destination point to another. Streets, roads, and highways with widened shoulders or bike lanes are not included in this category. Eligible lands must be 11-20-2018 Page 3 used as a public trail or corridor that remains in private ownership. Public access on the trail from a public road or public trail is required. 3. Natural shoreline environment means a marine, lake, or river shoreline and its "associated wetlands" designated as "natural" under the County's Shoreline Master Program. To qualify there must be no structures or buildings, including bulkheads from the ordinary high water mark (OHWM) to the established common-line plus 50-feet. To be eligible, this area shall be covered with native vegetation. 4. Aquifer protection areas means those areas as regulated under MCC 8.52.120 (Critical Aquifer Recharge Areas), which are determined to have an important recharging effect on aquifers used as a source for potable water, recharging salmon streams and/or vulnerable to contamination from recharge. To be eligible, this area shall remain undeveloped, free from the storage of materials, including parking, etc. and must have a plant community in which native plants are dominant. At least one acre of open space shall be designated as a critical aquifer recharge area. 5. Special plant or ecological sites means sites with naturally occurring concentrations of those plants defined as being monitor species and meeting the criteria for native plant communities by the Washington State Department of Natural Resources; or an old growth forest stand at least five (5) acres in size. An eligible site must be listed in the Natural Heritage Data Base or be identified by an expert acceptable to the department confirming that qualified species are present on the property. 6. Regulated Wetlands means wetlands as defined by MCC 8.52.110 and shall be delineated and categorized by a qualified wetland professional. To be eligible, wetland buffers, including buffer averaging, shall have at least 10 percent greater buffer than required by MCC 8.52.110. Buffers shall be covered with native vegetation. 7. Significant fish and wildlife habitat conservation areas means areas identified as being of critical importance to the maintenance of fish and wildlife species including areas with which endangered, threatened, and sensitive species have a primary association; habitats and species of local importance; and streams. To be eligible, this area shall be at least 10,000 square feet in size and protecting a critical area with at least 10 percent greater buffer than required by MCC 8.52 or MCC 17.50. Buffers shall be covered with native vegetation. The Planning Department may require preparation and submittal of a biological site assessment or habitat management plan that shall provide a description of the fish and wildlife habitat conservation area, the location of the protected features, the location of buffers and a description of efforts to protect the fish and wildlife habitat conservation area, or a description of restoration efforts in those instances where the critical area has been damaged. 8. Historic landmarks/archaeological sites means lands which constitute or upon which is situated a formally designated historic landmark , including buildings, structures or sites of significance in the county's historic or prehistoric heritage, such as Native American sacred sites and settlements, trails, pioneer settlements, farmsteads, roads, industrial works, bridges, burial sites, prehistoric and historic archaeological sites and landscapes, or traditional cultural properties and landscapes. Eligible properties must be listed on the county, State or Federal register of historic places or landmarks for which there is regulatory protection. Eligible properties include contributing properties within designated historic districts. Improvements to the land are not eligible for other federal or state tax credits. Additionally, land that has been 11-20-2018 Page 4 verified through an archaeological report prepared by a qualified archaeologist that contains archaeological resources may be eligible. The county will review and make determinations on eligibility. 9. Private lands within federal lands means officially designated areas under private ownership located within federal lands that remain undeveloped and are maintained to protect the landscape of the park or forest. Eligible lands are privately owned parcels dominated by native vegetation. 10. Farm and agricultural conservation lands means either: (a) Land that was previously classified under "farm and agricultural land" (84.34.020 (2) RCW) that no longer meets the criteria for that program and is reclassified as open space land under the criteria of the public benefit rating system; or(b) Land that is traditional farmland that is not classified under chapter 84.33 or 84.34 RCW, that has not been irrevocably devoted to a use inconsistent with agricultural uses, and that has a high potential for returning to commercial agriculture. B. Medium priority resources. 1. Conservancy shoreline environment means a marine, lake or river shoreline and associated wetlands designated as "conservancy environment" under the County's shoreline master program. To qualify there must be no structures or buildings, including bulkheads from the ordinary high water mark (OHWM) to the established common-line plus 50-feet. To be eligible, this area shall be covered with native vegetation. 2. Scenic natural resources, viewpoints, and view corridors means areas of ten (10) or more acres of natural features which are visually significant to the aesthetic character of the county, contains features which otherwise qualifies as a historic landmark or archaeological site, or which includes significant wildlife gathering or nesting sites. No lands that have been subject to commercial logging or mineral extraction within twenty-five (25) years of the date of the open space classification application are eligible under the public benefit rating system. Eligible sites must be significant to the identity of the local area and be visible to a significant number of the public from public rights-of-way. Such lands must be of sufficient size to substantially preserve the scenic resource value and must be at least ten (10) acres in size. a. Viewpoint means property that provides a view of an area which is visually significant to the aesthetic character of the county and which provides unlimited public access identified by a permanent sign readily visible from a road or other public right-of-way Eligible sites must provide a view of a scenic natural resource in the county or other visually significant areas and must provide for unlimited public access. b. View corridor means an area of adjoining parcels which individually may be less than one (1) acre but which, when combined, total at least one (1) acre and create a view corridor critical to maintaining a view of a scenic resource area or other visually significant area. 3. Urban open space means land located within the boundaries of an urban growth area that has a plant community in which native plants are dominant and that under the applicable zoning is eligible for more intensive development or use. To be eligible as urban open space, the enrolling area must be at least one acre or be at least one-half acre if the area is protecting a critical area with at least 10 percent greater buffer than required by MCC 8.52 or MCC 17.50. 11-20-2018 Page 5 4. Rural open space means an area of five (5) or more contiguous acres that has a plant community in which native plants are dominant and that is located outside of the urban growth area as identified in the Mason County Future Land Use Map, except that an eligible site may include former open farmland, woodlots, scrublands or other lands that have been replanted with native vegetation. C. Low priority resources. 1. Restored lands means an area of at least one-half acre (21,780 square feet) of previously disturbed land that has been restored with native vegetation. To be eligible, restoration shall be determined as established and thriving native plant community. Disturbed lands include lands previously cleared and/or lands dominated by invasive plants and/or noxious weeds. Additional points can be given for every one-half acre restored up to a total of five (5) acres (10 points). 2. Other shoreline environments means a marine, lake or river shoreline and associated wetlands designated as "rural, residential or commercial environment" under the County's shoreline master program. To qualify there must be no structures or buildings. including bulkheads from the ordinary high water mark (OHWM) to the established common-line or standard buffer plus 50-feet. To be eligible, this area shall be covered with native vegetation. 