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Home My WebLink About2021/03/30 - Regular Packet 0110116 MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: March 30, 2021 No. 4.1 ITEM: Correspondence 4.1.1 Received information on a consumer complaint from the Attorney General of Washington. 4.1.2 A letter was received from Carole Washburn and Verne Gibbs regarding the Belfair sewer line. 4.1.3 Tahja Engineering Inc. sent in a letter regarding the Shoreline Building Setback from Lake; Lake Cushman Div. 4, Lot 115. 4.1.4 Barbara Smith sent in a Mason County Board of Equalization &Timberland Regional Library Board of Trustee Advisory Board Applications. 4.1.5 Washington State Liquor and Cannabis Board sent in a liquor license for Briggsy Golf. 4.1.6 Received a letter from Chief Kevin Hanson regarding the use of body scanners and vacant Correction Deputy positions. 4.1.7 Jennifer Baria from the office of EDC of Mason sent in a letter regarding Associate Development Organizations designation. 4.1.8 Federal Energy Regulatory Commission sent in a letter regarding Allegation of Non-Compliance. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask fcF Clerk D.LOM40rn A.FA v)See W.94a4-heu.)s 0 Bob Ferguson ATTORNEY GENERAL OF WASHINGTON 800 Fifth Avenue, Suite 2000e Seattle, WA 98104-3188• (206)464-6684 March 5, 2021 Mason County Board of Commissioners 411N5thSt Shelton,WA 98584 RE: Unknown File#: 589901 Dear Randy Neatherlin: Enclosed,please find information our office received as a consumer complaint. We are forwarding you a copy for your information because it may include information of interest to your agency. If you have questions about this complaint,please contact the Consumer Resource Center by email at CRC ,ATG.WA.GOV. Please include the complaint number given above on any correspondence to our office. Sincerely, JULIAN GANTT Consumer Services Program Specialist Consumer Protection Division 1-800-551-4636 for in-state callers 1-206-464-6684 for out-of-state callers Enclosure(s) 7 '-:D COMPLAINT SUMMARY Consumer Information Name: Wendy Coile Address: 22621 NE WA-3 Belfair, WA 98528 Day Phone: (253) 315-2145 Evening Phone: (206)948-3551 E-mail Address: wendycoile@gmail.com Age Group(optional): 59+ Are you a member or former member of the U.S.Armed Forces,Guard,Reserves or a dependent? (optional): No If English is not your first language,what is your first language? Do you want the Attorney General's Office to send this business a copy of your complaint? No Business Information Name of business that I am complaining about: Unknown Address: Phone: Email: Names and contact information of any other businesses involved in your complaint: About Your Complaint Amount in Dispute: Transaction Date: Ongoing Explain your complaint in detail: Roger Dunn& Wendy Coile(Husband and Wife 22621 NE State Route 3 Belfair,WA 98528 Re: Complaint James Morris residence 22581 NE State Route 3 Belfair,WA 98528 My husband and I bought our property at 22621 NE State Route 3 Belfair, WA August 2018,the property we are complaining about is owned by James Morris and was at the at that time we purchased. The address of complaint property is 22581 NE State Route 3 Belfair, WA 98528. The property for the first year we lived here was in reasonable condition for a home no one took care of.For the past eighteen months or so,the current tenants that share Morris'home have brought in numerous vehicles in various states of disrepair. At one time,there were 3 derelict motorhomes. One was filled with garbage that sat in plain view for several months before they disassembled it and scrapped/salvaged it out. There was a big dumpster on site for quite awhile and then a large truck came and loaded the dumpster and took it away. There have been at least 8- 10 vehicles at any one time in the drive way in disrepair,piles of old tires and car parts piled on the ground. There are vehicles with no wheels and no windshields,with doors off and engines missing. I have watched as one tenant(the one most responsible for the current state of wrecking yard d??cor,Paul or Brian maybe)sprayed something onto an engine that was out of a vehicle, and then rinsed it off with the garden hose. The property has a stream that flows through the east side and the water table is extremely high in this area. All of the junk he sprayed and then washed off went into the stream that also criss crosses our property and then flows into Hood Canal. I have watched as they disassemble cars and then leave piles of detritus about on the ground for months on end. I have seen large vehicle hauler trucks in their driveway and vehicles being towed in behind pickup trucks. I would venture to say there is absolutely no one at that address with a business license of any kind. They are clearly doing what they do for money and I'd also venture to guess,that no one at that address is paying taxes like the rest of us. A lot of the activity on the complaint property happens after dark for some reason. I am including a photo of a camo painted small liquid type tank on a trailer,pointed downhill by the stream. I have no idea what the tank was used for and am concerned about leakage.Not to mention all of the vehicles that are currently on the property leaking fluids on the ground. I will be including a number of photographs illustrating the unsightly and unquestionably illegal enterprise happening next door to us. The very first thing you see driving down our driveway, is all of the garbage, derelict cars, car parts and motor homes. We have worked far too hard to increase the value of our home to sit quietly while Morris and his tenants destroy our property value. I have told Morris that his property needed to get cleaned up or I was going to start reporting him. He got crabby about it,but I did notice some action was taken to clean up the garbage they dump by the stream. I have called the police to tell them about what I assumed was obvious drug activity and was told only that they were "watching them". Clearly,no one was arrested as they are all still there. The drug dealer who brought his supply hasn't been seen around here since last summer. I have called authorities to report them for illegal garbage burning on more than one occasion. The fire department has been there twice, and I was told by 2 of the fire marshals that I should keep up the complaints, for all the good it has done. I have called the police regarding their pit bulls that regularly and aggressively came into our yard. Morris and his tenants were warned. We would like to remain anonymous, if possible. We have already been robbed by one of the tenants, and don't wish to provide them with more opportunity. I will be sending a copy of this to the Washington State Patrol. We are available for further discussion and will cooperate to any extent requested. I also have Photos but couldn't upload them on this site Sincerely, Wendy Coile(253) 315-2145 Roger Dunn(206) 948-3551 SIGNATURE I acknowledge that my complaint and attachments,once submitted,become public records and may be disclosed to others in response to a Public Records Request. Complaint information received by this office will be exported into the FTC's database, Consumer Sentinel, a secure online database. This data is then made available to thousands of civil and criminal law enforcement authorities worldwide. I declare,under penalty of perjury under the laws of the State of Washington,that the information contained in this complaint is true and accurate, and that any documents attached are true and accurate copies of the originals. I authorize the Washington State Attorney General's Office to contact the party(ies)against which I have filed this complaint in an effort to reach an amicable resolution. I authorize the party(ies)against which I have filed this complaint to communicate with and provide information related to my complaint to the Washington State Attorney General's Office. By selecting NO below, I acknowledge that the Attorney General's Office will not contact the party (ies)named in my complaint and will not attempt to facilitate resolution of my complaint with the party(ies). My complaint will be kept by the Attorney General's Office for informational purposes. Signature Wendy Coile Date February 25, 2021 Received via the Internet City and State where signed BELFAIR,WA Cc:CMMRS Neatherlin, Shutty, Trask Clerk March 7, 2021 Carole Washburn Verne Gibbs 3900 SE Kamilche Pt Rd Shelton, WA 98584 Commissioner Sharon Trask 411 N 5th St Shelton, WA 98584 Commissioner Sharon Trask, We are writing to you today to ask you to oppose a loan to spend $8 million dollars on the Belfair sewer line to extend the line to a proposed Park and Ride station. We are familiar with the changes in the Belfair area over the years because we often spend summertime on the canal. We have stayed informed on the sewer line issues over the past years because it impacts us as Mason County residents. We believe the proposed loan is not a fiscal responsible venture at this time for several reasons. We worry about the financial impact on businesses in the Belfair town. It is still unclear to us the intentions and long-range commitments by Kitsap County. We don't think we want to advantage them without significant benefit to our county. Why now?The benefit is not clear to residents. Please vote NO on a loan to extend the sewer line. Thank you. Carole Washbur Verne Gibbs �r Cc:CMMRS Neatherlin, Shutty, Trask TAHJA ENGINEERING, Inc. Clerk PO Box 235, Hoodsport, WA 98548 (360) 877-9512 Mason County Commissioners Randy Neatherlin, Dist. 1 Kevin Shutty, Dist. 2 Sharon Trask, Dist. 3 411 N 5th St. Shelton, WA 98584 DCD Planning Department; Julie Lewis & Kell Rowen 615 Alder St. Shelton, WA 98584zEt ® Ted&Jayme Graney 8520 Council Lane '' ` Reno, NV 89511 Mason County (775) 741-8520 CorrTmissioners Cell; (775) 771-9520 granes@charter.net Re; Shoreline Building Setback from Lake; Lake Cushman Div. 4, Lot 115 1310 N Potlatch Drive Hoodsport, WA 98548 Parcel No.: 42318-51-00115 County Case No.s: SWG2003-00349 Dear Commissioners, I was contacted last summer by the Graney's who requested my assistance in permitting an exempt(<200 sqr ft—unheated) storage structure adjacent to their residence at lake Cushman at the above residential address. I developed a site plan and authored a geotechnical report supporting their proposed improvement(s). The standard building setback from lakes and streams is 150' + 15' = 165'. When there are neighboring residences on one or both sides of the proposed structure location, a common setback line can be established and a structure allowed to be placed so to speak in line with the adjacent neighboring property house corners or behind a line drawn between the peaks of the adjacent/neighboring structures. The existence of a structure on the Graney property has no bearing on the placement of a new structure. I drew my initial common setback line between the most waterward portions of the neighboring residences, but was told that only the nearest corners of the adjacent residences could be used for that purpose. I drew what I considered an acceptable common setback line drawn between the most waterward portions of the structures that were over 8' tall. The common setback line allows the installation of an"uncovered" File:C.-WrojectslGraneylBldg Setback Lttr 1 of4 3/11/2021 TAHJA ENGINEERING, Inc. PO Box 235,Hoodsport, WA 98548 (360) 877-9512 patio waterward of the common setback line, but a patio with a covering is not allowed. This suggests that the environment issue is line of site. I surveyed the peaks of the two adjacent residences and drew a line between them. The Graneys have chosen a location that is at the toe of a steep slope which qualifies as a hazard area because its' slope is greater then 40%. The planner,Julie Lewis, accepted my depiction of the common line drawn between the two neighboring residence roof peaks, but that setback line places the shed 4%Z feet into the setback drawn between the two roof peaks. Ms. Lewis has required the Graneys to move their proposed shed 4%2 feet into the hillside which pushes the shed into 2 large (16"& 18"diameters) Hemlock Trees. Access to the proposed building location is restricted by the lake to the west and by steep slopes and the septic system drainfield to the east. The image below shows common setback lines drawn between the corners of the adjacent residence's deck(most waterward view obstructing portion of each structure)and a second line showing where the common setback is based on the peaks of the adjacent residences' roof peaks. 57.4 Exist. Note;Both adjacent residences i have un-covered decks(second st which are both over 8+feet high. j 113 + i + i s + xs � 114 Gammon Setback Line; Setback line based on most wateward � portions of adjacent residences. , + Common Setback Line; Setback lute based on peaks if +of adjacent residence's roofs. + + ' 115 + Y13t, 9d' Julie feels her only course of action is to require the proposed location be moved into the hillside 41/2 feet which would necessitate the removal of the two hemlock trees at the east corners of the building. Julie defends her decision based on"environmental issues"and that line of sight is not the issue. File:C.-Wrojects l Graney Odg Setback Lttr 2 of 4 3/11/2021 TAHJA ENGINEERING, Inc. PO Box 235, Hoodsport, WA 98548 (360) 877-9512 I feel the County's determination to avoid environmental impacts in this case is counter productive. I asked Julie what the appeal process is and she indicated that it would take a full variance application and$2, 990 dollars to appeal the planning department's decision. Below are two drawings showing the County's decision and the Graney's requested location based on meeting the minimum setback dimension of 35' and being much less environmentally disturbing (no earthwork or tree removal)to the environment the planner claims the setback dimension is protecting. Graney's requested location; I � 35, p t '} , 1 1 0 qt O • r- I 35 County's requested location; t j ICI ,1 1 j i bi E ; ,,. 45% 16"WID Hem =4,s"skin Item 35 An1 1 mBt S'T f File:C:WrojectslGraneylBldg Setback Lttr 3 of 4 3/11/2021 � 4 TAHJA ENGINEERING, Inc. PO Box 235, Hoodsport, WA 98548 (360) 877-9512 I feel the planning department's narrow interpretation of their common setback line manual in this case results in damaging the very environment it is supposed to protect. Because we meet the minimum 35' building setback from the lake's 738 water elevation and we've made the best effort to incorporate the common setback buffers into the shed's placement, I feel it shouldn't require a variance, but should be within the department's authority to approve the project as I've promoted in my project plans dated 12/14/20. I am disappointed that the Planning Department cannot allow reason to help guide them in their decision making process, but I feel that claiming that the 4%foot intrusion into what the planning department considered an environmentally protected location is illogical and unreasonable. Please feel free to contact me if you have any questions regarding the Graney project application or why we feel we have made an adequate effort to meet the standard interpretation of the common setback line for the structure location. Sincerely, V WAS, +p 3D78i4 QA �CISI,�g$ Alan A. Tahja, PE Attached; 22 Page Project Plan Set&Geotechnical Report File:C.IProjectslGraneyWldg Setback Lttr 4 of 4 3/11/2021 CC CMMRS Neatherlin, Shutty, Trask Clerk Mason County Department of Community Development Submittal Chipckfilq For a Geotechnical Report This checklist must be submitted with a Geotechnical Report and completed, signed, and stamped by the licensed professional(s)who prepared the Geotechnical Report for review by Mason County pursuant to the Mason County Resource Ordinance If an item found to be not applicable, the report should explain the basis for the conclusion ApplicantfOwner Tyd&Javiric Granel Parcel# 42318-511-00115 Site Address 1331 N Pothkich Drive, H(oWsImirt,WA 98548 Lk Cushman Div.4,Dili 115 0) (a)A discussion of general geologic conditions in the vicinity of the proposed development, located on page(s) pagg% I-,I (b) A discussion of specific soil types Located on page(s) Pogo 2,3&5 (c) A discussion of ground water conditions Located on page(s) Page 3 (d) A discussion of the upsiope geomorphology Located on page(s) F*U 3 (e) A discussion of the location of upland waterbodtes and wetlands Located on pageis) Page 3 (f) A discussion of history of landslide activity in the activity in the vicinity, as available in the referenced maps and records Located on page(s) Page 3 (2) A site plan which identifies the important development and geologic features Located on Map(s) Flag a„ finis 1-5 (3) Locations and logs of exploratory holes or probes. Located on Map(s) Plan Sheet '. 14 1 The area of the proposed development, the boundaries of the hazard. and associated buffers,and setbacks shall be delineated itop, both sides, and toe)on a geologic map of the site Located on Maps) Ptah Sheets 2 -4 (5) A minimum of one cross section at a scale which adequately depicts the subsurface profile, and which incorporates the details of proposed grade changes Located on Map(s) Plan Shett I and GALFNA StabillitV Anal%sis,yargs I &3 (6) A description and results of slope stability analyses performed for Win static and seismic loading conditions. Analysis should examine worst case failures The analysis should include the Simplified Bishop's Method of Circles The minimum static safety factor is 1 5 the minimum seismic safety factor is 1,1, and the quasi-static analysis coefficients should be a value of 0.15- Located on page(s) Pgxo_4-5 an CALENA Stability Analysis Printoot"V," ,!&- 4 (7) (a)Appropriate restrictions on placement of drainage features Located on page(s) Page 5 (b) Appropriate restrictions on placement of septic drain fields Located on page(s) Pam,,.. (c) Appropriate restrictions on placement of compacted fills and footings Located on page(s) Pare 5 PdUe I Of 2 Form Effective June 2008 Disclaimer: Mason County does not certify the quality of the work done in this Geotechnical Report (d) Recommended buffers from the landslide hazard areas shoreline bluffs and the tops of other slopes on the property. Located on page(s) Pale 5 (e) Recommended setbacks from the landslide hazard areas shoreline bluffs and the tops of other slopes on the p(opedy. Located on page(s) PaLle 5 (81 Recommendations for the preparation of a detailed clearing and grading plan which specifically identifies vegetation to be removed, a schedule for vegetation removal and replanting, and the method of vegetation removal Located on page(s) Page 5 (9) Recommendations for the preparation of a detailed temporary erosion control plan which identifies the specific mitigating measures to be implemented during construction to protect the siope from erosion. landslides and harmful construction methods Located on page(s) pagt 5 (10) An analysis of both on-site and off-site impacts of the proposed development. Located on page(s) ftpt 6 (11) Specifications of final development conditions such as, vegetative management, draklaigie. erosion control, and buffer widths Located on page(s)_1!