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HomeMy WebLinkAbout2019/05/28 - Regular Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers — 6:00 p.m. 411 North Fifth Street, Shelton WA 98584 May 28, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 5. Open Forum for Citizen Input (3 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 6:15 p.m. 7. Approval of Minutes — May 13, and May 20, 2019 Briefing Minutes 8. Approval of Action Agenda: All items listed under the Action Agenda may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval to call for Request for Proposals (RFP) for 2020 Visitor Information Center (VIC) Services up to $143,000, as recommended by LTAC. 8.2 Approval to revise resolution 81-14, designating G. Ross McDowell and Frank Pinter as Applicant Agents and Jennifer Beierle and Merrilee Kenyon as Alternate Agents in order to obtain federal and/or state emergency or major disaster assistance funds on behalf of Mason County. 8.3 Approval to seta public hearing on Tuesday, June 18, 2019 at 9:15 a.m. to consider amending County Code Chapter 4.08 — Animal Code. 8.4 Approval of Public Assistance Grant #D19-134 for the Presidential Disaster Declaration 4418-DR-WA for the winter storm and wind December 10-24, 2018. 8.5 Approval to appoint Loretta Swanson as the Public Works Director effective May 29, 2019. 8.6 Approval to amend Resolution 25-19 to revise the Non-Represented Salary Scale Range Alignment by removing Job Class 4006, Interim Deputy Director of Public Works, effective May 28, 2019. 8.7 Approval to appoint William Kendrick to the Mason County Civil Service Commission to fill the remainder of a six-year term that ends December 31, 2022. Last printed 5/23/2019 11:16:00 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 COMMISSIONERS' MEETING AGENDA May 28, 2019— PAGE 2 8.8 Approval of Amendment #8 for Consolidated Contract #CLH18253 Mason County Public Health and the Washington State Department of Health. 8.9 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8064387-8064387 $ 1890.00 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ 8.10 Approval to enter into an agreement with the Shelton Farmers Market for use of the parking lot at building 10 (414 W. Franklin Street) to accommodate vendors, participants and spectators for the Shelton Farmers Market on June 1 and June 15, 2019. Shelton Farmers Market will pay $25 to use the lot. 8.11 Approval to set a public hearing on Tuesday, June 18, 2019 at 9:15 a.m. to consider code amendments to Title 14, Chapter 14.22 Flood Damage Prevention and Title 8, Chapter 8.52, Section 8.52.130 Frequently Flooded Areas, 8.12 Approval to set a public hearing on Tuesday, June 18, 2019 at 9:15 a.m. to consider approval of budget supplemental appropriations and amendments to the 2019 budget in the following amounts: • Total budget Supplemental Appropriation Requests: General Fund $248,686 • Total Budget Supplemental Appropriation Requests: Belfair Sewer Fund $449,550 • Total Budget Amendment Requests: General Fund $214,273 • Total Budget Amendment Requests: Special &Other Funds $198,424 9. Other Business (Department Heads and Elected Officials) 10. 6:15 p.m. Public Hearings and Items Set for a Certain Time-No hearings. 11. Board's Reports & Calendars 12. Adjournment J:WGENDAS\2019\2019-05-28 REG.doc MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraides Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: May 28, 2019 No. 4.1 ITEM: Correspondence 4.1.1 U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) sent in letter regarding floodplain management measures. Attachments: Originals on file with the Clerk of the Board. cc: CMMRS Neatherlin, Shutty &Trask Clerk U.S.Department of Homeland Security 500 C Street,SW Washington,DC 20472 - = FEMA MAY 16 2019 CERTIFIED MAIL R E C�d'V RETURN RECEIPT REQUESTED MAY 21 2019 Randy Neatherlin Chair, Board of County Commissioners Mason County Mason County Commissioners 411 North Fifth Street Shelton, Washington 98584 Dear Mr. Neatherlin: I am writing this letter as an official reminder that Mason County, Washington, has until June 20, 2019,to adopt and have the Department of Homeland Security's Federal Emergency Management Agency(FEMA) Regional Office approve floodplain management measures that satisfy 44 Code of Federal Regulations (CFR) Section 60.3(d) and (e)of the National Flood Insurance Program (NFIP)regulations. Mason County must adopt floodplain management measures, such as a floodplain management ordinance, that meet or exceed the minimum NFIP requirements (copy enclosed)by June 20, 2019, to avoid suspension from the NFIP. If suspended, your community becomes ineligible for flood insurance through the NFIP, new insurance policies cannot be sold, and existing policies cannot be renewed. The NFIP State Coordinating Office for your State has verified that Washington communities may include language in their floodplain management measures that automatically adopt the most recently available flood elevation data provided by FEMA. Your community's floodplain management measures may already be sufficient if the measures include suitable automatic adoption language and are otherwise in accordance with the minimum requirements of the NFIP. The NFIP State Coordinator can assist you further in clarifying questions you may have about automatic adoption. Under the Flood Disaster Protection Act of 1973, as amended, flood insurance must be purchased by property owners seeking any Federal financial assistance for construction or acquisition of buildings in Special Flood Hazard Areas (SFHAs). This financial assistance includes certain federally guaranteed mortgages and direct loans, federal disaster relief loans and grants, as well as other similarly described assistance from FEMA and other agencies. In addition, all loans individuals obtain from Federally regulated, supervised, or insured lending institutions that are secured by improved real estate located in SFHAs are also contingent upon the borrower obtaining flood insurance coverage on the building. However,purchasing and maintaining flood insurance coverage on a voluntary basis is frequently recommended for properties located www.fema.gov Randy Neatherlin MAY 16 2019 Page 2 outside SFHAs. Your NFIP State Coordinator and FEMA would like to assist Mason County to ensure it remains in good standing with the NFIP and avoids suspension from the Program. If your community is suspended, it may regain its eligibility in the NFIP by enacting the floodplain management measures established in 44 CFR Section 60.3 of the NFIP regulations. As stated in my previous correspondence, I recommend you contact your NFIP State Coordinator or the FEMA Regional Office if Mason County is encountering difficulties in enacting its measures. I recognize that your community may be in the final adoption process or may have recently adopted the appropriate floodplain management measures. Please submit these measures to the Floodplain Management Program at the Washington Department of Ecology. David Radabaugh, CFM,the NFIP State Coordinator, is accessible by telephone at(425) 649-4260, in writing at 3190 160th Avenue, Southeast,Bellevue, Washington 98008, or by electronic mail at david.radabaugh@ecy.wa.gov. The FEMA Regional staff in Bothell, Washington, is also available to assist you with your floodplain management measures. The FEMA Regional Office may be contacted by telephone at (425)487-4600 or in writing. Please send your written inquiries to the Director,Mitigation Division, FEMA Region X, at 130—228th Street, Southwest, Bothell, Washington 98021-8627. In the event your community does not adopt and/or submit the necessary floodplain management measures that meet or exceed the minimum NFIP requirements, I must take the necessary steps to suspend your community from the NFIP. This letter is FEMA's final notification before your community is suspended from the Program. Sincerely, Rachel Sears, Director Floodplain Management Division Mitigation Directorate I FEMA Enclosure cc: Mike O'Hare, Regional Administrator, FEMA Region X David Radabaugh, CFM,NFIP State Coordinator, Washington Department of Ecology Kell Rowan, Planning Manager, Mason County 44 Code of Federal Regulations §59.24 Suspension of community eligibility. (b) A community eligible for the sale of flood (a) A community eligible for the sale of flood insurance which fails to adequately enforce flood insurance shall be subject to suspension from the plain management regulations meeting the minimum Program for falling to submit copies of adequate flood requirements set forth in §§60.3, 60.4 and/or 60.5 plain management regulations meeting the minimum shall be subject to probation. Probation shall requirements of paragraphs (b), (c), (d), (e) or(f) of represent formal notification to the community that §60.3 or paragraph (b) of§60.4 or §60.5, within six the Federal Insurance Administrator regards the months from the date the Federal Insurance community's flood plain management program as not Administrator provides the data upon which the flood compliant with NFIP criteria. Prior to imposing plain regulations for the applicable paragraph shall be probation, the Federal Insurance Administrator (1) based. Where there has not been any submission by shall inform the community upon 90 days prior the community, the Federal Insurance Administrator written notice of the impending probation and of the shall notify the community that 90 days remain in the specific program deficiencies and violations relative six month period in order to submit adequate flood to the failure to enforce, (2) shall, at least 60 days plain management regulations. Where there has been before probation is to begin, issue a press release to an inadequate submission, the Federal Insurance local media explaining the reasons for and the effects Administrator shall notify the community of the of probation, and (3) shall, at least 90 days before specific deficiencies in its submitted flood plain probation is to begin, advise all policyholders in the management regulations and inform the community community of the impending probation and the of the amount of time remaining within the six month additional premium that will be charged, as provided period. If, subsequently, copies of adequate flood in this paragraph, on policies sold or renewed during plain management regulations are not received by the the period of probation.During this 90-day period the Federal Insurance Administrator, no later than 30 community shall have the opportunity to avoid days before the expiration of the original six month probation by demonstrating compliance with period the Federal Insurance Administrator shall Program requirements, or by correcting Program provide written notice to the community and to the deficiencies and remedying all violations to the state and assure publication in the Federal maximum extent possible.If,at the end of the 90-day Register under part 64 of this subchapter of the period, the Federal Insurance Administrator community's loss of eligibility for the sale of flood determines that the community has failed to do so,the insurance,such suspension to become effective upon probation shall go into effect. Probation may be the expiration of the six month period. Should the continued for up to one year after the community community remedy the defect and the Federal corrects all Program deficiencies and remedies all Insurance Administrator receive copies of adequate violations to the maximum extent possible. Flood flood plain management regulations within the notice insurance may be sold or renewed in the community period,the suspension notice shall be rescinded by the while it is on probation. Where a policy covers Federal Insurance Administrator. If the Federal property located in a community placed on probation Insurance Administrator receives notice from the on or after October 1, 1986, but prior to October 1, State that it has enacted adequate flood plain 1992, an additional premium of $25.00 shall be management regulations for the community within charged on each such policy newly issued or renewed the notice period, the suspension notice shall be during the one-year period beginning on the date the rescinded by the Federal Insurance Administrator. community is placed on probation and during any The community's eligibility shall remain terminated successive one-year periods that begin prior to after suspension until copies of adequate flood plain October 1, 1992. Where a community's probation management regulations have been received and begins on or after October 1, 1992, the additional approved by the Federal Insurance Administrator. premium described in the preceding sentence shall be $50.00, which shall also be charged during any successive one-year periods during which the [41 FR 46975,Oct.26, 1976.https:Hecfr.io/Title-44/cfrv1.1 44 Code of Federal Regulations community remains on probation for any part thereofregulations,allows its regulations to lapse,or amends This $50.00 additional premium shall further be its regulations so that they no longer meet the charged during any successive one-year periods that minimum requirements set forth in §§60.3, 60.4 begin on or after October 1, 1992, where the and/or 60.5 shall be suspended from the Program.If a preceding one-year probation period began prior to community is to be suspended,the Federal Insurance October 1, 1992. Administrator shall inform it upon 30 days prior written notice and upon publication in the Federal (c) A community eligible for the sale of flood Register under part 64 of this subchapter of its loss of insurance which fails to adequately enforce its flood eligibility for the sale of flood insurance. The plain management regulations meeting the minimum community eligibility shall remain terminated after requirements set forth in§§60.3,60.4 and/or 60.5 and suspension until copies of adequate flood plain does not correct its Program deficiencies and remedy management regulations have been received and all violations to the maximum extent possible in approved by the Federal Insurance Administrator. accordance with compliance deadlines established during a period of probation shall be subject to (e) A community eligible for the sale of flood suspension of its Program eligibility. Under such insurance may withdraw from the Program by circumstances, the Federal Inswance Administrator submitting to the Federal Insurance Administrator a shall grant the community 30 days in which to show copy of a legislative action that explicitly states its cause why it should not be suspended. The Federal desire to withdraw from the National Flood Insurance Insurance Administrator may conduct a hearing, Program. Upon receipt of a certified copy of a final written or oral, before commencing suspensive legislative action, the Federal Insurance action.If a community is to be suspended,,the Federal Administrator shall withdraw the community from Insurance Administrator shall inform it upon 30 days the Program and publish in the Federal prior written notice and upon publication in Register under part 64 of this subchapter its loss of the Federal Register under part 64 of this subchapter eligibility for the sale of flood insurance. A of its loss of eligibility for the sale of flood insurance. community that has withdrawn from the Program In the event of impending suspension, the Federal may be reinstated if its submits the application Insurance Administrator shall issue a press release to materials specified in§59.22(a). the local media explaining the reasons and effects of ( the suspension.The community's eligibility shall only (f)If during a period of ineligibility under paragraphs (a), (d), or (e) of this section, a community has be reinstated by the Federal Insurance Administrator upon his receipt of a local legislative or executive Permitted actions to take place that have aggravated measure reaffirming the community's formal intent to existing flood plain,mudslide (i.e., mudflow)and/or adequately enforce the flood plain management flood related erosion hazards, the Federal Insurance requirements of this subpart, together with evidence Administrator may withhold reinstatement until the of action taken by the community to correct Program community submits evidence that it has taken action deficiencies and remedy to the maximum extent to remedy to the maximum extent possible the possible those violations which caused the increased hazards. The Federal Insurance suspension. In certain cases, the Federal Insurance community may also place the reinstated Administrator, in order to evaluate the community's community on probation as provided for in paragraph performance under the terms of its submission, may (b)of this section. withhold reinstatement for a period not to exceed one (g) The Federal Insurance Administrator shall year from the date of his receipt of the satisfactory promptly notify the servicing company and any submission or place the community on probation as insurers issuing flood insurance pursuant to an provided for in paragraph(b)of this section. arrangement with the Federal Insurance (d) A community eligible for the sale of flood Administrator of those communities whose eligibility insurance which repeals its flood plain management has been suspended or which have withdrawn from [41 FR 46975,Oct.26, 1976.https:Hecfr.io/Title44/cfryIA 44 Code of Federal Regulations the program. Flood insurance shall not be sold or regulations by flood-prone,mudslide(i.e.,mudflow)- renewed in those communities. Policies sold or prone and flood-related erosion-prone communities. renewed within a community during a period of Any community may exceed the minimum criteria ineligibility are deemed to be voidable by the Federal under this part by adopting more comprehensive Insurance Administrator whether or not the parties to flood plain management regulations utilizing the sale or renewal had actual notice of the ineligibility. standards such as contained in subpart C of this part. [41 FR 46968,Oct.26, 1976.Redesignated at 44 FR In some instances, community officials may have 31177, May 31, 1979,and amended at 48 FR 44543 access to information or knowledge of conditions that require, particularly for human safety, higher and 44552, Sept.29, 1983;49 FR 4751,Feb. 8, standards than the minimum criteria set forth in 1984;50 FR 36023, Sept.4, 1985;57 FR 19540, subpart A of this part. Therefore, any flood plain May 7, 1992;59 FR 53598,Oct.25, 1994; 62 FR management regulations adopted by a State or a 55715,Oct.27, 1997] community which are more restrictive than the §60.1 Purpose of subpart. criteria set forth in this part are encouraged and shall (a)The Act provides that flood insurance shall not be take precedence. sold or renewed under the program within a [41 FR 46975,Oct. 26, 1976.Redesignated at 44 FR community, unless the community has adopted 31177,May 31, 1979,as amended at 48 FR 44552, adequate flood plain management regulations Sept.29, 1983;49 FR 4751,Feb. 8, 1984] consistent with Federal criteria. Responsibility for establishing such criteria is delegated to the Federal §60.2 Minimum compliance with flood plain Insurance Administrator. management criteria. (a) A flood-prone community applying for flood (b) This subpart sets forth the criteria developed in insurance eligibility shall meet the standards of accordance with the Act by which the Federal §60.3(a) in order to become eligible if a FHBM has Insurance Administrator will determine the adequacy not been issued for the community at the time of of a community's flood plain management application. Thereafter,the community will be given regulations. These regulations must be legally- a period of six months from the date the Federal enforceable, applied uniformly throughout the Insurance Administrator provides the data set forth in community to all privately and publicly owned land §60.3 (b), (c), (d), (e) or (f), in which to meet the within flood-prone, mudslide (i.e., mudflow) or requirements of the applicable paragraph. If a flood-related erosion areas, and the community must community has received a FHBM, but has not yet provide that the regulations take precedence over any applied for Program eligibility, the community shall less restrictive conflicting local laws, ordinances or apply for eligibility directly under the standards set codes. Except as otherwise provided in §60.6, the forth in §60.3(b). Thereafter, the community will be adequacy of such regulations shall be determined on given a period of six months from the date the Federal the basis of the standards set forth in§60.3 for flood- Insurance Administrator provides the data set forth in prone areas, §60.4 for mudslide areas and §60.5 for §60.3 (c), (d), (e) or (f) in which to meet the flood-related erosion areas. requirements of the applicable paragraph. (c) Nothing in this subpart shall be construed as (b) A mudslide (i.e., mudflow)-prone community modifying or replacing the general requirement that applying for flood insurance eligibility shall meet the all eligible communities must take into account flood, standards of§60.4(a)to become eligible. Thereafter, mudslide (i.e., mudflow) and flood-related erosion the community will be given a period of six months hazards, to the extent that they are known, in all