17.18.040- Ineligible lands. The following properties shall not be eligible for open space classification: A. Properties less than one (1) acre or eligible areas less than one-quarter acre (10,890 square feet) in size unless otherwise specified herein. B. Properties that do not contain an open space resource identified as either high, medium, or low priority or meet the criteria under 17.18.030 E. C. Open space areas or buffers required by zoning, subdivision conditions, mitigation or other land use regulations, unless the owner provides additional public benefit as described in section 17.18.035. D. Commercial nurseries, arboretums or other maintained garden sites with native or nonnative plantings. E. Properties with outstanding code violations as tracked and reported by the county as an open enforcement case. F. Properties or portions of property that have been disturbed by clearing, grading, filling, or any other non-natural event. 17.18.050-Assessed valuation schedule—Public benefit rating system. The public benefit rating system for open space land bases the level of assessed fair market value reduction on the total number of awarded points. The market value reduction establishes the current use value. This current use value will be expressed as a percentage of market value based on the public benefit rating of the property and the valuation schedule below: Public Benefit Rating Points Current Use Value (0–5 points) 100% of assessed value (6–9 points) 60% of assessed value E (10- 19 points) 40% of assessed value 11-20-2018 Page 6 (20—29 points) 30% of assessed value 30+ points 20% of assessed value Properties that allow public access shall receive an additional 10 percent reduction in assessed value. Property owners that choose to allow public access on their private property shall sign an Indemnification and Hold Harmless agreement at time of application on forms provided by the County. 17.18.070 - Basis of assessment. In determining the market value reduction of a tax lot comprised of property qualifying for a current use assessment as an open space priority resource with non-open space land areas, the open space current use value is applicable to only that portion of the lot containing one (1) or more of the priority open space resources defined in this chapter, except in the case of public access and parcels with an approved rural stewardship plan. For each priority resource, the county will determine the appropriate land area that receives credit for a priority resource and accompanying tax reduction. 17.18.080-Application to the county under the public benefit rating system. An owner of open space land desiring assessed valuation under the public benefit rating system shall make application to the Planning Department by filing an application with the county's Permit Assistance Center. The application shall be upon forms supplied by the county and shall include such information deemed reasonably necessary to properly classify an area of land under Chapter 84.34 RCW. 17.18.090 -Application fees. A. Each application for current use open space taxation as defined in RCW 84.34.020, must include an application fee as established in the most current Mason County Planning Permit Fee Schedule. Upon adoption, application fees shall be set at five hundred (500) dollars. B. If an application is filed to add farm and agricultural conservation land, forest stewardship land, resource restoration or rural stewardship land to a parcel that is already enrolled in the Public Benefit Rating System, no fee shall be charged for the application. C. In the case of all farm and agricultural land applications, whether the application is based on land within or outside of an incorporated area, the entire fee shall be collected and retained by the county. In the case of open space or timber land applications based on land in an incorporated area, where the city legislative authority has set no filing fee, the county fee shall govern, and the entire fee shall be collected and retained by the county. Where the city legislative authority has established a filing fee, the fee established consistent with Section A of this section shall be collected by the county from the applicant and the county shall pay the city one-half of the fee collected. 17.18.100 -Time to file. Applications shall be made to Mason County by March 30 of the calendar year preceding the year in which such classification is to begin. Actual tax reduction will not be recognized until one (1) year after the classification of the property has been made. 17.18.110 -Application review. 11-20-2018 Page 7 A. Applications under the public benefit rating system shall be reviewed by the county and approved directly by the Board of Mason County Commissioners. By Chapter 84.34 RCW such applications are exempt from the comprehensive plan annual review amendment cycle and are SEPA exempt. B. In determining whether an application made for open space current use taxation status should be approved or disapproved, pursuant to RCW 84.34.020 and this chapter, the county shall consider whether preservation of the current use of the land, when balanced against the resulting revenue loss or tax shift from granting the application under the provisions of this chapter will: 1. Conserve or enhance natural, cultural or scenic resources; 2. Protect streams, stream corridors, wetlands, natural shorelines, and aquifers; 3. Protect soil resources and unique or critical wildlife and native plant habitat; 4. Promote conservation principles by example or by offering educational opportunities; 5. Enhance the value of abutting or neighboring parks, forests, wildlife preserves, nature reservations, or sanctuaries or other open spaces; 6. Enhance recreation opportunities; 7. Preserve historic and archeological sites; or 8. Affect any other factors relevant in weighing benefits to the general welfare or preserving the current use of the property as delineated in this chapter. 17.18.120- Board decision. The Board of County Commissioners shall consider an application to the public benefit rating system as defined by RCW 84.34.037. They shall approve the application, with or without terms and/or conditions, and set the public benefit rating for assessment abatement, or deny the application. In so doing the following provisions will apply: A. They shall rate the land applying for classification according to the public benefit rating system; B. They may approve the application with respect to only part of the land that is the subject of the application; C. If any part of the application is denied or conditions attached the applicant may withdraw the entire application. 17.18.130- Unincorporated lands. In all unincorporated areas, the Board of County Commissioners shall act as the granting authority for applications for classification as open space land. 17.18.140 - Incorporated lands. Applications for open space classification of land in an incorporated area shall be acted upon by a determining authority composed of the three (3) members of the Board of County Commissioners and three (3) members of the city legislative body in which the land is located (RCW 84.34.037). Where the county legislative body concurs with a recommendation of the city council to accept or reject an application for open space classification, such council's recommendation will be adopted as the decision of the determining authority. 11-20-2018 Page 8 17.18.150- Monitoring for compliance. A. Monitoring of lands for continuing eligibility for current use assessment as open space lands shall include an affidavit, to be submitted annually by the landowner, of continuing compliance with the terms and conditions under which open space classification was granted and the current uses of the property. The requisite form and contents of the affidavit required for monitoring shall be described more fully in the county guidelines implementing this chapter. The failure of the owner to submit the affidavit of compliance shall be grounds for the county to remove and/or reevaluate the property under the PBRS. B. Where the Planning Department determines that the land is no longer being used for the purpose for which the classification was granted or there has been a change in use, it will report its findings within thirty (30) days to the county assessor. 17.18.160 - Removal of land classification by county assessor. A. Classified land may be removed from the public benefit rating system classification if it is no longer used for the purpose for which classification was granted or for any other classified use within the current use program. The assessor may determine, after giving the owner written notice and an opportunity to respond, that the land classified as open space is no longer primarily devoted to and used for the purposes for which it was granted classification. B. When land is removed from classification an additional tax, applicable interest, and penalties are due unless the removal meets one (1) of the exceptions listed in this chapter. The owner may appeal the removal of classification to the Hearing Examiner consistent with MCC 15.11.020. 