#Ut to 12) Recommendations for the preparation of structural mitigation or details of other proposed mitigation Located on page(s) (13) A site map drawn to scale showing the property boundaries scale, north arrow, and the location and nature of existing and proposed development on the site. Located on Map Nan Shots'I Alan A.Tnhia4 P.E. hereby certify under penalty of perjury that I am a civil engineer licensed in the State of Washington with specialized knowledge of geotechnicallgeologtcal engineering or a geologist or engineering geologist licensed in the State of Washington with special knowledge of the I*cal conditions I also certify that the Geotechnical Report, dated 1211412020 , and entitled Ttd&Joyme Grancy Geotechnival Report meets all the requirements of the Mason County Resource Ordinance, Landslide Hazard Section is complete and true that the report demonstrates conclusively that the risks posed by the landslide hazard can be mitigated through the included geotechnical design recommendations and that all hazards are mitigated in such a manner as to prevent harm to property and public health and safety (Signature and Stamp) WA Page 2 of 2 Form Effective. June 2008 Disclaimer- Mason County does not certify the quality of the work done in this Geotechnical Report, I'AHJA ENGINEERING, Inc. PO Box 235. HmWsport, WA 98548 (360) 877-95121 Mason County DCD Planning Division VIA 615 W Alder Street Shelton. WA 98584 Ted&Jayme Grancy 0 8520 Council Lane Reno, NV 89511 L (775)741-9520 Cell;(775)771-9520 granes,6*chartet.net Re. Lk Cushman Div.4, Lot 115 Geotechnical Report 1310 N Potlatch Drive HoWsport, WA 98548 Parcel No.: W I$-S I-_00 1 IS County Case No.s: INTRODUCTION' I was contacted in late summer of 2020 by the Grancys who requested my assistance in investigating and documenting slope stability and landslide hazard issues relating to the construction of a storage shed and a possible single vehicle carport on their Lake Cushman property identified above. The property is located in the southerly fcx)thill region of the Olympic Mountain Range on the Olympic Peninsula. A plan set is appended to this report which shows the locations and layout of the Graney property with existing and proposed improvements. I*ve visited the property on several occasions in September and October of this year to collect topographic information and verify measurements and feature locations. Measurements were made using a frimble T5415 total station,a 4-foot range pole,a Sokkia model No 8047-55 inclinometer, 100 foot and 300 foot long fiberglass surveyor's tapes and other field equipment common to surveying. Software employed in creating a site plan and writing this report included AuloCAD 2(ft.a'l'errain 3-d contour modeling program,GALENA Slope Stability Analysis software and Microsoft Office Word 2003.Contouring outside of the Graney property was derived from Mason County*s GIS websitc mapping.. The property is located on a hillside with an overall average slope ol'approximately 2210/6, but area on the property were found to have slopes on the order of 45% with a height greater then I 0-feet. A residence has been constructed on the site at some past date generally in the location shown on the attached site plans. The residence is situated well atiove the Lake Cushman water level at an elevation shown on the attached plans as an approximate 750 sea level elevation. Tacoma City Light controls the lake's water surface elevation and maintains the lake level between approximately 715 during the winter months and raises the lake to a summer use elevation between 730 and 736. The, reservoir is considered full at the 738 take elevation. Fik. 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M901099 UNV JJV"f IS I I*10,L I q2noAp 0()1-10-4 t suopaS ai. . tmutpj()as asa-d IP3!1!j.-)s, iun uosviN ql!.% gidtuoa of pawdoad suodw 110,3wqaajood uj pzosswppr,a4 olKiunoj uosmwXq p,v!nbai an sluawala uaajjnpBumOjjqjail, -jwiwdoja,t,ap s,XuadoA iql sal Sunrim sansst -,()!I!qM ssi1ppeol padolaA;ap iq of pod.).t tm. !uq:)alm!R P .V.UinK'MAjuno:)uMvi'alow I'D late 0 to WW4 v giro, %ov sut .p=xi,�padwd aqljt)laaj()Of utql!.-A jo uo sadols xp!.A� 1 ' Z lwas(090 8t,986 VAk 4UOdsPw.H*gf-f- XOG Od 'Oul 'OKild-11NIONA Vf HVI TAHJA ENGINEERING, Inc, Pt? Bctx 235, Noodsport, WA 98548 (360)877-95I2 potential tectonic impacts, Washington State Ecology Coastal Atlas records were inspected, but no stability issues were apparent near the Chaney property. coo low min rv4Yc K r . =' E Further inspection and soil analysis ands the soil to be classified under the Unified Soil Classification System(USCS)as a SM-SC soil division. Inspection of the exposed hillside along the lake shoreline found the surface soil laver to be fairly homogenous most of the height of the eroded hanks along the lake shoreline with a high percentage of clay, Silt and sand intermixed with large cobbles ganging,finom 2 to 8" in diameter with a small number measuring up to a foot on their lung axis. The hillside between the existing residence and an existing shoreline erosion control rockery shows no indications of slope instability or earth movement. No wetlands or upland watertxxlies were fecund on or near the property. Ne groundwater is assumed to be coincident with Lake Cushman's water elevation,so for stability modeling, the groundwater is modeled at the lake's high water elevation(738). The upslo pe geomorphology of the property may be described as hilly or mountainous. During development of the property with the existing;residence,an Onsite Septic System was installed in 1992 and replaced(SWG2003-0034W)generally in the location(s)depicted c?.n the attached plan sheets.The septic system has performed without incident and should be considered acceptable as it presently exists. de. C, f'rcjeet�6r(zmtr1410(r-Ppj 3 of 12111412020 TAHJA ENGINEERING, Inc. PO Box 235. Hoodsport. WA 98548 (.360)877-9512 2. SITE PLAN WITH IMPORTANT DEVELOPMENT AND GEOLOGIC FEATURES- A site plan showing the general topography of the wed- surrounding the Graney property is attached in the appendix which shows the locations of existing features and the location of the proposed work,. 3. LOCATIONS OF LOGS OF EXPLORATORY HOLES OR PROBES: Soil probe locations are shown on plan sheet 2 which also shows the approximate depth to the compacted consolidated soils underlying the site, 4. AREA OF PROPOSED DEVELOPMENT& BOUNDARIES OF HAZARDS. BUFFERS. AND SETBACKS: The attached site plan shows the proposed location of the saorage shed. Stability analysis of the 45%t slopes on the east& south areas of the proposed shed location found Factors of Safety above the County's minimum requirements.The slopes exceeding 40%in the Grasicy property vicinity are:. identit led on the attached site plan as"HAZARD ARIAS"asrequired by Mason County's critical resource ordinance. Approximately half of the Graney property lies either inside a hazard area or its 50-foot buffer.The proposed Grancy improvements Ail] be located inside ithe Hazard Area buffert's)and at the toe of a hazard area slope. The location of the proposed shed is in a small area sloping at Im then 400/a which I consider acceptable. The attached site plan has the hazard areas(areas containing slopes greater than 40%)and the 50-foot hazard area buffer areas delineated.. 5 CROSS SECTION WITH PROPOSED GRADE CHANGES: Cross section views of the property are provided in the attached plan sheets as well as part of the GALENA Stability Analysis Print-Out. No grade changes are proposed for any of the slopes.exceeding 400/6 on or near the Graney property at this time. 6. SLOPE STABILITY ANALYSIS: The steep slopes on the property in their present condition appear stableAhe building shown on the attached plans shows no discernable irregularities,settlements.fissures,or evidence of consolidation problems. The level areas of the Graney property typically contain an approximately 3 to 4' deep soil composed of the weathered glacial till underlying the site.The soil layers beneath the,surface soil were found to be overconsolidated clays&sands with a minor percent of cobbles and boulders in the soil matrix. Unified Soil Classification System typing places the soil in a SM- SC category, The site's soils were modeled with the shallow soil having a soil unit weight of 123 Ibs1W,and the deeper soils with a 125 lbs/ft".A phi angle of 32"was used for both sails, and a cohesion character of 150 lbs/ft2 was used for the weathered surface soils and 300 lbs/ft2 for the consolidated glacial clay/till layer(s).A phreatic surface is modeled at the take*s 738 elevation. The slope geometry and sail characteristics provide a factor of safety for the site in a static and a dynamic analysis that exceed the County*s minimum safety requirements. Analysis of Pik-("TrojeculGraneY1600-Ap 4 of 6 12/14/2020 TAHJA ENGINEERING.Inc. PO Box 235, Iloodsport, WA 98548 (360)877-9512 the site indicates Factors of Safety ofjj in a static condition and 1.9 under dynamic conditions. 7. RECOMMENDED SETBACKS& DRAINAGE: The slope stability analysis indicates that the slopes present on or near the Gtancy property are currently stable in their present geometry and condition and do not represent a landslide or geological hazard to the existing Graney property features,or the proposed storage shed. 'The stability model indicates a reasonably high safety factor at the residence's existing location which is roughly coincident with the proposed shed location.The location shown on the attached plan sheets provides roughly as I 0-ftx)t separation between the toe of the hillside upslope of the shed. I feel a 5* building recommendation is acceptable and will enable the Graneys to locate the structure in the location shown tin the plans. Stormwater shed by the storage building will add a very modest volume of runoffand I feel there is ample room and vegetation between the proposed shod and the lake shoreline to adequately treat and infiltrate,the sheds roofrunoff. The existing upland features are not being altered and the site's drainage should not be affected. The existing drainage for the site is and has been adequate, so no alteration of the existing stormwater control features appears needed. 8. CLEARING,GRADING,AND VEGETATION MANAGEMENT: The property is already in a cleared condition,used for residential and recreational uses.The areas indicated as the residence.driveway,and drainfield have already been cleared and leveled in the past during the residential development of the properiy. No activities ha%,c been planned for the sloping areas of the properties,though vegetation will be encouraged to continue growing,covering,and protecting the steep slopes: No compacted fills or excavated cuts are necessitated by the proposed improvements,No formal planting plan appears needed for the completed development which is being maintained in a semi-natural vegetated condition. 9. EROSION AND SFI)IMENTCONTROL: Inspection of the Soil Survey of Mason County found the site to be located in an area with Hoodsport soil type(s).which are not identified in the County's Critical Resource Ordinance as susceptible to severe erosion when disturbed so a formal Erosion and Sediment (E&S) Control Plan is not required to be prepared for this site. The site already has an access route installed to the property from a private access issuing from N Potlatch Drive(a private Lk Cushman plat road)which is stable in its present condition. Upon completion of shed foundation excavation. bare soils should be seeded to grass and any temporary erosion and sediment control features installed to protect the Lake from the active work areas should be kept in place until the site becomes permanently stabilized with vegetation or compacted gravels or soils. File:(.'°Prowas'Grawv,Geo-Rx 5 of 6 12i 1412020 TAHJA ENGINEERING,Inc. PO Box 235,Hoodsport. WA 98548 (360)877.9512 10, ON-SITE AND OFF-SITE- IMPACTS. Construction and completion of the:pnVosed improvements are not expected to result in any adverse on-site or oft-site impacts. It. SPECIFICATIONS OF FINAL DEVELOPMENT, Upon completion of the shed construction,the grounds can be expected to be maintained as a permanent/seastmal residence,with a fairly natural yard. Other undeveloped areas of the property are expected to be maintained in a natural vegetated state. 12. RECOMMENDATIONS FOR THE PREPARATION OF STRUCTURAL MITIGATION OR DETAILS OF OTHER PROPOSED MITIGATION: Modeling of the slope's in the proximities of the proposed storage shed and carport locations indicates that the locations of the existing&proposed structures are or will be safe. 13. SITE PLAN WITH THE LOCATION OF EXISTING AND PROPOSED DEVELOPMENT ON THE SITE: A:site plan is attached as an appendix to this report and made a part:of this report along with the cross section views of the property and the stability analysis printout. Summary&Conclusions: The Graney property,though in the vicinity of slopes identified as unstable can he developed according to the owner's plans with minimal concern about the site's stability. Please feel free to contact me ifs are any questions or concerns regarding this report or my findings. Sincerely, i Alan A, l ahja P.1�, Attached; Gcotechnical Report Checklist Administrative Variance Request Hazard Area Buffer Reduction Request Plan Views&Cross Section Sheets GA1.ENATm Stability Analysis Printout MASON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 411 N Fifth Street I P 0 Box 186. Sbefton WA 98584 360,427 9670 ext 352 DDR Rec'd by Request for Administrative Variance for Reduction in the Required Setbacks ($115.00) For administrative review, the minimum variance on a setback request is 5 feet from the side yard lot lines and 10 feet for front and rear lot lines or any access easement- Request for further reduction requires a standard variance. Setbacks are measured from the furthest pjMjgcoon of the structure, including roof eaves. Applicant/Owners. Mailing Address 8520 Council Lane Telephone : City: Kyno State, NV --Zip: _ 89511 If this reduction is tied to a buNding permit, please give permit case number. Parcel Number(s). 42318-51-00111 - Zoning Rural Residential Site Addrm., Requested variance, Front/Rear '�eeYir_dl(please circle all that apply) Requested setback. variance: Reduce sidevard Bid�,se , Ltbagkfrom 25' to S' An illigistrated site plan is required. Your site plan must show the following: north arrow, abutting street or easements, set backs to all property lines and existing buildings, slopes. surface water, wetlands, critical areas, septic, well and driveway. Show all proposed new development. PLAN ATTACHED The following circumstances must apply: FRONT AND OR REAR YARD REQUIREMENTS: 1) Existing lots of record as of March 5, 2002, You must meet one of the following: (Please circle all that apply) 2) One of the following exists on the lot: a) steep slopes, wetlands, or streams present� b) soils that restrict building or septic development. c) lot width at the front yard line of no more'than 50 feet. d) of size of no more than one-fourth acre c'I)munwnis and Sc#WOvAwr\My mat om-!;`6rwicy Admix imlivc V ar.dm Created on I ZA 4/2020 94+W)AM e) existing improvements of buildings, septic systems, and well areas, SIDE YARD REQUIREMENTS: 1) Existing lots of record as of March 5, 2002: L You must most one of the following. (Please circle all that apply) One of the following exists on the tot: 1 a steep slopes, wetlands, or streams present: b) soils that Frestrict building or septic development; c) lot width at the front yard line of no more than 50 feet; d) lot size of no more than one-haff acre; e) OxIs Ling jqp"ye� of p,jic systems, and well area . Explain how these circumstances preclude a reasonable development proposal from meeting the setback standard for Rural Residential 2,5, 5, 10, or 20 zones. The owner wishes to construct a,sin-gle family residence on the prooerty and without a sidevard buildina setbai*reduction, the ormettv's available building area is very restnqtjR Owne(t Age nt*lease indicate) Signatti-rFaWd date off iCial Use OW Approved Date Denied Date Reason for denial C:',Dmoinents and SeUinp4.)vmrT1,My Dtw oar—i*M0-Pro '4-'pects,irafty,finat OoOkCauwy Adminsti-adve Vardoc Crewtd(m IV 1 4,'2Q2,O 9'49:00 AM Rev R .._...... AMe TAFUA ENGINEERING,INC. A V SITE PLAN ._ _. ..Crrao�y t _. Alan Tab*P.F. Tad d Ao—Dianna C--y o Box 235TEA 90M Rana,NV 98511 •�• JI( w—CO.Prcl liar fa3zdr�l soots t�12 (775)7414M(.360)M-9551 1 ofa ,�. '•••.may � �` t s `' 1 \ IZZ.. lJ wy� 3. g12w s OCL ltov larran a� to rir TAHJA:ENGINEERING,INC. A V 'E PLAN "` Y Alm`ahja,P.E. Tod A Diww Gmaey _—_ PO Box 233 9320 Council LAW Hood*VM WA 98548 Rom,NV 98511 2 of2 -a Pod MW 19-51—WO13 (W)877-9512 M5)7414WO (360)877-9551 04 �" td f . 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Tad&Javnx Daaw GmwW PCB BOX 235 8520 Couwd L=C A�arun{o thcJ No.:E."31 s 3!119Ct5U9tlt5 {36tJ)#"-"12 MS)741,020 (MO)8?7"51 x �O„ 81� .112 w� D I x 41 r, t.079 N^ � O*L 0£t t,JID I Ofj*t 8 L GO*89 It 00,09( 09*IT T GC*8tL 0 p 00,9U, 061tv 00*OEL 0010 ------------- (9-4UTod 15) 0--V;jjn� ;�tdrpTg, 001OV8 flu"Jov 00*0 &TToi,- az>ejjnc,- :aTT40,AJ 00189C 00,908 GO'BIZ 00'96L Q0*E9z 0019AL oo*zTZ 00108L 00,891 oo*Qlqt aq*T-�j OW 00,ZEL G-O* � 0-0*9ZL 00*0 sla4vl TITI PQIVPTTOUUOD Z :11100`1'4 TP'tJ8lvW tGjuTod 6) 1 ;alTjoja ----------------- (GOTT;Old. Z) GOTIjoid IVTJaIRN o6'Z9 :punoib a,&oqP =Tpaw/le'lem 40 qqbTD14 41url ov*zg :la'4vm 10 4146Tam -4TUZ. —-------------- GaTqladoid iolem, 0010 oulqzl 0 O*ZT 00*00L n1d -414bTOM-4TUll ICI T l4d uotqiaqo;D TITI, PW4fPTTOSUO-3 q:jdap 4;m saspea:;u-t ny quIOTnO-,)-Jt4OW) Z :lLwTlw4cw r'All 00,C71-1 Q*KC 00*091 n-g q'#)Tom4TUn I U UOTgaqO- gTToS aae4inS paiat4jeam - (otdoijoul qwojtioz)-jqoWj t :I r-T.10-4PW ------------------- - PUIV VUOTV-, .......... ............ .......... WE !me I VA Iwo ................... -------------- ............... A !S. PUV Z t 56-U-g(090 RK96 VAN. 'U(XIS'POOII'9U X09 Od ,aU14 ONIN91WON'l VfliVI TAHJA ENGINEERING, Inc:. PO Box 235,Hardsport, WA 98548 (360)877-9512 212.00 790.00 263.00 800.00 318.00 6113.00 365.00 820.00 Phreat.ic Surface t2pointsl -------- 0-00 18.00 40,0.0 0 738.0 Failure Surface --------------- Initial circular surface f,.r _;:. 1 search defined by- XL,XP.,k intersects: XL: .t XR: 20 .00 Y �88. Centre: C: 105.49 821.04 Radius: R: 100.00 Variable Restraints -------------- -- Parameter des riptox: XL XR R Range of variation: 95.00 175.("`0 65.00 1'r,al posit::ifons within range: 12 12 12 R SULTS: Analysis 1 - Static Bishop Simplified Method of Analysis - circular Failure Surface ---m------__ Criti.c;al Fallure Circle Search using Multiple circle Generation Techniques Fd,�ftor of 5a.f`et:y for initial failure circle approximation: 3.29 Isere were: 1212 successful analyses from a total of 1729 trial circles 517 analyses terminated due tsa �- Critl:cal (minimum) factor of Safety: 2.68 Circle and Re8ults Summary (Lowest 16 Factor of Safety circles} ------------------ Circle X-Centre -Centre X-Left Y-Left K-Right Y-Right Radius Fos 1 19.85+ 867.29 62.95 741.83 176.14 785.11 126.59 2.682 2 17.46 873.54 62.95 741,.93 1,76,1.4 785.1 . 1321.50 2.685 3 87.60 858.14 71.59 '144.49 176.14 785.11 114.77 2.685 4 85.16 864.41 `71.59 744.49 1716.14 785.11 12�.&8 2_695 5 82.27 8610.96 62.95 741.83 176.14 785, l 120-68 2.fR6 6 82.76 $70.59 71.59 744.49 176.14 785.11. 126.59 2.688 41 .0..: 851.77 71,.59 144.49 176.14 785.11 108-816 2.689 9 74.51 870.13 54.32 739.17 176.14 795.111 1:32.50 2.691 9 84.73 854.52 62.95 741.83 176.14 '785.1.1 2.693 1 76.92 863.73 54.32 739.17 176.14 785.11 126.59 2.695 ll 8,t`,.319 876.70 71..59 744.49 176.14 785.11 .32.50 2.695 11.2 92.59 945.28 71.59 '744.49 176.14 785,11 102.95 2.701 13 -11. 56 866.47 45.68 736.52 176.14 '785.11. i32,50 2.703 14 79,3 95-7.23 54.32 739.17 1-76.14 tsr.11 120.69 z.7 14 15 92.9 855.27 80.23 747. 15 1.76.14 785. 11. -Q8.8 Fi 2.706 16 87.24 947,..95 62.95 741.83 176.14 785.11 108.86 2.707 F gle t' P,�csj rra't arr r S Iity,�rr;�l sis 2 of 4 12114/2020 TAHjA 1 NGINEERING, INC. SITE PLAN "•,"" Alan Tar,j�P.E. Tod&3siyme NOW QMW Grmvy Po Box 235 8520 COUWV Low HoodqxW, WA 9854 Rwo, NV "511 4 of 5 11fmm Cb.hd W.4018-51-MI5 (W)8' - 12 (775) 741-8520 (360)977-9551 fA � ..... �oz OVL c� ►ter ce l { jgjM1j "w T f' r/f k 4 f' 114 r' f t c„ . o ti xa 115 820 810 800 790 780 � 770 740 0 0+50 1+w 1+50 2+00 2+50 3+00 3+50 4+00 CROSS SECTION "All ► Sail Probe Legend; t � Probe fiymtroUb!9 � t 1 awh to Consoli c i Soil 4trnia 5 LAKE CUSHMAN RESERVOIR Eixa �yl y - 1 Reside , y€ ow HA WA3yj 1 / HA/ HA /� '�� t \ 1 / ✓ Il SSIaNAL LNG fF N � w i IJ I l� AHJA 7 Y('rIItiTEERt i i,t1V�s PLANNOWW..v. �. x=TAW&P.E. rod A J:yme try rnaney OnLwy PCB Box 235 9520 Council LAW „ HoodWort WA 9048 Rm%NV 98511 3 ot'S Mom Ca Phil Mm:423IV-314W)5 (W)877-9512 (773)741-8520 (W)877-Ml ^ � w- x. .o 041-Z I;K. Az .,�. i TAHJA ENG NFE'RING, Inc. PO Box 235,Hoodspon. WA W48 (360)877-9512 G a wy Pr i 42318-31- J►I5 X-Section A-A Dynamic Stability AnaIN sis [.41 ENA T ._..._.......