from the date the mudslide (i.e., mudflow) areas official actions relating to land management and use. having special mudslide hazards are delineated in (d)The criteria set forth in this subpart are minimum which to meet the requirements of§60.4(b). standards for the adoption of flood plain management [41 FR 46975,Oct.26, 1976.https://ecfr.io/Title-44/cfrvl] 44 Code of Federal Regulations (c) A flood-related erosion-prone community §60.3 Flood plain management criteria for applying for flood insurance eligibility shall meet the flood-prone areas. standards of§60.5(a)to become eligible. Thereafter, The Federal Insurance Administrator will provide the the community will be given a period of six months data upon which flood plain management regulations from the date the flood-related erosion areas having shall be based.If the Federal Insurance Administrator special erosion hazards are delineated in which to has not provided sufficient data to furnish a basis for meet the requirements of§60.5(b). these regulations in a particular community, the (d) Communities identified in part 65 of this community shall obtain, review and reasonably subchapter as containing more than one type of utilize data available from other Federal, State or hazard (e.g., any combination of special flood, other sources pending receipt of data from the Federal mudslide (i.e., mudflow), and flood-related erosion Insurance Administrator. However, when special hazard areas) shall adopt flood plain management flood hazard area designations and water surface regulations for each type of hazard consistent with the elevations have been furnished by the Federal requirements of§§60.3,60.4 and 60.5. Insurance Administrator, they shall apply. The symbols defining such special flood hazard (e)Local flood plain management regulations may be designations are set forth in§64.3 of this subchapter. submitted to the State Coordinating Agency In all cases the minimum requirements governing the designated pursuant to §60.25 for its advice and adequacy of the flood plain management regulations concurrence.The submission to the State shall clearly for flood-prone areas adopted by a particular describe proposed enforcement procedures. community depend on the amount of technical data (f)The community official responsible for submitting formally provided to the community by the Federal annual or biennial reports to the Federal Insurance Insurance Administrator. Minimum standards for Administrator pursuant to §59.22(b)(2) of this communities are as follows: subchapter shall also submit copies of each annual or (a)When the Federal Insurance Administrator has not biennial report to any State Coordinating Agency. defined the special flood hazard areas within a (g)A community shall assure that its comprehensive community,has not provided water surface elevation plan is consistent with the flood plain management data, and has not provided sufficient data to identify objectives of this part. the floodway or coastal high hazard area, but the community has indicated the presence of such (h) The community shall adopt and enforce flood hazards by submitting an application to participate in plain management regulations based on data provided the Program,the community shall: by the Federal Insurance Administrator. Without (1) Require permits for all proposed prior approval of the Federal Insurance construction or other development in the Administrator, the community shall not adopt and community, including the placement of enforce flood plain management regulations based manufactured homes, so that it may upon modified data reflecting natural or man-made determine whether such construction or other physical changes. development is proposed within flood-prone [41 FR 46975,Oct. 26, 1976.Redesignated at 44 FR areas; 31177, May 31, 1979, as amended at 48 FR 29318, (2) Review proposed development to assure June 24, 1983; 48 FR 44552, Sept. 29, 1983; 49 FR that all necessary permits have been received 4751, Feb. 8, 1984; 50 FR 36024, Sept. 4, 1985; 59 from those governmental agencies from FR 53598, Oct. 25, 1994; 62 FR 55716, Oct. 27, which approval is required by Federal or 1997] State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; [41 FR 46975,Oct.26, 1976.https•//ecfr.io/Title-44/cfrvl.] 44 Code of Federal Regulations (3) Review all permit applications to and discharges from the systems into flood determine whether proposed building sites waters and(ii)onsite waste disposal systems will be reasonably safe from flooding. If a to be located to avoid impairment to them or proposed building site is in a flood-prone contamination from them during flooding. area, all new construction and substantial improvements shall (i) be designed (or (b) When the Federal Insurance Administrator has modified) and adequately anchored to designated areas of special flood hazards (A zones) prevent flotation, collapse, or lateral by the publication of a community's FHBM or FIRM, movement of the structure resulting from but has neither produced water surface elevation data hydrodynamic and hydrostatic loads, nor identified a floodway or coastal high hazard area, including the effects of buoyancy, (ii) be the community shall: constructed with materials resistant to flood (1) Require permits for all proposed damage, (iii) be constructed by methods and construction and other developments practices that minimize flood damages, and including the placement of manufactured (iv) be constructed with electrical, heating, homes, within Zone A on the community's ventilation, plumbing, and air conditioning FHBM or FIRM; equipment and other service facilities that are designed and/or located so as to prevent (2)Require the application of the standards in water from entering or accumulating within paragraphs(a)(2),(3),(4),(5)and(6)of this the components during conditions of section to development within Zone A on the community's FHBM or FIRM; flooding. (4) Review subdivision proposals and other (3) Require that all new subdivision proposed new development, including proposals and other proposed developments manufactured home parks or subdivisions,to (including proposals for manufactured home determine whether such proposals will be parks and subdivisions) greater than 50 lots reasonably safe from flooding. If a or 5 acres, whichever is the lesser, include subdivision proposal or other proposed new within such proposals base flood elevation development is in a flood-prone area, any data; such proposals shall be reviewed to assure (4)Obtain,review and reasonably utilize any that(i)all such proposals are consistent with base flood elevation and floodway data the need to minimize flood damage within the available from a Federal, State, or other flood-prone area, (ii) all public utilities and source, including data developed pursuant to facilities, such as sewer, gas, electrical, and paragraph(bx3)of this section,as criteria for water systems are located and constructed to requiring that new construction, substantial minimize or eliminate flood damage,and(iii) improvements,or other development in Zone adequate drainage is provided to reduce A on the community's FHBM or FIRM meet exposure to flood hazards; the standards in paragraphs (c)(2), (c)(3), (5)Require within flood-prone areas new and (cx5), (cx6), (c)(12), (c)(14), (dx2) and replacement water supply systems to be (d)(3)of this section; designed to minimize or eliminate infiltration (5) Where base flood elevation data are of flood waters into the systems;and utilized, within Zone A on the community's (6)Require within flood-prone areas(i)new FHBM or FIRM: and replacement sanitary sewage systems to (i)Obtain the elevation(in relation to be designed to minimize or eliminate mean sea level) of the lowest floor infiltration of flood waters into the systems (including basement) of all new and [41 FR 46975,Oct.26, 1976.https:Hecfr.io/Title-44/cfry1.1 44 Code of Federal Regulations substantially improved structures, (1)Require the standards of paragraph(b)of and this section within all Al-30 zones, AE zones,A zones,AH zones,and AO zones,on (ii) Obtain, if the structure has been the community's FIRM; floodproofed in accordance with paragraph (c)(3xii) of this section, (2) Require that all new construction and the elevation(in relation to mean sea substantial improvements of residential level) to which the structure was structures within Zones Al-30, AE and AH floodproofed,and zones on the community's FIRM have the lowest floor(including basement)elevated to (iii) Maintain a record of all such or above the base flood level, unless the information with the official community is granted an exception by the designated by the community under Federal Insurance Administrator for the §59.22(a)(9)(iii); allowance of basements in accordance with (6) Notify, in riverine situations, adjacent §60.6(b)or(c); communities and the State Coordinating (3) Require that all new construction and Office prior to any alteration or relocation of substantial improvements of non-residential a watercourse, and submit copies of such structures within Zones Al-30, AE and AH notifications to the Federal Insurance zones on the community's firm (i) have the Administrator; lowest floor(including basement)elevated to (7) Assure that the flood carrying capacity or above the base flood level or,(ii)together within the altered or relocated portion of any with attendant utility and sanitary facilities, watercourse is maintained; be designed so that below the base flood level the structure is watertight with walls (8)Require that all manufactured homes to be substantially impermeable to the passage of placed within Zone A on a community's water and with structural components having FHBM or FIRM shall be installed using the capability of resisting hydrostatic and methods and practices which minimize flood hydrodynamic loads and effects of buoyancy; damage. For the purposes of this requirement, manufactured homes must be (4) Provide that where anon-residential elevated and anchored to resist flotation, structure is intended to be made watertight collapse, or lateral movement. Methods of below the base flood level, (i) a registered anchoring may include, but are not to be professional engineer or architect shall limited to,use of over-the-top or frame ties to develop and/or review structural design, ground anchors. This requirement is in specifications,and plans for the construction, addition to applicable State and local and shall certify that the design and methods anchoring requirements for resisting wind of construction are in accordance with forces. accepted standards of practice for meeting the applicable provisions of paragraph (c) When the Federal Insurance Administrator has (cx3)(ii) or(cx8xii) of this section, and(ii) provided a notice of final flood elevations for one or a record of such certificates which includes more special flood hazard areas on the community's the specific elevation(in relation to mean sea FIRM and, if appropriate, has designated other level) to which such structures are special flood hazard areas without base flood floodproofed shall be maintained with the elevations on the community's FIRM, but has not official designated by the community under identified a regulatory floodway or coastal high §59.22(a)(9)(iii); hazard area,the community shall: [41 FR 46975,Oct.26, 1976.https:Hecfr.io/Title-44/cfrvl J 44 Code of Federal Regulations (5) Require, for all new construction and system to resist floatation collapse substantial improvements,that fully enclosed and lateral movement. areas below the lowest floor that are usable solely for parking of vehicles,building access (�) Require within any AO zone on the or storage in an area other than a basement community's FIRM that all new construction and which are subject to flooding shall be and substantial improvements of residential structures have the lowest floor (including designed to automatically equalize basement) elevated above the highest hydrostatic flood forces on exterior walls by allowing for the entry and exit of adjacent grade at least as high as the depth floodwaters. Designs for meeting this number specified in feet on the community's FIRM(at least two feet if no depth number is requirement must either be certified by a registered professional engineer or architect specified); or meet or exceed the following minimum (8) Require within any AO zone on the criteria: A minimum of two openings having community's FIRM that all new construction a total net area of not less than one square and substantial improvements of inch for every square foot of enclosed area nonresidential structures (i) have the lowest subject to flooding shall be provided. The floor (including basement) elevated above bottom of all openings shall be no higher than the highest adjacent grade at least as high as one foot above grade. Openings may be the depth number specified in feet on the equipped with screens, louvers, valves, or community's FIRM (at least two feet if no other coverings or devices provided that they depth number is specified), or (ii) together permit the automatic entry and exit of with attendant utility and sanitary facilities be floodwaters. completely floodproofed to that level to meet (6)Require that manufactured homes that are the floodproofmg standard specified in placed or substantially improved within §60.3(c)(3)(ii); Zones Al-30, AH, and AE on the (9) Require within any A99 zones on a community's FIRM on sites community's FIRM the standards of (i) Outside of a manufactured home paragraphs(a)(1)through(a)(4)(i)and(b)(5) park or subdivision, through(b)(9)of this section; (ii) In a new manufactured home (10) Require until a regulatory floodway is park or subdivision, designated, that no new construction, substantial improvements, or other (iii) In an expansion to an existing development (including fill) shall be manufactured home park or permitted within Zones A 1-30 and AE on the subdivision,or community's FIRM,unless it is demonstrated that the cumulative effect of the proposed (iv) In an existing manufactured development, when combined with all other home park or subdivision on which a existing and anticipated development, will manufactured home has incurred not increase the water surface elevation of the "substantial damage"as the result of base flood more than one foot at any point a flood, be elevated on a permanent within the community. foundation such that the lowest floor of the manufactured home is elevated (11) Require within Zones AH and AO, to or above the base flood elevation adequate drainage paths around structures on and be securely anchored to an slopes,to guide floodwaters around and away adequately anchored foundation from proposed structures. [41 FR 46975,Oct.26, 1976.https:Hecfr.io/Title-44/cfrvl] 44 Code of Federal Regulations (12) Require that manufactured homes to be homes" in paragraph (c)(6) of this placed or substantially improved on sites in section. an existing manufactured home park or subdivision within Zones A-1-30, AH, and A recreational vehicle is ready for AE on the community's FIRM that are not highway use if it is on its wheels or jacking system,is attached to the site subject to the provisions of paragraph (c)(6) of this section be elevated so that either only by quick disconnect type utilities and security devices,and has (i) The lowest floor of the no permanently attached additions. manufactured home is at or above the base flood elevation,or (d) When the Federal Insurance Administrator has provided a notice of final base flood elevations within (ii) The manufactured home chassis Zones Al-30 and/or AE on the community's FIRM is supported by reinforced piers or and, if appropriate, has designated AO zones, AH other foundation elements of at least zones, A99 zones, and A zones on the community's equivalent strength that are no less FIRM, and has provided data from which the than 36 inches in height above grade community shall designate its regulatory floodway, and be securely anchored to an the community shall: adequately anchored foundation system to resist floatation, collapse, (1) Meet the requirements of paragraphs (c) (1)through(14)of this section; and lateral movement. (13)Notwithstanding any other provisions of (2) Select and adopt a regulatory floodway §60.3, a community may approve certain based on the principle that the area chosen for development in Zones Al-30, AE, and AH, the regulatory floodway must be designed to on the community's FIRM which increase the carry the waters of the base flood, without water surface elevation of the base flood by increasing the water surface elevation of that more than one foot, provided that the flood more than one foot at any point; community first applies for a conditional (3) Prohibit encroachments, including fill, FIRM revision, fulfills the requirements for new construction, substantial improvements, such a revision as established under the and other development within the adopted provisions of §65.12, and receives the regulatory floodway unless it has been approval of the Federal Insurance demonstrated through hydrologic and Administrator. hydraulic analyses performed in accordance (14)Require that recreational vehicles placed with standard engineering practice that the proposed encroachment would not result in on sites within Zones A 1-30,AH,and AE on the community's FIRM either any increase in flood levels within the community during the occurrence of the base (i)Be on the site for fewer than 180 flood discharge; consecutive days, (4)Notwithstanding any other provisions of (ii) Be fully licensed and ready for §60.3, a community may permit highway use,or encroachments within the adopted regulatory floodway that would result in an increase in (iii)Meet the permit requirements of base flood elevations, provided that the paragraph (b)(1) of this section and community first applies for a conditional the elevation and anchoring FIRM and floodway revision, fulfills the requirements for "manufactured requirements for such revisions as established under the provisions of §65.12, (41 FR 46975,Oct.26, 1976.https:Hecfr.io/Title-44/cfrvl.] 44 Code of Federal Regulations and receives the approval of the Federal building standards.A registered professional Insurance Administrator. engineer or architect shall develop or review (e) When the Federal Insurance Administrator has the structural design,specifications and plans for the construction,and shall certify that the provided a notice of final base flood elevations within design and methods of construction to be Zones Al-30 and/or AE on the community's FIRM used are in accordance with accepted and, if appropriate, has designated AH zones, AO standards of practice for meeting the zones, A99 zones, and A zones on the community's provisions ofparagraphs e 4 i and iiof FIRM, and has identified on the community's FIRM p ( )( )() ( ) this section. coastal high hazard areas by designating Zones V 1- 30,VE,and/or V,the community shall: (5) Provide that all new construction and (1) Meet the requirements of paragraphs substantial improvements within Zones V1- 0, VE, and V on the community's FIRM 3 (c)(1)through(14)of this section; have the space below the lowest floor either (2) Within Zones V1-30, VE, and V on a free of obstruction or constructed with non- community's FIRM, (i) obtain the elevation supporting breakaway walls, open wood (in relation to mean sea level)of the bottom lattice-work, or insect screening intended to of the lowest structural member of the lowest collapse under wind and water loads without floor (excluding pilings and columns) of all causing collapse, displacement, or other new and substantially improved structures, structural damage to the elevated portion of and whether or not such structures contain a the building or supporting foundation system. basement, and (ii) maintain a record of all For the purposes of this section, a breakway such information with the official designated wall shall have a design safe loading by the community under§59.22(a)(9)(iii); resistance of not less than 10 and no more than 20 pounds per square foot. Use of (3) Provide that all new construction within breakway walls which exceed a design safe Zones V 1-30,VE,and V on the community's loading resistance of 20 pounds per square FIRM is located landward of the reach of foot(either by design or when so required by mean high tide; local or State codes)may be permitted only if (4) Provide that all new construction and a registered professional engineer or architect substantial improvements in Zones V1-30 certifies that the designs proposed meet the and VE, and also Zone V if base flood following conditions: elevation data is available, on the (i) Breakaway wall collapse shall community's FIRM, are elevated on pilings result from a water load less than that and columns so that (i) the bottom of the which would occur during the base lowest horizontal structural member of the flood;and, lowest floor (excluding the pilings or columns) is elevated to or above the base (ii) The elevated portion of the flood level; and (ii) the pile or column building and supporting foundation foundation and structure attached thereto is system shall not be subject to anchored to resist flotation, collapse and collapse, displacement, or other lateral movement due to the effects of wind structural damage due to the effects and water loads acting simultaneously on all of wind and water loads acting building components. Water loading values simultaneously on all building used shall be those associated with the base components (structural and non- flood. Wind loading values used shall be structural). Water loading values those required by applicable State or local used shall be those associated with [41 FR 46975,Oct.26, 1976.https://ecfr.io/Title-44/cfry 1.] 