17.18.170 -When removal of land is not subject to additional tax, interest, and penalties. Removal of land is not subject to additional tax, interest, and penalties in the following instances: A. Land is transferred to a government entity in exchange for other land located in the State of Washington; B. Land is taken by power of eminent domain or transferred in anticipation of the exercise of such power; C. Land is sold or transferred within two (2) years of the death of the owner of at least fifty-percent interest in the land; D. A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by virtue of an act of the landowner which changes the use of such property; E. Official action by the state, county or city disallows the present use of such land; F. The land is transferred to a church or other non-profit organization, such that the land would qualify for a property tax exemption; G. Acquisition of property interests by agencies or organizations qualified under RCW 84.34.210 and 64.04.130 for protecting, preserving, maintaining, improving, restoring, limiting the future use of, or otherwise conserving, selected open space land as defined in Chapter 84.34 RCW for public use and enjoyment. 17.18.180 -Transfer of lands between certain current use taxation classifications. Land reclassified between the following current use assessment resource categories pursuant to RCW 84.34.070 are not considered withdrawals and are not subject to the additional tax interest and penalties: 11-20-2018 Page 9 A. Reclassification between farm and agricultural lands and timber lands; B. Reclassification of farm and agricultural lands or timber lands to open space lands; C. Reclassification of farm and agricultural lands or timber lands to forest land classified under Chapter 84.33 RCW; and D. Reclassification from open space designated farm and agricultural conservation land under RCW 84.34.020(1)(c) to farm and agricultural land under RCW 84.34.020(2) if the land was previously classified as farm and agricultural land. An application fee must be paid at the time the application is submitted consistent with Section 17.18.090 of this chapter. If the type of transfer is not listed in this section, it is a new application for which the applicable fees will be applied. 17.18.190 -Owner may request withdrawal from classification. A. After ten (10) years the landowner may request that all or part of his/her land be withdrawn from the classification. B. If a portion of a parcel is removed from classification the remaining portion must meet the same requirements, as did the entire parcel when the land was originally granted classification. Following withdrawal from classification, future valuation of such land as open space resource property under the public benefit rating system is contingent upon reapplication and approval under this chapter. 17.18.200 -Action on withdrawal from classification. Upon receipt of a request for withdrawal, the assessor shall notify the legislative authority that originally approved the application, and after one (1) year from the date of the withdrawal request, the assessor shall withdraw the land from classification. The land which is removed shall be subject to a tax equal to the difference between the amount of tax paid under the open space classification and the tax at true and fair value for seven (7) years last past, plus the statutory interest rate charged on delinquent property taxes. 17.18.210 -Owner to notify assessor of change in use in classification. If an owner changes the use of the classified land, the owner must notify the county assessor of the change within sixty (60) days. The assessor shall then impose an additional tax equal to the difference between the tax paid on current use value and the tax that would have been paid on that land had it not been so classified, payable for the seven (7) years last past, plus interest on this additional tax at the same rate as charged on delinquent property taxes, plus a penalty of twenty (20) percent of the total amount. 17.18.220 -Sale of open space classified land. When classified open space land is sold, the seller or transferor becomes liable at the time of sale for the additional tax, interest, and penalty of all or a portion of classified lands, unless the new owner signs the notice of continuance which is attached to or shown on the excise tax affidavit. 17.18.230 - Review of previously approved open space applications. 11-20-2018 Page 10 A. Upon adoption of a public benefit rating system, the Planning Department shall review and re- rate the existing open space land current use assessment program parcels according to the public benefit rating system in determining whether to recommend that an application be approved or denied. B. Owners of property classified under the existing open space land current use assessment program shall be notified of their new assessed value in the same manner as provided in RCW 84.40.045. These lands may be removed from classification under the existing open space land assessment program, without payment of penalties, back taxes, and interest, upon request of the owner, within thirty (30) days of notification of their newly determined value under the public benefit rating system. C. Property which does not qualify under the public benefit rating system and whose owner chooses not to remove the property from the open space land current use assessment program shall be rated according to the public benefit rating system (RCW 84.34.037[31). 17.18.240— Duties of the Planning Commission. The Planning Commission shall review participation in the public benefit rating system for open space classification under the county's current use assessment program after the first two (2) years of adoption and thereafter once every two (2) years. The planning commission shall make written recommendation to the Board of County Commissioners on the following matters: A. The fundamental elements of the public benefit rating system, including the assessed valuation schedule, open space resource definitions, and other procedures defined in this chapter, ; and B. The overall administrative process, including issues such as staffing, outreach to prospective applicants, application forms, processing, monitoring, etc.; and C. The public benefit of the open space designated properties, the magnitude of the tax shift resulting from the designated properties and recommendations for expanding or restricting the program. 17.18.250 -Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or its application to other persons or circumstances is not affected. 11-20-2018 Page 11 MASON COUNTY t COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health Fall 2018 Public Benefit Rating System - Frequently Asked Questions Q. What is Open Space? Washington State Law(RCW 84.34—Open Space Taxation Act) defines "Open space land" as: (a) any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly, or (b) any land area, the preservation of which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space, or (v) enhance recreation opportunities, or (vi) preserve historic sites, or (vii) preserve visual quality along highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state tracts of land not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification, or (c) any land meeting the definition of farm and agricultural conservation land under subsection (8) of this section. Q. What is a Public Benefit Rating System? The Open Space Taxation Act, RCW 84.34, provides an incentive to private landowners to preserve important natural resources by offering direct property tax relief for retaining natural features that provide a public benefit. By applying the "public benefit rating system" as provided for in state law, local governments can quantify and demonstrate the public benefit of tax relief that is being given to private property owners. The County can clearly define program enrollment criteria to target property selection to only those attributes and public benefits most desirable for their community's needs. Under the current generic approach for Open Space enrollment in Mason County, there are nearly 300 property owners receiving the tax relief. Neither public access nor public benefit have been quantified for these properties. Q. If I get Open Space Tax Relief from the County now, will I lose it? Those property owners currently receiving tax relief will get reevaluated under the new program. The primary goal of this public benefit rating system is to enable the County to answer to tax payers questions about tax relief being given to private property owners and quantify and ensure the public benefit. The DRAFT Public Benefit Rating System is designed to quantify benefits