__ j film 3 j no Wulff'Staft0y ArAtow j � Mef7w.b. 4915ac9C."is+ee:'!mt 1 I r a t C.a�ICltan,. lSfi i-- FOO&taF y 1 t 0 gp a i5o no M M wo A* L. j iWl.s:cw m .av a:a.erm S .__.... _ aZ$na _ . 2 �alyais Result � Licensee: Tah s Eng n +eri.ng, ln,.m. Project: Graney D-4 Lot 115 File: C:\Documen}.s and S+ettin s\Owner\MY t)oc mentst�%Jalena Files\ModeLs\Grapey 1 ATA: Analysis - nynam.i.c Material Properties (2 materials) ___ ._------------ Material; 1 (Mohr-Coulomb isctrr_-epic) - weathered Surface Soils {.'chesion Phi Un tWeight flu 150.00 32.0 126.00 1.1 Material: 2 (Mohr-Coulomb Cu increases with depth) - Consolidated Till Mayers Cohesion Phi P1 UnitWeight Ru Water Properties ---------------- Onit weight of water: 62.40 Unit weight of water/medium ab<)vo around: 62.40 Material Profiles (: profiles)- ------------- F-rati;le: 1 (9 paints) Materialbeneath: 2 - Consolidated Ti,il payers 0100 726.00 44.00 732.00 83.00 744.00 1,1.6C� 756.(10 168.00 780.00 212.00 786.40 263.00 '796.00 318.00 6P 6.00 368.00 816.00 Profile: 2 (,2 plaints) Material beneath: 1. - Weathered Surface Soa.Is 0100 W).00 4r)O.nQI 840.00 Slope Surface (9 Points) ------_------ ile:f`: 3 of 12114 021) TAIIJA ENGINEERING, Inc. PO Box 235, I-ImAsport, WA 985-48 (360')877-9512 0.00 730*00 44.00 736�00 �3.00 '148.00 111.60 760.00 166.00 '784-00 212.00 790.00 263.00 900.00 318.00 810.00 368.00 MAO Phreatic Surface (2 points) --------- 0.00 738.00 400.00 718.00 Failure Surface --------------- initial circular surface for critical search defined by. X.L,XR,R �T rite rsects- XL: 50,00 YL: 737.85 XR, 200.00 YR: 788,36 Centre: XC: 105.49 YC.- 821.04 Radius: P': 100.00 Earthquake Force -----_-..----__..-_ Pseudo-static earthquake iscismic) coefficient: 0 150 Variable Restrainto ------------------- Parameter descriptor: XL X'R R Range of variation: 95.00 175.00 65.00 Trial positions wittdn range: 12 12 12 RESULTS, Ana,'ysis I - Dynarric Bishop Simply Pied Methtd of Analysis - Circular Failure Surface ----_-_--_______ Critical. Failure Circle Search using Multiple Circle Generation Techniques Factor of Safety for initial failure circle approximation: 2.29 There were: .1212 successful analyses from a total of 1729 trial circles 517 analyses terminated due to unacceptable geometry �Fact�or Of Safety: 1.90 Circle and Results Summary il,owpst 14 Factor of Safety circles) ------------------- C i rc-I e X-Centre Y-Centre x-Le-f t- Y-111--ft X-Right Y-Right Radlus Fos 1 14.151 $70.13 54.32 739.17 176,114 795.11 132.50 1 .897 2 79.85 867,29 62.95 741.83 176.14 795.11 126.59 1.896 3 71.56 866.4"7 45.68 736.'52 176.14 785.11 13 2.$0 1.896 4 77.46 £373.54 62.95 741.83 1-7 .14 785. 11 132.50 1.899 5 76.92 $63.73 54. 32 3 9.11.7 176.14 785.11 126'59 1,900 6 82.27 860.96 G2.95 741.83 116.14 785.11 120.68 1.901 7 85.16 864.41 71.59 744.49 176. 14 785.11 120.68 1.905 a 87.60 858.14 71.59 744.49 176.14 785.11 1,14.71, 1.9015 9 194-82 8*71.58 62.95 7-41.83 192.05 787.28 1-32.50 1 .905 10 92.97 8105.25 71.59 7144.49 192.05 787.28 132.50 1.906 11 84.73 954.52 62.95 741.83 17116.14 785.11 I 14,7"1 1.906 12 92.76 870.59 71.59 '44.49 176.14 765.11 126.59 1.907 13 79.37 857.23 54.32 739.17 1'76.14 785.ii 120.68 11907 14 74.00 859.90 45.68 736 52 176.14 785.11 126.59 1.908 File, C-rProjects kGrany;,.Siabft,^Ana4-sa 4 of 4 1211412020 uc:LMMRS Neatherlin, Shutty, Trask Clerk C�h &ab e. *1854 �h1VV1Z)U1V UuLjlvi i Lk11V11V11A.lIJl ---S 411 NORTH FIFTH STREET SHELTON WA 98584 Fax 360-427-8437,• Voice 360-427-9670, Ext. 419,275-4467 or 482-5269 Mason C ur:iy C(,,,;I r-,)i(7,r1C>rs 1 I AM SEEKING APPOINTMENT TO �VI NAME: �,rl�sc-�st Ve;�n'e�ta�/t ADDRESS:; PHONE: CITY/ZIP: VOTING PRECINCT: WORK PHONE: (OR AREA IN THE COUNTY YOU LIVE) E-MAIL: �, /- ------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) �,/F COMPANY: U►n.✓sa2✓s,�r r �--40 c�, ��r fig-/d�/rs the LLI K��y ✓� 1 + /cd cs+.c /c�urrl ed POSITIONS`: L / .s /�o� f.c•xLZ� pi�.re-fvr d,� Lr/v�f"1c�ls a.k.�T TO w(n..i/--L S. was 19c r" tc cr_d✓.�a ,d• l• YRS ` -- - l�► �a.�► � f l�t-aS 1,✓mac/ �!• o✓�/" R9S,FTf6N�-3��r us P'`� b��,�/f I�?��sJ / - . �-5---------------------------------------------------------------------------- In your words, what do you perceive is the role or purpose of the Board, Committee or Coun it for which,you are applying: 0 ,t,s.ac; as.4ts ol- s -' d a� �v✓i r x-/wd a l zs m..r i .e 'wit .1S �/` Ql� „t �cY.tv��S o•� v'yL +.C,��• _ lrk /`�a i/�y� What interests, skis do you wish to offer the Board, Committee, or Council? i2 L-) t a s , PE ass " k2119/+ L•'$f-Gh 14« 4'%-f kp .0 1; c, NS / G p1 3 O v-ea is i`A e4e-a.&,ern Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) 11vy � Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you. Would you be able to attend such trainings? �L 5 _ Realistically, how much time can you give to this position? Wk^t�✓Lr 'S '� u ` �� 1 �� / Quarter) Monthly Weeldy Office Use Only y" Appointment Date Signature Dad Term Expire Date uu.ulvn IKJ Iveatnerun, bnutty, I rasK Clerk Pk") 0 /#/ 4v�,� psOtz cOpN gsrA n• T •+{� r �Ili,JV1V l.VU1V1 Y UU1V11Vii001VIVP-N8 D. 411 NORTH FIFTH STREET SHELTON WA 98584 = Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 1854 I AM SEEKING APPOINTMENT TO vh 'Grla,A j i o A 4- / Lb d�� 1jo4-tz1 rus f. -e-5 NAME: 1 ci-r ez_r e, Va-A 1 10 a V.4 Sh ADDRESS:� [-- I PHONE: CITY/ZIP: VOTING PRECINCT: WORK PHONE: / (OR AREA IN THE COUNTY YODUVE) E-MAIL ------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) 7I (ACTIVITIES OR MEMBERSHIPS) (( ,-�S le COMPANY: Yt Vi , Ca i?'ot►�, y ll •t-t T4 ,'�•�Gl►�TJ rL�. I �d u�, �r2�ul'N�d Co Jly.'fy POSITION: 4. 1 c� u, I/11 J'1 wa 5 bo s y1 a.roc/ 1�1t�/ 'J l f e o r c Ga A�7 icy[5 4- YRS POSITION: tc.'c/ alit-e*- LIts 4 ,s k j'/d'•xi4a9-Ot' 0yr5 �aw� 1T�.as .�►'v�d t-o� oy1,� �lOyrs. -------------------------------------------------------------------------------------------- In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: Eon re/ r us 41 s rn u.S 1- o X/.er' -, e o u i a/ oZ- irl`)e(r��r fioY� SOtt f1G✓5 'Thcc�/ i4 �, /6 ra.iy ke"s /-/fO •2i1 cSLtt� -rA-e e-ar" W1u. ti �Y tas -rA 11a'5t� c1/.ta Ty O to-S�e/Vic-<S What interests, skills do you wish to offer the Board, Committee, or Council? _ 10 5 s 15 S i' ✓l. i cGc J _ Q Cc. GEiS�� -Laf"t i r1 /L c 11/K:r^ ' .7-ty r t�G 7� O✓ .t ✓-� Ga'-G1� 'f"hr �d6Ea/o �b �a aNt� a/ Thy /� ✓cr d��efSt Lyvyt.T9vp'li7�l Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you. Would you be able to attend such trainings? Realistically, how much time can you give to this position. CQuarterY---, Monthly Why Daly Office Use Only r— . U_ , � 3 �/�—�� Appointment Date Signature Dale Term Expire Date Cc:CMMRS Neatherlin, Shutty, Trask C1erk,J.WJiA6/tm pf J(e(— We Washington State Licensing ar gu"I�flon � € PO Box 43098 liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360) 664-1600 Fax—(360) 753-2710 March 16, 2021 BRIGGS, ERIC PO BOX 31 ALLYN, WA. 98524-7714 Re: BRIGGSY GOLF 200 E OLD RANCH RD ALLYN, WA. 98524 LICENSE #070712 - 2N UBI 604-376-910-001-0001 Your SPIRITS/BR/WN REST SERVICE BAR license has been approved. This license is valid through December 31, 2021. You must post this letter in a public service area as your temporary operating permit. If you do not receive your Business License with liquor endorsements in 15 days, contact Department of Revenue's Business Licensing Service/Specialty Licenses at (360) 705-6744. Your service bar operation is subject to the following conditions: 1 . A chef or cook must be on duty and complete meals must be available when liquor is being served. 2. Customers may not be seated, or allowed to consume food or liquor, at the service bar. 3. No activities are allowed anywhere on the premises. You are reminded that all employees must have a valid MAST permit within 60 days of employment. Beer to be sold under this license must be purchased from a beer distributor or brewery. Wine sold under this license may be purchased from another retailer with a Wine Retailer Reseller endorsement. S/BM Rest Service Bar 9/3/14 DECISIONS Page 2 License No. -070712 If you purchase spirits from a Spirits Retailer licensee, you must keep records by stock-keeping unit (SKU) of all your purchases, including the identity of the seller and the quantities purchased. When applicable, you are obligated to meet all other requirements of state, county, and city laws and ordinances (such as sanitation, zoning, fire, safety and building codes, etc.). Your request to provide service in your outside area is approved subject to the following conditions: 1. You must own or have leasehold rights to the area where liquor will be served. 2. If food service is required, it must be available in the outside area when liquor is being served. 3. The outside service area must be enclosed with a 42" barrier. Entrances to the outside area may not be wider than ten feet. If a licensee has more than one entrance along one wall/side, the total of all entrance areas on that side may not exceed ten feet. If the interior access into the premises is restricted (bar/lounge) or the entire premises is restricted, minor restriction signs must be posted. 4. Alcoholic beverages must be prepared in the liquor service area of the premises. 5. An employee must be responsible for control of the area when liquor is being served and consumed. 6. Lighting in the outside service area must comply with WAC 314-11-055. 7. The Board may withdraw this approval if problems arise. Your request to dispense alcoholic beverages to the golf course is approved subject to the following conditions: 1. All liquor sales must be by bottle, can, or individual serving in glasses or paper cups. 2. An employee must be responsible for control of the area when liquor is served and consumed. 3. You must own or have leasehold rights to the area where liquor will be served. 4. You must obtain any required local license(s) and/or permit(s) and display them on the premises. The Board may withdraw this approval if problems arise. SB/W Rest Service Bar 9/3/14 Page 3 License No.-070712 Alterations or changes in ownership require prior Board approval. If you wish to make such changes, please contact our office for assistance. Your liquor license can now be renewed online through Department of Revenue's Business Licensing Service. Information on how to do this will be included on your renewal notice. -Miche(Ce Corey/smo Liquor License Specialist 360-664-1611 cc: Southwest Enforcement Mason County Commissioners File SB/W Rest Service Bar 9/3/14 3/17/2021 Mail-GKenyon@co.mason.wa.us Cc:CMMRS Neatherlin, Shutty, Trask Fw: Jail Stuff Clerk McKenzie Smith Wed 3/17/2021 4:32 PM To:Ginger Kenyon <G Kenyon @co.mason.wa.us>; Good afternoon Ginger, Will you please print this for correspondence for the March 30, 2021 meeting? Thank you so much, McKenzie Smith Clerk of the Board,Records Specialist Mason County Commissioners Office (360)427-9670 ext.589 1 msmith@co.mason.wa.us hftp://www.co.mason-wa.us/ 'Please note:Mason County complies with the Public Records Act Chapter 42.56 RCW.As such,any e-mail sent to and/or from the County may be subject to public disclosure. From: Kevin Hanson Sent:Wednesday, March 17, 2021 1:35 PM To: Randy Neatherlin <RandyN@co.mason.wa.us>; Kevin Shutty<KShutty@co.mason.wa.us>; Sharon Trask <STrask@co.mason.wa.us> Cc:Travis Adams<tadams@co.mason.wa.us>;Jennifer Beierle<Jb@co.mason.wa.us>; Casey Salisbury <caseys@co.mason.wa.us>; McKenzie Smith<msmith@co.mason.wa.us> Subject:Jail Stuff Good day Commissioners, I want to take a minute to express our sincere gratitude and appreciation for the purchase and installation of the body scanner. It has helped keep our staff,facility, and inmates safe.Just last week,we scanned an inmate who was remanded from District court.The scan revealed a foreign object in his underwear.The inmate claimed it was a medical device. We took the inmate to the nurse's office where he retrieved two pint sized bottles containing urine from his underwear.The bottles had thermometers stuck on the sides.While retrieving the bottles, a hand warmer fell down his pant leg onto the floor. We ended up strip searching the inmate and found another handwarmer in his underwear and a plastic baggie of controlled substance in his sock. The inmate was charged with a class C felony for trying to introduce drugs into our facility. He was also charged with violations of jail rules and admitted to having the urine to beat a urinalysis test and trying to smuggle drugs into the jail. Now for not so good news. We continue to struggle to fill vacant Corrections Deputy positions.We have the one newly funded position for the Court Transport team not filled; we have one vacant funded position from a resignation from last year;we have one Corrections Deputy in background with the Sheriff's Office to be a road deputy;we have one Corrections Deputy in interview process for Puyallup City jail ( which is literally 2 minutes from his house, and they pay 1300 more monthly and a 5k signing bonus); and we have one Deputy in the application process for work in Kitsap County; and Danny Owens just retired after 30 years here.There will likely be 6 vacant positions in the near future with no one to replace them. There is one applicant on the Civil Service list,who we are backgrounding. https://owa.co.mason.wa.us/owa/#path=/mail 1/2 3/17/2021 Mail-GKenyon&o.mason.wa.us This problem is inherent to most jails in our state, nobody wants to be a Corrections Deputy. I don't know what the answer is and the only thing we are asking of you is to get the word out as much as you can. Encourage people apply through public safety testing,where there's a link on the Counties Civil Service Web page. Hope you have a great day and be safe! Mal Kevim Hamsom Masom 6oahty Slia JJF GFFica 360 427-9670 Gxt,369 "Together, maintaining custody,security, and control of our facility in a safe, efficient,and constitutional manner." https://owa.co.mason.wa.us/owa/#path=/mail 2/2 Cc:CMMRS Neatherlin, Shutty, Trask Clerk 360.426.2276 office Q 310 West Cola Street ® ChooseMason.com 360.426.2868 fax Shelton,WA 98584 EDCMASON March 22, 2021 The Honorable Randy Neatherlin, Chair Mason County Board of Commissioners 411 North Fifth Street K ,�c tto, Shelton, WA 98584 r. RE: ADO Designation N91son County C01-ilMissioners CC: Kevin Shutty, Commissioner; Sharon Trask, Commissioner; Diane Zoren, Administrative Services Manager Dear Chairman Neatherlin, Every two years the Department of Commerce begins the process of contracting with Associate Development Organizations (ADOs) by sending a letter,to the Board of County Commissioners in each county, requesting designation of an ADO. I would like to express this organization's interest in remaining the ADO designee for Mason County. Through our many years of partnership, we have been able to focus on the economic development and vitality of Mason County with a strong concentration on business retention, expansion, and recruitment. Thank you for your consideration and I look forward to continuing our work stabilizing our economy through COVID-19 impacts and working toward growth. Sincerely, Jenniferaria Executive Director thriving businesses.strong communities Cc:CMMRS Neatherlin, Shutty, Trask Clerk FEDERAL ENERGY REGULATORY COMMISSION Washington,D.C.20426 OFFICE OF ENERGY PROJECTS Project No. 460-093 —Washington Cushman Hydroelectric Project City of Tacoma, Washington March 17, 2021 VIA FERC Service Mr. Gerald Frye E �- P.O. Box 1194 �- Hoodsport, WA 98548 Subject: Allegations of Non-Compliance Mason County Dear Mr. Frye: Commissioners This letter is in reference to your letter filed on September 2, 2020 regarding the Cushman Hydroelectric Project No. 460. You reiterate concerns regarding the removal of a vault toilet at the Lake Kokanee boat launch and public use of Lower Lake Road to access the Lake Kokanee boat launch and the North Fork Skokomish Salmon Hatchery (fish hatchery)as previously described in letters filed on October 5 and December 6, 2018, which we responded to by letter dated December 20, 2018. Construction of the fish hatchery is a requirement of the license to operate the Cushman Project issued by the Commission! Due to a misunderstanding,the licensee (City of Tacoma)removed the existing vault toilet at the Lake Kokanee boat launch in the process of constructing the new fish hatchery. You state that a new vault toilet should be constructed to replace the one displaced during construction of the fish hatchery,but you do not provide any documentation indicating that the portable toilets fail to meet the need for toilet facilities at the site. Since the City of Tacoma was granted an extension of time, until July 15, 2022,to file a Revised Recreation Plan,2 we would encourage you to I Order on Remand and on Offer of Settlement, Amending License,Authorizing New Powerhouse, and Lifting Stay (132 FERC¶61,037) issued July 15, 2010 (2010 Order). . 