44 Code of Federal Regulations the base flood. Wind loading values (9) Require that recreational vehicles placed. used shall be those required by on sites within Zones V 1-30, V, and VE on applicable State or local building the community's FIRM either standards. (i)Be on the site for fewer than 180 Such enclosed space shall be useable consecutive days, solely for parking of vehicles, building access,or storage. (ii) Be fully licensed and ready for highway use,or (6) Prohibit the use of fill for structural support of buildings within Zones VI-30, (iii) Meet the requirements in VE,and V on the community's FIRM; paragraphs(bx I)and(e)(2)through (7)of this section. (7) Prohibit man-made alteration of sand dunes and mangrove stands within Zones V 1- A recreational vehicle is ready for 30, VE, and V on the community's FIRM highway use if it is on its wheels or which would increase potential flood jacking system,is attached to the site damage. only by quick disconnect type utilities and security devices,and has (8) Require that manufactured homes placed no permanently attached additions. or substantially improved within Zones V1- 30,V, and VE on the community's FIRM on (fl When the Federal Insurance Administrator has sites provided a notice of final base flood elevations within Zones AI-30 or AE on the community's FIRM, and, (i) Outside of a manufactured home if appropriate, has designated AH zones, AO zones, park or subdivision, A99 zones, and A zones on the community's FIRM, and has identified flood protection restoration areas park or subdivision,In a new manufactured home by designating Zones AR, AR/A1-30, AR/AE, parAR/AH,AR/AO,or AR/A,the community shall: (iii) In an expansion to an existing (1) Meet the requirements of paragraphs manufactured home park or (cx 1)through(14)and(d)(1)through(4)of subdivision,or this section. (iv) In an existing manufactured (2) Adopt the official map or legal home park or subdivision on which a description of those areas within Zones AR, manufactured home has incurred AR/A1-30 ARAE AR/AH AR/A, or "substantial damage"as the result of AR/AO that are designated developed areas a flood, meet the standards of as defined in §59.1 in accordance with the paragraphs (e)(2)through(7)of this eligibility procedures under§65.14. section and that manufactured homes placed or substantially improved on (3) For all new construction of structures in other sites in an existing areas within Zone AR that are designated as manufactured home park or developed areas and in other areas within subdivision within Zones VI-30, V, Zone AR where the AR flood depth is 5 feet and VE on the community's FIRM or less: meet the requirements of paragraph (cx 12)of this section. (i)Determine the lower of either the AR base flood elevation or the elevation that is 3 feet above highest adjacent grade; and - [41 FR 46975,Oct.26, 1976.https://ecfr.io/Title-44/cfry 1.1 44 Code of Federal Regulations (ii) Using this elevation, require the protected to or above the AR base flood standards of paragraphs (c)(1) elevation. through(14)of this section. [41 FR 46975,Oct.26, 1976] (4) For all new construction of structures in those areas within Zone AR that are not Editorial Note: For Federal Register citations designated as developed areas where the AR affecting §60.3, see the List of CFR Sections flood depth is greater than 5 feet: Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov. (i) Determine the AR base flood elevation;and (ii) Using that elevation require the standards of paragraphs (c)(1) through(14)of this section. (5) For all new construction of structures in areas within Zone AR/Al-30, AR/AE, AR/AH,AR/AO,and AR/A: (i) Determine the applicable elevation for Zone AR from paragraphs (a)(3) and (4) of this section; (ii) Determine the base flood elevation or flood depth for the underlying A 1-30,AE,AH,AO and A Zone;and (iii)Using the higher elevation from paragraphs (ax5xi) and (ii) of this section require the standards of paragraphs(c)(1)through(14)of this section. (6) For all substantial improvements to existing construction within Zones AR/A 1- 30,AR/AE,AR/AH,AR/AO,and AR/A: (i)Determine the Al-30 or AE,AH, AO,or A Zone base flood elevation; and (ii) Using this elevation apply the requirements of paragraphs (c)(1) through(14)of this section. (7) Notify the permit applicant that the area has been designated as an AR, AR/A 1-30, AR/AE,AR/AH,AR/AO,or AR/A Zone and whether the structure will be elevated or [41 FR 46975,Oct.26, 1976.https://ecfr.io/Fitle-44/cfry1.] BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of May 13,2019 Monday,May 13,2019 9:00 A.M. Support Services—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance. • The 2018 Oath of Inventory will be placed on the agenda for approval. • Permission was granted to create extra help position in Support Services to cover switchboard when staff is on vacation. There will be a$1,500 budget supplement from Current Expense Ending Fund Balance. • Park Host applicants for Mason Lake Park will be placed on the agenda. • Applicant for Parks&Recreation Advisory Board will be appointed. • Civil Service applicants will be scheduled for an interview. • Cmmr. Shutty presented proposed change to the Mason County Animal Code to address roaming dogs in the County. Cmmr.Neatherlin asked for a change to say fully commissioned officer or designee. This will be brought back to briefing next Monday. • The Farmers Market is requesting permission to use the Bld 10 parking lot for 2 weeks they can't be on Railroad Avenue due to other events. Frank will bring back a contract and determine a fee. 9:15 A.M. Sheriffs Office—Sheryl Hilt Commissioners Shutty,Trask and Neatherlin were in attendance. • Request to amend Resolution 137-98 to increase the Harvest Permit Fee from$5 to$20 and add a new service for laminating Concealed Pistol Licenses(CPL)at$2 each. 9:25 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Shutty,Trask and Neatherlin met with Frank Pinter in Closed Session from 9:25 a.m.to 9:35 a.m.for a labor discussion. 9:45 A.M. Public Works—Jerry Hauth Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance. The following items were approved to move forward on an agenda: • Proclamation for National Public Works Week May 19',-25'h. The Commissioners were invited to a staff recognition event on May 22 at 11:30 a.m. • Resolution to close Harstine Bridge Road at approximately milepost 0.00 to milepost 0.607 on Friday,June 14,2019 from 4:00pm to 6:00pm for the Celebration of the 50'b Anniversary of the Harstine Bridge Parade event. • County Road Administration Board(CRAB)Rural Arterial Program Prospectus Agreements for Old Belfair Hwy realignment project and North Shore Road(Great Bend) culvert replacement project. • County Road Administration Board(CRAB)Rural Arterial Program Prospectus— Amendment No. 1 for County Road Project 1995 North Shore Road(Cady Creek)culvert replacement project. • County Road Project No.2020,Old Belfair Highway realignment from milepost 1.200 to milepost 1.600. • County Road Project No.2021,North Shore Road(Great Bend)culvert replacement project at milepost 16.6 to 16.7. • Loretta stated they have had discussions regarding Belfair Sewer that include the agreement with the City of Bremerton and Port of Bremerton for the sewer extension project and the financial analysis completed by FCS. The analysis is not complete at this time. • WSDOT has sent out the stakeholder participation request for the Freight Corridor Steering Committee. • Army Corps has concerns with project delivery for the Skokomish Ecosystem Restoration project. The target to sign the design Project Partnership Agreement(PPA) with USACE is in September 2019. Staff has met with Mason Conservation District who Board of Mason County Commissioners' Briefing Meeting Minutes May 13,2019 is assisting with the project to develop a work plan. Staff is investigating a short term bridge loan for construction and this will come before the Finance Committee. John Bolender noted that the Corps has changed the schedule,the Conservation District has resources to invest in the project to help the County meet the deadlines. Cmmr. Shutty will make a phone call to the Corps. • Public Works received a request for no parking signs from the Larson Lake HOA. Staff has investigated and some vehicles do not have current license tabs. Staff has contacted the Prosecuting Attorney and Sheriff and will first issuing warnings before enforcing the no parking regulations. 10:30 A.M. Cemetery District#1 Interviews Commissioners Shutty,Trask and Neatherlin interviewed Kaye Massie and Debra Braz for the Cemetery District#I Board of Commissioners. • The Board directed staff to place on the May 21 agenda the appointment of Debra Braz to the Cemetery District#1 Board of Commissioners. Commissioner Discussion • Dawn Twiddy reminded the Board that Jerry Hauth will be retiring this week. An agenda item will be prepared for the May 21 agenda appointing Loretta as the Director. BREAK—NOON 2:00 P.M. Department of Fish&Wildlife—Larry Phillips Commissioners Shutty,Trask and Neatherlin were in attendance. • The intent of the briefing was to discuss a 2018 supplemental budget proviso to Fish &Wildlife(F&W)to conduct State Environmental Policy Act(SEPA)for translocation of wolves from eastern to western WA. They are currently doing a periodic status review of wolves.F&W will hold public meetings to keep the community informed of the process. This will be a multi-year project and the actual relocation areas have not been determined. The objective is to delist wolves(from endangered species list). • Other issues discussed: • Cmmr.Neatherlin brought up the culvert replacement program. He would like to pursue an agreement between F&W and Tribes to find opportunities to save money. • Cmmr.Neatherlin then brought up the Coulter Creek area and would like to partner with F&W to develop parking&sewer. • Cmmr.Neatherlin asked about the status of Dewatto and the tideland dispute. He voiced concern with State's decision to use adverse possession. F&W staff did not know the current status. • Fish&Wildlife stated they have met with the North Mason School District regarding the Theler Wetlands. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of May 20,2019 Monday,May 20,2019 9:00 A.M. Veteran's Advisory Board—April Pooler Commissioners Shutty,Trask and Neatherlin were in attendance. • April Pooler requested a Levy increase from.0112780 to.0169170175 which would provide an estimated increase of$46,323 to the Veterans Assistance Fund.She handed out a comparison of veterans helped and amount spent on assistance between 2015- 2019.The average number of veterans who seek assistance is 107 and in the first five months of 2019,83 veterans have already been given assistance.April noted that the new veteran's village being built within the City will create the need for more assistance and funds since there is only a six month requirement for residency to become eligible for assistance.Cmmr.Shutty said this request would be reviewed more as they look to the 2020 budget. 9:15 A.M. Support Services—Frank Pinter Commissioners Shutty,Trask and Neatherlin were in attendance. • Public Assistance Grant for the winter storm and winds December 10-24`s.Ross said an estimated$50,000 was spent during this time. • Ross said he would like to revise Resolution 81-14 to authorize himself,Frank Pinter, Marilee Kenyon,and Jennifer Beierle as agents and alternates.This resolution will be on the May 28't meeting. • Public Works Director-Dawn said that Jerry Hauth officially retires on May 31'so she would like to place an item on the May 28th agenda naming Loretta Swanson as director. • Budget Supplement-Jennifer Beierle went over items added to her request since the May 6'h briefing. She asked to move forward to set a hearing for June 18,2019. • April 2019 financial statement-Jennifer quickly reviewed the report and stated that 2019 is on track and percentages line up with where the County was in 2018.The only area of concern is the landfill. She said the revenue is about 5%under where they were in 2018 and expenditures are running high.Jennifer said she will watch this and alert the Board on changes. • Lease of property near transfer station-Frank said he has been researching necessary items to move forward with the two proposals.He stated that per county code a fair market evaluation would first be necessary,and that rental adjustment review would be necessary every five years.A rental excise tax of 12.8%would also need to be collected from the renter.Frank advised that Support Services would need to purchase the parcel from Public Works in order to benefit from this rental.Points of concern are the well and setbacks from said well,and insurance requirements. • Shelton Farmers Market has requested to use the parking lot at Building 10 on June 1'` and June 15'h.Frank presented a draft agreement and said that they are looking to collect$125 for both dates. • Elected Official/Director Meeting-The Board approved the agenda as drafted. Diane will circulate to departments to see if there are other agenda items. • Cmmr. Shutty said he spoke to Tim Whitehead in regards to language for MCC 4.08, Animal Code. A public hearing will be scheduled. • Frank spoke about anticipated revenue for the criminal justice sales tax of$1.3M(on August ballot)and handed out a list suggesting where these funds will be spent. This includes additional 6 FTE jail correction officers,reducing jail outsourcing to$100,000 and adding some criminal justice programs such as Reentry to Citizenship Programs and Mental Health Pier&Reentry Services. Cmmr.Neatherlin stated he wants to make sure the jail outsourcing budget is adhered to and if the correction officers are not hired,to place the funding in reserves to staff a future jail. Frank noted the County Board of Mason County Commissioners'Briefing Meeting Minutes May 20,2019 should develop reserves to get through an economic downturn for this funding and also in the.09 Rural Sales Tax and REET 1 Fund. • Cmmr.Trask shared language from WSAC regarding wildfire smoke. 9:45 A.M. Community Services—Lydia Bucheit,Kell Rowen Commissioners Shutty,Trask and Neatherlin were in attendance. • Consolidated Contract Amendment 8 will be placed on the agenda. • Lydia requested a special Board of Health meeting be scheduled this Wednesday to consider appointment of the Health Officer. Dr.Yu will be retired at end of May and with the measles outbreak and two cases of tuberculosis staff would prefer to not wait until the regular BOH meeting on May 28. • Request to set a public hearing on June 18 to consider updating the County's Flood Damage Prevention Ordinance(FDPO)was approved. • Jeremy Hicks recommended the County implement a burn restriction effective May 23 at 8 a.m. Recreational fires in approved fire pits will be allowed. A news release will be issued. 10:00 A.M. BREAK 10:15 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Shutty,Trask and Neatherlin were in attendance. • Request to amend the cultural resources services contract for the Skokomish River Basin Ecosystem Restoration project increasing the maximum payout from$20,000 to not to exceed$40,000. This will be added to the May 21 agenda. 10:30 A.M. Civil Service Interviews Commissioners Shutty,Trask and Neatherlin interviewed the following six candidates for the Civil Service Commission: Darin Holland,William Kendrick,Kevin Swett,Mark Nault,Dean Byrd and William Adam. There are two more candidates who will be interviewed Tuesday morning. The briefing meeting was adjourned at noon. Tuesday,May 21,2019 10:00 A.M. Civil Service Interviews Commissioners Shutty,Trask and Neatherlin interviewed Pat Tarzwell and Ted Jackson for the Civil Service Board. Commissioner Discussion The Board deliberated once interviews were complete.They chose William Kendrick to fill the position and asked to have an item on the action agenda May 28`h. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: May 28, 2019 Agenda Item # $, Commissioner staff to complete) BRIEFING DATE: April 29, 2019 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to call for Request for Proposals (RFP) for 2020 Visitor Information Center (VIC) services. Total award amount is up to $143,400, as recommended by LTAC. Proposals are due no later than June 26, 2019. Background: Mason County receives funds from room taxes imposed on lodging facilities. These funds can be expended for activities established by and eligible under State law. Tourism promotion is defined under RCW 67.28.080 as "...activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists." The Lodging Tax Advisory Committee met on April 17 and recommended the Commissioners call for RFPs for 2020 VIC services. The total award amount is 30% of 2018 Lodging Tax revenues, or up to $143,400. Budget Impacts: LTAC recommends that 30% of the lodging tax revenue be dedicated to Visitor Information Centers. Based on 2018 revenues, $143,400 is available for 2020 VIC services. RECOMMENDED ACTION: Approval to call for Request for Proposals (RFP) for 2020 VIC services up to $143,400, as recommended by LTAC. Attachment: RFP Request for Proposals Visitor Information Centers in Mason County I. Introduction and Summary Mason County, Washington is requesting proposals from qualified firms (Defined in RCW 67.28.1816 "...tourism-related facilities owned or operated by nonprofit organizations described under 26 U.S.C. Sec. 501(c)(3) and 26 U.S.C. Sec. 501(c)(6) of the internal revenue code of 1986, as amended") for providing visitor information services to travelers planning to or in the process of visiting Mason County for recreational purposes. Services shall be provided at locations within the County that provide convenient ingress and egress, high visibility, on major tourist transportation corridors and offer a clean, welcoming environment. It is anticipated that multiple contracts will be awarded. Total amount awarded for all Visitor Information Centers (VIC) is up to 30% of all lodging tax revenues collected in each year prior to entering into the contract; estimated to be $143,400 for 2020. This is for services commencing January 1, 2020. Visitor information services will be provided at the direction of the Mason County Board of Commissioners under the advice of the Mason County Lodging Tax Advisory Committee. All County contracts require approval of the Mason County Board of Commissioners. Deadline for receipt of proposals is 4 p.m., Wednesday, June 26, 2019. Proposals should be prepared in accordance with this RFP and mailed or delivered to: Diane Zoren Administrative Manager Department of Support Services 411 N. 5th Street Shelton, WA 98584 (360) 427-9670 ext. 747 Email: dlz@co.mason.wa.us Ten hard copies of the submittals must be received by the deadline indicated above. Postmarks will not be accepted. Proposals will be evaluated by the Lodging Tax Advisory Committee and respondents may be interviewed by members of the committee. The committee will make recommendation for contract award to the Mason County Board of Commissioners who will make final selection. Respondents should not lobby committee members or the Board of Commissioners. Respondents should contact Diane Zoren by phone or email for additional information. All proposals are public records. The committee reserves the right to request additional information from respondents. The County reserves the right to reject all submittals. Page 1 of 4 1:\LTAC\2019\RFP process\VIC 2020 Services\VIC RFP for 2020 Services.docx Contract Terms: Contracts will be awarded for one year with an option for renewal. Contract performance review will occur annually. Insurance Requirements. All insurance provided shall be primary and non-contributory. 1) Comprehensive General Liability. $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, $2,000,000 general aggregate; 2) Automobile Liability. $1,000,000 combined single limit per accident for bodily injury and property damage; 3) Workers' Compensation. Workers' compensation limits as required by the Workers' Compensation Act of Washington; 4) Consultant's Errors and Omissions Liability. $1,000,000 per occurrence and as an annual aggregate. II. Statement of Need Mason County, Washington is in need of contractors to provide visitor information services to travelers planning to or in the process of visiting Mason County for recreational purposes. Services shall be provided at locations within the County that provide convenient ingress and egress, high visibility, on major tourist transportation corridors and offer a clean, welcoming environment. Services provided shall include dissemination of printed recreational materials and direct assistance to visitors from persons familiar with all parks, lodging, dining, retail and recreational establishments and services available in Mason County. Contractors will be required to provide ongoing training for visitor service providers to ensure thorough knowledge of and familiarization with services and amenities available in the County. Respondents will be strongly encouraged to gain authorization to sell State Parks and/or National Parks/Forests passes, guides and maps. Contractors will be required to provide updated information about area events, lodging, dining and recreational experience opportunities to the County Tourism Marketing Contractor. Contractors will be required to provide estimates and final numbers of visitors for annual reports pursuant to Revised Code of Washington 67.28.1816 (2). III. Form of Proposal Respondent proposals should not exceed 10 pages, including attachments and should include: 1) Contact name, address, telephone number, and e-mail address. 