for a wide range of open space including: 615 W. Alder♦ Shelton.WA 98584 (360) 427-97604360) 427-7798 fax w1ii .mason.co.wa.us Page 2 of 2 High priority open space resources: • Public recreation area; • Trail linkages and recreational corridors; • Natural shoreline environments; • Aquifer protection areas; • Special plant or ecological sites; • Wetlands; • Significant fish and wildlife habitat conservation areas; • Historic landmarks/archeological sites; • Private lands within designated federal lands; • Farm and agricultural conservation lands. Medium priority open space resources: • Conservancy shoreline environments; • Scenic natural resources,viewpoints, and view corridors; • Urban open space; • Rural open space. Low priority open space resources: • Restored lands; • Other shoreline environments. Q: Mason County already has a process for evaluating Open Space, so why do we need a Public Benefit Rating System (PBRS)? The current process for evaluating Open Space in Mason County consists only of determining whether a parcel of land meets the minimum qualifications of the program and if so, provides the same amount of tax relief to all qualifying parcels, regardless of the quality or quantity of benefits being provided to the public.A PBRS provides a way of extending tax relief in a way that is representative of the corresponding benefits the land provides. Q. What happens if my property in Open Space doesn't qualify under the PBRS? If previously classified open space land does not qualify for classification under the newly adopted PBRS, the land will retain its status as open space, but may not receive any tax relief. Alternatively, the owner may request to be removed from the program without payment of additional tax, interest or penalty. 615 W. Alder♦ Shelton, WA 98584 (360) 427-97604360) 427-7798 fax wvNiv.mason.co.wa.us MASON COUNTY COMMUNITY SERVICES / Building,Planning,Environmental Health,Community Health Fall 2018 Public Benefit Rating System - Frequently Asked Questions Q. What is Open Space? Washington State Law(RCW 84.34—Open Space Taxation Act) defines "Open space land" as: (a) any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly, or (b) any land area, the preservation of which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space, or (v) enhance recreation opportunities, or (vi) preserve historic sites, or (vii) preserve visual quality along highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state tracts of land not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification, or(c) any land meeting the definition of farm and agricultural conservation land under subsection (8) of this section. Q. What is a Public Benefit Rating System? The Open Space Taxation Act, RCW 84.34, provides an incentive to private landowners to preserve important natural resources by offering direct property tax relief for retaining natural features that provide a public benefit. By applying the "public benefit rating system" as provided for in state law, local governments can quantify and demonstrate the public benefit of tax relief that is being given to private property owners. The County can clearly define program enrollment criteria to target property selection to only those attributes and public benefits most desirable for their community's needs. Under the current generic approach for Open Space enrollment in Mason County, there are nearly 300 property owners receiving the tax relief. Neither public access nor public benefit have been quantified for these properties. Q. If I get Open Space Tax Relief from the County now, will I lose it? Those property owners currently receiving tax relief will get reevaluated under the new program. The primary goal of this public benefit rating system is to enable the County to answer to tax payers questions about tax relief being given to private property owners and quantify and ensure the public benefit. The DRAFT Public Benefit Rating System is designed to quantify benefits for a wide range of open space including: 615 'W'. Alder♦ Shelton. WA 98584 (360) 427-976011(360) 427-7798 fax Aivw.mason.co.wa.us Page 2 of 2 High priority open space resources: • Public recreation area; • Trail linkages and recreational corridors; • Natural shoreline environments; • Aquifer protection areas; • Special plant or ecological sites; • Wetlands; • Significant fish and wildlife habitat conservation areas; • Historic landmarks/archeological sites; • Private lands within designated federal lands; • Farm and agricultural conservation lands. Medium priority open space resources: • Conservancy shoreline environments; • Scenic natural resources,viewpoints, and view corridors; • Urban open space; • Rural open space. Low priority open space resources: • Restored lands; • Other shoreline environments. Q: Mason County already has a process for evaluating Open Space, so why do we need a Public Benefit Rating System (PBRS)? The current process for evaluating Open Space in Mason County consists only of determining whether a parcel of land meets the minimum qualifications of the program and if so, provides the same amount of tax relief to all qualifying parcels, regardless of the quality or quantity of benefits being provided to the public. A PBRS provides a way of extending tax relief in a way that is representative of the corresponding benefits the land provides. Q. What happens if my property in Open Space doesn't qualify under the PBRS? If previously classified open space land does not qualify for classification under the newly adopted PBRS, the land will retain its status as open space, but may not receive any tax relief. Alternatively, the owner may request to be removed from the program without payment of additional tax, interest or penalty. 615 W. Alder♦ Shelton. WA 98584 (360) 427-9760!(360) 427-7798 fax NATNN1a.mason.co.wa.us Mason County Support Services Department Budget Management 411 North 5t" Street Commissioner Administration Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Labor Relations Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES November 26, 2018 • Specific Items for Review o North Mason Regional Fire Authority Facility—Frank & Beau Bakken o District Court Complex- Building 11- Frank o Public Safety Testing Contract Renewal- Dawn o Liberty Mutual Hold Harmless Agreement- Dawn o Current Expense & Levy Tax Resolutions-Jennifer • Commissioner Discussion o North Mason Music at Bake Sale December 14, 2018-Cmmr. Shutty J:\DLZ\Briefing Items\2018\2018-11-26.docx l MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Human Resources EXT: 422 BRIEFING DATE: 11/26/2018 PREVIOUS BRIEFING DATES: n/a If this is a follow-up briefing, please provide only new information ITEM: Approval of a renewal subscriber agreement with Public Safety Testing for entry-level Law Enforcement Officer and Corrections Officer testing. EXECUTIVE SUMMARY: Public Safety Testing is a skilled provider of pre- employment testing services to police, fire, and other public safety agencies. Their services and testing are specifically designed for civil service laws. Public Safety Testing provides advertising and recruiting assistance, application processing, and administration of pre-employment, written examinations and physical ability tests for entry level Law Enforcement officers and Corrections Officers. Mason County's current subscriber agreement expires December 31, 2018. A multiple-year renewal would provide long-term budgeting figures. BUDGET IMPACTS: The annual rate for Law Enforcement Officer testing in 2019 is $2,160; in 2020 - $2,224; in 2021 - $2,288 and the annual rate for Corrections Officer testing in 2019 is $1,080; in 2020 - $1,112; in 2021 - $1,144. The total annual rate for 2019 is $3,240; for 2020 is $3,336; for 2021 is $3,432. RECOMMENDED OR REQUESTED ACTION: Approval to move forward the three- year subscriber agreement with Public Safety Testing for entry-level Law Enforcement and Corrections Officer testing. ATTACHMENTS: Subscriber Agreement Briefing Summary 11/19/2018 Public Saf� Testing MEMORANDUM DATE: November 19, 2018 TO: Dawn Twiddy FROM: Jon Walters SUBJECT: Agreement Renewal I want to thank you for the opportunity to be of service since 2012 to provide recruiting assistance, application processing, and written & physical ability testing for your law enforcement and corrections applicants. Your current subscriber agreement for testing expires December 31, 2018. We hope your experience with Public Safety Testing has led to the decision to renew your Agreement. I have enclosed a new Subscriber Agreement for your consideration. As you will see, our annual fees have increased. This is our first overall fee increase in nearly a decade. While we continually work to manage the expenses we can control, unfortunately those that we cannot control all have increased many times over the decade -- including but not limited to facility rental, payroll, taxes, telephone, insurance, and many others. We are always striving to improve our services for your agency. Over the past number of years, we have enhanced our aggressive marketing and outreach efforts to attract diverse and quality applicants, we have improved our website and made it easier to access and manage applicant scores/data, we have provided Personal History Statement (PHS) data, we have expanded the ability to administer the written exam for your applicants in nearly all 50 states, and have increased the number of testing opportunities and locations around the Pacific Northwest. We trust that PST delivers your agency great value for the services we provide to assist your agency with your recruiting and hiring needs and challenges. Page 2 of 2 Agreement Renewal November 19, 2018 We have structured the renewal with two options for you.