2 Extension of Time issued July 9, 2020 granting additional time for the City of Tacoma's to revise its December 23, 2019 filing of a Revised Recreation Plan. Project No. 460-093 2 work with the City of Tacoma during the public participation process associated with the plan revision to address this concern. Regarding your second issue,public access to project recreation facilities, such as ` the Lake Kokanee boat launch is a requirement of the 2010 Order which issued a new license for the Cushman Project. As noted in our March 19, 2019 letter to the City of Tacoma regarding your previous allegation letters,we found that the licensee is in compliance with the terms of the license regarding public road access via Lower Lake Road to the Lake Kokanee boat launch and the North Fork Skokomish Salmon Hatchery. If you have additional concerns regarding property rights, they should be addressed by the court of appropriate jurisdiction as the Commission does not adjudicate property rights. If you have any questions regarding this correspondence,please contact Dr. Mark Ivy at(202) 502-6156, or by e-mail at mark.ivy@ferc.gov. Sincerely, Robert J. Fletcher Land Resources Branch Division of Hydropower Administration and Compliance VIA Electronic Mail cc: Travis Nelson Tacoma Power tnelsonI@cityoftacoma.org MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ginger Kenyon Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: March 30, 2021 Agenda Item (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 # 8078223-8078592 $ 2,082,365.76 Direct Deposit Fund Warrant # 76195-76585 $ 766,483.85 Salary Clearing Fund Warrant # 7005816-7005842 $ 540,127.57 Treasurer Electronic Remittances $ 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 Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 12,779,163.20 Direct Deposit YTD Total $ 4,580,651.81 Salary Clearing YTD Total $ 4,763,482.45 Approval of Treasure Electronic Remittances YTD Total $ 9,678,482.14 RECOMMENDED ACTION: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant# 8078223-8078592 $ 2,082,365.76 Direct Deposit Fund Warrant # 76195-76585 $ 766,483.85 Salary Clearing Fund Warrant # 7005816-7005842 $ 540,127.57 Treasurer Electronic Remittances $ Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda _X_ Public Hearing Other DEPARTMENT: Parks &Trails EXT: 806 COMMISSION MEETING DATE: March 30, 2021 Agenda Item # 8.2 Commissioner staff to complete) BRIEFING DATE: March 22, 2021 BRIEFING PRESENTED BY: Ross McDowell [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Addendum to Mendoza's Texas Style Food vendor contract for MCRA vending BACKGROUND: Food and vending service contract for the 2017 baseball season were awarded to Mendoza's Texas Style Food for MCRA sports complex. The contract had the option of a three-year extension at the COUNTY's sole discretion which was permitted and extended the contract until March 2020. With the onset of the COVID-19 pandemic, MCRA was closed for all of the 2020 sporting seasons and no vending was allowed by the Governor's proclamation order. Mendoza's Texas Style Food requests that the contract be extended for the 2021 and 2022 seasons with the same terms and conditions remaining as originally stated in the 2017 contract of terms. Due to the COVID suspension of vendor service the Parks &Trails Department would like to extends the Mendoza's Texas Style Food contract for an additional two (2) years, (2021 and 2022 seasons) ending March 2023. BUDGET IMPACTS: Mendoza's will remit 10% of the gross income from the sales of concessions at MCRA to the COUNTY at the end of the postponed 2021 and 2022 recreational seasons. The last season worked in March of 2019 Mendoza's remitted to the COUNTY approximately $2,300.00. We have received positive comments from park goers reference Mendoza's food service. RECOMMENDED ACTION: Recommend that the COUNTY BOCC signs and extends the Mendoza's Texas Style Food contract for an additional two (2) years, (2021 and 2022 seasons) ending March 2023. Chief Deputy Prosecutor reviewed this for legality and approved it. H:\Parks and Trails\Parks\Vendors\Mendozas Texas Style Food\Commission Agenda Item Summary 03- 30-2021.doc Attachment A ATTACH M ENT(S): Addendum to Mendoza's Texas Style Food addendum extension of the contract terms. H:\Parks and Trails\Parks\Vendors\Mendozas Texas Style Food\Commission Agenda Item Summary 03- 30-202 Ldoc EXTENSION OF PROFESSIONAL SERVICES CONTRACT WITH MENDOZA'S TEXAS STYLE FOOD FOR VENDING SERVICES AT MCRA Mason County desires to extend the contract with Mendoza's Texas Style Food that was entered into on March 20, 2017 and extended through March 2020 for vendor services for MCRA. With COVID-19 Pandemic canceling the 2020 season, MCRA Park was shut down and no vending services were allowed under the Governor's prelamination. Once the Governor's resends the band on vending services Mason County would extend the agreement for the remaining 2021 and 2022 seasons. The extension for this contract will be March 2023. All provisions of the agreement remain the same. Dated this day of 2021 BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Randy Neatherlin,Chair ATTEST: Clerk of the Board Sharon Trask,Commissioner APPROVED AS TO FORM: Tim Whitehead, Chief DPA Kevin Shutty, Commissioner Raul Mendoza,Owner Mendoza's Texas Style Food MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dan Teuteberg, Director Action Agenda X Public Hearing Other DEPARTMENT: WSU Extension EXT: 686 COMMISSION MEETING DATE: March 30, 2021 Agenda Item # Commissioner staff to complete) BRIEFING DATE: March 22, 2021 BRIEFING PRESENTED BY: Dan Teuteberg, Director [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Amendment #1 of 2021 Washington State University Extension — Mason County "Memorandum of Agreement"Appendix A Form. Background: Request signature of the chair on Amendment #1 of 2021 "Memorandum of Agreement"Appendix A between Mason County and Washington State University Extension. Amendment #1 of 2021 "Memorandum of Agreement"Appendix A provides additional funding of $6,000 for Washington State University Extension to increase 4-H program Coordinator position from a .75 FTE to 1.0 FTE, effective September 1, 2021. Amendment #1 changes the 2021 "Memorandum of Agreement"Appendix A from $71,684 to $77,684. RECOMMENDED ACTION: Recommend that the board approves and signs Amendment #1 of 2021 "Memorandum of Agreement"Appendix A between Mason County and Washington State University Extension. Attachment(s): 1. Amendment #1 of 2021 Memorandum of Agreement Appendix A between Washington State University Extension and Mason County. (2 copies for signature). 3/23/2021 MEMORANDUM OF AGREEMENT AMENDMENT#1 Between WASHINGTON STATE UNIVERSITY EXTENSION And Mason County APPENDIX A The following funds will be provided under this Memorandum of Agreement for the period January 1, 2021 through December 31, 2021 to provide an extension program. Federal Funds $0.00 Non-Federal Funds $77,684.00 TOTAL FUNDS $77,684.00 It is understood that non-Federal funds provided by the County in support of this agreement may be identified by WSU as match for Federal capacity program(Hatch Act, Smith-Lever Act, etc.)funds received by WSU to support Extension activities. Dr. Vicki McCracken Date Randy Neatherlin Date Director Chair,Mason County Commission WSU Extension Daniel G. Nordquist Date Associate Vice President Office of Research Support and Operations MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lisa Frazier Action Agenda x Public Hearing Other DEPARTMENT: Treasurer EXT: DATE: 3/12/2021 Agenda Item # . Commissioner staff to complete) BRIEFING DATE: March 30, 2021 BRIEFING PRESENTED BY: [ X ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Non -Urgent — Briefing requirement excused — Annual Action Item ITEM: Resolution to Cancel Outstanding County Warrants Background: RCW 39.56.040 — states in part..................warrants not presented within one year of their issue, shall be canceled by passage of a resolution of the governing body of the municipal corporation, and upon such notice of passage of such resolution the auditor of the municipal corporation and the treasurer of the municipal corporation shall transfer all records of such warrants so as to the funds as if such warrants had never been drawn. Budget Impacts: None —there would be a $4,901.61 increase to the fund(s) cash balances. RECOMMENDED ACTION: Approval of Resolution to Cancel Outstanding Warrants Attachment(s): Resolution...................... RESOLUTION NO. CANCELLATION OF OUTSTANDING WARRANTS WHEREAS, RCW 39.56.040 states in part................warrants not presented within in one year of their issue, shall be canceled by passage of a resolution of the governing body of the municipal corporations, and upon such notice of passage of such resolution the auditor of the municipal corporation and the treasurer of the municipal corporation shall transfer all records of such warrants so as to the funds as if such warrants had never been drawn. WHEREAS, approval of such resolution will allow the auditor and/or treasurer of such municipal corporation the authority to void the warrants as listed in Exhibit A and provide for in the process adjusted cash balances to those funds for which the warrants were originally drawn as required by RCW 39.56.040. WHEREAS,the County Auditor's Office has finished their due diligence efforts and provided the Treasurer's Office with an updated list of outstanding warrants to be voided. Such list has been attached as Exhibit A. NOW THEREFORE, BE IT RESOLVED that the Board of Mason County Commissioners hereby authorize the County Auditor's Office to void the outstanding warrants as set out in Exhibit A, attached pursuant to RCW 39.56.040. Dated this day of 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair McKenzie Smith, Clerk of the Board Kevin Shutty,Vice Chair APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief Deputy Prosecuting Attorney cc: Auditor Finance,Treasurer's Office Exhibit A VOIDED COUNTY WARRANT REPORT WARRANT #: AMOUNT: DATE WRITTEN: VENDOR NUMBER / NAME: 806S371 18.12 06/27/19 250 CONLEY, BRUNO HUGO 8065102 17.S4 06/25/19 2S0 PHELPS,VIRGINIA ANN 8065060 10.00 06/25/19 250 CRISTINA GASPAR ANTONIO 8065063 10.00 06/25/19 250 EUSTAQUIO RAMIREZ PEREZ 8065055 11.74 06/25/19 250 CARLOS PABLO ORDONEZ 8065059 24.50 06/25/19 250 COX, LESLIE ANN 8064771 10.00 06/05/19 250 JUSTIN SMITH 8064273 11.74 05/07/19 250 RANDAllO, ANTHONY VINCENT 8064265 36.96 05/07/19 250 PEARSON, MARCY LYNNE 8064263 27.40 05/07/19 250 PAGE HUGHES, LYNDA RENEE 8064239 33.20 05/07/19 250 HINSON, NICHOLAS JAMES 8064236 19.28 05/07/19 250 HILL, DORI 8064218 47.40 05/07/19 250 DIETZ,TAMARA M 8064055 10.00 05/01/19 250 ANGELINA BRADY 8064057 10.00 05/01/19 250 LUCIA SANTACRUZ 8064058 10.00 05/01/19 250 ROSIO SANTACRUZ 8062872 20.44 02/26/19 250 SPILL, MICHAEL H 8062869 23.34 02/26/19 250 SANDERS, MICAH 8062839 36.24 02/26/19 250 GIBONEY,JILL, FLORENCE 8062579 12.90 02/20/19 250 NAZARIO PABLO PABLO 8062353 11.09 01/29/19 250 SAN NICOLAS, NOAH JAMES 8062341 27.99 01/29/19 2S0 NEWELL,JENNAKA GRACE 8062305 21.99 01/29/19 250 DIXON,THERON C 8062295 12.18 01/29/19 2S0 BOWMAN, SHERYL ANN 8061476 11.09 12/19/18 250 WILLIS,JOSHUA TODD 8061472 10.55 12/19/18 250 WATTERSON, ROBERT MICHAEL 8061468 23.63 12/19/18 250 WALKER, HILLARY SCOTT 8061453 13.82 12/19/18 250 SCOTT, CHRISTOPHER WAYNE 8061442 11.64 12/19/18 250 OSTHELLER, KARL WILLIAM 8061416 31.26 12/19/18 250 KARLSON, BRANDON LIND 8061407 35.07 12/19/18 250 HOYT, LOREN EARL 8061380 23.08 12/19/18 250 DAY, MICHAEL EUGENE 8061364 18.72 12/19/18 2S0 BOUCHIE,JAMES WARREN 8061215 20.90 1 2/1 1/18 250 SOL,TARA SKYAR 8061184 64.69 12/1 1/18 250 REHFIELD, MACEALA LOVE 8061176 43.98 12/1 1/18 250 PENTONY, KAREN JOHNSON 8061153 18.18 1 2/1 1/18 250 MALONE, GEORGIA LEIGH 8061133 18.18 12/1 1/18 250JOHNSON, STARLENE 8061081 49.79 12/1 1/18 250 CARPENTER, GREGORY A 8060528 14.36 1 1/20/18 250 BRITTANY MEYER 8060531 20.90 1 1/20/18 250 ROBERT DICKINSON 8060368 10.00 11/07/18 250 TAYLER MCCASLIN 8059975 61.42 10/1 9/18 250 MARKS,JOHN STUART 8059597 36.35 10/10/18 250 ZENK,TOMAS WARDEN 8059591 24.72 10/10/18 250 YANTIS, APRIL F 8059587 22.18 10/10/18 250 WILSON, MICHAELJOSEPH 8059584 47.06 10/10/18 250 WHEELER,AARON SAMUEL 8059564 70.14 10/10/18 250 URBAND, COREY GABRIEL 8059534 61.42 10/10/18 250 SIMMONS, CEDAR IMPASHA 8059518 47.06 10/10/18 250 ROBERTS,JAMES FRANCIS 8059517 14.36 10/10/18 250 ROBERTS, HAILEY MARIE 8059504 20.90 10/10/18 250 PEPPER, GERALD N 8059493 23.63 10/10/18 250 MOUNTS, ERICA CHRISTINE 8059467 36.71 10/10/18 250 MASTEL, AMELIE L 8059439 11.09 10/10/18 250 KOETH, CONNIE 8059429 35.62 10/10/18 250 JORDAN, KAILEN ANN 8059366 28.53 10/10/18 250 EPPS, DEREK CLAY 8059353 17.09 10/10/18 250 DALY, PATRICK J 8059311 21.99 10/10/18 250 BLUNCK, LISA MAY 8059291 59.24 10/10/18 250 ARRINGTON, FAYRENE B 8058355 23.08 08/08/18 250 WEISGARBER, STEVEN PAUL 80S83SO 32.89 08/08/18 250 VAUGHAN,JODENE M 8058330 27.63 08/08/18 250 SHOCKLEY, CHRISTOPHER L 8058321 23.27 08/08/18 250 RIVERS, KENNETH R 8058312 38.34 08/08/18 250 PHILLIPS, LINDSEY LEE ANN 8058289 38.34 08/08/18 250 MATTHEWS,JOSHUA ALLEN 8058271 46.52 08/08/18 250 KELLY, PATRICK MICHAEL 8058264 14.36 08/08/18 250JOHNSON, KYLE PATRICK 8058242 16.54 08/08/18 250 GEESLIN, LISA EILEEN 8058226 33.44 08/08/18 250 DAEUBLE, CLINTON THEODORE 8058193 14.91 08/08/18 250 ANDERSON, STEVEN BRIAN 8057914 10.00 07/1 7/18 250 BRIAN CRUZ 8057559 11.09 07/11/18 250 RAND, HERBERT S 8057535 25.26 07/1 1/18 250 LAVER, KAREN BARKER 8057534 44.88 07/1 1 /18 250 LAURITSEN, GARY 8057513 23.27 07/1 1/18 250 EGBERT,1ANELLE LINDSEY 7001894 150.00 05/01/1 6 FARAH DEROSIER 7002387 742.50 1 1/23/1 6 FRAT ORDER OF POL 7002606 729.00 02/24/17 FRAT ORDER OF POL 7002747 50.00 04/25/17 WA STAFF ASSAULT TSK 7003083 35.99 09/25/17 DROGMUND,TEDDY 7003397 50.00 01/25/18 WA STAFF ASSAULT TSK 7003507 174.87 03/23/18 PLAMONDON, KYLE 7003844 0.03 08/13/18 REECE, PRESTON 7004915 50.00 12/24/19 WA STAFF ASSAULT TSK 7004978 50.00 01/24/20 WA STAFF ASSAULT TSK 7005039 50.00 02/25/20 WA STAFF ASSAULT TSK 7005098 50.00 03/25/20 WA STAFF ASSAULT TSK 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: March 30, 2021 Agenda Item # Commissioner staff to complete) BRIEFING DATE: March 22, 2021 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of the resolution declaring the following Mason County Code Chapters obsolete and remove from the Mason County Code: Chapter 3.04 Admissions Tax; Chapter 3.152 Chaplains Fund; Chapter 3.178 Volunteer Fund; Chapter 5.04 Merchant Patrolmen; Chapter 5.08 Junk Dealers, Secondhand Dealers and Pawnbrokers; Chapter 5.12 Carnivals and Circuses and Chapter 9.40 Alarm Systems. Background: The following County Code Chapters are obsolete and staff recommendation is to delete them: Chapter 3.152 - SHERIFF CHAPLAIN FUND https://Iibrary.municode.com/wa/mason county/codes/code of ordinances?nodeId=TIT3REFI C H3.152SHCHFU Funds are now deposited into dedicated revenue line in Current Expense. Chapter 3.178 - SHERIFF VOLUNTEERS FUND https://Iibrary.municode.com/wa/mason county/codes/code of ordinances?nodeId=TIT3REFI C H3.178SHVOFU Funds are now deposited into dedicated revenue line in Current Expense. Chapter 3.04 - ADMISSIONS TAX https://Iibrary.municode.com/wa/mason county/codes/code of ordinances?nodeId=TIT3REFI C H 3.04ADTA This Chapter was established in 1943 and is very outdated. Treasurer Lisa Frazier stated in her 40 years at the County, this tax has never been collected. Chapter 5.04 - MERCHANT PATROLMEN https://Iibrary.municode.com/wa/mason county/codes/code of ordinances?nodeId=TIT5BULIRE This Chapter was established in 1968 and I verified with Sheriff's Office it can be deleted. Chapter 5.08 -JUNK DEALERS, SECONDHAND DEALERS AND PAWNBROKERS https://Iibrary.municode.com/wa/mason county/codes/code of ordinances?nodeId=TIT5BULIRE This Chapter was established in 1975 and I verified with the Sheriff's Office it can be deleted. Chapter 5.12 - CARNIVALS AND CIRCUSES https://Iibrary.municode.com/wa/mason county/codes/code of ordinances?nodeId=TIT5BULIRE This Chapter was established in 1951 and I know it has not been used in at least the last 30 years. Chapter 9.40 ALARM SYTEMS https://Iibrary.municode.com/wa/mason county/codes/code of ordinances?nodeId=TIT9PEMOS A CH9.40ALSY After discussion with the Sheriff's Office, this Code is obsolete and no longer needed. Budget Impacts: None RECOMMENDED ACTION: Approval to declare the following Mason County Code Chapters obsolete and remove from the Mason County Code: Chapter 3.04 Admissions Tax; Chapter 3.152 Chaplains Fund; Chapter 3.178 Volunteer Fund; Chapter 5.04 Merchant Patrolmen; Chapter 5.08 Junk Dealers, Secondhand Dealers and Pawnbrokers; Chapter 5.12 Carnivals and Circuses and Chapter 9.40 Alarm Systems. Attachment(s): Resolution RESOLUTION NO. A RESOLUTION deleting Mason County Code Chapter 3.04 Admissions Tax, Chapter 3.152 Chaplains Fund, Chapter 3.178 Volunteer Fund; Chapter 5.04 Merchant Patrolmen; Chapter 5.08 Junk Dealers, Secondhand Dealers and Pawnbrokers; Chapter 5.12 Carnivals & Circuses; Chapter 9.40 Alarm Systems WHEREAS, Mason County Code Chapter 3.04 Admissions Tax was established in 1943 and has not been utilized; WHEREAS, Mason County Code Chapter 3.152, Chaplains Fund, was established in 2007 and the funds are now placed in Current Expense as dedicated revenues; WHEREAS, Mason County Code Chapter 3.178 Volunteer Fund, was established in 2008 and the funds are now placed in Current Expense as dedicated revenues; WHEREAS, Mason County Code Chapter 5.04 Merchant Patrolmen was established in 1968, is obsolete and no longer used; WHEREAS, Mason County Code Chapter 5.08 Junk Dealers, Secondhand Dealers and Pawnbrokers was established in 1975, is obsolete and no longer used; WHEREAS, Mason County Code Chapter 5.12 Carnivals and Circuses was established in 1951, is obsolete and no longer used; WHEREAS, Mason County Code Chapter 9.40 Alarm Systems was established in 1989 to address false alarms and with changing technology this policy is obsolete and no longer used; WHEREAS, it is staff's recommendation to delete the above Chapters from the Mason County Code; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF MASON COUNTY COMMISSIONERS to declare the following Mason County Code Chapters obsolete and remove from the Mason County Code: Chapter 3.04 Admissions Tax; Chapter 3.152 Chaplains Fund; Chapter 3.178 Volunteer Fund; Chapter 5.04 Merchant Patrolmen; Chapter 5.08 Junk Dealers, Secondhand Dealers and Pawnbrokers; Chapter 5.12 Carnivals and Circuses and Chapter 9.40 Alarm Systems. ADOPTED: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief Deputy Prosecuting Kevin Shutty, Commissioner Attorney J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2021\Delete 7 chapters from Code.doc 2/24/2021 Mason County,WA Code of Ordinances Chapter 3.152 - SHERIFF CHAPLAIN FUND 3.152.010 - Established. The Mason County Board of County Commissioners does hereby establish the Mason County sheriff chaplain fund (141-000-000)to receive revenues and pay costs incurred by the sheriffs chaplain program. (Res. 86-07 (part), 2007). 3.152.020 -Administration. The undersheriff in the sheriff's office will administer this fund and pay proper expenses from this fund as approved by the Mason County board of county commissioners. (Res. 86-07 (part), 2007). 1/1 2/24/2021 Mason County,WA Code of Ordinances Chapter 3.152 - SHERIFF CHAPLAIN FUND 3.152.010 - Established. The Mason County Board of County Commissioners does hereby establish the Mason County sheriff chaplain fund (141-000-000)to receive revenues and pay costs incurred by the sheriffs chaplain program. (Res. 86-07 (part), 2007). 3.152.020 -Administration. The undersheriff in the sheriff's office will administer this fund and pay proper expenses from this fund as approved by the Mason County board of county commissioners. (Res. 86-07 (part), 2007). 1/1 2/24/2021 Mason County,WA Code of Ordinances Chapter 3.178 - SHERIFF VOLUNTEERS FUND 3.178.010 - Established. The board of Mason County commissioners does establish the Mason County sheriff volunteer fund (144-000-000) to receive resources and pay the costs of the sheriffs volunteer's morale, welfare, and training functions. (Res. 105-08 (part), 2008). 3.178.020 -Administration. The Mason County sheriff will administer this fund and pay proper expenses from this fund as approved by the Mason County board of county commissioners. (Res. 105-08 (part), 2008). 1/1 2/19/2021 Mason County,WA Code of Ordinances Chapter 3.04-ADMISSIONS TAX 3.04.010- Definitions. For the purposes of this chapter, unless otherwise required by the context, words and phrases shall have the following meaning: (1) "Admission charge" means the amount paid for the privilege of entering into anyplace for recreation or amusement, and when persons are admitted free or at a reduced rate it means the amount paid by others for similar accommodations or privileges. In addition to its ordinary meaning it includes the following: (A) The charge made for admission to any building or enclosure within which is located any swimming pool, skating rink, dance hall, dancing facility, park, resort,fair, circus, or other places containing recreation or amusement facilities, and also the charge made for the use of the equipment or facilities themselves which are located therein, (B) Automobile parking charges when the amount thereof is determined according to the number of passengers in the automobile, (C) Where the amount paid for admission to any public performance is included within the price paid for meals, refreshments or services a fair portion of such charge shall be deemed an admission charge, under such reasonable rules as the treasurer shall promulgate, (D) When passes or tickets for admission are issued to certain individuals free or for lesser rate than is charged to others for taxable admission charge shall be the charge made to others for similar accommodations, and a tax measured thereby shall be collected from such individuals; provided, however,that when the charge regularly made to women, children, students, soldiers or other particular group or class is less than the charge made to men,the lesser charge shall not be deemed to be a reduced rate, and the tax herein levied shall apply only to the actual charge made; and provided further that the tax shall not apply to free admissions granted to bona fide employees of the proprietor or to public employees while engaged in conducting their official business. "Admission charge" does not include the charge made for the mere use of pool and billiard tables, bowling alleys, card playing facilities or coin operated machines, nor does it include any portion of the charge made by a bona fide private social or service club, church or society, for entertainment or recreation,which is not conducted for profit, attendance to which is not open to the public but is limited to members of the organization and individually invited guests of such members. (2) "Board" means the board of county commissioners of Mason County. (3) "County" means Mason County, state of Washington. (4) "Person" means any individual, firm, copartnership, company, corporation, municipal corporation, the state of Washington,the United States of America, association, society, or any group of individuals acting as a unit whether mutual, cooperative fraternal, religious, nonprofit or otherwise. (5) "Place" means, without limiting its scope, a theater, show house, cabaret, night club, art gallery, museum, dance hall, athletic park, swimming pool, skating rink, resort ground, amusement park, and other enclosures and buildings or portions thereof and buildings or portions thereof wherein entertainment or 1/6 2/19/2021 Mason County,WA Code of Ordinances recreation is provided, and located within the boundaries of the county or in any state or federal reservation therein, under such rules as the treasurer shall promulgate, not inconsistent with the extent of this chapter. (6) "Treasurer" means the county treasurer. (§ 1 of Ord. dated August 16, 1943). 