2) Detailed description of proposed location including square footage of space dedicated to visitor information services and hours of operation. 3) Statement of qualifications including experience in providing visitor information services. Page 2 of 4 J:\LTAC\2019\RFP process\VIC 2020 Services\VIC RFP for 2020 services.docx 4) Strategy for maintaining familiarization with area parks, lodging, dining, retail and recreational amenities. 5) A detailed budget of cost for providing visitor information location and services. No capital costs are allowed. 6) Measures proposed to assess impact of contract performance including strategy to measure economic impacts to area businesses and to fulfill reporting requirements as defined in Revised Code of Washington 67.28.1816 ii (c). All proposals shall include estimates of how this contracted service will result in increases to people staying overnight, travelling 50 miles or more to Mason County, or coming from another state or country to Mason County. IV. Evaluation Criteria: Proposals will be evaluated based on the following criteria. The evaluation criteria are subject to change without notice. 1) Strategy for dissemination of visitor services (i.e. location, type of amenities, how will services be provided, training of staff/volunteers). 2) What types of services are offered. 3) Experience providing visitor information services. 4) Strategy for maintaining familiarization of visitor amenities. 5) Hours of operation and level of staffing. 6) Cost of the proposal and the degree to which the budget reflects the requested activities. 7) Strategy to measure economic impacts to area businesses and methodology for tracking number of clients served in accordance with Revised Code of Washington 67.28.1816(2). V. Independent Contractor It is the intention and understanding of the County that Vendor shall be an independent contractor and that the County shall be neither liable for nor obligated to pay sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of employment. Contractor shall pay all income and other taxes as due. Industrial or other insurance that is purchased for the benefit of Contractor shall not be deemed to convert this Contract to any employment contract. It is recognized that Contractor may or will be performing services during the term of the Contract for other parties and that the County is not the exclusive user of the Contractor's services. Page 3 of 4 1:\LTAC\2019\RFP process\VIC 2020 Services\VIC RFP for 2020 services.docx VI. Prevailing Wage If required by RCW 39.12, prevailing wages shall be paid. Contractor specifically agrees to comply with RCW 39.12 and to file all required forms, certifications, and affidavits necessary to comply with Federal and State laws before final payment shall be made to the Contractor. The latest prevailing wage rate information is available per the State of Washington, Department of Labor and Industries, Industrial Relations Division. VII. Equal Opportunity Employer Mason County is an equal opportunity employer. We strive to create a working environment that includes and respects cultural, racial, ethnic, sexual orientation and gender identity diversity. Women, racial and ethnic minorities, persons of disability, persons over 40 years of age, veterans or people with military status, and people of all sexual orientations and gender identities are encouraged to apply. Page 4 of 4 J:\LTAc\2019\RFP process\vic 2020 services\vic RFP for 2020 services.docx Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda _X_ Public Hearing Other DEPARTMENT: Emergency Management EXT: 806 COMMISSION MEETING DATE: 05-28-2019 Agenda Item # g �— (Commissioner staff to complete) BRIEFING DATE: 05-20-2019 BRIEFING PRESENTED BY: Ross McDowell [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Revise Resolution 81-14 (Approve Applicant Agents and Alternate Agents / Contacts for Natural Disasters) BACKGROUND: The purpose of this designation as Applicant and Alternate Agents is to authorize these representatives to obtain federal and/or state emergency or major disaster assistance funds. These representatives are authorized on behalf of Mason County to execute all contracts, certify completion of projects, request payments, and prepare all required documentation for funding requirements. The previous resolution (81-14) which was resolved on December 23, 2014, put William Kenny and Brian Matthews as Applicant Agent with G. Ross McDowell and Frank Pinter as Alternate Agents. The named Applicant Agents no longer are employed with Mason County and new Applicant Agents need to be established. BUDGET IMPACTS: None RECOMMENDED ACTION: The recommendation is for G. Ross McDowell and Frank Pinter to be established as the Applicant Agents and Jennifer Beierle and Merrilee Kenyon as the Alternate Agents. ATTACHMENT(S): Resolution 81-14 New Resolution for BOCC approval J:\Applicant Agent\2019\Commission Agenda Item Summary Applicant Agent 2019.doc RESLOUTION NO. APPROVING APPLICANT AGENT AND ALTERNATE AGENT/CONTACT FOR NATURAL DISASTERS WHEREAS, Natural disasters may occur at any time,the Emergency Management Division of the State of Washington requires Mason County to designate Applicant Agents and Alternate Agents/ Contacts; and, WHEREAS, it is in the best interest to Mason County to establish Applicant Agents and Alternate Agents/Contacts before such an event should occur in order to submit monetary damages for Mason County properties as well as oversee projects. The Agents are hereby authorized to represent the Mason County Board of County Commissioners to obtain federal and/or state emergency or disaster assistance funds. They may execute all contacts, certify completion of projects, request payments, and prepare all required documentation for funding requirements; and, WHEREAS, this resolution will establish Applicant Agents and Alternate Agents/Contacts in the event any declared natural disaster occurs; and, WHEREAS, the appointment of Frank Pinter, Support Services Director and G. Ross McDowell, Emergency Management Manager as Applicant Agents for Mason County and Jennifer Beierle, Budget Manager and Merrilee Kenyon, Public Works Finance Manager as Alternate Agents/Contacts would be in the best interest of Mason County; NOW THEREFORE, BE IT RESOLVED that Frank Pinter or G. Ross McDowell and in their absence,Jennifer Beierle or Merrilee Kenyon are authorized to represent and act for the county in dealing with the State and the Federal Emergency Management Agency for all matters required by state and federal disaster assistance grant agreements and to execute contracts, make assurances and certifications and prepare paperwork as needed to obtain federal reimbursement for disaster response. ADOPTED THIS day of , 2019 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON Melissa Drewey, Clerk of the Board Kevin Shutty, Chairman APPROVED AS TO FORM: Sharon Trask, Commissioner Timothy Whitehead, Randy Neatherlin, Commissioner Chief Deputy Prosecuting Attorney MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: May 28, 2019 Agenda Item # g Commissioner staff to complete) BRIEFING DATE: May 13 and 20, 2019 BRIEFING PRESENTED BY: Cmmr. Shutty [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to set a public hearing on Tuesday, June 18, 2019 at 9:15 a.m. to consider amending County Code Chapter 4.08 — Animal Code Background: Cmmr. Shutty drafted language to amend the Animal Code to include language making is unlawful for an owner of an animal to allow the animal to enter or trespass onto private property or allow said animal to run at large onto public property. Budget Impacts: RECOMMENDED ACTION: Approval to set a public hearing on Tuesday, June 18, 2019 at 9:15 a.m. to consider amending County Code Chapter 4.08 — Animal Code Attachment(s): Proposed amendments to MCC 4.08 — Animal Code Amendments to MCC 4.08-Animal Code New language denoted in bolded italics "Owner" or"Keeper,"in addition to their ordinary meanings, are terms that can be used interchangeably within this chapter and means any person,firm, corporation, organization possessing, harboring, keeping, having an interest in,or having control or custody of an animal. 4.08.030-Public nuisance-Owner responsibility It shall be a public nuisance, and therefore unlawful,for any person to permit their animal(s) to: (enforcement of this section(public nuisance)is separate and distinct from the terms of MCC 4.08.??- Animals at large) 4.08.??Animals at large. (a)It shall be unlawful for the owner or keeper of any animal to negligently allow such animal to enter or trespass onto private property of another without the express permission of the owner or caretaker of said property;or to allow said animal to run at large onto any public property or the public right-of- way within Mason County. (1)The animal control authority or any commissioned law enforcement officer may cite an owner or keeper upon probable cause that a violation of this subsection(a)has occurred. (2)Any owner or keeper who is found, by a preponderance of the evidence, to have violated any portion of subsection (a)shall be subject to a$250 civil infraction. (b)It shall be unlawful for the owner or keeper of any animal to knowingly allow that animal to be at large under subsection(a)of this section when such animal represents a potential threat of substantial bodily injury to people or damage to property. A jl (I)A fully commissioned law enforcement officer may cite an owner or keeper upon probable cause that a violation of this subsection(b)has occurred or the prosecuting attorney may file a complaint after first receiving written reports, drafted by fully commissioned law enforcement officers that support probable cause that a violation of this subsection (b)has occurred. (2)Any owner or keeper who is found, beyond a reasonable doubt, to have violated this subsection(b)shall be guilty of a misdemeanor,punishable by imprisonment in the county jail for a maximum term fixed by the court of up to 90 days, or by a fine in an amount fixed by the court of not more than$1,000 plus statutory assessments, or by both such imprisonment and fine. Further, upon probable cause that this crime has been occurred, the animal may be impounded pursuant to the procedures outlined in section 4.08.120 and 4.08.130 of this chapter. 4.08.120-Impoundment (a)The animal control authority may apprehend any animal found doing or involved in acts defined as a public nuisance, animals at large, and/or being subjected to cruel treatment. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda _X_ Public Hearing Other DEPARTMENT: Emergency Management EXT: 806 COMMISSION MEETING DATE: 05/28/2019 Agenda Item # g Commissioner staff to complete) BRIEFING DATE: 05/20/2019 BRIEFING PRESENTED BY: Ross McDowell [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Public Assistance Grant #D19-134 for Presidential Disaster Declaration 4418-DR-WA (Winter Storm & Wind December 10 — 24, 2018) Background: A Presidential Disaster Declaration was issued (# FEMA-4418-DR-WA-Washington) for Severe Winter Storms, Straight-line Winds, Flooding, Landslides, and Mudslides (December 10 through 24, 2019) involving 8 Washington counties. To provide funds to Mason County (the SUBRECIPIENT)for the repair or restoration of damaged public facilities as approved by FEMA in project worksheets describing eligible scopes of work and associated funding. The Applicant Agent meeting was conducted on April 22, 2019 and the Recovery Scoping meeting is scheduled for May 23, 2019 to review the damage and recovery efforts. Reimbursement amount is still to be determined, based upon approved project worksheets. Public Damage Assessment Worksheets for Mason County Public Works and Park Department - Debris Removal, Emergency Protective Measures and Roads & Bridges estimated at $50,000 total costs and damage. RECOMMENDED ACTION: Approve the signing of the Public Assistance Grant Agreement D19-134. Attachment(s): Public Assistance Grant Agreement D19-134 Public Disaster (PA) Program Disaster Information Sheet 5/14/2019 Washington State Military Department PUBLIC ASSISTANCE GRANT AGREEMENT FACE SHEET 1. SUBRECIPIENT Name and Address: 2. Grant Agreement Amount: 3. Grant Number: Mason County To be determined, based upon 100 West Public Works Drive D19-134 Shelton,WA 98584 approved project worksheets 4. SUBRECIPIENT, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: 360-427-7535 ext December 10, 2018 March 3, 2023 7. DEPARTMENT Program Manager, phone/email: 8. Data Universal Numbering System 9. UBI #(state revenue): Gerard Urbas,(253)512-7402 (DUNS): 069580751 Gary.urbas@mil.wa.gov 10. Funding Authority: Washington State Military Department the"DEPARTMENT" , and Federal Emergency Management Aenc FEMA 11. Funding Source Agreement#: 12. Program Index# 13. Catalog of Federal Domestic Asst. (CFDA) 14. N/A FEMA-4418-DR-WA 774RC(Federal)/772RC #&Title: 97.036, Public Assistance State /774RD Admin 15. Total Federal Award Amount: N/A 16. Federal Award Date: N/A 17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): nth Mason Certified?: X N/A 1:1 NO (BY CONGRESSIONAL DISTRICT):�_th (;"to ❑ YES, OMWBE# 20. Contract Classification: 21. Contract Type(check all that apply): ❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 22. Contractor Selection Process: 23. Contractor Type(check all that apply) X "To all who apply&qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For-Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non-Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑NO ❑ VENDOR ❑ SUBRECIPIENT X OTHER 24. BRIEF DESCRIPTION: Presidential Disaster Declaration # FEMA-4418-DR-WA Washington Severe Winter Storms, Straight-line Winds, Flooding, indslides, Mudslides, and a Tornado. To provide funds to the SUBRECIPIENT for the repair or restoration of damaged public cilities as approved by FEMA in project worksheets describing eligible scopes of work and associated funding. The DEPARTMENT is the Recipient and Pass-through Entity of the Presidential Disaster Declaration # FEMA-4418-DR-WA Washington Severe Winter Storms, Straight-line Winds, Flooding, Landslides, Mudslides,and a Tornado, and FEMA State Agreement,which are incorporated by reference, and makes a subaward of Federal award funds to the SUBRECIPIENT pursuant to this Agreement. The SUBRECIPIENT is accountable to the DEPARTMENT for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the DEPARTMENT and SUBRECIPIENT acknowledge and accept the terms of this Agreement, references and attachments hereto and have executed this Agreement as of the date and year written below. This Agreement Face Sheet, Special Terms and Conditions(Attachment 1), General Terms and Conditions (Attachment 2), Project Worksheet Sample(Attachment 3),Washington State Public Assistance Applicant Manual dated March 4, 2019 (Attachment 4), and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings,oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 5. Special Terms and Conditions 2. DHS Standard Terms and Conditions 6. General Terms and Conditions, and, 3. Presidential Declaration, FEMA State Agreement, 7. Other provisions of the contract incorporated by reference. and other Documents 4. Statement of Work and/or Project Description as outlined in FEMA approved Project Worksheet(s) WHEREAS,the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Alysha Kaplan, Unit Manager print or type name: Washington State Military Department DILERPLATE APPROVED AS TO FORM: APPROVED AS TO FORM: -ian E. Buchholz(signature on file) 4/11/2019 Assistant Attorney General SUBRECIPIENT's Attorney Date Public Assistance Grant Agreement Page 1 of 21 Mason County, D19-134 PUBLIC ASSISTANCE (PA) PROGRAM DISASTER INFORMATION SHEET Event: Major Disaster Declaration Type of Disaster: Severe Winter Storms, Straight-Line Winds, Flooding, Landslides, Mudslides, and a Tornado Declaration Number: FEMA-4418-DR-WA Declaration Date: March 4, 2019 Incident Period: December 10— 24, 2018 Declared Counties: Clallam, Grays Harbor, Island, Jefferson, Mason, Pacific, Snohomish, and Whatcom Counties Deadline for Submitting Requests for Public Assistance (RPA): April 3, 2019 Large Project Limits (FFY19): Equal or Greater than $128,900 Small Project Limits (FFY19): Minimum - $3,200 Less than - $128,900 Joint Field Office (JFO) Location: FEMA JFO 4418-DR-WA Camp Murray Public Assistance (PA) Officers: Federal: Joe Kaufman State: Jon Holmes Federal Coordinating Officer (FCO): Dolph A. Diemont State Coordinating Officer (SCO): Alysha Kaplan -------------------------------------------------------------------------------------------------------- State Documentation ❑ State Disaster Assistance Application Mail State Documentation to: ❑ Both Signed Copies of State Agreement Gerard Urbas ❑ Designation of Applicant Agent Letter or Resolution WA Military Department ❑ Signature Authorization Form Public Assistance Program ❑W-9 Form MS:TA-20,Building 20-B ❑ Certification of Debarred Contractors Form Camp Murray,WA 98430-5122 ❑ Electronic Fund Transfer(Direct Deposit) ❑ FFATA—Federal Funding Accountability and Transparency Act ❑ 2 CFR Part 200 Subpart F Audit Certification Form Note:The State Documentation will be e-mailed to you with How-to-Guide instructions. If you have any questions or if you need any assistance, please feel free to contact us. Note:The FEMA PA Program is jointly conducted by a FEMA-State team using the FEMA Program Delivery Model as a State Led Disaster.FEMA will be with us throughout Joint Field Office(JFO)operations(approx.3-4 months).Long term continuity (working Preliminary Damage Assessment(PDA)documentation through Grant Closeout documentation as well as payments and state/federal audit requirements)will be with the State PA Program Delivery Manager(PDM).Ensure any and all correspondence is routed through the State PA Program Delivery Manager(PDM)to ensure continuity through the entire PA grant process. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 422 COMMISSION MEETING DATE: 5/28/19 Agenda Item # j (Commissioner staff to complete) BRIEFING DATE: 5/13/19 & 5/20/19 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Appointment of Loretta Swanson as the Public Works Director at a Salary Range 46, Step "0" (Entry), which provides a 5.9% increase, effective May 29, 2019. Background: The current Director, Jerry Hauth has announced his retirement effective May 28, 2019. The Board of County Commissioners approved Loretta Swanson's promotion to a newly created Interim Deputy Director of Public Works to provide a mechanism for succession Planning. RECOMMENDED ACTION: Appointment of Loretta Swanson as the Public Works Director effective May 29, 2019. Attachment: None MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 422 COMMISSION MEETING DATE: 5/28/19 Agenda Item# (Commissioner staff to complete) BRIEFING DATE: 5/13/19 & 5/20/19 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to amend Resolution 25-19 to revise the Non-Represented Salary Scale Range Alignment by removing Job Class 4006, Interim Deputy Director Public Works effective May 28, 2019. Background: The Board established the Interim Deputy Director position upon notice of the current director's intent to retire. As a means for succession planning the interim Deputy Director position was created. The incumbent in this position is being promoted to Director of Public Works effective May 29, 2019. RECOMMENDED ACTION: Amend Resolution 25-19 to revise the Non-Represented Salary Scale Range Alignment by removing Job Class 4006, Interim Public Works Director from the Non-Represented Salary Scale effective May 28, 2019. Attachment: Resolution and Non-Represented Salary Scale Range Alignment RESOLUTION NO. AMENDING RESOLUTION NO. 25-19 TO REVISE THE NON-REPRESENTED SALARY SCALE RANGE ALIGNEMENT BY REMOVING INTERIM DEPUTY DIRECTOR PUBLIC WORKS FROM THE NON REPRESENTED SALARY SCALE WHEREAS, RCW 36.16.070 states that"...the Board of County Commissioners shall fix and determine each item of the budget separately and shall by resolution adopt the budget...",- and udget...";and WHEREAS, RCW 36.16.070 states that"...In all cases where the duties of any county office are greater than can be performed by the person elected to fill it, the officer may employ deputies and other necessary employees with the consent of the board of county commissioners. The board shall fix their compensation..."; and WHEREAS, the Board has determined that there is no longer a need for an Interim Deputy Director Public Works upon the retirement of the current incumbent of the position. The interim position was created as a succession planning opportunity; and NOW, THEREFORE BE IT RESOLVED, effective May 29, 2019 the Board of County Commissioners does hereby amend the Non-Represented Salary Table by removing the Interim Deputy Director Public Works from the Non Represented Salary Scale. DATED this day of May 2019. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Kevin Shutty, Chair APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief Deputy Prosecuting Sharon Trask, Commissioner Attorney Attachment A NON-REPRESENTED SALARY RANGE ALIGNMENT SALARY RANGE NUMBER CLASSIFICATION TITLE JOB CLASS 46 Community Services Director 1015 Public Works & Utilities Director 4005 Support Services Director 1156 Undersheriff 3000 44 Deputy Director Public Works/Utilities &Waste Mgmt 4010 County Engineer 4008 43 Chief Public Defender 1160 Chief Criminal Deputy 3002 Chief Jail 3003 41 Jail Lieutenant 3005 40 Engineering and Construction Manager 4030 Technical Services Manager 4220 39 Chief Finance Officer 2000 38 DEM/IT/Parks & Trails Manager 2059 Road Operations & Maintenance/ER&R Manager 4020 Water &Wastewater Manager 4015 Chief Civil Deputy 3001 37 Administrator, Probation & Juvenile Services 1050 35 District Court Administrator 1180 Superior Court Administrator 1190 34 Assistant Road Operations & Maintenance Manager 4021 33 Deputy Administrator, Probation Services 1052 Engineer III 4033 Personal Health Manager 2171 Environmental Health Manager 2169 Planning Manager 2080 Permit Assistance Center Manager 2090 32 Budget Manager 1155 31 Public Works Finance Manager 2011 NON-REPRESENTED SALARY RANGE ALIGNMENT Page I 1 of 2 Attachment A SALARY RANGE NUMBER CLASSIFICATION TITLE JOB CLASS 29 Equipment Maintenance Supervisor 4080 Finance Manager 2010 Road Operations & Maintenance Supervisor 4022 Chief Deputy Treasurer 1139 Administrative Services Manager 1153 Human Resources/Risk Manager 1154 Chief Deputy Assessor 1099 Chief Appraiser 1107 Administrative Manager 2149 Facilities Manager 2058 28 Engineer II 4032 27 Chief Deputy 1108 Elections Superintendent 1080 26 Engineer 1 4031 25 Program Manager 1 2200 Operations & Maintenance/ER&R Administrator 4200 Therapeutic Court Program Manager 2199 23 Public Works Office Administrator 2045 21 Financial Analyst Risk & Safety Compliance Manager 1057 Personnel Analyst 1152 Noxious Weed Coordinator 2226 20 Office Manager 2040 19 Official Court Recorder/Judicial Assistant 1193 Official Court Recorder/Family Law Facilitator 1192 Clerk of the Board/Records Specialist 1056 Administrative Clerk 1055 17 Administrative Assistant 1040 13 Administrative Secretary 1046 Legal Secretary 2152 Victim/Witness Advocate 2154 10 Receptionist/Secretary 2041 Therapeutic Courts Caseworker 1185 1 Central Shop Assistant 4099 Page 12 of 2 Effective April 1, 2019 *Amounts may vary slightly after calculation done in Munis RANGE ENTRY ENTRY STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 MAX ANNUAL "Step 0" ANNUAL 46 113,917.92 9,493.16 9,736.62 9,986.28 10,242.28 10,504.94 10,774.26 129,291.12 45 92,784.00 7,732.00 8,117.38 8,524.38 8,737.56 8,956.44 9,178.74 110,144.88 44 90,553.92 7,546.16 7,924.66 8,321.42 8,528.90 8,742.10 8,960.98 107,531.76 43 88,337.76 7,361.48 7,729.74 8,116.20 8,320.30 8,526.62 8,740.96 104,891.52 42 86,271.36 7,189.28 7,548.46 7,924.66 8,124.18 8,327.12 8,534.60 102,415.20 41 84,137.52 7,011.46 7,361.48 7,730.84 7,923.54 8,121.90 8,324.84 99,898.08 40 82,153.92 6,846.16 7,189.28 7,547.30 7,736.58 7,930.401 8,128.74 97,544.88 39 80,142.96 6,678.58 7,013.78 7,363.78 7,547.30 7,736.58 7,930.40 95,164.80 38 78,227.76 6,518.98 6,845.02 7,187.02 7,368.34 7,549.54 7,739.98 92,879.76 37 76,312.32 6,359.36 6,677.42 7,012.62 7,187.02 7,367.20 7,550.70 90,608.40 36 74,492.64 6,207.72 6,518.98 6,845.02 7,017.16 7,192.78 7,372.86 88,474.32 35 72,700.56 6,058.38 6,361.62 6,679.70 6,846.16 7,018.28 7,193.90 86,326.80 34 70,976.64 5,914.72 6,208.88 6,520.12 6,683.12 6,850.701 7,021.74 84,260.88 33 69,238.80 5,769.90 6,058.38 6,361.62 6,520.12 6,683.12 6,850.70 82,208.40 32 67,611.12 5,634.26 5,915.86 6,210.00 6,365.04 6,524.64 6,687.70 80,252.40 31 65,915.04 5,492.92 5,768.78 6,057.24 6,207.72 6,363.88 6,523.50 78,282.00 30 64,381.92 5,365.16 5,633.10 5,914.72 6,062.90 6,212.26 6,368.44 76,421.28 29 62,822.88 5,235.24 5,495.18 5,769.90 5,915.86 6,062.901 6,214.56 74,574.72 28 61,317.60 5,109.80 5,365.16 5,633.10 5,773.32 5,919.281 6,067.48 72,809.76 27 59,826.72 4,985.56 5,234.10 5,494.04 5,633.10 5,773.32 5,917.02 71,004.24 26 58,403.76 4,866.98 5,109.80 5,365.16 5,497.44 5,636.52 5,777.90 69,334.80 25 56,967.36 4,747.28 4,984.38 5,233.00 5,364.04 5,496.32 5,635.38 67,624.56 24 55,626.72 4,635.56 4,866.98 5,109.80 5,237.52 5,367.48 5,503.18 66,038.16 23 54,258.00 4,521.50 4,747.28 4,984.38 5,109.80 5,237.52 5,367.48 64,409.76 22 52,972.56 4,414.38 4,635.56 4,868.14 4,988.96 5,113.22 5,240.92 62,891.04 21 51,672.72 4,306.06 4,521.50 4,748.42 4,866.98 4,987.84 5,112.10 61,345.20 20 50,427.84 4,202.32 4,413.24 4,634.40 4,749.54 4,869.26 4,990.12 59,881.44 19 49,209.84 4,100.82 4,306.06 4,521.50 4,635.56 4,750.681 4,870.40 58,444.80 18 48,047.52 4,003.96 4,203.46 4,414.38 4,523.82 4,637.841 4,753.00 57,036.00 17 46,870.80 3,905.90 4,101.96 4,307.22 4,415.54 4,524.96 4,638.98 55,667.76 16 45,748.80 3,812.40 4,003.96 4,203.46 4,309.50 4,416.68 4,526.08 54,312.96 15 44,640.72 3,720.06 3,907.04 4,100.82 4,202.32 4,306.06 4,414.38 52,972.56 14 43,560.48 3,630.04 3,811.28 4,001.68 4,101.96 4,204.60 4,310.64 51,727.68 13 42,506.64 3,542.22 3,718.94 3,905.90 4,002.82 4,103.12 4,205.76 50,469.12 12 41,480.64 3,456.72 3,630.04 3,811.28 3,907.04 4,005.12 4,104.26 49,251.12 11 40,482.00 3,373.50 3,542.22 44627.28/1 3,812.40 3,908.18 4,005.12 48,061.44 10 39,524.16 3,293.68 3,456.72 3,630.04 3,720.06 3,813.56 3,909.32 46,911.84 9 38,552.88 3,212.74 3,373.50 3,542.22 3,630.04 3,721.22 3,813.56 45,762.72 8 37,636.32 3,136.36 3,291.38 3,456.72 3,543.36 3,631.14 3,722.36 44,668.32 7 36,705.84 3,058.82 3,212.74 3,373.50 3,456.72 3,543.36 3,633.46 43,601.52 6 35,844.24 2,987.02 3,137.52 3,293.68 3,375.76 3,460.12 3,546.801 42,561.60 5 34,968.48 2,914.04 3,058.82 3,212.74 3,293.68 3,375.76 3,460.12 41,521.44 4 34,147.92 2,845.66 2,987.02 3,137.52 3,216.22 3,297.10 3,378.08 40,536.96 3 33,312.96 2,776.08 2,915.18 3,059.96 3,137.52 3,216.22 3,297.10 39,565.20 2 32,506.08 2,708.84 2,844.50 2,987.02 3,061.081 3,138.641 3,216.22 38,594.64 1 31,739.76 2,644.98 2,776.08 2,914.041 2,98 .021 3,061.081 3,138.64L_37,663.68 K:\Salary Scales\2019\Effective April 1,2019 Non Represented Salary Scale.xlsx 5/20/2019 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda _x_ Public Hearing Other DEPARTMENT: Support Services EXT: 422 DATE: May 28 , 2019 Agenda Item # g Commissioner staff to complete) BRIEFING DATE: May 13, 2019 BRIEFING PRESENTED BY: [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to appoint William Kendrick to the Mason County Civil Service Commission to fill the remainder of a six year term that ends December 31, 2022. Background: The Civil Service Commission of Mason County is governed by RCW 41.14. The Civil Service Commission ensure the rules for operation of the civil service system are consistent with state law. Hear investigations and appeals or complaints. Certify testing process and procedures. The Commission is required to meet monthly and the Commission serves without compensation. A News Release was circulated on April 23, 2019 thru May 10, 2019 seeking applicants to fill a vacant position for the remainder of a six year term that ends December 31, 2022. Applicants were interviewed on May 20 and 21, 2019. RECOMMENDED ACTION: Approval to appoint William Kendrick to the Mason County Service Commission to fill the remainder of a six year term that ends December 31, 2022. 5/21/2019 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Casey Bingham Action Agenda _X Public Hearing Other DEPARTMENT: Community Services EXT: 562 DATE: 5/28/19 Agenda Item # g, Commissioner staff to complete) BRIEFING DATE: 5/20/19 BRIEFING PRESENTED BY: Casey Bingham [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Consolidated Contract CLH18253 Amendment 8 Amends Statement of Work for: 1. NEP SSI Onsite Sewage Management: Extended the grant to 6/30/2019, changed some of the deliverable dates, and updated the budgeted tasks and allocations. 2. Prescription Drug Overdose Prevention for States Supplement: Increases the funding for the program by 35,000. BUDGET IMPACTS: This increasing Amendment provides an increase of $35,000 of funding for 2019. This funding was anticipated and budgeted RECOMMENDED OR REQUESTED ACTION: Approve Amendment 8 of Consolidated Contract # CLH18253. 5/22/2019 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Giraldes Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: May 29, 2019 Agenda Item # '3.1 (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8064387-8064387 $ 1890.00 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County 4941Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 9,030,478.02 Direct Deposit YTD Total $ 6,095,754.56 Salary Clearing YTD Total $ 6,608,939.79 Approval of Treasure Electronic Remittances YTD Total $ 2,042,730.17 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8064387-8064387 $ 1,890.00 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Attachment(s): originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 530 COMMISSION MEETING DATE: 5/28/19 Agenda Item # , It> (Commissioner staff to complete) BRIEFING DATE: 5/20/19 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Mason County is the owner of Building (Ten) 10, which is a vacant building located at 414 W Franklin Street, Shelton, WA 98584. The Shelton Farmers Market desires to use the Building (Ten) 10 parking lot to accommodate vendors, participants and spectators for the Shelton Farmers Market on the specified dates of June 1, 2019 and June 15, 2019. Shelton Farmers Market will pay $25 to use the Building 10 parking lot. RECOMMENDED ACTION: Approval to enter into an agreement with the Shelton Farmers Market. Mason County is the owner of Building (Ten) 10, which is a vacant building located at 414 W Franklin Street, Shelton, WA 98584. Shelton Farmers Market desires to use the Building (Ten) 10 parking lot to accommodate vendors, participants and spectators for the Shelton Farmers Market on the specified dates of June 1, 2019 and June 15, 2019. Shelton Farmers Market will pay $25 to use the Building 10 parking lot. Attachment: Agreement for Parking Lot Use between Mason County and the Shelton Farmers Market AGREEMENT FOR PARKING LOT USE BETWEEN MASON COUNTY and the City of Shelton WHEREAS, THIS AGREEMENT made this day by and between Mason County, 411 N Fifth Street, Shelton,WA 98584,(hereinafter"MC"),and Shelton Farmers Market,PO Box 1061,Shelton,WA 98584 (hereinafter"SFM"). WHEREAS, MC is the owner of District Court Building(Ten) 10,which is a vacant building located at 414 W Franklin Street, Shelton, WA 98584. SFM desires to use the Building (Ten) 10 parking lot to accommodate vendors,participants and spectators for the Shelton Farmers Market. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. The initial term of this AGREEMENT shall be for the use of the parking lot facilities on the dates of June 1,2019 and June 15,2019 only.The term,mutual promises and covenants contained herein of this AGREEMENT may be extended or modified by written consent from both parties,MC and SFM. 2. Immediate revocation in the event of a violation of any of the terms and conditions of this AGREEMENT; 3. In the event such use shall become, for any reason, dangerous or any structure of obstruction permitted shall become insecure or unsafe,will result in immediate revocation,without notice. 4. If any use or occupancy for which this AGREEMENT has been revoked is not immediately discontinued, MC may remove any such structure or obstruct or cause to be made such repairs upon the structure or obstruction as may be necessary to render the same secure and safe,or adjourn any special event the cost of expense of which shall assessed against SFM, including all professional fees associated with enforcement of the collection of the same. 5. SFM accepts and agrees to use the parking lot "as is". MC will not be required to maintain the parking lot and any improvements to the parking lot shall be at the expense of SFM.Prior to making any significant repair or modification to the parking lot,SFM shall obtain the consent of MC.SFM acknowledges that in the event of demolition and/or renovation of Building (Ten) 10 during the period of this AGREEMENT, the parking area may be altered or damaged. During the period of demolition and/or renovation MC may give SFM written notice and suspend SFM's use of the parking lot during the demolition/renovation period.MC shall not be required to repair the parking lot as a result of any such damage. MC shall not be responsible for repaving the lot, should it become damaged while being used by SFM. 6. SFM agrees to provide a minimum of a 20(twenty)foot emergency access for Law Enforcement, Fire and Medic units on ALL of the affected streets. The 20 (twenty) foot access shall not be encroached upon by any booth or activity. SFM will ensure that all fire hydrants and Fire Department Connections are accessible and NOT obstructed by vehicles or displays. 7. SFM will ensure that"Responsible Parties"are readily identifiable by the use of, and waring of a high-visibility vest,or other means of identification,by Emergency Services Personnel(Law,Fire, EMS), if necessary. 8. If there are temporary vendors participating in the SFM event, SFM agrees to submit a listing of all temporary vendors and their contact information to Frank Pinter. Any food vendors cooking food using portable gas-fueled equipment shall provide not less than one(1)fire extinguisher rated 2A, 1 OB:C(5#Dry Chemical).Vendors utilizing deep-frying equipment shall provide a Class"K" fire extinguisher IN ADDITION TO the fire extinguisher required above. Portable LPG cylinders (5 gals or more) used for fuel for gas-fueled equipment shall be stored not less than 5 feet from open flame or equipment. Electrical appliances and extension cords, if used, shall be free of mechanical defects,the size(ampacity)of the cord shall not be less than the appliance supplied by the cord. 9. Must ensure adequate clearance on all sidewalks for pedestrians per ADA requirements. Maintain access/control of participants in the event of a fire/medical response. 10. SFM will provide sufficient event personnel for crowd control and parking requirements. 11. All animals much be under physical control of owner. Pet waste must be immediately cleaned up and disposed of. 12. SFM shall be responsible for providing sufficient sanitation facilities, additional trash receptacles and any required minor maintenance of the parking lot such as trash removal. SFM shall provide for post even clean up,and agrees to pay MC for all work at the County's actual cost for labor and materials for any clean up necessary following the even using the County's rates for performing such work. 13. SFM agrees to comply with Mason County Code 9.44.041, which prohibits smoking on County facilities,and 14. The consumption and/or sale of alcohol is prohibited on all MC facilities and/or properties, including but not limited to Building 10 Parking Lot located at 414 W Franklin Street,Shelton,WA 98584. 15. To the fullest extent permitted by law,SFM and its employees,vendors,participants,agents and/or volunteers agree to indemnify, defend and hold MC and its departments, elected and appointed officials,employees,agents and volunteers,harmle$s from and against any and all claims,damages, losses and expenses,including but not limited to court costs,attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property(including the loss of use resulting therefrom),which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of SFM, its employees, vendors, participants, agents and/or volunteers; or 2)are directly or indirectly arising out of, resulting from, or in connection with performance of this AGREEMENT; or 3) are based upon SFM's and its employees, vendors, participants, agents and/or volunteers use of, presence upon or proximity to the property of MC.This indemnification obligation of SFM shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of MC.This indemnification obligation of SFM shall not be limited in any way by the Washington State Industrial Insurance Act,RCW Title 51,or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and SFM hereby expressly waives any immunity afforded by such acts.The foregoing indemnification obligations of SFM are a material inducement to MC to enter into this AGREEMENT, are reflected in SFM's compensation,and have been mutually negotiated by the parties.MC reserves the right,but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of SFM's indemnity obligations under this AGREEMENT. SFM agrees all SFM's indemnity obligations shall survive the completion, expiration or termination of this AGREEMENT. In the event SFM enters into subcontracts with vendors to the extent allowed under this AGREEMENT, SFM's vendors shall indemnify MC on a basis equal to or exceeding SFM's indemnity obligations to MC. 16. SFM agrees to provide evidence of the insurance required herein no later than ten(10)days before the event, satisfactory to MC, consisting of: Certificate(s) of Insurance naming Mason County as an additional insured.Limits shall be no less than$1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. Any actual or alleged failure on the part of MC, under these requirements, to obtain proof of insurance required under this AGREEMENT in no way waives any right or remedy of MC, in this or in any other regard. 17. SFM will pay a total of twenty-five($25)dollars for use of the Building 10 parking lot on 6/1/2019 and 6/15/2019. If both parties agree to extend the duration of this AGREEMENT, compensation for the use of the Building 10 parking lot by SFM will be renegotiated for future dates. 18. Non-Compliance with any of the above may result in closure of the booth or activity until compliance is realized. IN WITNESS WHEREOF, COUNTY and the City of Shelton have executed this AGREEMENT as of the date and year last written below. SHELTON FARMERS MARKET BOARD OF COUNTY COMMISSIONERS SHELTON, WASHINGTON MASON COUNTY, WASHINGTON Miles Batchelder Randy Neotherlin, District#1 Commissioner SFM Primary Contact's Kevin Shutty, District#2 Information: Commissioner, Chair Miles Batchelder, Administrator, Shelton Farmers Market, PO Box 1061, Sharon Trask, District#3 Commissioner, Vice-Chair Shelton, WA 98584, 360-764-6381, drybedcreek@gmail.com Approved as to form: �-176othy Whitehead Chief Deputy Prosecuting Attorney MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda 0 Public Hearing ❑ Other ❑ Department: Community Services Ext: 286 Date: May 28, 2019 Agenda Item # g (Commissioner Staff To Complete) Briefing Date: May 20, 2019 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Set a public hearing on June 3.8, 203.9 at 9:3.5 a.m.to consider code amendments to Title 14, Chapter 14.22 Flood Damage Prevention and Title 8, Chapter 8.52, Section 8.52.130 Frequently Flooded Areas. BACKGROUND: FEMA has updated the Special Flood Hazard Area maps for Mason County.The maps will become effective on June 20, 2019. Mason County is required to update its Flood Damage Prevention codes prior to the effective date in order to remain compliant with the National Flood Insurance Program (NFIP). RECOMMENDED ACTION: Board of County Commissioners shall set a public hearing on June 3.8, 203.9 at 9:15 a.m.to consider code amendments. ATTACHMENT(S): Notice of Hearing Code Amendments Ordinance 5/20/2019 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street,Shelton, WA 98584 on Tuesday, June 18, 2019, at 9:15 A.M. SAID HEARING will be to consider amendments to Title 14, Section 14.22 Flood Damage Prevention and Title 8, Section 8.52.130 Frequently Flooded Areas. If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. If special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 28th day of May 2019 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board cc: Journal - Publish 2x: June 6& 13, 2019 (Bill: Community Development—615 W. Alder, Shelton, WA 98584) Chapter 14.22 - FLOOD DAMAGE PREVENTION Article I. - Statutory, Authorization, Purpose, and Objectives 14.22.010—statutory authorization. The Legislature of the State of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. RCW 36.70A060 and RCW 36.70A170 provides for the designation and regulation of frequently flooded areas, and chapter 86.16 RCW provides for the administration of National Flood Insurance Program regulation requirements by local governments.This chapter, as adopted and amended, shall be known as the Mason County Flood Damage Prevention Ordinance. 