- 1.) ou:1.) The first is a one-year agreement that will expire December 31 , 2019. The fee increase is ten percent (10%) over your current rate. 2.) The second is a three-year agreement that will expire December 31 , 2021. The fee increase is three percent (3%) annually. This option should provide a good planning/budgeting tool and lock your agency into the lower rates. If the agreement is acceptable, please return one fully executed version for our records. If you would like to discuss other arrangements that may work better for your organization, please do not hesitate to contact me so that we can discuss. If your decision is not to renew (which we very much hope it is not), please kindly notify us at your earliest convenience as we will need to deactivate your agency on our website and notify any candidates that have signed up to test for your agency. Thank you for your consideration. We are truly grateful for the opportunity to be of service and look forward to a continued and long-lasting relationship. Public Sd Testing SUBSCRIBER AGREEMENT WHEREAS, Public Safety Testing, Inc. is a skilled provider of pre-employment testing services to police, fire, and other public safety agencies, and WHEREAS, the subscriber public agency, either directly or through a civil service commission, tests, evaluates, ranks and hires law enforcement and/or firefighters and/or other public safety positions in the performance of its public safety functions, and WHEREAS, the subscribing public entity desires to join in a Subscriber Agreement, NOW, THEREFORE, Public Safety Testing, Inc. (the "Contractor") and Mason County, a municipal corporation of the state of Washington (hereinafter "Subscriber") do enter into this Subscriber Agreement under the terms and conditions set forth herein. SUBSCRIBER: Mason County, WA POSITIONS: Law Enforcement Officer written &physical ability testing: :Z Check all that apply g, Law Enforcement Officer(entry-level) ❑ Law Enforcement Officer(lateral/experienced) Corre tions Officer written &physical ability testing: Corrections Officer(entry-level) ❑ Corrections Officer((lateral/experienced) COMMENCEMENT DATE: January 1, 2019 TERM & PROFESSIONAL FEES (select one): One Law Enforcement Officer Corrections Officer ❑ One year subscription at Year the following rates (this 2019 $2,308 $1,152 agreement terminates December 31, 2019): or Three Law Enforcement Officer Corrections Officer Years Three year subscription at Z the following rates (this 2019 $2,160 $1,080 agreement terminates 2020 $2,224 $1,112 December 31, 2021): 2021 $2,288 $1,144 AGENCY ADD-ON COUPONS ( Agency Add-On Coupons for Mason County recruiters to offer Mason :ZCheck to request County candidates at test sites (invoiced at $10 per coupon used) OUT OF REGION TESTING ❑ SUBSCRIBER authorizes candidates who reside outside of the Z Select one Pacific Northwest to take the written examination where they reside. The physical ability test, if required, must be conducted by SUBSCRIBER (or SUBSCRIBER coordinates with candidate to be tested at a scheduled PST event), within 90 days of the written exam (180 days for FF CPAT). SUBSCRIBER does not authorize out-of-region testing. 1. Description of Basic Services. This Agreement begins on the date as noted on page one (1) of this Agreement. The Contractor will provide the following services to the Subscriber: 1.1 Advertising and recruiting assistance, application processing, and administration of pre-employment written examinations and physical ability tests for those positions noted on Page One (1) of this Agreement. 1.2 Report to the Subscriber the scores of applicants, with all information necessary for the Subscriber to place passing applicants upon its eligibility list, and rank them relative to other candidates on appropriately constituted continuous testing eligibility lists. Contractor will report "raw" test scores to the Subscriber— no preference points will be factored into applicant scores and it is the Subscriber's responsibility to factor veteran's preference points in accordance with applicable federal and state laws. Written examination scores will be reported to the Subscriber as a percentage score (based on 100%) and physical ability test scores will be reported as "Pass" or "Fail". The passing score for written examinations is set by the test developer at 70%. 1.3 Appear in any administrative or civil service proceeding in order to testify to and provide any and all necessary information to document the validity of the testing process, to participate in the defense of any testing process conducted by the Contractor pursuant to this Agreement and to otherwise provide any information necessary to the Subscriber to evaluate challenges to or appeals from the testing process. The Contractor shall appear without additional charge. The Subscriber shall pay the reasonable cost of travel and appearance for any expert witness deemed necessary by the Subscriber to validate the testing process, including but not limited to, representatives of any company which holds the copyright to any testing material and whose testimony or appearance is deemed necessary to validate the process. Provided, however, Contractor shall not be required to appear at its cost nor to defend in any administrative or court proceeding arising from or out of a claim or challenge relating to Subscriber's use of other testing process(es) or out of Subscriber's attempt to establish multiple or blended eligibility lists for the same position based in whole or in part on other testing process(es). "Other testing process(es)" means any test or testing process other than those provided by the Contractor under this Agreement. Subscriber Agreement Page 2 of 6 Public Safety Testing, Inc. Mason County, WA 2018 2018.01 Form 1.4 Term & Fees. The term of this agreement and the related professional fees are noted on page one (1) of this Agreement. 1.5 Payment. Subscriber shall pay an amount equal to twenty-five percent (25%) of the annual fee set forth above quarterly for services rendered in the previous quarter and for basic services including but not limited to, software relating to online application, advertising formats, previously advertised scheduling of test dates, model civil service rules, testing systems, as well as ongoing testing and recruitment, and any and all other work developed at the cost of the Contractor prior to or contemporaneous with the execution of this Agreement. Payment shall be made within 45 days of receipt of invoice. 1.5.1 Direct Deposit (ACH Enrollment). Subscribers are encouraged to set up direct deposit (ACH enrollment) for their payments. There will be no additional fee for payments made using direct deposit (ACH enrollment). 1.5.2 Credit Card. A three percent (3%) fee will be added at the time of payment to each payment made using a credit card. The purpose of such fee is to cover Contractor's credit card processing fees. 2. Additional Services. In addition to the services provided under this Agreement, the Subscriber may, at its sole discretion, elect to purchase additional services from the Contractor. Such services shall be requested by and contracted for pursuant to separate written agreement. 3. Acknowledgements of Subscriber. The Subscriber understands and acknowledges, and specifically consents to the following stipulations and provisions: 3.1 Because applicable civil service law prohibits having multiple eligibility lists for the same class of hire, this Agreement is an exclusive agreement for these services. 3.2 The written and physical agility scores of any applicant shall be valid for 15 months from the date of certification by the Contractor or 12 months from the date of placement upon the Subscriber's eligibility list, whichever first occurs, following the report of the Contractor, and rules compatible with continuous testing shall be adopted. The Subscriber shall review its applicable hiring processes, advertisements, personnel policies and civil service rules (as applicable) to ensure compliance with the provisions of this Agreement. 