3.04.020- Rate of tax—Who may be taxed. From and after the first day of August, 1943,there is hereby levied and there shall be collected a tax of one cent for each twenty cents or fractions thereof of the admission charge to any place,to be paid by the person paying for such admission or by the person admitted free or at a reduced rate, to the person conducting the place to which an admission charge is made. (§ 2 of Ord. dated August 16, 1943). 3.04.030-Tax on admission ticket—Waiver. Every admission ticket shall have printed thereon, separately the price for which the ticket is sold and the amount of the tax imposed by this chapter in respect thereto. The treasurer, in his discretion, may waive this provision and in lieu thereof require that the admission charge and the tax be separately stated and conspicuously posted at the box office or main entrance of the place of entertainment. (§ 3 of Ord. dated August 16, 1943). 3.04.040-Collection—Payment to treasurer—Failure to collect. Every person receiving any payment for admission taxable under this chapter shall, at the time of receiving same, collect the amount of tax imposed hereby from the persons making such payments or from those admitted free or at a reduced rate.The tax required to be collected under this chapter shall be held in trust by the person required to collect the same until paid to the treasurer as herein provided, and any person receiving payment of such taxes who appropriates or converts the same to his own use or to any use other than the payment of the tax as herein provided, to the extent that the amount of the tax is not available on the due date for filing returns as herein provided, is guilty of a gross misdemeanor. In case any person required to collect the tax imposed hereunder fails to collect the same, or having collected the tax fails to pay the same to the treasurer in the manner herein prescribed, whether such failure be the result of his own acts or the result of acts or conditions beyond his control, he shall nevertheless be personally liable to the county for the amount of the tax.The person receiving any payment for admissions shall make out a return, upon such forms and setting forth such information as the treasurer may require, showing the amount of tax upon admissions for which he is liable for the preceding bimonthly period and sign and transmit the same to the treasurer together with a remittance for the amount thereof. Payment of the tax may be made in cash, money order, or check under such regulations as the treasurer may prescribe, but if an uncertified check received by the treasurer is not paid by the bank on which it is drawn the taxpayer who tendered the same shall remain liable for the payment of the tax and for all legal penalties the same as if such check had not been tendered. (§ 4 of Ord. dated August 16, 1943). 3.04.050- Registration certificate. 2/6 2/19/2021 Mason County,WA Code of Ordinances Every person who engages in any business in which he is required to collect a tax imposed by this chapter shall, under such rules as the treasurer shall prescribe and before engaging in such business, apply for and obtain from the treasurer, upon the payment of a fee of one dollar a registration certificate.The certificate shall be personal and nontransferable, and shall be valid as long as such person shall continue in business and pay the tax accrued under the provisions of this chapter. In case business is transacted at two or more separate places by one person a separate certificate for each place at which business is transacted with the public shall be required, but no fee shall be required for such additional certificates. Each certificate shall contain such information as the treasurer deems necessary and shall be posted conspicuously at the place of business for which it is issued. When a place of business is changed the taxpayer must return to the treasurer the existing certificate, and a new certificate will be issued for the new location free of charge. No person shall engage in any business which is required to collect the tax hereunder without being registered as herein provided; provided, however,the treasurer, by general regulation, may provide for the issuance of certificates of registration to temporary places of business without requiring the payment of any fee.The treasurer may declare the tax upon admissions to temporary or itinerant places of amusement to be immediately due and payable and collect the same forthwith,when in his discretion he believes there is a possibility that the tax imposed hereunder may not be paid. In the event any person to whom a certificate of registration has been issued willfully violates any provision of this chapter, the treasurer, in his discretion, may by order revoke such certificate, and thereupon post a copy of such order in a conspicuous place at the main entrance of the taxpayer's place of business. (§ 5 of Ord. dated August 16, 1943). 3.04.060- Filing return—Time extension. The treasurer may extend the time for making and filing any return required under this chapter, not exceeding ninety days for the due date; provided, however,that any extension in excess of thirty days shall be conditioned on payment of interest of one-half of one percent for each thirty days or portion thereof of the amount of the tax from the date upon which the same became due until paid. If payment of any tax due under this chapter is not received by the treasurer within ten days of the due date thereof as fixed in this chapter or as extended as above provided,there may be added to such a tax a penalty of ten percent of the amount of the tax. (§ 6 of Ord. dated August 16, 1943). 3.04.070- Failure to file return—Estimate of tax—Oath—Penalty and interest. (a) If any person fails or refuses to make any return required hereunder,the treasurer shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the amount of such tax; and to this end the treasurer or his duly appointed deputy may make examination of the books, records and papers of any such person and may take evidence on oath of any person relating to the subject of inquiry.The oath may be administered by the treasurer or his authorized deputy. (b) When the treasurer has procured such facts and information as he is able to obtain upon which to base the assessment of any tax payable by any person who has failed or refused to make a return, he shall proceed to determine and assess against such person the tax and penalties provided for by this chapter.To such assessment the treasurer may add a further penalty of not more than twenty-five percent of the amount of the tax found by him to be due, which shall be in addition to all other penalties, and may add thereto interest 3/6 2/19/2021 Mason County,WA Code of Ordinances at the rate of one percent per month of the amount of the tax, interest and added penalties for each thirty days or portion thereof from the date upon which the tax became due as provided herein until paid, and shall notify such taxpayer by mail of the total amount of such tax, penalties and interest, and this total amount shall become due and payable within thirty days from the day of such notice, and if not paid within that time,the total amount shall bear interest of one percent for each thirty days or fraction thereof from such due date until paid. (§ 7 of Ord. dated August 16, 1943). 3.04.080-Tax assessment—Hearing—Credit for overpayment—Appeal. (a) Any person having been issued a notice of additional taxes, delinquent taxes, interest or penalties assessed by the treasurer, may within twenty days after the issuance of the original notice of the amount thereof, petition the treasurer in writing for a hearing and correction of the amount of such assessment.The treasurer shall promptly grant such hearing and fix the time and place thereof and notify the petitioner by mail. If no such petition is filed within twenty-day period,the assessment covered by such notice shall become final. (b) If from any investigation the treasurer finds that a tax has been paid in excess of the amount due, the treasurer shall issue to the taxpayer a credit note of such excess amount,which credit note shall be assignable upon approval by the treasurer, and may be received by the treasurer from the holder thereof in lieu of cash for the payment of tax liability incurred hereunder by such holder and for no other purpose whatsoever. (c) Any person, except one who has failed to keep and preserve books and records as hereinafter provided, having paid any tax, interest or penalty hereunder, and feeling aggrieved by the amount thereof, may appeal to the superior court of the county within one year after the date of payment thereof for a recovery of the amount of tax, penalty and interest alleged to have been illegally paid.The appeal shall be perfected by serving a copy of the notice of appeal upon the treasurer within the time herein provided and by filing the original thereof with proof of service with the clerk of the superior court for the county.Within ten days after the filing of notice of such appeal, the taxpayer shall file with the clerk of the court a surety bond payable to the county in the sum of two hundred dollars, conditioned to diligently prosecute the appeal and pay the county all costs that may be awarded to it.The trial in the court on the appeal shall be de nova and without the necessity of any pleading other than the notice of appeal.The burden shall rest upon the taxpayer to prove that the tax as paid by him is incorrect, either in whole or in part, and to establish the correct amount of the tax. In such proceeding the taxpayer shall be deemed the plaintiff, and the county the defendant; and both parties shall be entitled to subpoena and require the attendance of witnesses as in any other civil action, and to produce evidence that is competent and material to determine the correct amount of the tax. Either party shall be allowed to appeal to the Supreme Court of the state in the same manner as other civil actions are appealed to that court. It shall not be necessary for the taxpayer to protest the payment of any tax or to make any demand to have the same refunded or to petition the treasurer for a hearing in order to appeal to the courts, as herein provided. No court action or proceeding of any kind shall be maintained by the taxpayer to recover any tax paid or any part thereof, except as herein provided. (§ 8 of Ord. dated August 16, 1943). 3.04.090-Administration. 4/6 2/19/2021 Mason County,WA Code of Ordinances The administration of this chapter shall be vested in and exercised by the treasurer who shall prescribe forms and rules of procedure in conformity with this chapter and for the determination of the taxable status of any person, for the making of returns and for the ascertainment, assessment and collection of taxes and penalties imposed hereunder.The treasurer shall make rules not inconsistent with this chapter necessary in enforcing its provisions,which rules shall have the same force and effect as if specifically included herein unless declared invalid by the judgment of a court of record not appealed from. Such rules shall be on file in the office of the treasurer and shall become effective ten days after the filing thereof, and shall be open to the public inspection at all reasonable times. (§ 9 of Ord. dated August 16, 1943). 3.04.100- Returns—Disclosure of information unlawful—Exceptions. It is unlawful for the treasurer or any deputy, agent or employee thereof, or for any other person, to make known or reveal any facts or information contained in any return filed by any taxpayer pursuant to the provisions of this chapter or disclosed in any investigation or examination of the taxpayer's books or records made in connection with the administration of this chapter.The foregoing, however, shall not prohibit the treasurer or his deputy from: (1) Giving such facts or information in evidence in any court action involving tax imposed hereunder or involving any violation of the provisions of this chapter; (2) Giving such facts and information to the taxpayer or his duly authorized agent; (3) Publishing statistics so classified as to prevent the identification of particular returns or reports or items thereof; (4) Giving such facts or information, for official purposes only,to the board of county commissioners,the Tax Commission of the state of Washington,the Commissioner of Internal Revenue of the United States,the Department of justice, the Army and Navy Department of the United States, or any authorized representative thereof. (§ 10 of Ord. dated August 16, 1943). 3.04.110- Records required. It shall be the duty of every person liable for tax hereunder to keep and preserve for a period of two years such suitable records as may be necessary to determine the amount of any tax for which he may be liable under the provisions of this chapter and such books and records shall be open for examination at any time by the treasurer or his duly authorized deputy.Any person who fails to comply with the requirements of this section shall be forever barred from questioning in any court action or proceeding the correctness of any assessment of taxes made by the treasurer and based upon any period for which such books and records have not been so kept and preserved. Except in case of fraud, the treasurer shall not assess against any taxpayer any tax that may have become payable under the provisions of this chapter and remained unpaid for more than three years. (§ 11 of Ord. dated August 16, 1943). 3.04.120-Tax exemptions. The provisions of this chapter shall not apply to: (1) Admissions to any place located within the corporate limits of any city or town in the county during the 5/6 2/19/2021 Mason County,WA Code of Ordinances time that such city or town imposes a tax of similar nature upon the admission charge to any place within its corporate limits; (2) Any admission charge which is less than eleven cents. (§ 12 of Ord, dated August 16, 1943). 3.04.130- Unlawful acts—Penalty. It is unlawful for any person to engage in the business of charging an admission to any place without having obtained a certificate of registration as provided herein; or to engage in such business after his certificate shall have been revoked by order of the treasurer; or to make any false or fraudulent return or false statement in any return with intent to defraud the county or evade the payment of the tax imposed by this chapter; or for any person to fail or refuse to permit the examination of any record by the treasurer or his deputy as provided by this chapter; or to wilfully violate any other provision of this chapter.Any person violating any of the provisions of this section is guilty of a gross misdemeanor and punishable in the manner provided by law. In addition to the foregoing penalties, any person who shall knowingly sign any false or fraudulent return or any return containing any false or fraudulent statement,with intent to defraud the county, is guilty of the offense of perjury in the second degree and, on conviction thereof, shall be punished in the manner provided by law. All penalties or punishments provided in this section shall be in addition to all other penalties provided in this chapter. (§ 13 of Ord. dated August 16, 1943). 3.04.140- Deposition of proceeds. The treasurer shall deposit the proceeds of the tax levied by this chapter in the county current expense fund. Moneys so deposited shall be deemed a county current expense fund tax, receipt subject to budgeting and expenditure by the board of county commissioners in the manner provided by law for other current expense fund expenditures. (§ 14 of Ord. dated August 16, 1943). 6/6 2/24/2021 Mason County,WA Code of Ordinances Chapter 5.04- MERCHANT PATROLMEN Sections: 5.04.010 - Definitions. For the purpose of this chapter, the words and phrases used herein, unless the context otherwise indicates, shall have the following meanings: (1) "Agency" means and includes any person who, as principal or employer, engages in or who advises or holds himself out as being engaged in the patrol business, regardless of trade name. (2) "Merchant patrol, security patrol business or any other business engaged in the following" means and includes the business of, or the representation of being engaged in the business of, guarding or protecting persons or other persons' property, or patrolling streets, or businesses, districts or territory for such purpose, for hire or reward, as a business, and/or as an independent contractor regardless of trade name. (3) "Patrolman" means and includes any person who engages in, or who advises or holds himself out as being engaged in, the patrol business, or is engaged in the patrol business as an agent or employee of any agency as defined in paragraph (2). (4) Any person who engages in any of the foregoing activities set forth in paragraphs (1), (2) and (3) above as a part of his regular employment, or as an independent contractor for one employer, wholly upon the premises controlled by his employer or single contractor, and for the exclusive benefit of such employer or such contractor, is a watchman employee, or an independent contractor of one employer, and not otherwise covered by this chapter. (§ 1 of Res. passed May 20, 1968). 5.04.020 -Agency license required—Method of application—Bond—Fee It is unlawful for any person, firm or corporation to engage in any security or any other business as outlined in Section 5.04.010 (1), (2) and (3) in the unincorporated areas of Mason County without first having obtained a license to do so from the Mason County sheriffs office in the following manner: (1) The applicant shall furnish full information in writing to the Mason County sheriff's office concerning the ownership of the agency, trade name and location, together with the names and addresses of all persons employing the agency, the information to be kept accurate as of the close of each month's business. (2) The applicant for an agency license shall file with the Mason County sheriff's office, at the time of filing the application, a surety bond in the amount of two thousand dollars in favor of Mason County and the Mason County sheriff, state of Washington, conditioned that the 1/3 2/24/2021 Mason County,WA Code of Ordinances licensee will faithfully comply with all of the requirements of this chapter insofar as they relate to the business of the agency by trade name. (3) The license fee for an agency shall be twenty-five dollars per year. For the purpose of this chapter, "per year" shall be considered as the time from January 1 st to December 31 st of each year, or any portion thereof. (§ 2 of Res. passed May 20, 1968). 