14.22.020—Purpose. (a) Background. The flood hazard areas of Mason County are subject to periodic inundation which can result in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.These flood losses could be exacerbated by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. Mason County has prepared this flood damage prevention ordinance to implement comprehensive flood damage reduction measures that are necessary for public health safety and welfare and that allow property owners to protect their property. (b) Purpose. It is therefore the purpose of this chapter to promote the public health,safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: (1) To protect human life, health and property; (2) To minimize expenditure of public money and costly flood damage control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business and farming interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric telephone and sewer lines, streets, and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To ensure that potential buyers are notified that property is in an area of special flood hazard; (8) To ensure that those who occupy the areas of special flood hazard participate, along with government, in assuming responsibility for their actions; Page 1 (9) To allow individuals to protect their life, health,and property when it is done in accordance with all applicable laws and regulations; (10) Implement applicable recommendations of Skokomish River Comprehensive Flood Hazard Management Plan; and (11) Provide for continued eligibility for National Flood Insurance Program. 14.22.030—Methods of reducing flood losses. In order to accomplish its purposes,this chapter provides regulatory methods and provisions for: (a) Restricting or prohibiting uses which are dangerous to health,safety,and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (b) Requiring that uses vulnerable to floods, including facilities which serve such uses,be protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural floodplains, stream channels, and natural protection barriers,which help accommodate or channel flood waters; (d) Controlling filling,grading, and other development which may increase flood damage; (e) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or may increase flood hazards in other areas; (f) Controlling excessive erosion by constructing sound erosion control structures and obtaining appropriate permits and exemptions from all applicable local, state, and federal jurisdictions; and (g) Implementing the recommendations of adopted flood hazard studies and plans. Article II. - Definitions 14.22.040—Definitions. Unless specifically defined below,words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application: "A-Zone"or"zone A" means those areas shown on the flood insurance rate maps(FIRM)as that area of land within the floodplain which would be inundated by the base flood(100-year or one percent annual chance)flood. "Accessory structure" means nonresidential structures such as detached garages, sheds, garden buildings, pole buildings, and barns which are considered normal for farming and ranching activities.Also known as"appurtenant structures". "Administrator" means the director of the Mason County Department of Community Development or designee. Page 2 "Appeal" means the right to request for a review of the administrator's interpretation of any provision of this chapter or a request for a variance. "Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map (FIRM).The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. "Area of special flood hazard" means the land in the flood plain subject to a one(1)percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V.Also known as"special flood hazard area". "Avulsion" means a sudden cutting off of land by flood, currents, or change in course of a body of water. "Avulsion risk areas" are the areas which have been determined to have too high a risk of avulsion to permit new structures or expansion of existing structures. "Base flood" means the flood having a one (1) percent chance of being equaled or exceeded in any given year.Also referred to as the "100-year flood." Designation on maps always includes the letters A or V. "Base flood elevation" means the computed elevation to which floodwater is anticipated to rise during the base flood Base Flood Elevations(BFEs)are shown on Flood Insurance Rate Maps(FIRMS)and on the flood profiles The BFE is the regulatory requirement for the elevation or floodproofing of structures The relationship between the BFE and a structure's elevation determines the flood insurance premium. "Basement" means any area of the building having its floor subgrade(below ground level)on all sides. "Breakaway wall" means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. "Building" means a walled and roofed structure including a gas or liquid storage tank, that is Principally above ground as well as a manufactured home The terms "structure" and "building" are interchangeable in the National Flood Insurance Program (NFIP) Residential and non-residential structures are treated differently. A residential building built in a floodplain must be elevated above the Base Flood Elevation(BFE) Non-residential buildings may be elevated or floodproofed. "Critical facility" means facilities for which even a slight chance of flooding might be too great.Critical facilities include, but are not limited to schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use,or store hazardous materials or hazardous waste. "Coastal High Hazard Area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1-30,VE or V. "Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, diking, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. The area contained within ring levees is considered to be part of the development area due to its impact on flood waters. "Development permit" see definition for"permit" under this chapter. Page 3 "Elevated building" means for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls,shear walls, post, piers, pilings, or columns. "Elevation Certificate" means the official FEMA form (FEMA Form 086-0-33) used to track development, provide elevation information necessary to ensure compliance with community flood plain management ordinances, and determine the proper insurance premium rate. "Emergency" means an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time period too short to allow for normal development permit application and review. All emergency development shall be consistent with all Mason County Development Regulations. "Engineering reports" are reports compiled under this chapter to address flood-related issues shall be by an engineer licensed in the state of Washington with knowledge and experience in hydrology. The method and rigor of all investigation, analysis and design shall be in accordance with current generally accepted engineering standards. "Flood" or"flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters;ager (2) The unusual and rapid accumulation of runoff of surface waters from any source! (3) Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas as when earth is carried by a current of water and deposited along the path of the current;: (4) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature such as flash flood or an abnormal tidal surge or by some similarly unusual and unforeseeable event which results in flooding as defined by(1) above. A flood inundates a floodplain Most floods fall into three maior categories:riverine flooding,coastal flooding and shallow flooding Alluvial fan flooding is another type of flooding more common in the mountainous western states. . "Flood insurance rate map (FIRM)" means the official map on which the Federal Insurance Administratorien has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood insurance study" FIS -means an examination evaluation and determination of flood hazards and if appropriate corresponding water surface elevations or an examination, evaluation and determination of mudslide(i.e., mudflow)and/or flood-related erosion hazards(also known as the Flood Elevation Study). a agrefflbled inte an FIS. The CIC r eq e nta;ns detailed fl td-di - "Floodplain" means any land area susceptible to being inundated by floodwaters from any source. Page 4 "Floodplain management" means-the operation of an overall program of corrective and preventive measures for reducing flood damage including but not limited to emergency preparedness plans flood control works and flood plain management regulations ' that aims to "e"°"" the wise use of the nation's fleadolains. "Wise e" means both rayl. the—natUF undeFwFffites fleed insuFance GoveraRe only in eemmunit*es that "Floodplain Management—Regulations ems" means zoning ordinances, subdivision regulations building codes health regulations special purpose ordinances (such as a flood plain ordinance grading ordinance and erosion control ordinance) and other applications of police power.The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction once F€M!1 pfevides a earnmunity with+h„flood The ;d' of the fleed lain manage—Lag-Dt rg--g!- - - - is to ensuFe that oaFt eati g communkies take into acEount flood hazaFdS, to the extent that they aFe known. in all effigial actions- relating to land manage nt and use. "Flood proofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Flood protection elevation" means one foot above the base flood elevation. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than ene feeta designated height. "Footprint" means the total area of the first floor of a structure, regardless of how the structure is supported, or the total perimeter of any development other than a structure. "Frequently flooded areas"are critical areas designated by Mason County in its Resource Ordinance. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water.This term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers and shipbuilding and ship repair facilities but does not include long-term storage or related manufacturing facilities. Under limited circumstances variances may be issued for functionally dependent uses provided that the structure is Protected by methods that minimize flood damages during the base flood and there are no additional threats to public safety. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure In AO zones all new construction and substantial improvements of residential structures shall have the lowest floor including basement elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM; or at least two feet if no depth number is specified All new construction and substantial improvements of non-residential structures shall meet the above requirements or, together with attendant utility and sanitary facilities, be floodproofed to the same elevation. "Historic structure" means any structure that is: Page 5 (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior;or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a By an approved state program as determined by the Secretary of the Interior or a:b Directly by the Secretary ofthe Interior in states without approved programs. "Lot" means a designated parcel,tract,or area of land established by plat,subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished orflood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter found at Section 14.22.1760(1)(6). "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.The term "manufactured home" does not include a "recreational vehicle". "New construction" means for the purposes of determining insurance rates structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974 whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the "start of construction" commenced on or after the effective date of this ehaptff floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. "Permit" means a written authorization from Mason County for any construction or development activity on all lands regulated by this chapter.Such permits shall include,but are not limited to,excavation and grading, permits for fills and excavations under Chapter 70 of the Uniform Building Code, shoreline permits for developments regulated by the Mason County Shoreline Master Program, building permits for all structures under the Uniform Building Code or Title 14, Mason County Code, or written authorization for development under this chapter. "Person" means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or any other entity, including agenciesy of the state or local government unit however designated. "Recreational vehicle" means a vehicle which is: (1) Built on a single chassis; (2) Four hundred square feet or less when measured at the largest horizontal projection; Page 6 (3) Designed to be self-propelled or permanently towable by a light duty truck;and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,travel, or seasonal use. "Repetitive loss" means flood-related damages sustained by a structure on two occasions during a ten-year period for which the costs of repairs at the time of each such flood event on the average, equals or exceeds twenty-five percent of the market value of the structure before the damage occurred. "Special flood risk zone" means the Regulatory Floodway and zones A and AE-2 floodplain of the Skokomish River,Vance Creek and tributaries, as identified on flood insurance rate maps 530115 8175 9 and 530115 0180 DPanels 0425 0428 0429 0433 0434 0436 0437, 0441, and 0442, bot dated DeeembeF a 1999june 20,2019,or as amended. "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement,footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For substantial improvement,the actual start of construction means the first alteration of any wall,ceiling,floor,or other structural part of a building,whether or not the alteration affects the external dimensions of the building. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Substantial damage"means damage of any origin sustained by a structure whereby cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. "Substantial improvement" means any Fepair,reconstruction, rehabilitation, addition or other improvement of a structure,taking place during a ten-year period, in which the cumulative cost equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed.eMeF (1) Q F e the i,., not 8F FepaiF_isstaFted,v n u (2) if the StFUEWFe has been damaged and is being FeSteFed, befGFe the darnage-eceuFFed. POF the 11substantial " alteFation of whetheF 1ceiling, ! I OF t that It t' affects the teffla I dimensiens of the 5t. ,-t„ee This teff" includes 5tFW6tUFes whieh have ineUFFed n tive n "substantial damu The term does not, however, include either: (1) Any project for improvement of a structure to comply{-vAthcorrect existing violations of state or local health, sanitary,or safety code specifications which have been identified by the local code Page 7 enforcement official, and which was in existence pFiGF W the damage event OF iffiffevement, and which aFe sole! are the minimum necessary to assure safe living conditions,or (2) Any alterations of a "historic structure," listed an the "' t ' RegisteF of HisteF`" Plat Stat i venter,. Of H;.-+,,.;,. Plae provided that the alteration will not preclude the structure's continued designation as a "historic structure." "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations A structure or other development without the elevation certificate other certifications or other evidence of compliance required by the community's floodplain management ordinance is presumed to be in violation until such time as that documentation is provided To remedy a violation means to bring the structure or other development into full or partial compliance with State or local floodplain management regulations or,if this is not possible,to reduce the impacts of its non-compliance Ways that impacts may be reduced include protecting the structure or other affected development from flood damages implementing the enforcement provision of the ordinance or otherwise deterring future similar violations or reducing Federal financial exposure with regard to the structure or other development. "Water surface elevation" means the height in relation to the National Geodetic Vertical Datum (NGVD)of 1929 (or other datum where specified)of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas. "Wetlands" refer to the definition in the Mason County Resource Ordinance. Table of Acronyms Used in the Ordinance Sections FEMA: Federal Emergency Management Agency FIRM: Flood Insurance Rate Map NRCS: Natural Resources Conservation Service RCW: Revised Code of Washington WAC:Washington Administrative Code WSDOT: Washington State Department of Transportation Article III. - General Provisions 14.22.050—Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of Mason County. These lands are designated as frequently flooded areas by the Mason County Resource Ordinance pursuant to RCW 36.70A. 14.22.060— Basis for establishing the areas of special flood hazard. Page 8 The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Mason County, Washington and Incorporated areas" dated June 20, 2019, with accompanying flood insurance rate maps, and any subsequent amendments whiGh May "^""f`eF be made by FEMA or Federal insuFance thereto, is hereby adopted by reference and declared to be a part of this chapter.The Flood Insurance Study is on file at the Mason County Community Services Division Planning Department Building 8 615 W. Alder Street; Shelton, WA. The best available information for flood hazard area identification as outlined in Section 14.22.1904PL21 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section 14.22.190. 14.22.070—Penalties for noncompliance. No structure or land shall hereafter be constructed, located,extended,converted,or altered without full compliance with the terms of this chapter and other applicable regulations.Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one thousand dollars, imprisoned for not more than sixty days,or both,for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent Mason County from taking such other lawful action as is necessary to prevent or remedy any violation.The Mason County Development Code Chapter 15.13 provides for enforcement of violations to permits. 14.22.080—Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 14.22.090—Interpretation. In the interpretation and application of this chapter,all provisions shall be: (1) Considered as a minimum requirements; (2) Deemed neither to limit nor repeal any other powers granted under state statutes. 14.22.100—Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Mason County, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. 14.22.110—Severability. Page 9 If any section, clause, sentence, or phrase of the chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter. Article IV. - Administration 14.22.120—Establishment of development permit. (a) Development Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 14.22.060. The permit shall be for all structures including manufactured homes, and for all development including fill and other activities, as set forth in the "definitions." If no other county permit is required, a development permit shall be required. (b) Application for Development Permit. Application for a development permit shall be made on forms furnished by Mason County,which can be obtained from the Mason County DepaFtMent Division of Community ^ev „tServices.Application materials may include, but not be limited to, plans in triplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question and existing or proposed structures, fill, storage or materials, drainage facilities, and the location of the foregoing. Specifically,the following information is required: (1) Elevation in relation to base flood elevation,of the lowest floor(including basement)of all new or substantially improved structures; (2) Elevation in relation to base flood elevation to which any structure "ha -bee*will be floodproofed; (3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section & 14.22.170(2)4; and (4) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. 14.22.130—Designation of the administrator. The administrator as defined in 14.22.040 Definitions is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with ordinance provisions. The administrator may consult with other departments and/or agencies with expertise to assist in permitting decisions. 14.22.140—Duties and responsibilities of the administrator. Duties of the administrator shall include, but not be limited to: (1) Permit Review. (A) Review all development permits to determine that the permit requirements of this chapter have been satisfied. (B) Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required. Page 10 (C) Review all development permits to determine if the proposed development is located in the floodway, or special flood risk zone as defined in Section 14.22.040. If located in the floodway, assure that the provisions of Section 14.22.190 are met. If located in a special flood risk zone, assure that the provisions of Section 14.22.200 are met. (D) Review applications for emergency permits.An emergency shall be defined as set forth in WAC 173.27.040(2)d,which includes the following language: "Emergency construction necessary to protect property from damage by the elements. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this Ordinance. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be an appropriate means to address the emergency situation, upon abatement of the emergency situation,the new structure shall be removed or any permit which would have been required; absent an emergency, pursuant to Chapter 90.58 RCW of these regulations or the local master program, . shall be obtained." (2) Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 14.22.060, basis for establishing the areas of special flood hazard, the administrator shall obtain,review,and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Sections 14.22.170, Specific Standards, 14.22.190 Floodways, and 14.22.200 Special Flood Risk Zone. (3) Information to be Obtained and Maintained. (A) Where base flood elevation data is provided through the flood insurance study or required as in Subsection (2), obtain and record the actual (as-built) elevation (in relation to base flood elevation) of the lowest floor, including basement, of all new or substantially improved structures, and whether or not the structure contains a basement. (B) For all new or substantially improved floodproofed structures: (i) Verify and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed, and (ii) Maintain the floodproofing certifications required in Section 14.22.120(b)(3). (C) Maintain for public inspection all records pertaining to these ordinance provisions. (4) Alteration of Watercourses. (A) Notify adjacent communities and property owners, and the Washington State Department of Ecology and Washington State Department of Fish and Wildlife, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (B) Require that maintenance is provided within the alteFed OF Felecated P90"On of said teFGG Fye so that the flood carrying capacity of the altered or relocated portion of said watercourse is not diminishedmaintained. (5) Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be conflict between a mapped boundary and actual field conditions). The person contesting the Page 11 location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided by Section 14.22.150. However, if it is clear from examining the FIRM map that the subject property or development is located within the area of special flood hazard, the person contesting the location of the boundary shall apply to FEMA for a map amendment. (6) Requirement to Submit New Technical Data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions As soon as practicable but not later than six months after the date such information becomes available a community shall notify the Administrator of the changes by submitting technical or scientific data in accordance with this part Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions,risk premium rates and flood plain management requirements will be based upon current data. (7) Prerequisites for the Sale of Flood Insurance. Upon occurrence notify the Federal Insurance Administrator in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce flood plain management regulations for a particular area In order that all accurately represent the community's boundaries include within such notification a copy of a map of the community suitable for reproduction clearly delineating the new corporate limits or new area for which the community has assumed or relinquished flood plain management regulatory authority. 14.22.150—Variance procedure. (a) Appeal Board. (1) The hearing examiner shall act as the board of appeals to hear and decide appeals and requests for variances from the requirements of this chapter, as provided by Title 15, Mason County Code. (2) The board of appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the administrator in the enforcement or administration of this chapter. (3) Those aggrieved by the decision of the board of appeals, or any taxpayer, may appeal such decision to the superior court, as provided in Chapter 36.70 RCW. (4) In passing upon such applications, the board of appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: (A) The danger that materials may be swept onto other lands to the injury of others; (B) The danger to life and property due to flooding or erosion damage; (C) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (D) The importance of the services provided by the proposed facility to the community; (E) The necessity to the facility of a waterfront location,where applicable; (F) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; Page 12 (G) The compatibility of the proposed use with existing and anticipated development; (H) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (1) The safety of access to the property in times of flood for ordinary and emergency vehicles; (J) The expected heights,velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (K) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer,gas, electrical,water systems, streets and bridges. (L) The potential impacts to fish and riparian habitat, as provided for within the Fish and Wildlife Habitat Conservation Areas chapter of the Resource Ordinance. (5) Upon consideration of the factors of Subsection 4(a)and the purposes of this chapter,the board of appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (6) The administrator shall maintain the records of all appeal and variance including justification for their issuance, actions and report any variances to the Federal Insurance AdministratoriEM upon request. (b) Conditions of Variances. (1) Generally,the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing Subsections(a)(4)(A)through (a)(4)(L) of this section have been fully considered.As the lot size increases,the technical justification required for issuing the variance increases. (2) Variances may be issued for the ,repair or rehabilitation OF resteration-of historic structures listed on the National RegisteF Of Histeric Places oF the State InveRteFy of HiStE)FiG —pon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (3) Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard,to afford relief. (5) Variances shall only be issued upon: (i) A showing of good and sufficient cause; (ii) A determination that failure to grant the variance would result in exceptional hardship to the applicant; Page 13 (iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Subsection (a)(4) of this section, or conflict with existing local laws or ordinances. (6) Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure,its inhabitants,economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. Variances shall not be granted for residential or commercial construction in floodways designated by this chapter. deteFmined that suEh action will have low damage potential, complies with all etheF vaFffiance standaMs. (87) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Article V. - Provisions for Flood Hazard Reduction 14.22.160—General standards. In all areas of special flood hazards as shown on the flood insurance rate maps (FIRM)and as defined in Section 14.22.040,the following standards are required: (1) Anchoring: A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy. B. All manufactured homes must likewise be anchored to prevent flotation,collapse,or lateral movement,and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. (Reference "FEMA P95 - Protecting Manufactured Homes from Floods and Other Hazards"guidebook for additional techniques.) (2) Construction Materials and Methods: A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. C. Electrical, heating,ventilation, plumbing,and air conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Page 14 (3) Utilities: A. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. B. The proposed water well shall be located on high ground that is not in the floodway. It shall be protected from a one hundred-year flood and from any surface or subsurface drainage capable of impairing the quality of the ground water supply (WAC 173-160-171). C. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. D. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (4) Subdivision Proposals: A. All subdivision proposals shall be consistent with the need to minimize flood damage. B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. D. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least fifty lots or five acres (whichever is less). E. Proposals for subdivisions or boundary line adjustments shall not result in any lot which is nonconforming to the provisions of this chapter. F. Subdivisions located entirely within a floodplain shall not be allowed increased density through a performance or clustered subdivision as described in Title 16. A performance subdivision may be used for parcels located partially within a floodplain provided all allowed building areas are located outside the floodplain, and all other regulatory provisions are met. When feasible, lots shall be designed to locate building sites outside the floodplain. G. No parcel shall be created that would require a variance before new residential or commercial construction would be allowed. (5) Review of Building Permits: Where elevation data is not available either through the flood insurance study or from another authoritative source (Section 14.22.140(2)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding.The test of reasonableness is a local judgment and includes use of historical data, high watermarks, photographs of past flooding,etc.,where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates. 14.22.170—Specific standards. In all areas of special flood hazards and special flood risk zones where base flood elevation data has been provided as set forth in Section 14.22.060, Basis for establishing the areas of special flood hazard or Page 15 Section 14.22.140(2), Use of other base flood data, the following provisions are required (unless other adopted Mason County Codes are more restrictive the more restrictive shall apply): (1) Residential Constructioni. A. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above base flood elevation. B. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: i. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; ii. The bottom of all openings shall be no higher than one foot above grade; iii. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry an exit of floodwaters. C. If crawlspaces are used and have enclosed areas or floors below the base flood elevation, then the following requirements apply: i. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the effects of buoyancy can usually be addressed though the required openings discussed in the next bullet. Because of hydrodynamic loads,crawlspace construction is not recommended in areas with flood velocities greater than five feet per second unless the design is reviewed by a qualified design professional,such as a registered architect or professional engineer. Other types of foundations are recommended for these areas. ii. The crawlspace is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. The bottom of each flood vent opening can be no more than one foot above the lowest adjacent exterior grade. For guidance on flood openings, see FEMA Technical Bulletin 1, August 2008, Openings in Foundation Walls and Walls of Enclosures. iii. Crawlspace construction is not permitted in V zones.Open pile or column foundations that withstand storm surge and wave forces are required in V zones. iv. Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawlspace used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE. The recommended construction practice is to elevate the bottom of joists and all insulation above BFE. Insulation is not a flood-resistant material. When insulation becomes saturated with floodwater, the additional weight often pulls it away from the joists and flooring. Ductwork or other utility systems located below the insulation may also pull away from their supports. For more detailed guidance on Page 16 flood-resistant materials see FEMA Technical Bulletin 2, August 2008, Flood Damage- Resistant Materials Requirements. v. Any building utility systems within the crawlspace must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular, must either be placed above the BFE or sealed from floodwaters. For further guidance on the placement of building utility systems in crawlspaces, see FEMA P-348, Protecting Building Utilities from Flood Damage, 1999. vi. The interior grade of a crawlspace below the BFE must not be more than two feet below the lowest adjacent exterior grade (LAG), shown as D in Figure 1. vii. The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall must not exceed four feet (shown as L in Figure 1) at any point.The height limitation is the maximum allowable unsupported wall height according to the engineering analyses and building code requirements for flood hazard areas (see the section Guidance for Pre-Engineered Crawlspaces, on page 7 of FEMA Technical Bulletin 11-01). This limitation will also prevent these crawlspaces from being converted into habitable spaces. viii. There must be an adequate drainage system that removes floodwaters from the interior area of the crawlspace. The enclosed area should be drained within a reasonable time after a flood event.The type of drainage system will vary because of the site gradient and other drainage characteristics,such as soil types. Possible options include natural drainage through porous,well-drained soils and drainage systems such as perforated pipes, drainage tiles, or gravel or crushed stone drainage by gravity or mechanical means. ix. The velocity of floodwaters at the site should not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used. X. Below-grade crawlspace construction in accordance with the requirements listed above will not be considered basements. Page 17 FW Joist • . Foundalion Wall L 4 It Maxinnum Flood Vant • _ Lowest A*cennt Exterior Grade PG) craInterior s Figure 1. Requirements regarding below-grade crawlspace construction (2) Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure, except those defined as an accessory structure, shall either have the lowest floor, including basement, elevated one foot or more above the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: A. Be floodproofed so that below one foot above the base flood level, the structure is watertight with walls substantially impermeable to the passage of water; B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; C. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans.Such certifications shall be provided to the official as set forth in Section 14.22.130(3)(B); D. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (1)(B) of this section; E. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g. a building flood proofed to one foot above the base flood level will be rated as at the base flood level). _(3) Accessory Structures. Construction or substantial improvement of accessory structures, as defined in Section 14.22.040,shall either have the lowest floor elevated one foot or more above the level of the base flood elevation;or must meet the following criteria: A. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. B. The bottom of all openings shall be no higher than one foot above grade. Page 18 C. Openings may be equipped with screens, louvers, or other coverings provided they may permit the automatic entry and exit of flood waters. D. Structures shall not be designed for human habitation. E. Structures shall be firmly anchored to prevent flotation which may result in damage to other structures. F. Service facilities such as electrical and heating equipment shall be elevated or floodproofed. (4) Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base floodplain. Construction of new critical facilities shall be permissible within the base floodplain if no feasible alternative site is available.Critical facilities constructed within the base floodplain shall have the lowest floor elevated to three feet or more above the level of the base flood elevation at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. Access routes elevated to or above the level of the base floodplain shall be provided to all critical facilities to the extent possible. (5) Manufactured Homes. All manufactured homes to be placed or substantially improved within the flood plain shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement in accordance with the provisions of Section 14.22.160(1)(B). In unnumbered A zones, all manufactured homes shall be elevated such that their lowest floor is at least two feet above the highest adjacent elevation. (6) Recreational Vehicles. Recreational vehicles placed on sites within the flood plain shall either: (A) Be on site for fewer than one hundred eighty consecutive days; (B) Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices and have no permanently attached additions. (C) Meet the requirements of (3) and the elevation and anchoring requirements for manufactured homes. 14.22.180—AE and Al-30 zones with base flood elevations but no floodways. In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 14.22.190—Floodways. Located within areas of special flood hazard established in Section 14.22.170 are areas designated as floodways.Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply. Page 19 (1) Encroachments are prohibited including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) Construction or reconstruction of residential structures is prohibited within designated floodways, except for repairs, reconstruction, or improvements to structures which do not increase the ground floor area;and repairs, reconstruction,or improvements to a structure,the cost of which does not exceed fifty percent of the market value of the structure either,(a)before the repair, reconstruction, or repair is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to correct existing violations of health, sanitary, or safety codes which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or on structures identified as historic places shall not be included in the fifty-percent determination. (3) If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article V, Provisions for flood hazard reduction. 14.22.200—Special flood risk zone—Floodplain of the Skokomish River,Vance Creek and tributaries. (a) Special Flood Risk Zone. A special flood risk zone is hereby established for the Regulatory Floodway and zones A and AE2floodplain of the Skokomish River,Vance Creek and tributaries,and is illustrated on FIRM map Community Panels #530115 0175^ a #`30115 018GD Panels 0425, 0428, 0429, 0433 0434 0436,0437,0441, and 0442, (beth Deeem"^r 10 June 20, 2019).The special flood risk zone is hereby designated as a floodway and the entire floodway is hereby designated an avulsion risk area. Construction of a new structure or an expansion of the square foot area of an existing structure is prohibited in this designated floodway. For purposes of this subsection, the term structure shall not include a gas or liquid storage tank. (b) Dikes, Levees and Other Water Flow Modification Structures. (1) Areas where flood water releases and overflows from the main Skokomish River channel shall not be modified, meaning levied or diked, in any manner which would result in increased stream flow in the main channel. (2) Maintenance to existing legally established (constructed by past permits or historically occurring) levees, dikes, and other water flow modification structures shall be permitted with appropriate approvals from all affected agencies,provided that the maintenance does not result in increased stream flow within the main channel (as verified by a hydraulic engineer), and the maintenance is consistent with provisions and recommendations of the adopted Skokomish River Comprehensive Flood Hazard Management Plan. Emergency alterations to dikes and levees necessary for the protection of human life and property shall be permitted as provided for within the applicable regulatory permit processes. (3) If the public works director finds an imminent flood threat to the public health, safety, and welfare exists based on: (A) A flow capacity of seventy percent of the one hundred-year flood stage for the specific river or creek, or Page 20 (B) A rainfall within the last forty-eight hours in excess of four inches, or (C) Issuance of a flood warning by the National Weather Service for the specific area, or (D) A significant isolated blockage occurs such as a log jam or slide,that impacts the geography or water velocity such that an overflow back path has or is likely to occur; Then the public works director may recommend to the board of commissioners that they declare an emergency flood condition, which shall then authorize the county to make on-site inspections on private property of dikes and other impediments as necessary, and to direct or design immediate or subsequent improvement, repair, removal, or modification to said dikes, levees, or other impediments, as subject to other regulations; and shall maintain a record of the condition and structure of said dikes. (4) Alterations to dikes and levees, and bank stabilization efforts that would prevent legitimate potential emergency situations shall be permitted,provided that all affected agencies have been notified and appropriate permits have been acquired. (5) Activities related to the repair, maintenance or construction of bank stabilization, dikes, levees or other related development are a permit required activity under Section 14.22.120 of this chapter, are subject to all provisions for development standards