3.3 An applicant may, in addition to the Subscriber's eligibility list, elect to have his/her score reported to and subject to placement on the eligibility list of any other Subscriber. Nothing in this Agreement shall be interpreted to prohibit the use of an applicants' score for consideration in or processing through any other subscriber's hiring and/or civil service eligibility process. The Subscriber agrees that if an applicant is hired by another agency through this service, the applicant's name shall be removed from Subscriber's eligibility list. 3.4 The Subscriber specifically understands and acknowledges that the Contractor may charge a reasonable testing fee from any and all applicants. Subscriber Agreement Page 3 of 6 Public Safety Testing, Inc. Mason County, WA 2018 2018.01 Form 3.5 The Subscriber is encouraged to and may also conduct advertising as it deems necessary to support/enhance recruiting efforts. The Subscriber shall link PublicSafetyTesting.com on its agency's website, if it so maintains one. 3.6 Public Safety Testing views recruiting as a partnership with the Subscriber. The Subscriber agrees to actively participate in recruiting efforts for positions within the Subscriber agency. 3.7 The Subscriber agrees to keep the Contractor up-to-date as to the agency's hiring status, minimum and special requirements, all information appearing on the agency's PST website profile and the names of any candidates hired through these services. 3.8 Subscriber understands and acknowledges that a candidate's PST Personal History Statement (PHS) will be stored electronically by PST for 24 months from the date the candidate uploads the PHS to the PST website. Any PHS stored more than 24 months will automatically be deleted and will no longer be available to the Subscriber from the PST server. 4. Testing Standard and Warranty of Fitness for Use. All testing services conducted under this Agreement shall be undertaken in accordance with the provisions of the Washington State Civil Service Statutes, Chapter 41.08 and/or 41.12 and/or 41.14 RCW, or the terms of other applicable statute as the Subscriber shall notify the Contractor that the Subscriber must meet. Tests shall also be conducted in accordance with the general standards established by the Subscriber; the Subscriber shall be responsible for notifying the Contractor of any unusual or special process or limitation. The test utilized, the proctoring of the test and any and all other services attendant to or necessary to provide a valid passing or failing score to the Subscriber shall be conducted in accordance with generally accepted practice in the human resources, Civil Service and Public Safety Testing community. The Subscriber may monitor the actions and operations of the Contractor at any time. The Contractor shall maintain complete written records of its procedures and the Subscriber may, on reasonable request, review such records during regular business hours. Any and all written materials, and the standards for physical fitness testing utilized, shall comply with all applicable copyrights and laws. The Contractor expressly agrees and warrants that all tests and written materials utilized have been acquired by the Contractor in accordance with the appropriate copyright agreements and laws and that it has a valid right to use and administer any written materials and tests in accordance with such agreements and laws. If Subscriber uses or authorizes the use of other testing process(es) this warranty shall be null and void. 5. Independent Contractor. The Contractor is an independent contractor. Any and all agents, employees or contractors of the Contractor, shall have such relation only with the Contractor. Nothing herein shall be interpreted to create an employment, agency or contractual relationship between the Subscriber and any employee, agent or sub-contractor of the Contractor. Subscriber Agreement Page 4 of 6 Public Safety Testing, Inc. Mason County, WA 2018 2018.01 Form 6. Indemnity and Hold Harmless. The parties agree and hold harmless each other, their officers, agents and employees in accordance with the following provisions: 6.1 The Contractor shall indemnify and hold harmless the Subscriber, its employees and agents from any and all costs, claims or liability arising from: 6.1.1 Violation of any copyright agreement or statute relating to the use and administration of the tests or other written materials herein provided for; 6.1.2 Any cost, claim or liability arising from or out of the claims of an employee, agent or sub-contractor to the end that the Contractor shall be an independent Contractor and the Subscriber shall be relieved of any and all claims arising from or relating to such employment relationships or contracts between the Contractor and third parties; 6.1.3 The alleged negligent or tortious act of the Contractor in the provision of services under this Agreement. 6.1.4 This indemnity shall not apply to any administrative or court proceeding arising from or out of any process in which the Subscriber has utilized or authorized other testing process(es). 6.2 The Subscriber shall indemnify and hold harmless the Contractor, its officers, agents and employees from any and all cost, claim or liability arising from or out of the alleged negligent or tortious act of the Subscriber in the provision of services hereunder. 7. Termination. This agreement terminates as noted in the Term & Professional Fees section on Page 1 of this Agreement. The Contractor and/or the Subscriber may also withdraw from this Agreement at any time for any reason with 60 days written notice, provided, however, that the provisions of paragraphs 1.3, 4, 5 and 6 shall remain in full force and effect following the termination of this Agreement with respect to, and continuing for so long as any applicant tested by the Contractor remains on the eligibility list of the Subscriber. 7.1 If the Subscriber elects to terminate this Agreement prior to the termination date, Subscriber shall pay the Contractor an early termination fee. The purpose of this early termination fee is to cover the direct and indirect costs of refunding and or rescheduling applicants that had signed up to test for the Subscriber. The early termination fee is one-third (33%) of the annual subscriber fee as noted in the Term & Professional Fees section on Page 1 of this Agreement. The early termination fee is in addition to any other fees agreed to by this Agreement. Subscriber Agreement Page 5 of 6 Public Safety Testing,Inc. Mason County, WA 2018 2018.01 Form 8. Entire Agreement, Amendment. This is the entire Agreement between the parties. Any prior agreement, written or oral, shall be deemed merged with its provisions. This Agreement shall not be amended, except in writing, at the express written consent of the parties hereto. This Agreement is dated this day of , 2018. MASON COUNTY, WA PUBLICS FETY ES TING, INC. By: By: ovember 19 2018 Print: Print: Jon F. Walters, Jr. Its: Its: President Contact: Jon Walters Address: "T�� ` fr �t 20818 —44th Ave. W., Suite 160 City/State/Zip: "S , �'� �$S / Lynnwood, WA 98036 Telephone: 113610-41a7_ F"G70 425.776.9615 Email: Ion ,publicsafetytesting.com Subscriber's Contact& Address for Agency Recruiter: Billing: Name: (Please complete if different from contact information above) Title: Contact. Dawl /_W1ddy Email: Title: 4ayalt 12e_,xLl tre. :. V q K� ye Agency: /1��-750n COW1014 Agency Hiring Address: yl ��+ 6-6 54?4e� Representative/Supervisor: City/State/Zip: `{Ott 1� k b Y Name: Title: Telephone:,0�;—L/)7 8'VZ Z Email: Email: iaq Chief or Agency Director: Name: Title: Email: Subscriber Agreement Page 6 of 6 Public Safety Testing,Inc. Mason County, WA 2018 2018.01 Form rLl MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Support Services EXT:422 BRIEFING DATE: November 26, 2018 PREVIOUS BRIEFING DATES: ITEM: Request to place on the December 4, 2018 Action Agenda Hold Harmless and Marketing Agreement with Liberty Mutual Insurance Company to offer a voluntary discount insurance program to employees. EXECUTIVE SUMMARY: Human Resources would like to create a relationship with Liberty Mutual to offer employees a voluntary insurance discount program. Liberty Mutual is offering employees of Mason County the same contract discount rates as the WA State program. Through this voluntary program, employees will be eligible for a 12% discount on their vehicle insurance and a 5% discount on home and other insurances. The Liberty Mutual rep would meet with employees voluntarily just like AFLAC and our deferred comp representatives. RECOMMENDED OR REQUESTED ACTION: Request to place on the December 4, 2018 Action Agenda Hold Harmless and Marketing Agreement with Liberty Mutual Insurance Company to offer a voluntary discount insurance program to employees. ATTACHMENTS: Liberty Mutual Hold Harmless and Marketing Agreement k:\cmmr cover sheets\briefing cover-liberty mutual hh&marketing agreement 11202018.doc 3 HOLD HARMLESS AND MARKETING AGREEMENT The purpose of this Agreement is to confirm the relationship between_Mason County____, with its primary office located at 411 N 511' Street, Shelton, WA 98584 ("Employer"), and Liberty Mutual Insurance Company and only its subsidiaries and affiliates writing and distributing personal market insurance through licensed agents employed directly by Liberty Mutual and operating collectively as the companies of Liberty Mutual Personal Markets, having a principal place of business at 175 Berkeley Street,Boston,Massachusetts 02116. ("Liberty"). DEFINITIONS "Eligible Employees"means Employer's employees and retirees. "Insurance Products" means auto, home, and other personal insurance products offered to the Eligible Employees in connection with the Program(the Program is defined in Section 1). "Discounted Rate" means the discounted rate Liberty Mutual agrees to provide for specified Insurance Products to an Eligible Employee pursuant to this Agreement. "Participating Employee"means an Eligible Employee who purchases an Insurance Product. "Indemnified Parties"means Employer, its officers, directors, and employees. 