5.04.030 -Agency patrolman's license required—Fee. It is unlawful for any person to act on behalf of any agency engaged in the foregoing business without first obtaining a license from the Mason County sheriff's office to do so. The licensee shall be known as a patrolman under the agency's trade name. The license fee for the patrolman shall be in the amount of five dollars per year or any portion thereof, commencing January 1 st and ending December 31 st of each year. (§ 3 of Res. passed May 20, 1968). 5.04.040-Agency and/or patrolman's license—Application—Investigation. Application for a patrolman's and/or agency license shall be made to the Mason County sheriff's office on forms to be furnished by him for that purpose, and shall be signed, verified and notarized by the applicant, and shall state his full name, age, date of birth and residence, his present and previous occupations, and the address of the place of business and the name of his employer. No application shall be accepted by the Mason County sheriff until the applicant has been investigated and approved by Mason County sheriff. The Mason County sheriffs office shall fingerprint and photograph the applicant, and shall make a full investigation as to the statements contained in the application. The sheriff shall furnish a written report to the Mason County commissioners and prosecuting attorney as to the results of his investigation and his recommendation as to the disposition of the application. (§ 4 of Res. passed May 20, 1968). 5.04.050 -Agency and/or patrolman's license—Prohibitive to felons. A patrolman and/or agency license shall not be granted to any person or agency who, within twenty years of the date of application for such license, has been convicted of any felony. (§ 5 of Res. passed May 20, 1968). 5.04.060 - Uniform and badge. Patrolmen on duty must wear a uniform and a badge in a style and design approved by the Mason County sheriff, and all vehicles used by the patrolmen shall be conspicuously marked on both the front doors showing the trade name of the licensee. 213 2/24/2021 Mason County,WA Code of Ordinances (§ 6 of Res. passed May 20, 1968). 5.04.070 -Vehicles. Any licensee under this chapter shall furnish to the sheriff the description of all motor vehicles which are to be used by the licensee, and state what emblems and/or markings are displayed thereon. (§ 7 of Res. passed May 20, 1968). 5.04.080 - Reports. (a) The licensee or agency shall furnish to the sheriff a monthly report containing the following information: Property owners name, address, and general location of property being patrolled. (b) The licensee shall furnish to the sheriff a daily report of all suspected violations of state and county laws which have been observed, these reports to contain the following information: Patrolman's name, address, phone number, date of violation, time, location, what action was taken by patrolman if any. (§ 8 of Res. passed May 20, 1968). 5.04.090 -Agency and/or patrolman's license—Revocation. In addition to the penalty provided by law, the board of county commissioners or the sheriff of Mason County, after a hearing, shall have the right to revoke or suspend any license or licenses issued by virtue of this chapter for cause, or where the same were procured by fraud or false representation of facts, or for the violation of or failure to comply with any of the provisions of this chapter, or the conviction of a person holding such license of a felony or a misdemeanor involving moral turpitude. (§ 9 of Res. passed May 20, 1968). 3/3 2/24/2021 Mason County,WA Code of Ordinances Chapter 5.08-JUNK DEALERS, SECONDHAND DEALERS AND PAWNBROKERS Sections: 5.08.010- Licenses and bond required. It is unlawful for any person,firm, partnership, corporation or association in Mason County to engage in the business of buying or selling secondhand goods or junk without first obtaining a license in Mason County to do so; provided,this section shall not apply to religious, charitable and nonprofit organizations; provided,further,that this section shall not apply to home sales,yard sales,garage sales, etc.,that are of no more than three days' duration; and in addition thereto, shall, before receiving the license, give a surety company bond to the county in the sum of one thousand dollars conditioned for the due observance and faithful compliance with all the terms and conditions of such ordinances as may be in force or may be passed respecting the business of secondhand or junk dealer and pay a fee for the issuance of such license in the sum of thirty-five dollars.The license shall not be assignable, and shall be kept posted in a conspicuous place in the place of business of the licensee; provided, the term "place of business" includes that fixed and permanent location whereon the business is conducted. Any person having more than one place of business where junk or secondhand goods are bought, sold,traded, bartered or exchanged shall be required to procure a separate license for each and every such place of business. (Ord. 558(part), 1975). 5.08.020- Definitions. (a) The term "secondhand" includes any and all used or secondhand goods purchased or kept for sale by a dealer in secondhand goods or parts thereof which can be used again for the purpose for which they were originally intended. (b) The term "junk" includes old rope, iron, brass, copper,tin and lead, rags, empty bottles, paper, bagging, parts of machinery, scrap metals of all kinds, and such other worn out or discarded material and odds and ends as can be turned to some use, but which cannot be used again for the purpose for which they were originally intended. (Ord. 558 (part), 1975). 5.08.030- Plot plans required. (a) An application for a license to operate a place of business shall require a site plan. (b) Before the license is issued, an acceptable site plan must be approved. A site to be acceptable must meet the following standards: (1) A sight-obscuring fence which will completely screen the abutting property must be constructed. It shall be a minimum of six feet in height and shall be of a single solid color. (2) No junk shall be visible from any public right-of-way. All materials or parts shall be stored and located within the fenced area or enclosed structure. (3) A performance bond shall be required to assure completion of the place of business as approved. (4) No junk shall be stored so that it exceeds the height of the fence. 1/4 2/24/2021 Mason County,WA Code of Ordinances (5) The permits shall be granted for a period not to exceed one year, and at the end of such period an inspectic made of the premises to determine the advisability of renewing such permit. (6) No place of business shall locate in a residential area. (Ord. 558(part), 1975). 5.08.040-Administration. (a) The Mason County sheriff shall administer this chapter. No license shall be issued unless approved by the board of Mason County commissioners. (b) The license period shall be July 1 st through June 30th. (Ord. 558 (part), 1975). 5.08.060-junk and secondhand dealers—Purchase from juvenile, intoxicated person or felon prohibited. It is unlawful for anyjunk dealer or secondhand dealer to take, receive or purchase any personal property of any kind or nature, or any article or thing of value,from any juvenile, or the ownership of which is in whole or in part, or which is claimed by anyjuvenile, or which may be in the possession or under the control of anyjuvenile. It is unlawful for anyjunk or secondhand dealer to receive or purchase property from persons intoxicated or appearing to be intoxicated or persons known to have been convicted of larceny or burglary. (§ 6 of Ord. approved April 29, 1957). 5.08.070-Junk and secondhand dealers—Name and address of seller required. It is unlawful for anyjunk or secondhand dealer to receive, take or purchase any personal property,goods, or thing of value from any person or persons who shall refuse to make known his or her or their names, place or places of residence or to submit to a general description, or knowingly make any false entry or any matter or thing required to be made under this chapter. (§ 7 of Ord. approved April 29, 1957). 5.08.080-junk and secondhand dealers—Records required. Every junk or secondhand dealer shall keep a book in which he shall at the time of purchase of any secondhand goods, enter, in the English language,written in ink, a full and accurate description of such goods so bought,together with the name, apparent age, signature and residence of the vendor, and if the vendor is a juvenile, a statement of the fact, and also the amount paid and the date and hour of purchase, and the book, as well as every article or thing purchased, shall at all reasonable time be open to inspection by the sheriff and prosecuting attorney and their deputies. (§ 8 of Ord. approved April 29, 1957). 5.08.090- Pawnbrokers and pawnshops defined. (a) "Pawnbroker" as used in this chapter means and includes every person who takes or receives byway of pledge, pawn or exchange,goods,wares or merchandise, or any kind of personal property whatever, for the repayment or security of any money loaned thereon, or to loan money on deposit of personal property. 2/4 2/24/2021 Mason County,WA Code of Ordinances (b) "Pawnshop" means and includes every place at which the business of a pawnbroker is being carried on. (§ 9 of Ord. approved April 29, 1957). 5.08.100- Pawnbroker—License required—Fee. It is unlawful for any person to engage in the business of pawnbroker, or to conduct a pawnshop without first having obtained a license so to do,to be known as a "pawnbroker's license."The license fee for a pawnbroker's license shall be one hundred dollars per year.A separate license shall be required for each separately located pawnshop. (§ 10 of Ord. approved April 29, 1957). 5.08.110- Pawnbroker—Bond. In addition to the license fee and before such license is issued,the applicant shall be required to file with the county clerk for each pawnshop a sufficient surety bond in the sum of one thousand dollars running in favor of the county, and conditioned for the faithful observance by the licensee of all the requirements of this chapter and all other ordinances of the county and all state laws relating to the business of pawnbrokers. (§ 11 of Ord. approved April 29, 1957). 5.08.120- Pawnbroker—Records required—Contents. It shall be the duty of every pawnbroker to maintain at his place of business, a book or other permanent record, in which shall be legibly written in the English language at the time of such loan, purchase or sale, a record thereof containing: (1) The date of the transaction; (2) The name of the person or employee conducting the same; (3) The name, age, street and house number, and the general description of the dress, complexion, color of hair and facial appearance of the person with whom the transaction is had; (4) The name and street and house number of the owner of the property bought or received in pledge; (5) The street and house number of the place from which the property bought or received in the pledge was last removed; (6) A description of the property bought or received in pledge,which in the case of watches, shall contain the name of the maker and the number of both the works and the case, and in the case of jewelry shall contain a description of all letters and marks inscribed thereon; (7) The price paid or the amount loaned; (8) The name and street and house numbers of all persons witnessing the transaction; (9) The number of any pawn ticket issued therefor. (§ 12 of Ord. approved April 29, 1957). 5.08.130- Pawnbroker—Records opened for inspection. 3/4 2/24/2021 Mason County,WA Code of Ordinances All books and other records of any pawnbroker relating to purchase, pledge, exchange, barter or receipt of any goods,wares, merchandise, or other articles or things of value, shall at all times be open for inspection by the sheriff and prosecuting attorney or any police officer, or detective detailed for that purpose, and all articles or things received, purchased or left in pledge with the pawnbroker shall at all times be open to a like inspection. (§ 13 of Ord. approved April 29, 1957). 5.08.140- Pawnbroker—Removing goods from shop prohibited—Receiving goods from minors or felons prohibited. (a) It is unlawful for any pawnbroker to remove any goods, articles or things purchased by him, or left with him, in pledge, from his store, or place of business until the expiration of ten days after the same has been purchased, received or left in pawn, unless the goods, articles or things have within the time specified, been inspected as provided by this chapter. (b) It is unlawful for any pawnbroker, his clerk or employee to receive in pledge, or purchase, any article or thing from any person under eighteen years of age, or from any person who is known to be a thief, or a receiver of stolen property, or from any person whom he has reason to suspect or believe to be such. (c) The loaning of money to or purchasing goods from, any of the classes of persons enumerated in this section shall be prima facie evidence of an intent on the part of such pawnbroker, his agent or employee, to violate this chapter. (§ 14 of Ord. approved April 29, 1957). 5.08.150- Pawnbroker—Hours. It is unlawful for any pawnbroker to conduct or carry on the business of a pawnbroker, in whole or in part, directly or indirectly, or to open, or keep open, his pawnshop for the transaction of any business whatsoever therein, between the hours of six p.m. and seven a.m. (§ 15 of Ord. approved April 29, 1957). 4/4 2/24/2021 Mason County,WA Code of Ordinances Chapter 5.12 - CARNIVALS AND CIRCUSES Sections: 5.12.010 - License required. From and after May 14, 1951, no carnivals, circuses or like enterprises shall be opened or operated for public amusement in Mason County outside the limits of incorporated cities and towns unless licenses for the operation thereof have been taken out as hereafter provided. (§ 1 of Res. adopted May 14, 1951). 5.12.020 - License—Application—Contents. Before any such carnival, circus or like enterprise shall be opened or operated in Mason County outside the limits of the incorporated cities and towns, the owners, operators, or sponsors thereof shall first make application for a license to the board of county commissioners which application shall state the name or names of the owner or operator, and the sponsor, if any, together with the exact location where the enterprise will be conducted, with the date or dates such enterprises will be operated. Such application shall be accompanied by the license fee as hereinafter set forth. (§ 2 of Res. adopted May 14, 1951). 5.12.030 - License—Fee. The license fee for the operation of such carnival, circus, or like enterprise, shall be in the sum of one hundred dollars for each and every day of operation, provided however that where the party making application for the license demonstrates to the satisfaction of the board of county commissioners that the enterprise is under sponsorship of a recognized organization doing work in the field of public service or charity, that a substantial proportion of the proceeds of the enterprise shall be applied to such purposes, and that the public health, morals, peace and safety will be adequately protected by supervisors or special police supplied without cost to the public and by or through the efforts of the sponsor or applicant, then the license fee shall be the sum of two dollars for each and every day of operation. (§ 3 of Res. adopted May 14, 1951). 5.12.040 - Operation without license prohibited—Liability for fees. No owner or operator of any carnival, circus, or like enterprise shall operate any such enterprise open to the public without first having made application and been granted a license as provided in this chapter. In the event that any such owner or operator of any carnival, circus, or like enterprise does operate such 1/3 2/24/2021 Mason County,WA Code of Ordinances enterprise without first having obtained such license as herein provided, the owner, operator, or sponsor of such enterprise shall be liable to the county for such license fees on the basis of one hundred dollars for each and every day the enterprise has been operated. (§ 4 of Res. adopted May 14, 1951). 5.12.050 - License—Application—Filing—Transmittal office—Refunds. Applications for such licenses as are provided for herein shall be filed with the board of county commissioners on forms provided by the board accompanied by the fee as above set forth. Upon the granting of any license applied for the board of county commissioners shall forthwith transmit the amount of the license fee to the county treasurer there being by him paid into the general fund of the county. In the event any such license applied for shall be refused by the board of county commissioners, the amount of such license fee tendered shall be refunded to the applicant. Any license issued shall be valid and effective only on the dates stated thereon. (§ 5 of Res. adopted May 14, 1951). 5.12.060 - License—Application—Rejection—Notice. The board of county commissioners shall have the right in their discretion to grant or reject any such application for such a license and they shall have the right upon one days' notice to any licensee to require such licensee to appear before the board at a time and place to be designated in the notice given by the board to show cause, if any, why the license should not be revoked and upon a proper showing after such hearing to revoke the license. Any amount paid by the licensee over and above the fee for the number of days actually operated shall be returned to the licensee in the event such license is revoked. The board of county commissioners shall have the right to designate the place where such carnivals, circuses, or like enterprises may be set up and operated. (§ 6 of Res. adopted May 14, 1951). 5.12.070 - Operation without license deemed misdemeanor. It is unlawful for any person or persons to open or operate any such carnival, circus, or like enterprise open to the public for amusement purposes without first having made application of and securing a license as provided herein. Each days' operation of such an enterprise shall be considered a separate violation. Any violation of this section constitutes a misdemeanor. (§ 7 of Res. adopted May 14, 1951). 5.12.080 - License—Granting—Notice to sheriff. 2/3 2/24/2021 Mason County,WA Code of Ordinances Upon the granting of any license as provided in this chapter the board of county commissioners shall notify the sheriff of the granting of such license together with the dates and place of operation of such enterprise, and it shall be the duty of the sheriff to provide proper police regulation of such enterprise. (§ 8 of Res. adopted May 14, 1951). 3/3 2/24/2021 Mason County,WA Code of Ordinances Chapter 9.40-ALARM SYSTEMS Sections: 9.40.010- Declaration of policy and findings. It is the express intent of the board of county commissioners to reasonably protect the public's health, safety and welfare. In cases of repeated "false" alarms,the county law enforcement agency's resources could be burdened. Therefore,the board of county commissioners finds administration of this chapter by qualified law enforcement personnel is appropriate. (Ord. 100-89§ 1, 1989). 9.40.020-Definitions. For the purposes of this section, the term "false alarm" shall mean the activation of a burglary and/or robbery alarm (silent or audible) by other than a forced entry to the premises and at a time when no burglary or robbery is being committed or attempted on the premises. (Ord. 100-89 § 2, 1989). 