within this chapter, and shall provide for appropriate inspections during and following construction and/or repair. Construction shall meet MRCS standards, as recommended within the Skokomish River Comprehensive Hood Hazard Management Plan, or as revised. (6) Projects proposed by government agencies under this section as recommended within the Skokomish River Comprehensive Flood Hazard Management Plan shall be evaluated on a case- by-case basis. The administrator shall include the following considerations in making an evaluation: A. Recommendations of applicable study; B. Provisions of this chapter; C. Project-specific engineering; D. Public benefit; E. All applicable regulations. (7) All approved permits shall require the monitoring of performance which shall include, at a minimum, a post-construction inspection for compliance with the conditions of approval. Additional inspections may be required when recommended by the engineering report or the county engineer. Monitoring shall be established as a condition of approval. (8) Dike monitoring program. Information on the condition of levees, dikes, or other structures ascertained from successive on-site inspections shall be maintained by the county for the purpose of updating and cataloging existing conditions as part of their ongoing flood and dike management program. Dikes shall be monitored for safety purposes. Dikes shall be inspected by the public works director at least biennially. The public works director and his designee is authorized to enter onto private or public land for the sole purpose of inspecting dikes for flood safety and for no other purpose.The inspections shall be done between the 8:00 a.m. and 4:00 p.m. time period, with notice to the property owner sent by certified mail at least fourteen days in advance, unless there is a flood emergency. Page 21 The public works director shall report on the condition of the dikes to the board of county commissioners at the interval of once every two years.The report shall include an assessment of the condition and structure of the dikes; an analysis of whether any improvements needs to be done; a statement on the ability,or lack thereof,to inspect the dikes;and any other matter of importance to dike inspection and monitoring. The report shall also be based on the inspections and information gathered from dike monitoring. Existing dikes monitored shall be listed or be listed by reference to outside reports. (c) Bridges and Roadways. (1) Areas where flood water releases and overflows from the main Skokomish River channel shall not be modified by construction or reconstruction of bridges or roadways, in any manner which would result in increased stream flows or flood elevations(as verified by a hydraulic engineer). (2) Maintenance to existing legally established (constructed by past permits or historically occurring)bridges and roadways shall be permitted with appropriate approvals from all affected agencies, provided that the maintenance does not result in increased stream flows or flood levels (as verified by a hydraulic engineer), and the maintenance is consistent with provisions and recommendations of the adopted Skokomish River Comprehensive Flood Hazard Management Plan. Emergency alterations to bridges and roadways necessary for the protection of human life and property shall be permitted as provided for within the applicable regulatory permit processes. (3) If the public works director finds an imminent flood threat to the public health, safety, and welfare exists based on: (A) A flow capacity of seventy percent of the one hundred-year flood stage forthe specific river or creek, or (B) A rainfall within the last forty-eight hours in excess of four inches, or (C) Issuance of a flood warning by the National Weather Service for the specific area, or (D) A significant isolated blockage occurs such as a log jam or slide,that impacts the geography or water velocity such that an overflow bank path has or is likely to occur; Then the public works director may recommend to the board of commissioners that they declare an emergency flood condition, which shall then authorize the county to make on-site inspections on private property of bridges and roadways and other impediments as necessary, and to direct or design immediate or subsequent improvement, repair, removal, or modification to said impediments,as subject to other regulations; and shall maintain a record of such actions. (4) Alterations to bridges and roadways that would prevent legitimate potential emergency situations shall be permitted, provided that all affected agencies have been notified and appropriate permits have been acquired. (5) Activities related to the repair, maintenance or construction of bridges and roadways or other related development are a permit required activity under Section 14.22.120 of this chapter, are subject to all provisions for development standards within this chapter, and shall provide for appropriate inspections during and following construction and/or repair. (6) Projects proposed by government agencies under this section as recommended within the Skokomish River Comprehensive Flood Hazard Management Plan shall be evaluated on a case- Page 22 by-case basis. The administrator shall include the following considerations in making an evaluation: (A) Recommendations of applicable study; (B) Provisions of this chapter; (C) Project-specific engineering; (D) Public benefit; (E) All applicable regulations. (7) All approved permits shall require the monitoring of performance which shall include, at a minimum, a post-construction inspection for compliance with the conditions of approval. Additional inspections may be required when recommended by the engineering report or the county engineer. Monitoring shall be established as a condition of approval. Projects proposed by WSDOT under this section and receiving Federal Highway Administration funding shall be consistent with the recommendations within the Skokomish River Comprehensive Flood Hazard Management Plan and shall be evaluated on a case by case basis. The administrator shall include the following considerations in making an evaluation and issuing a permit: (A) Recommendations of project specific studies prepared by or on behalf of WSDOT; (B) All other provisions of this ordinance do not apply; (C) Project specific engineering shall be completed in accordance with the WSDOT Design Manual; (D) Provide a public benefit; (E) Provide less than a cumulative one foot rise in the proposed one hundred-year flood fringe as determined by a step backwater analysis or higher.The cumulative total rise will consider projects that have been approved as well as projects that are planned to be approved. (F) Compliance with all applicable state and federal regulations. 14.22.210—Standards for Shallow Flooding Areas (AO ZONES). Shallow flooding areas appear on FIRMS as AO zones with depth designations. The base flood depths in these zones range from 1 to 3 feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas,the following provisions apply: (1) New construction and substantial improvements of residential structures and manufactured homes within AO zones shall have the lowest floor (including basement) elevated above the highest adjacent grade to the structure, one foot or more above* the depth number specified in feet on the community's FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is specified). (2) New construction and substantial improvements of nonresidential structures within AO zones shall either: Page 23 (i) Have the lowest floor(including basement) elevated above the highest adjacent grade of the building site, one foot or more above* the depth number specified on the FIRM (at least two feet if no depth number is specified); or (ii) Together with attendant utility and sanitary facilities, be completely flood proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer, or architect as 14.22.170. (3) Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (4) Recreational vehicles placed on sites within AO Zones on the community's FIRM either: (i) Be on the site for fewer than 180 consecutive days, or (ii) Be fully licensed and ready for highway use, on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or (iii) Meet the requirements of(1) and (3) above and the anchoring requirements for manufactured homes. 14.22.220—Coastal High Hazard Areas. Located within areas of special flood hazard established in 14.22.060 are Coastal High Hazard Areas, designated as Zones V1-30, VE and/or V. These areas have special flood hazards associated with high velocity waters from surges and,therefore, in addition to meeting all provisions in this ordinance, the following provisions shall also apply: (1) All new construction and substantial improvements in Zones V1-30 and VE (V if base flood elevation data is available) on the community's FIRM shall be elevated on pilings and columns so that: (i) The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated one foot or more above the base flood level;and (ii) The pile or column foundation and structure attached thereto is anchored to resist flotation,collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year(100-year mean recurrence interval). A registered professional engineer or architect shall develop or review Page 24 the structural design, specifications and plans for the construction,and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of(1)(i) and (ii). (2) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor(excluding pilings and columns)of all new and substantially improved structures in Zones V1-30,VE, and V on the community's FIRM and whether or not such structures contain a basement. Mason County Community Services shall maintain a record of all such information. (3) All new construction within Zones V1-30,VE, and V on the community's FIRM shall be located landward of the reach of mean high tide. (4) Provide that all new construction and substantial improvements within Zones V1-30, VE, and V on the community's FIRM have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot(either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the design proposed meets the following conditions: (i) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and (ii) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non- structural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year(100-year mean recurrence interval). If breakaway walls are utilized, such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. (5) Prohibit the use of fill for structural support of buildings within Zones V1-30,VE, and V on the community's FIRM. (6) Prohibit man-made alteration of sand dunes within Zones V1-30,VE, and V on the community's FIRM which would increase potential flood damage. Page 25 (7) All manufactured homes to be placed or substantially improved within Zones V1-30, V, and VE on the community's FIRM on sites: (i) Outside of a manufactured home park or subdivision, (ii) In a new manufactured home park or subdivision, (iii) In an expansion to an existing manufactured home park or subdivision,or (iv) In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; shall meet the standards of paragraphs (1)through (6) of this section and manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within Zones V1-30,V, and VE on the FIRM shall meet the requirements of 14.22.170. (8) Recreational vehicles placed on sites within Zones V1-30, V, and VE on the community's FIRM either: (i) Be on the site for fewer than 180 consecutive days, or (ii) Be fully licensed and ready for highway use, on its wheels or jacking system,attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or (iii) Meet the requirements of 14.22.120(development permit Required) and paragraphs(1)through (6) of this section. Page 26 8.52.130 - Frequently Flooded Areas. The purpose of this section is to prevent the potential for further aggravation of flooding problems and to guide development in areas vulnerable to flooding. (A) Classification. The following shall be classified frequently flooded areas: Frequently flooded areas are identified by the Federal Emergency Management Agency as those areas within the one hundred year floodplain in a report entitled "The Flood Insurance Study for Mason County" dated May 17, 1908, and revised December 8, 1949june 20, 2019, with accompanying Flood Insurance Rate Maps, and any subsequent amendments thereto, and should be utilized as a guide to development. The Skokomish River and floodplain as shown in the Comprehensive Floe HazaFd Management Plan fOF the Skel(emish River, FebFuaFy 1997on Flood Insurance Rate Map Community Panels# 530115 0425 0428 0429, 0433, 0434, 0436, 0437,0441 and 0442. Avulsion risk areas as identified under the provisions of the Mason County Flood Damage Prevention Ordinance. (B) Designation. Lands of Mason County meeting the classification criterion for frequently flooded areas are hereby designated, under RCW 36.70A.060 and RCW 36.70A.170, as frequently flooded areas requiring immediate protection from incompatible land uses. (C) Land Use. (1) Land uses in frequently flooded areas shall be in compliance with the applicable provisions and requirements of all ordinances as referenced in Section 8.52.050, or as amended and updated. (2) The following uses within frequently flooded areas are subject to Mason Conditional Environmental Permits: (A) Radio and transmission towers, resource-based industries, schools,trailer-mix concrete plants, sawmills, marinas,fire stations,fuel storage tanks, and commercial outdoor recreation. (B) Other uses and activities determined by the Director that are likely to pose a threat to public health, safety, and general welfare if located within a frequently flooded area. (D) Development Standards. Mason County flood damage prevention ordinance provides specific regulations and permit requirements for development conducted within the frequently flooded areas of Mason County. ORDINANCE NUMBER AMEN DM ENT TO MASON COUNTY CODE TITLE 14 AND TITLE 8 ORDINANCE amending Mason County Code Title 14, Chapter 14.22, Flood Damage Prevention and Title 8, Chapter 8.52, Section 8.52.130 Frequently Flooded Areas. WHEREAS, under the authority of Chapter 86.16 RCW and Chapter 36.70A RCW Mason County has the authority to administer floodplain management regulations; and WHEREAS, the Federal Emergency Management Agency (FEMA) updated the Flood Insurance Study (FIS) and the Flood Insurance Rate Maps (FIRMS) for unincorporated Mason County identifying the Special Flood Hazard Areas (SFHAs); and WHEREAS, on August 30, 2016, FEMA provided Mason County with Preliminary copies of the FIS report and FIRMS that identify existing flood hazards in Mason County, including Base Flood Elevations (BFEs); and WHEREAS, on July 18, 2017 Mason County adopted Ordinance 41-17 amending Title 14, Chapter 14.22 Flood Damage Prevention to regulate development based on the Preliminary maps as Best Available Science, when the Preliminary FIRMS are more restrictive than the 1988 and 1998 FIRMs; and WHEREAS, on May 31, 2018, FEMA provided Mason County with revised Preliminary copies of the FIS report and FIRM; and WHEREAS, on December 20, 2018, Mason County was formally notified by FEMA of the Final Flood Hazard determination for the Unincorporated Areas of Mason County in compliance with Title 44, Chapter I, Part 67, Section 67.11 Code of Federal Regulations (CFR); and WHEREAS, the Planning Department amended Title 14, Chapter 14.22 Flood Damage Prevention in compliance with the Code of Federal Regulations (44 CFR 60.3) and Title 8, Chapter 8.52, Section 8.52.130 Frequently Flooded Areas in compliance with the Growth Management Act; and WHEREAS, the Board of County Commissioners conducted a public hearing regarding Mason County Code Title 14, Chapter 14.22 and Title 8, Chapter 8.52, Section 8.52.130 on June 18, 2019; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendments to the Mason County Code Title 14, Chapter 14.22 Flood Damage Prevention as described in ATTACHMENT A and Title 8, Chapter 8.52, Section 8.52.130 Frequently Flooded Areas as described in ATTACHMENT B. DATED this day of 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner z MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: May 28, 2019 Agenda Item # Commissioner staff to complete) BRIEFING DATE: May 6, 2019 & May 20, 2019 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Set a Public Hearing on June 18, 2019 at 9:15 a.m. to consider approval of budget supplemental appropriations and amendments to the 2019 budget. Background: Requests for 2019 budget supplemental appropriations and amendments. Recommended Action: Request to set a public hearing for June 18th at 9:15 a.m. in order to consider the approval of the following supplemental appropriations and amendments to the 2019 budget: Budget Supplemental Appropriations: $5,000 Increase to WSU Extension 001.010 WA State Dept of AG- Giant Hogweed $5,000 Increase to Salary & Benefit Extra Help/Seasonal BARS lines. $1,020 Increase to Clerk 001.070 AOC Equipment Funding $1,020 Increase to IT Trackable Equipment $7,000 Increase to Sheriff 001.205 —Off Duty Patrol/USDA $7,000 Increase to Overtime $225,593 Increase to Therapeutic Court 001.256 SAMHSA Grant $225,593 Increase to various salary, benefit, and operating BARS lines $449,550 Increase to Belfair Sewer Fund 413 WA State Dept of Commerce $449,550 Increase to capital expenditures BARS lines $9,634 Increase to Sheriff Department 001.205 Skokomish Tribal Contract $9,634 Increase to Overtime $439 Increase to Sheriff Department 001.205 Off Duty Patrol / QFC $439 Increase to Overtime Total Budget Supplemental Appropriation Requests: General Fund $248,686 Total Budget Supplemental Appropriation Requests: Belfair Sewer Fund $449,550 Budget Amendment Requests: $392 from Current Expense Non-Departmental 001.320— Ending Fund Balance to $392 Clerk 001.070 —IT Trackable Equipment J:\Budget Office\Briefing,Agenda,& Public Hearing Items\Budget Hearings\2019\6.18.19 Budget Hearing\Budget Action Agenda for 2018 Hearing 6.18.19.doc County's portion of AOC Equipment Funding for IT Equipment $40,000 from Current Expense Non-Departmental 001.320 — Ending Fund Balance to $40,000 Clerk 001.070 —Judicial Support Specialist I One new FTE in the Clerk's Office, approved by the BOCC on 3/5/19. (Changed amount from $45,520 to $40,000 from May 6th briefing) $50,000 from Utilities Funds 403,411,412, &413 — Ending Fund Balance to $50,000 Utilities Funds—Combined Sewer &Water OIC One new FTE in Utilites & Solid Waste Operating, approved by the BOCC on 3/5/19. $40,000 from Current Expense Non-Departmental 001.320 — Ending Fund Balance to $40,000 Current Expense Various Departments—Salary BARS lines Current Expense Funds, 1.5% Non-Represented General Wage Increase, Res. No. 25-19. (Changed amount from $32.5k to $40k to account for FICA & PERS) $29,000 from Various Special Funds— Ending Fund Balance to $29,000 Various Special Funds— Salary BARS lines Special Funds, 1.5% Non-Represented General Wage Increase, Res. No. 25-19. (Changed amount from $23.5k to $29k to account for FICA & PERS) $37,915 from Current Expense Non-Departmental 001.320 — Ending Fund Balance to $13,645 Prosecutor 001.180 — Deputy Prosecutor $22,245 Prosecutor 001.180 — Prosecutor $2,025 Prosecutor 001.180 — Deputy Prosecutor Tie CDPA salary with 75% of SCJ salary, Res. No. 22-19 Increase Prosecutor's salary effective 7/1/19 Increase Deputy Prosecutor's salary based on CBA change effective 1/1/19 $62,000 from Current Expense Non-Departmental 001.320 — Ending Fund Balance to $62,000 Community Development 001.125 — Plans Examiner salary & benefit BARS lines One new FTE in DCD, approved by the BOCC on 3/5/19. $5,106 from Current Expense Non-Departmental 001.320— Ending Fund Balance to $5,106 Long Range Planning BARS lines Land Use Hurst Decision — MOU with Squaxin Island Tribe $28,780 from Current Expense Non-Departmental 001.320 — Ending Fund Balance to $10,030 District Court 001.100 —Judges salary & benefit BARS lines Increase to DCJ salary effective 7/1/19. $18,750 Superior Court 001.250—Judges salary & benefit BARS lines Increase to DC] &SCJ salaries effective 7/1/19 $2,000 from Clerk 001.070—Copier Rental to $2,000 Superior Court 001.250 — Copier Rental Due to re-evaluating copier usage by departments $1,093 from District Court 001.100 —JAVS Maintenance to $1,093 Superior Court 001.250 —JAVS Maintenance Due to re-evaluating the distribution of JAVS maintenance costs to departments $118,004 from Sales & Use Tax Fund 103— Ending Fund Balance to $118,004 City of Shelton Sewer Payments To account for 2018 budgeted sewer payment made in 2019 $1,500 from Current Expense Non-Departmental 001.320 — Ending Fund Balance to $1,500 Support Services 001.090— Salaries and Benefits Extra Help to cover PBX during vacation time $1,420 from Family Law Facilitator Fund 138—Transfer Out to $1,420 Current Expense 001.310 —Transfers In To close out Family Law Facilitator EFB to Current Expense due to fund deletion Total Budget Amendment Requests: General Fund $214,273 Total Budget Amendment Requests: Special & Other Funds $198,424 J:\Budget Office\Briefing,Agenda,& Public Hearing Items\Budget Hearings\2019\6.18.19 Budget Hearing\Budget Action Agenda for 2018 Hearing 6.18.19.doc