1. PROGRAM The Program, marketed and underwritten by Liberty, is a voluntary personal insurance program through which Eligible Employees are able to purchase Insurance Products (the "Program"). The Discounted Rate under this Program shall be offered to the Eligible Employees in addition to Liberty's standard discounts; which are approved for use in the relevant jurisdiction. The Discounted Rate will be offered so long as allowed by law and as long as Liberty, in its sole discretion, deems rates adequate to support such a rate. The Program and the offering of the Insurance Products shall be subject to Liberty's underwriting standards and rates and subject to Liberty's sole discretion in making business decisions regarding states in which it offers coverage. 2. PROGRAM PARTICIPATION Election to purchase any of the Insurance Products offered through the Program will be at the option of the Eligible Employee. A Participating Employee shall have the option to select one of the following payment options: direct bill, electronic funds transfer through their checking account, or if applicable, payroll deduction. Employer will not be considered an agent of Liberty Mutual for any purpose, including the collection of premiums. Page 1 of 3 I 3. INDEMNIFICATION Liberty agrees to indemnify and hold harmless the Indemnified Parties for, from, and against, any and all liability, damage and costs (including reasonable attorney fees) arising out of any claim or action brought against the Indemnified Parties which arise as a result of acts or omissions of Liberty or their employees in the performance of this Agreement. The Indemnified Parties agree that Liberty may, at its option and expense, direct the defense, compromise, or settlement of any such claim and employ attorneys of its own selection to defend, compromise, or settle the same. In addition,Employer agrees to notify Liberty in writing within 15 days of any suit or claim made against the Indemnified Parties. This section shall survive the termination of this Agreement. 4. PRIVACY In accordance with applicable state and federal laws and regulations, including but not limited to provisions of Gramm-Leach-Bliley Title V,Liberty and Employer agree to hold in confidence any and all non-public personally identifiable information relating to the Eligible Employees which may be obtained from one another in performance of this Agreement. Liberty warrants that it is in compliance with federal and state privacy laws and agrees not to sell, release, or distribute any information relating to the Eligible Employees to any third party except for those third parties providing services integral to the performance of this Agreement. 5. TERM AND TERMINATION This Agreement, dated 2018, shall continue in perpetuity and may be terminated by either party, at any time,by providing the other party with sixty(60) calendar days advance written notice. 6. PROGRAM COMMUNICATION The promotion of the Program to the Eligible Employees will consist of a mutually agreed upon communication plan. The communication plan may include some or all of the following promotional activities: on-site sales consultation, interoffice mail and desk drops, electronic mail announcements, links or ads placed on Employer's intranet, information placed in Employer's new hire benefit package, or direct mail. Upon approval by both parties, promotional activities not listed in this section may be used in connection with the communication of this Program. Page 2 of 3 r Employer wishes to offer the Program to the Eligible Employees and the parties execute this Agreement with the authorized signatures below. Mason County Board of Commissioners LIBERTY MUTUAL INSURANCE COMPANY By: By: Name:Randy Neatherlin Name: Title:Chair Title: Date: Date: Page 3 of 3 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: November 26, 2018 PREVIOUS BRIEFING DATES: ITEM: Certify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for Current Expense and Road for 2019. An increase to the Current Expense and Road property tax levies for 2019 may be considered. EXECUTIVE SUMMARY: Pursuant to RCW 84.52.070, the Commissioners must certify to the County Assessor the amount of taxes levied for county purposes and for each taxing district by adoption of a resolution by November 30. RECOMMENDED OR REQUESTED ACTION: Request the Board approve and sign the property tax levy resolutions for Current Expense and Road at the November 27th meeting. ATTACHMENTS: Levy Resolutions — CE no levy shift.doc Levy Resolutions — Roadl%.doc J:\Budget Adoption Info\2019\Agenda Items& Resolutions\Briefing Summary 11.26.2018-Levies.doc MASON COUNTY CURRENT EXPENSE PROPERTY TAX LEVY RESOLUTION NO. WHEREAS,the Board of Mason County Commissioners has met and considered its budget for the calendar year 2019 and, WHEREAS,the Current Expense(District's)actual levy from the previous year was $9,992,030.88;and, WHEREAS,the population of Mason County is more than 10,000; and now therefore, BE IT RESOLVED by the governing body of the taxing district(Current Expense)that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2019 tax year. The dollar amount of the increase over the actual levy amount from the previous year shall be$99,920.31,which is a percentage increase of 1%from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines,any increase in the value of state assessed property,any annexations that have occurred and refunds made. The district will collect an additional $77,615.36 of revenue from new construction and$36,423.21 from refunds levied by the Treasurer. This resolution reserves unutilized levy for banked capacity. ADOPTED this day of 2018. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin,Chairperson Terri Drexler,Commissioner Kevin Shutty,Commissioner ATTEST: Melissa Drewry,Clerk of the Board APPROVED AS TO FORM: Tim Whitehead,Chief Deputy Prosecuting Attorney A RESOLUTION FIXING THE AMOUNT OF AD VALOREM TAXES FOR THE CURRENT EXPENSE LEVY FOR THE YEAR 2019 RESOLUTION NO. WHEREAS,RCW 36.40.090 states that the Board of Mason County Commissioners shall fix the amount of the tax levies to be raised for Current Expense. IT IS THEREFORE DETERMINED,that the following be fixed as the amounts to be raised by ad valorem taxes for the purpose of meeting the expenditures estimated in the 2019 Budget for Mason County Current Expense,Refund Levy,Mental Health, and Veterans' Assistance Funds: CURRENT EXPENSE FUND $ 9,872,445.54 MENTAL HEALTH FUND $ 204,911.04 VETERANS'ASSISTANCE FUND $ 92,209.97 REGULAR CURRENT EXPENSE LEVY $ 10,169,566.55 REFUND LEVY $ 36,423.21 TOTAL AMOUNT TO LEVY 2019 $ 10,205,989.76 This resolution reserves unutilized levy for banked capacity. ADOPTED this day of 2018. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin,Chairperson Terri Drexler, Commissioner Kevin Shutty,Commissioner ATTEST: Melissa Drewry,Clerk of the Board APPROVED AS TO FORM: Tim Whitehead,Chief Deputy Prosecuting Attorney MASON COUNTY 2019 ROAD PROPERTY TAX LEVY RESOLUTION NO. WHEREAS,the Board of Mason County Commissioners has met and considered its budget for the calendar year 2019 and, WHEREAS,the Road Fund(District's)actual levy from the previous year was $10,708,781.22 and, WHEREAS,the population of Mason County is more than 10,000; and now,therefore, BE IT RESOLVED by the governing body of the taxing district(Road)that an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2019 tax year. The dollar amount of the increase over the actual levy amount from the previous year shall be$86,525.63 which is a percentage increase of 1%from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, newly constructed wind turbines, solar,biomass, and geothermal facilities, and any increase in the value of state assessed property,any annexations that have occurred and refunds made. This resolution reserves unutilized levy for banked capacity. ADOPTED this day of 2018. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin,Chairperson Terri Drexler,Commissioner Kevin Shutty,Commissioner ATTEST: Clerk of the Board APPROVED AS TO FORM: Tim Whitehead,Chief Deputy Prosecuting Attorney J:\Budget Adoption Info\2019\Agenda Items&Resolutions\Resolutions\I.evy Resolutions-Roadl%.doc A RESOLUTION FIXING THE AMOUNT OF AD VALOREM TAXES FOR THE ROAD LEVY FOR THE YEAR 2019 RESOLUTION NO. WHEREAS,RCW 36.40.090 states that the Board of Mason County Commissioners shall fix the amount of the tax levies to be raised for Road Fund. IT IS THEREFORE DETERMINED,that the following be fixed as the amounts to be raised by ad valorem taxes for the purpose of meeting the expenditures estimated in the 2019 Budget for Mason County Refund Levy and Road Fund: ROAD FUND $ 8,744,439.06 DIVERSION OF ROAD LEVY $ 2,160,000.00 TOTAL ROAD LEVY $ 10,904,439.06 REFUND LEVY $ 42,750.91 TOTAL AMOUNT TO LEVY FOR 2019 $ 10,947,189.97 This resolution reserves unutilized levy for banked capacity. ADOPTED this day of 2018. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin,Chairperson Terri Drexler,Commissioner Kevin Shutty,Commissioner ATTEST: Clerk of the Board APPROVED AS TO FORM: Tim Whitehead,Chief Deputy Prosecuting Attorney J:\Budget Adoption Info\2019\Agenda Items&Resolutions\Resolutions\I,evy Resolutions-Roadl%.doc PUBLIC WORKS MONDAY NOVEMBER 26,2018— BRIEFING ITEMS FROM PUBLIC WORKS (For Commissioners Meeting December 4, 2018) Items for this meeting are due to Diane Zoren on Wednesday,November 28 2018 5.0 CORRESPONDENCE AND ORGANIZATIONAL BUSINESS • New Release: 2019 Solid Waste Rate Increases • News Release: 2019 Water and Sewer System Rate and Fee Increases for North Bay, Rustlewood and Beards Cove 8.0 APPROVAL OF ACTION ITEM • Construction Project Inspector Services for 2019 calendar year. • Salmon Recovery Funding and Skokomish Valley Projects—Letter to Governor Inslee 9.0 OTHER BUSINESS (None) 10.0 PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME (None) DISCUSSION ITEMS: Attendees: Commissioners: Public Works: Other Dept.: Press: Public: _Randy Neatherlin _Jerry Hauth List below: List below List Below: _Kevin Shutty _Bart Stepp _Terri Drexler Others-List below: N a NEWS RELEASE December 4,2018 MASON COUNTY COMMISSIONERS 411 NORTH 5H STREET SHELTON,WA 98584 (360) 427-9670 EXT. 747 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL,THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2019 Solid Waste Rate Increases Per Mason County Resolution No. 61-13, disposal rates at all Mason County Transfer and Drop Box stations will increase by 3.5%beginning January 1, 2019. As directed by Resolution No. 61-13, fees will be increased each year by the amount of the October to October Consumer Price Index (CPI U) for the Olympia Metropolitan Area. This increase is to cover the annual cost increase experienced by the County to operate and maintain the Shelton, Hoodsport, Union, and Belfair transfer and drop box station locations. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Terri Drexler Kevin Shutty Chair Vice Chair Commissioner r a 2019 RATES Based on the CPI adjustment for 2017 to 2018 of 3.5%, the disposal rates for 2019 at the Mason County Solid Waste Transfer Station is as follows: (Refuse Collection Tax is 3.6% of the untaxed rates) 2019 RATE WITHOUT TAXES Solid Waste (Per Ton) $ 99.52 / TON Minimum Fee (340 lbs) $ 16.15 1 Can/Bag (32 Gal) $ 5.39 2 Can/Bag (32 Gal) $ 10.74 3 Can/Bag (32 Gal) $ 12.38 4 Can/Bag (32 Gal) $ 13.96 Tire with Rim $ 5.39 Tire without Rim $ 3.22 Misc large bulky items $ 5.39 Appliance w/Refrigerant $ 10.74 Auto Battery $ 1.64 Recyclable Scrap Metal $ 60.26 / TON Separated, clean yard $ 72.15 /TON Trimmings Construction Debris $ 99.52 / TON 55 Gal Drum (s) $ 99.52 / TON Cubic Yard Waste $17.21 C:\Users\KELLEM—I.MAS\Appdata\Local\Temp\Xpgrpwise\Solid Waste 2019 RATES.Docx 2019 RATES Based on the CPI adjustment for 2017 to 2018 of 3.5%, the disposal rates for 2019 at the Mason County Solid Waste Facilities in Belfair, Hoodsport, and Union are as follows: (Refuse Collection Tax is 3.6% of the untaxed rates) 2019 RATE WITHOUT TAXES Solid Waste (Per Cubic Yard) $ 20.41/ CY Minimum Fee (more than six 32gal bags less than 1 cy) $ 20.41 1 Can/Bag (32 Gal) $ 5.39 2 Cans Bags (32 Gal) $ 10.74 3 Cans Bags (32 Gal) $ 12.38 4 Cans Bags (32 Gal) $ 13.96 5 Cans Bags (32 Gal) $ 16.15 6 Cans Bags (32 Gal) $ 17.76 1 55-gal drum $ 10.76 2 55-gal drums $ 14.54 3 55-gal drums $ 17.76 Misc. large bulky items $ 20.41 Appliance w/Refrigerant $ 26.93 Tire with Rim (1 only) $ 18.73 Each additional Tire with Rim $ 5.39 Tire without Rim (1 only) $ 5.39 Each additional Tire without Rim $ 3.23 Auto Battery $ 1.64 Recyclable Scrap Metal $ 5.39 /per 32 gal NEWS RELEASE December 4,2018 MASON COUNTY COMMISSIONERS 411 NORTH 5M STREET SHELTON,WA 98584 (360)427-9670 EXT. 747 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL,THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE,CITY OF SHELTON,ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2019 Water and Sewer System Rate and Fee Increases for North Bay,Rustlewood and Beards Cove Per Mason County resolution#146-08,#05-09, and#06-09,all water and sewer rates and fees at the Mason County owned and operated Rustlewood, Beards Cove, and North Bay Case Inlet water and sewer systems will increase by 3.3% for the 2019 calendar year. The increase corresponds to the April 2018 consumer price increase (CPI-U) for the Bremerton Area for the one year period ending April 2018. This increase applies to all charges associated with the referenced water and sewer utility systems, including monthly service rates, connection and permit fees and other related charges; as well as covering the annual cost increase experienced by the County for the operation and maintenance of the above referenced water and sewer utility systems. Notices will be mailed out to all Beards Cove,North Bay and Rustlewood utility users because of these rate changes. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Terri Drexler Kevin Shutty Chair Vice Chair Commissioner MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jerry W. Hauth, RE, Director/County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: November 26, 2018 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Construction Project Inspector services EXECUTIVE SUMMARY: Public Works would like authorization to use the County MRSC Roster to select and enter into an agreement for Construction Project Inspectors to support the work schedule for the 2019 construction season. Budget Impacts: The Road Fund, 105 has available capacity to cover all costs associated with this work Recommended Action: Recommend the Board of County Commissioners authorize Public Work, to utilize the County MRSC Roster to select a Construction Project Inspectors and enter into agreements. MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jerry W. Hauth, PE, Director/Loretta Swanson, Technical Services Manager DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: November 26, 2018 PREVIOUS BRIEFING DATES: August 13, 2018 ITEM: Salmon Recovery Funding and Skokomish Valley Projects — Letter to Governor Inslee EXECUTIVE SUMMARY: Governor Inslee will soon propose the 2019 — 2021 state budget. Mason County's ability to deliver several important projects within the Skokomish river basin relies on funding grant programs at certain levels. It is timely to communicate the importance of fully funding the Skokomish projects. DISCUSSION Mason County and project partner Skokomish Indian Tribe are utilizing grant funds to meet local match requirements in an agreement with the United States Army Corps of Engineers (USACE). The funds will be used to deliver a suite of projects aimed at restoring the Skokomish valley. The projects include five federal ecosystem restoration actions to be led by USACE. It also includes improvements to the Skokomish Valley Road and adjacent habitat that will reduce the occurrence of road flooding by improving the natural connection between the river and the floodplain. It is timely to communicate with the governor the importance and local need to set the Puget Sound Acquisition and Restoration (PSAR) appropriation at a level that will fully support Skokomish river basin restoration efforts. BUDGET IMPACTS: If the Legislature does not fund PSAR at approximately $63 million we will need to be prepared to make a special Skokomish appropriation request. RECOMMENDED ACTION: Recommend the Board send a letter to Governor Inslee requesting PSAR budget appropriation to support Skokomish river basin restoration efforts. Briefmg Summary