9.40.030-Notice to be posted. It is unlawful to have or maintain on any premises in the unincorporated areas of the county an audible type burglary and/or robbery alarm unless there is posted at the main entrance to such premises a prominent notice of the telephone numbers at which the person or persons authorized to enter such premises can be reached at all times, and it is unlawful for any such person to wilfully and intentionally fail to appear and turn off any such alarm within one hour after being notified by the appropriate law enforcement agency to do so. (Ord. 100-89 § 3, 1989). 9.40.040- Fees for sheriff response. For a police response to any false alarm,the sheriff shall charge and collect from the person having or maintaining such burglary and/or robbery alarm on premises owned or occupied by him, fees as follows: a. For a response to premises at which no other false alarm has occurred, hereinafter referred to as a "first response," no fee shall be charged, but the person having or maintaining such alarm shall within five working days after notice to do so, make a written report to the sheriff, on forms prescribed by him, setting forth the cause of such false alarm and corrective action necessary. b. For a second response to premises within three months after a first response, no fee shall be charged, but a written response shall be required as for a first response, and the sheriff shall order an inspection at the owner's expense and give notice as to repairs or corrective actions. c. For a third response within three months after such a second response, a fee of fifty dollars payable to the Mason County sheriff within thirty days shall be charged, and if such third false alarm or any such succeeding false alarm is a result of failure to take necessary corrective action prescribed by the sheriff, 1/2 2/24/2021 Mason County,WA Code of Ordinances said sheriff may order the disconnection of such alarm system, and it shall be unlawful to reconnect such alarm system until such corrective action is taken; provided that no disconnection shall be ordered as to any premises required by law to have an alarm system in operation.An order of the sheriff to disconnect an alarm system may be reviewed by motion for writ of review to the county district court.The application for a writ of review shall be made to the court within thirty days of the sheriffs notice to disconnect the alarm system. (Ord. 100-89 §4, 1989). 9.40.050-Violations and penalties. Any person,firm, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and each person shall be guilty of a separate offense for each day during which any violation of any of the provisions of this chapter is committed or continued, and upon conviction of any such violation, shall be punishable by a fine of not more than three hundred dollars, or imprisonment for not more than six months, or by both such fine and imprisonment. (Ord. 100-89 § 5, 1989). 2/2 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Giraldes Action Agenda x Public Hearing Other DEPARTMENT: Commissioners EXT: 419 COMMISSION MEETING DATE: March 30, 2021 Agenda Item # ; Commissioner staff to complete) BRIEFING DATE: March 22, 2021 BRIEFING PRESENTED BY: Diane Zoren [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to appoint Katherine Diane McLean to the Lewis-Mason- Thurston Area Agency on Aging for terms ending December 2022. Background: This Lewis-Mason-Thurston Area Agency on Aging is a local governmental agency that provides home and community services for seniors and adults with disabilities to help them remain living in their own homes. The Advisory Council makes recommendations to the Council of Governments and staff. Recommended Action: Approval to appoint Katherine Diane McLean to the Lewis-Mason-Thurston Area Agency on Aging for terms ending December 2022. 3/23/2021 OspN COUP? p - - March 30, 2021 1854 Katherine Diane McLean PO Box 143 Allyn, WA 98524 MASON COUNTY BOARD Dear Katherine, OF We are pleased to announce that we have appointed you to serve on the Lewis- COMMISSIONERS Mason-Thurston Area-Agency on Aging. The meetings are held the first Wednesday of each month at 9:30 am to approximately 12 pm at the Area Agency on Aging Office, 2404 Heritage Ct. SW 1ST District in Olympia. Charyl Warriner will provide meeting information and if you should RANDY NEATHERLIN need contact her, please call 360-664-3162 ext. 108. The link to the Lewis- Mason-Area Agency on Aging web page is: http://www.LMTAAA.org 2ud District KEVIN SHUTTY We appreciate your willingness to serve on this important board and are certain you will provide valuable input. 31d District SHARON TRASK Thank you for your service to our community. Mason County Building 1 BOARD OF MASON COUNTY COMMISSIONERS 411 North Fifth Street Shelton,WA 98584-3400 Randy Neatherlin Sharon Trask Kevin Shutty (360)427-9670 ext.419 Chair Commissioner Commissioner (360)2754467 ext.419 (360)482-5269 ext.419 Fax(360)427-8437 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: March 30, 2021 Agenda Item # ;�- (Commissioner staff to complete) BRIEFING DATE: March 22, 2021 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Authorization for the Chair to sign for and authorize the 16 vehicle order requests through Enterprise and approval for Frank Pinter, Support Services Director, to sign the Enterprise authorization to continue to sign for the County's Enterprise documents. Background: In March of 2020, the Current Expense, Health Services, and Information Technology Departments began leasing vehicles from Enterprise Fleet Management. During the first year, a total of 63 leased vehicles were ordered (25 PPV & 38 White Fleet). For 2021/2022, a total of 16 leased vehicles are being requested. The requests are: • 10 Sheriff PPV's — 3 of which are replacements for wrecked owned vehicles • 2 Sheriff White Fleet Ford Escapes • 1 Sheriff SORT Truck to replace the 1997 SORT Truck • 3 Parks F350 4x4 Trucks The current ask of 16 leased vehicles will bring the total leased fleet to 79 (35 PPV &44 White Fleet). This is in-line with the 10 year fleet lease plan briefed on March 22, 2021. The total 2022 Budgeted Motor Pool rate is estimated at $1,192,975 for the Sheriff's Office and $232,316 for all other departments using the Motor Pool. Recommended Action: Authorization for the Chair to sign for and authorize the 16 vehicle order requests through Enterprise and approval for Frank Pinter, Support Services Director, to sign the Enterprise authorization to continue to sign for the County's Enterprise documents. Attachment: 1. Motor Pool Vehicle Lease Order Requests & Rates for 2021/2022 2. Sheriff's Office Vehicle Lease Order Requests & Rates for 2021/2022 J:\Budget OfficeTriefmg,Agenda, &Public Hearing Items\202 1\Action Agenda 3.30.2021 -Vehicle Orders& Rates.doc Tab A-New Motor Pool Vehicle Orders for 2021 and 2022,and Recurring Payments for Current Leased Vehicles for 2022 Total 2021 Other Monthly Capital Uprt Rental Fees- 2021 2021 Total Replaces Total Capitalized Including Vehicle 2022 Base 2021011 2121 M_ 2021 Radios& Capital Up Chances 6thrpriea Order Year Quote No. New Veh No. Veh.No. Type Amount Adtl Srvs Department Count Make Model Year Term Capital Lease 2021 Tires Changes Fee Insurance Delivery Charges Estimate 2020 4561515 278 198 While Fleet 24443.00 509.66 Assessor 1 Ford Escape 2020 48 6,116 150 360 - 5,626 2020 4561515 279 186 White Fleet 24443.00 509.66 Assessor 1 Ford Escape 2020 48 6,116 150 360 - 5,626 2020 4561515 280 139 White Fleet 24443.00 509.66 Assessor 1 Ford Escape 2020 48 6,116 150 360 - 5,06 2020 4581515 281 112 White Fleet 24443.00 509.66 Assessor 1 Ford Escape 2020 48 6.116 150 360 - 6,626 2020 4561515 282 39 White Fleet 24443.00 509.66 Assessor 1 Ford Escape 2020 48 6.116 150 360 - 6.626 2020 4561515 283 178 White Fleet 24443,00 509.66 DCD-Building 1 Ford Escape 2020 48 6,116 150 360 - 6,626 2020 4561515 284 162 While Fleet 24443.00 509.85 DCD-Building 1 Ford Escape 2020 48 6,115 150 360 - 8.06 2020 4561515 309 137 White Fleet 24443.00 509.66 DCD-Building 1 Ford Escape 2020 48 6,116 150 360 - 6.626 2020 4561515 286 187 White Fleet 24443.00 509.66 Health-Enviro 1 Ford Escape 2020 48 6,116 150 360 - 6,626 2020 4561515 287 138 While Fleet 24443.00 509.65 Health-Enviro 1 Ford Escape 2020 48 6,115 150 350 - 6,626 2020 4561515 288 115 White Fleet 24443.00 509.66 Health-Enviro 1 Ford Escape 2020 48 6,116 150 360 - 6.05 2020 4561515 289 114 White Fleet 24443.00 509.66 Health-Enviro 1 Ford Escape 2020 48 6,116 150 360 - 6,626 2020 4561515 290 143 White Fleet 24443.00 509.66 Facilities 1 Ford Escape 2020 48 6.115 150 380 - 6,6m 2020 4561515 293 11 While Fleet 24443.00 509.66 Probation 1 Ford Escape 2020 48 6,116 150 360 - 6,626 2020 4561515 273 121 While Fleet 24443.00 509.66 DCD-Building 1 Ford Escape 2020 48 6.116 150 360 - 6.626 2020 4561515 274 173 White Fleet 24443.00 509.58 DOD-Planning 1 Ford Escape 2020 48 6.116 150 360 - fl.we 2020 4555457 267 191 White Fleet 25018.48 527.90 Facilities 1 Ford F150 Reg Cab 2020 48 6,335 150 360 - 6,845 2020 4449043 268 136 WNle Fleet 25444.48 535.85 Facifties 1 Ford F150 Reg Cab 2020 48 6,430 150 360 - 6.940 2020 44495V 275 5 White Fleet 22811.00 481.74 Prosecutor 1 Ford Fusion AWD 2020 48 5.781 150 360 - 6= 2020 4449557 276 8 White Fleet 22811.00 481.74 Health-Personal 1 Ford Fusion AND 2020 48 5.731 '150 380 - a" 2020 4449557 291 1 White Fleet 22311.00 481.74 Health-Personal 1 Ford Fusion AWD 2020 48 5,781 150 360 - 6.291 2020 4581530 292 199 While Fleet 2430.00 509.51 DCD-Planning 1 Ford Fusion AWD 2020 48 6.114 150 360 - 5.524 2020 4561530 277 120 White Fleet 2430.00 509.51 Health-Enviro 1 Ford Fusion AWD 2020 48 6.114 150 360 6,624 Total Motor Pool Vehicles Ordered in 2020: 23 140.191 3.450 8.280 151.921 2020 310 194 White Fleet 330BS.75 779.91 Coroner 1 Ford Transit-150 Cargo 2020 48 9,360 150 360 9,670 2021 4936909 207 While Fleet 35198.00 756.87 Parks 1 Ford F350 XL Reg Cab 2022 48 9.082 150 360 7,000 16,592 2021 4936915 209 White Fleet 35195.00 756.87 Parks 1 Ford F350 XL Reg Cab 2022 48 9,062 150 360 12,000 21.592 2021 4936904 103 While Fleet 38367 00 819.19 Parks 1 Ford F350 XL U4 Supei 2022 48 9.830 150 380 10,340 Total Motor Pool Vehicle Requests for 2021: 4 37.355 600 - 1,440 19,000 _ 58,395 Total 2022 Motor Pool Leased Vehicle Rates': 27 177,546 4.050 9,720 19,000 210,316 Some of the vehicles ordered for 2022 may go into service in 2021.This may create a need for a budget amendment in 2021. New Vehicle Orders: Approved by: SOCC Chair Date Viewed and Verified by: Budget Manager Date Viewed and Verifed by. Motor Pool Manager Date Tab B-Total 2022 Motor Pool Vehicle Rates Outside Owned Vehicle Capital Upfi Maint Maint& Vehicles ID Cust Name Base Lease Fees Maint Fee Insurance supplies Wex Fuel Total 1 5 Mason County-DEM 6.55 30.00 36.55 1 39 Mason County-Motor Pool 6.55 30.00 36.55 1 103 Mason County-Parks 6.55 30.00 36.65 1 122 Mason County-Facilities 6.55 30.00 - 36.55 1 128 Mason County-Probation 6.55 30.00 36.55 1 129 Mason County-Probation 6.55 30.00 36.55 1 136 MasonCounty-Coroner - 6.55 30.00 36.55 1 143 Mason County-Facilities 6.55 30.00 36.55 1 194 Mason County-Coroner 6.55 30.00 I 36.55 1 202 Mason County-Facilities- 6.55 30.00 t 36.55 Total Monthly Billing: 66 300 366 Annual Billing Estimate(based on June 2020's actual - 786 3,600 4,386 Add New Vehicle Orders from Tab A: 177,546 19,000 - 9,720 4,050 210,316 Other Additions/Adjustments: 14 1,500 16,100 17,614 Grand Total 2022 Rates:1 177,546 1 19,000 1 800 131320 5,550 16,100 232,316 Outside Capital Upflt Maint 3 Leased Owned Total No.of Vehicles for the Totals by Department for 2022 Budget: Base Lease Fees Maint Fee Insurance supplies wax Fuel Total vehicles Vehicles Budget Assessor 30,580 1,800 750 2,175 35,305 5 5 DEM 80 360 150 435 1 1 Facilities 18,881 240 2,160 900 2,610 24,791 3 3 6 DCD-Building 24,464 1,440 600 1,740 28,244 4 4 DCD-Planning 12,230 720 300 1 870 14,120 2 2 Prosecutor 5,781 360 150 435 6,726 1 1 Motor Pool 8o 360 150 435 1,025 1 1 Coroner 9,360 160 1,080 450 1,305 12,355 1 2 3 Health-Environmental 30,578 1,800 750 2,175 35,303 5 5 Health-Personal 11,562 - 720 300 870 13,452 2 2 Probation 6,116 160 1,080 450 1,305 9,111 1 2 3 Parks 27,995 19,000 80 1,440 600 1,745 50,860 3 1 4 Grand Total 2022 Motor Pool Rates: 177,546 19,000 800 13,320 5,550 16,100 232,316 27 10 37 Object Codes: 564777 564778 W777 546777 548778 532777 0 0 0 0 0 0 0 0 0 0 $ o 00 0 00 $ o 0 0 0 0 s $ o 0 0 0 0 0 mm0 n � �? m . m b . b to 8 ni ri ni n M b � . . . � k a N ci ra M � ri n � M n en n nr n n ni M n n ni n ro v N V• a W o n0 0 .^- N'.-1 In It p= 1� N W W p p N N N N N C � q U N C i n N 0 p GLL V-• N U N � / m d N U) R a d 0 0 o "J O a o not n q mo o 8 8 8 g 8 8 o 8 o onn800000ggggnn m n n n n no 0 Y C n i L N U L e S S o U 8 N S N 8 n H N N N K H N H H H N N p i3y m� � mO mO .O .N �N . . . - ofn m m i m . O . . 6 mm o n � mm h� W mmm �m V Vm E N,Y m N d € e e e e e e e a v o v o e e v e e e e e e a e e e v e o v o e e e e e e v v v m m m m m m m m m m m m m m m m m m m m m m m m m v C_ ~ •L N N N N N N O N N N N N N N N N N N N N N N N N N L N N N N ry N N N N N V Y N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N m m ntLn S n ¢ C ¢ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ as a° a _ _ _ _ _ N g g . g g . $ . ° s a ° 8 $ g g C N a v a a v a a a v LL LL a v v v v a v v o a a o o a LL LL LL o o v v a v v ao 2a N Z 4. Z IL lL lL IL IL IL IL li li li IL IL lL IL lL IL lL IL IL IL IL IL 1� 1� LL IL LL IL IL lL ia a y ¢ mA 4n L M N N N n n O O vmi N m N N N N N N N N h M E. W q cD .t.. E V N n m m m . mo L G Q tp V c c c o O o o O m Y Y o ... O r O O O of 6N `N / ~ C� U d V V T LL � LL LL LL LL LL LL LL LL LL LL LL Q IT r .� > > > > > > > > > = m = > > > > > > > > > > > > > N 3 3 3 3 a a a a a a a a a a 3 3 3 3 3 3 a as a a a a a a a a a a a a a •L d � t ro v! # 0 0 '2 m � _ _ _ _ _ _ _ _ _ O _ _ _ _ _ _ _ _ _ O O O O O O O _ _ _ O O a a a ci nt �> N N T�L p N N O e) e m m e ry m O N N u� O Z j nl N n n n n n N m N m Z e e e e m '0 ONi ONi Oi O mV i0 � r n n tep N N N M � N N N N N N � � . v m V N o O e e v e e e e a e o v e e e e e a e e e o o v e e e e e e - CY N N N N N N N iS m O N N N N N N N N N N N N N N N N N N N f Tab A-New Sheriffs Office Vehicle Orders for 2021 and 2022,and Recurrinci Pa ments for Current Leased Vehicles for 2022 Total Monthly New Total Rental 2021 Other 2021 2021 Total Veh Replaces Capitalized Including 2021 Base 20210 2021 2021 Capttal UpfR Capital UpfR Enterprise 2021 Total Order Date Quote No. No. Veh No. Status Type Amount Adtl Sm. Driver Make Model Year Term Capftal Lease 2021 Tires Changes Moint Fee Insurance Fees Charges Estimate Fuel 2021 4922719 Pending Order White Fleet 37310.00 861.07 Ford F350 SORT Truck 2022 48 10,333 1.200 300 360 2,325 32,500 47.018 3,600 2021 4936843 Pending Order While Fleet 24689.00 500.51 Ford Escape 44 2021 48 6,006 1,200 300 360 2,325 12,000 22,191 3,600 2021 4936843 Pending Order White Fleet 24689.00 500.51 Ford Escape 44 2021 48 6,006 1,200 300 360 2,325 12,000 22,191 3,600 2021 4936834 Pending Order PPV 35909.00 803.94 Ford Police Interceptor Utility 2021 48 9,647 1,200 300 360 3,525 21,500 36,532 3,600 2021 4936834 Pending Order PPV 35909.00 803.94 Ford Police Interceptor Utility 2021 48 9.647 1200 300 360 3,525 21,500 36,532 3,600 2021 4936834 Pending Order PPV 35909.00 803.94 Ford Police Interceptor Utility 2021 48 9,647 1.200 300 360 3,525 21,500 36.532 3,600 2021 4936834 Pending Order PPV 35909.00 803.94 Ford Police Interceptor Utility 2021 48 9,647 1,200 3DO 360 3,525 21,500 36,532 3,600 2021 4936834 Pending Order PPV 35909.00 803.94 Ford Police Interceptor Utility 2021 48 9,647 1,200 300 380 3.525 21,500 36,532 3.600 2021 4936834 Pending Order PPV 35909.00 803.94 Ford Police Interceptor Utility 2021 48 9,647 1.200 300 360 3.525 21,500 36,532(' 3,600 2021 4936834 Pending Order PPV 35909.00 803.94 Ford Police Interceptor Utility 2021 48 9,647 1200 300 360 3.525 21,500 36,532 3,600 2021 4936834 Pending Order PPV 35909.00 803.94 Ford Police Interceptor Utility 2021 48 9.647 1,200 300 360 3.525 21,500 36,532 3,600 2021 4936834 Pending Order PPV 35909.00 803.94 Ford Police Interceptor Utility 2021 48 9,647 1,200 300 360 3,525 21,500 36,532 3,600 2021 4936834 Pending Order PPV 35909 00 803.94 Ford Police Interceptor UGIity 2021 48 9,647 1,200 300 360 3,525 21.500 36,532 3.600 White Fleet:3,PPV 10:7 are new order PPV's,3 Total Sheriff Vehicle Requests for 2021: 13 are wrecked vehicles needing replacement 118,818 15,600 3,900 4,660 42,225 271,500 456,723 46,800 Total 2022 Sheriff Leased Vehicle Rates': 52 39 White Fleet:17,PPV:35 490,735 49,200 15,600 - 18,720 52,800 336,000 963,055 187,200 Some of these vehicles may go into service in 2021.Those vehicle upTR costs will also be due and payable in 2021 and may be removed from the 2022 rates,and may need to be added to the 2021 budget. For the sake of conservatism,for 2022 budgeting purposes,all vehicles on order are treated as if they will go into service in 2022. New Vehicle Orders: Approved by: BOCC Chair Date Viewed and Verified by: Budget Manager Date Viewed and Verifed by: Chief Deputy Date Tab B -Total 2022 Sheriff Motor Pool Vehicle Rates Removed vehicles from Outside 2022 rates,due to Capital Upfit Maint& replacement plan in Sheriffs Office Vehicle Counts for Invoice Date Veh ID Type Cust Name Base Lease &Radios Maint Fee Insurance supplies Wex Fuel Total 202112022: 2022 Rates: 03/31/2021 015 WF Mason County Sheriffs Office-Jail 6.55 30.00 36.55 Veh No. Replaced with Total 2022 Leased PPVs: 035 03/31/2021 032 PPV Mason County Sheriffs Office-Patrol 6.55 30.00 36.55 018 160 Total 2022 Owned PPVs: 011 02/02/2021 046 PPV Mason County Sheriffs Office-Patrol 6.55 30.00 36.55 044 301 Total 2022 PPVs: 046 02/02/2021 048 PPV Mason County Sheriffs Office-Patrol 6.55 30.00 36.55 047 303 03/31/2021 054 PPV Mason County Sheriffs Office-Traffic 6.55 30.00 36.55 050 302 Total 2022 Leased WF: 017 03/31/2021 055 PPV Mason County Sheriffs Office-Traffic 6.55 30.00 36.55 051 265 Total 2022 Owned WF: 008 03/31/2021 061 PPV Mason County Sheriffs Office-Patrol 6.55 30.00 36.55 053 294 Total 2022 WF: 025 03/31/2021 070 PPV Mason County Sheriffs Office-Traffic 6.55 30.00 36.55 061 256 03/31/2021 071 PPV Mason County Sheriffs Office-Traffic 6.55 30.00 36.55 062 259 Total Special Vehicles: 003 02/26/2021 072 PPV Mason County Sheriffs Office-Traffic 6.55 30.00 36.55 064 257 03/31/2021 073 PPV Mason County Sheriffs Office-Patrol 6.55 30.00 36.55 065 264 Total Sheriff Vehicle Count: 074 03/31/2021 118 WF Mason County Sheriffs Office-Jail 6.55 30.00 36.55 123 03/31/2021 119 WF Mason County Sheriffs Office-Jail 6.55 30.00 36.55 133 02/15/2021 155 WF Mason County Sheriffs Office-Traffic 6.55 30.00 36.55 134 03/31/2021 161 WF Mason County Sheriffs Office-Patrol 6.55 30.00 36.55 147 295 02/18/2021 168 PPV Mason County Sheriffs Office-Patrol 6.55 30.00 36.55 150 03/31/2021 171 WF Mason County Sheriffs Office-Jail 6.55 30.00 36.55 152 02/02/2021 174 WF Mason County Sheriffs Office-Patrol 6.55 30.00 36.55 153 262 02/05/2021 208 WF Mason County Sheriffs Office-Jail 6.55 30.00 36.55 157 03/31/2021 NarcVanl SP Mason County Sheriffs Office-Patrol 6.55 30.00 36.55 159 03/31/2021 SORTRK SP Mason County Sheriffs Office-Patrol 6.55 30.00 36.55 160 03/31/2021 SWTVN SP Mason County Sheriffs Office-Patrol 6.55 30.00 36.55 164 Total Monthly Billing Estimate for Non-Enterprise Leased Vehicles: - 144 660 804 166 263 Annual Billing Estimate(based on March 2021's actual billing) - 1,729 7,920 9,649 170 Add 2022 Vehicle Rates from Tab A: 490,735 388,800 - 18,720 64,800 187,200 1,150,255 175 298 Other Additions/Adjustments: 71 20,200 12,800 33,071 Other Vehicle&Equipment charges not maintained by Enterprise Grand Total 2022 Sheriff Motor Pool Rates: 490,735 388,800 1,800 26,640 85,000 200,000 1,192,975 Object Codes: 564777 564778 548777 546777 548778 532777 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Alex Paysse Action Agenda X Public Hearing Other DEPARTMENT: Community Services EXT: DATE: 3/30/2021 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 3/29/2021 BRIEFING PRESENTED BY: Alex Paysse [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Set public hearing on Tuesday, April 27, 2021 at 9:15 A.M. to consider approval of an ordinance combining existing shellfish protection districts into a single district model and establish a reliable funding mechanism. Ordinance includes revisions to Mason County Code Titles 3 and 6, adding chapter 6.88 and revising chapter 3.172 Background: Mason County Board of County Commissioners are considering the combination of existing shellfish protection districts into a single district model and establish a reliable funding mechanism. Budget Impacts: - RECOMMENDED ACTION: Set Public Hearing date on April 27th at 9:15 AM Attachment(s): Notice of Hearing NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on April 27th, 2021 at 9:15 A.M. SAID HEARING will be to take public comment on the combination of existing shellfish protection districts into a single district model and establish a reliable funding mechanism. Ordinance includes revisions to Mason County Code Titles 3 and 6, adding chapter 6.88 and revising chapter 3.172 Pursuant to Proclamation by the Governor 20-28.15, in-person attendance to Commission meetings is temporarily restricted and during this time we will accept public testimony using Zoom. The URL is available on the County website htti)s://www.co.mason.wa.us/ to sign into the meeting. Please use the "raise hand"feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmitM1co.mason.wa.us or mail to the Commissioners' Office, 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 230. If special accommodations are needed, please contact the Commissioners' office, Shelton (360) 427-9670, Belfair (360) 275-4467, or Elma (360) 482-5269, ext. 419. DATED this 30 day of March, 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Bill: Mason County Community Services 415 N. 6th Street, Shelton WA 98584 Cc: Commissioners Shelton Journal: Publ. 2t: 4/8 &4/15 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Alex Paysse, EH Manager Action Agenda x Public Hearing Other DEPARTMENT: MCCS — Public Health EXT: DATE: 3/30/2021 Agenda Item # 8.a1 Commissioner staff to complete) BRIEFING DATE: 3/22/2021 BRIEFING PRESENTED BY: Alex Paysse [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Onsite Sewage Advisory Committee Applications Background: Two applications have been received for two upcoming vacancies (3/26/21) on the Onsite Sewage Advisory Committee (OSAC). Keith Fuller, a Mason County Realtor, has re-applied for the"Realtor" position. James Medcalf, a Licensed Septic Designer, has re-applied for the"Designer" position. Appointments would serve a 3-year term per the committee bylaws. Budget Impacts: None RECOMMENDED ACTION: Approval and reappointment of Keith Fuller and James Medcalf to the Onsite Sewage Advisory Committee. Attachment(s): Applications MASON COUNrY COMM1,3, MIS 411 /VORTH FLF?H STREET SHELTON14,1A 98584 Fax 36O'427-843�Vd�m3W-42�967lf�i419, 27�4487or 432�3269 I AM SEEKING APPOINTMENT TO On-site Adviso Board NAME, Keith Fuller ADDRESS: PHONE: E-MAIL (OR AREA IN THE COUNTY YOU LIVE) - ---'''--'- ''''-------''-'''--------------'-- - - -- ----'- -'-------'''' ----- (ACTIVITIES onwcmasee*/'s) VVi der /Hi |ie |nc 43 COMPANY: n mo� m YRS Real Estate Sales COMPANY: YRS POSITION: -_-__--__----------- - ----------_---- --------_-_--_---_--__--_--_- ------------------ |nyoorwnnds. vvhatdoyoupevoeivninthem|eorpurpomamf1heBoomd, CcmnnittoaorCouncHforwhiohyuuanmap[dyimg: What interests, skills do you wish to offer the Board, Committee,or Council? 43�e�n�o�n�o�a��e-uabm�wu�� d-buymn�e|eo�»nd-��n�bu�am�um�k�u pumpers and O&M specialists in Mason County. Also,work with Thurston and Jefferson county pumpers and septic protessionals. Experience dea ing with dil'ficult situations where on-site septic systems Please list|int any financial, profeusiona|, ur voluntary affiliations which may influence or affect your position onthis Board; (i.e. create o potential conflict ofinterest) Your parflcipation is dependent upon attending certain trainings made available by the County during regular business hours (such ao Open Public Meetings Act and Public Recuods).The trainingu would beatno cost 0oyou.Would you be able to attend such trainings? Yes Rea/lis cal ,ho much time can you i vVe LtUth i S pos,iti c n? ly Qua ly weekly y Day Offite Use Only Signature /j�\ZU Appointment Date Co p MASON COUNTY COMMISSIONERS 411 NORTH FIFTH STREET SHELTON WA 98584 Fax 360-427-8437, Voice 360-427-9670, Ext. 419,275-4467 or 482-5269 Z954 I AM SEEKING APPOINTMENT TO On-Site Sewage Advisory Board NAME: James Medcalf ADDRESS: PHONE: CITY/ZIP: VOTING PRECINCT: WORK PHONE: E-MAIL: (OR AREA tN THE COUNTY vouuvE) ------------------------------------------------------------------------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) RACTIVtTtESORMEMBERSHIPS) Currently on COMPANY: Active Underground LLC 16 yRg dvisory POSITION: Owner/Member COMPANY: YRS POSITION: ------------------------------------------------------------------------------------------- In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: Help in providing knowledge and in field experiance of design, installation and maintenance of systems. What interests,skills do you wish to offer the Board, Committee,or Council? Septic Design, Installation and Maintenance Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) None Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Possible Realistically how much time can you give to this position? Quarte Monthly Weekly Daily Office Use 41aly 3-3-2021 Appoiiitrrent Date ' nature Die Term Expire Date MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins RE, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 30, 2021 Agenda Item #6.�0 BRIEFING DATE: March 22, 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Mason County Public Works Annual Certification for Calendar Year 2020 BACKGROUND: Public Works has completed the County Road Administration Board forms for the Annual Certification for calendar year 2020. Among those forms, the following require the Chair of the Board's signature. They are: 1) Annual Certification for - 2020 2) Certification of Expenditures for Traffic Law Enforcement — 2020 3) Certification of Expenditures for Fish Passage Barrier Removal — 2020 Once the Chair has executed these forms, Public Works will include them in the submittal to the County Road Administration Board (CRAB). RECOMMENDED ACTION: Recommend the Board of County Commissioners execute the Annual Certification for Calendar Year 2020; Certification of Expenditures for Traffic Law Enforcement — 2020; and, Certification for Expenditures for Fish Passage Barrier Removal — 2020 to be included in the annual submittal to the County Road Administration Board by the Department of Public Works. ATTACHMENTS: 1. Draft Annual Certification — 2020 2. Draft Certification of Expenditures for Traffic Law Enforcement— 2020 3. Draft Certification of Expenditures for Fish Passage Barrier Removal - 2020 Mason County Annual Certification For Calendar Year 2020 WAC 136-04 MANAGEMENT AND ADMINISTRATION A. During 2020 the County Engineer performed the duties and had the responsibilities specified in RCW 36.80.030. Yes Explanation: B. At anytime during 2020 was there a vacancy/change in the position of County Engineer?If so,were the procedures in WAC 136-12 followed? Yes Explanation: Yes.Mason County's County Road Engineer,Diane Sheesley resigned from her position January 23,2020.Dave Smith was appointed as"Acting County Engineer"by the County Board of Commissioner(Resolution 20-11,approved January 21,2020)until a permanent County Engineer was recruited.A copy of the resolution and notification letter was sent to CRAB on January 22,2020.On March 2,2020 the Board appointed Mike Collins as the new County Road Engineer(Resolution 2020-21,approved February 25,2020).A copy of the resolution,current organization Chart and notification letter was sent to CRAB on March 4,2020. C. The processing of County Road Accident Reports during 2020 complied with WAC 136-28. Yes Explanation: D. Priority Programming techniques were applied to the ranking of all potential projects on the arterial road system in 2020 per WAC 136-14-020. Yes Explanation: E.. As of December 31,2020 the management of the county road department was in accordance with policies set by the county legislative authority including,but not limited to,the following specific policies required by WAC 136-50-050: 'Has your agency sent the most recently adopted version to CRAB WAC 136-50-051? POLICY WAC DATE OF CURRENT VERSION Re:Organization 136-50-051 06/16/2020 Re:Personnel Practices 136-50-052 11/03/2020 Re:Complaint Handling 136-50-053 02/20/1990 Re:Work for Others 136-50-054 02/13/2018 Re:Utility Accommodation 136-50-055 11/14/2006 Re:Priority Programming 136-14-030 06/03/2004 Explanation: F. The following were submitted to CRAB in a timely manner: DOCUMENT WAC DUE DATE DATE OF ADOPTION/PREPARATION DATE SENT TO CRAB '20 Six-Year Program 136-15-050 31-DEC-19 11/05/2019 12/24/2019 120 Annual Construction Program 136-16-040 31-DEC-19 I1/05/2019 12/31/2019 '20 CAPP Program 136-300-W 31-DEC-19 12/27/2019 12/31/2019 '20 Road Fund Budget 31-DEC-19 12/20/2019 12/24/2019 120 Maintenance Management Work Plan 136-11-040 31-DEC-19 12/26/2019 12/30/2019 &Budget '20 Road Levy 136-150-021 01-FEB-20 02/04/2020 01/31/2020 119 Certification of Diversion and Road 136-150-022 01-APR-20 03/16/2020 03/16/2020 Fund Exp.For Traffic Law Enforcement '19 Engineer's Certification of Fish 136-150-023 01-APR-20 03/16/2020 03/16/2020 Barrier Removal Costs '19 Certification of Road Fund Exp.for 136-150-025 01-APR-20 Marine Navigation and Moorage 119 Annual Construction Report 136-16-050 01-APR-20 03/16/2020 03/20/2020 '19 CAPP Report 136-300-090 01-APR-20 03/16/2020 03/18/2020 '19 Maintenance Management 136-11-050 01-APR-20 03/12/2020 03/16/2020 Certification '19 Annual Certification 136-04-030 01-APR-20 03/16/2020 03/16/2020 '19 Road Log Update 136-60-030 01-MAY-20 04/08/2020 04/15/2020 120 PMS Certification for CAPA 136-70-070 31-DEC-20 12/25/2020 12/30/2020 Eligibility Explanation: Certification of Road Fund Exp.for Marine Navigation and Moorage is not required for Mason County. G. Projects to which construction expenditures were charged were all on the originally adopted 2020 Annual Program or as amended per WAC 136- Yes 16-042-Attach Amendments.(If No,please attach a brief explanation.) Explanation: H. The County's construction by county forces limit for 2020 computed in accordance with RCW 36.77.065: $1,269,483.75 I. The actual expenditure for construction by county forces as reported in the 2020 Annual Const.Report: $617,578.00 J. As required by WAC 136-20-060,a written Bridge and Inspection Report for 2020 was furnished to the legislative authority on(attach a copy): 06/08/2020 #of NBI Bridges as of December 31,2020:65 3/19/2021 about:blank Mason County 2020 CERTIFICATION OF DIVERSION AND ROAD FUND EXPENDITURES FOR TRAFFIC LAW ENFORCEMENT WAC 136-150-022 Total Road Levyi Budgeted Road Levy revenue(as listed on the Road Levy Certification-WAC 136-150-021): $11,116,428.00 Actual Road Levy revenue produced: $11,197,907.01 Road Lew Diversion: Budgeted Road Levy Diversion(as listed on the Road Levy Certification-WAC 136-150-021): $2,160,000.00 Actual amount of Diverted Road Levy: $2,160,000.00 Was Diverted Road Levy deposited in a specific and identifiable account(RCW 36.82.040): Yes Traffic Law Enforcement Paid by Road Fund Expenditures: Budgeted cost reimbursements and/or operating transfers from the Road Fund: $0.00 Actual total amount of cost reimbursements and/or operating transfers from the Road Fund: $0.00 Total Road Portion Traffic Law Enforcement Expenditures: $2,160,000.00 Total Traffic Law Enforcement Expense(ALL COUNTY FUNDS $2,095,059.16 RCW 36.79.140 provides that only those counties that during the preceding twelve months have spent all revenues collected for road purposes only for such purposes,including traffic law enforcement,as are allowed by Article II,Section 40 of the Washington State Constitution,are eligible to receive funds from the Rural Arterial Trust Account. This form must be reviewed and certified(on the"Engineer's Certification Form")by_ • County Sheriff • County Auditor OR Charter designated Chief Financial Officer • Chair,Board of County Commissioners OR County Executive about:blank 1/1 3/16/2021 about:blank FISH PASSAGE CERTIFICATION WAC 136-150-023 Submitting County: Mason Budget Year: 2020 Fish Passage Barrier Removal Projects Project Total Project Cost Outside of % of Total. Cost (25% Allowed by Name Cost ROW WAC) Total Expenditures for Fish Passage Barrier Removal Outside County Rights-of-Way Total Annual Road Construction Budget: $4,748,790.00 X 0.005 1/2%of Total Annual Road(Limit of"Outside of Right-of-Way" expense) =$23,743.95 Total Expenditure for Fish Passage Barrier Removal Outside County Right-of-Way $0.00 RCW 36.79.140 provides that only those counties that during the preceding twelve months have spent all revenues collected for road purposes only for such purposes, including removal of barriers to fish passage and accompanying streambed and stream bank repair as specified and limited by RCW 36.82.070 , as are allowed by Article II, Section 40 of the Washington State Constitution,are eligible to receive funds from the Rural Arterial Trust Account. nhniit plank �/1 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 30, 2021 Agenda Item #8, BRIEFING DATE: March 22, 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Private Line Occupancy Permit BACKGROUND: Tina Fite haves applied for a Private Line Occupancy Permit to install a new underground sewer transport line. This permit will include running a septic transport line to her new drain field on an upland property she owns. The home owner's property is located at 41 NE Haven Lane parcel number (22330-50- 00077) the benefiting parcel, and parcel number22330-50-00346. The permit will cover the running a new septic transport line that will run under Haven Lane and NE Rhododendron Blvd (see attached map). An application fee of $200 has been paid to process the proposed Private Line Occupancy Permit. RECOMMENDED ACTION: Recommend the Board approve the Private Line Occupancy Permit granting permission to run the utility lines under and across NE Haven lane and NE Rhododendron Blvd. for address 41 NE Haven Lane, parcel number 22330-50-00077. ATTACH EM ENT: 1. PLO IN THE MATTER OF THE APPLICATION OF Tina Fite FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN Septic Transport Line ALONG AND UNDER NE Haven LN and NE Rhododendron Blvd, A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY, WASHINGTON Application of Tina Fite with principal residence located at 8410 182"d Ave E Bonney Lake by and through Tina Fite,for a private line utility occupancy permit to construct,operate and maintain a private waterline under county roads and highways in Mason County, Washington, as set forth in attached Exhibit "A", having come before the County Commissioners of Mason County,Washington during a regularly scheduled public meeting,on the 30'h day of March, 2021, and that it is in the public interest to allow the private line utility occupancy permit herein granted; NOW THEREFORE, IT IS ORDERED that a non-exclusive private line utility occupancy permit be,and the same is hereby given and granted to operator,and its successors and assigns, hereinafter referred to as the "Permittee", for a period commencing from and after the date of the entry of this order for the purposes, at the location(s), and upon the express terms and conditions as described herein, and terminating as provided herein. 1. DEFINITIONS For the purposes of this private line utility occupancy permit, terms, phrases, words, and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual"), shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 1.2 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended, revised, updated,re-enacted or re-codified from time to time. 11. GRANT The County of Mason(hereafter the"County")hereby grants to the Permittee a non-exclusive private line utility occupancy permit(hereinafter"Permit")which, once it becomes effective shall authorize the Permittee to enter upon the road rights-of-way located within the Permit Area for the purpose of maintaining,repairing,replacing,which grant shall be limited to the following described purpose(s):Septic transport Line running alonji and under Haven Lane and Rhododendron Blvd. 1 Such grant is subject to and must be exercised in strict accordance with and subject to this Permit, Title 12 of the Mason County Code,the Manual and all applicable laws, rules, regulations and ordinances. Permittee's exercise of any rights granted pursuant to the Permit is subject to the exercise of the County's police powers, and other regulatory powers as it may have or obtain in the future. No rights shall pass to the Permittee by implication. This Permit does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities as (a) private line(s)or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Permittee shall not commence or perform work to install, construct, maintain repair, replace adjust, connect,disconnect,rebuild,or relocate its utility facilities within the road rights-of-way (hereafter collectively or individually the "Work ), without first applying for, paying all associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued, the County may impose, as a condition of the granting the utility permit,such conditions and regulations as maybe necessary for the protection, preservation and management of the road rights-of-way, including,by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities,ensuring the proper restoration of such road rights-of-way and structures,and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Permittee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications showing at a minimum: A. The position, depth and location of all such utility facilities sought to be constructed, laid, installed or erected at that time, showing their relative position to existing county roads, rights-of-way or other county property upon plans drawn to scale,hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures, erection of permanent structures,traffic control,traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway,bridge, or other structure; F. Specifications for the restoration of the county road, right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and 2 G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those located underground or attached to bridges or other structures within the road right-of-way. The location,alignment and depth of the utility facilities shall conform with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Permittee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit, public or private property,the Permittee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged,and leave the same in as good or better condition as before the Work was commenced, to the reasonable satisfaction of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do,order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of- way or other County property left by the Permittee or its agents in a condition dangerous to life or property, and the Permittee,upon demand, shall pay to the County all costs of such work. V. PERMITTEE WORK IN RIGHT OF WAY Permittee expressly agrees and understands that,with regard to Work within the road rights-of- way: A. All of Permittee's utility facilities and Work within the road rights-of-way or other County property shall be performed in compliance with the provisions of Title 12 MCC, the Manual,the administrative regulations adopted by the County Engineer,other County-established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws,rules,regulations and ordinances; B. In preparing plans and specifications for the Work the Permittee shall use the Manual. Prior to commencement of any Work,Permittee shall submit such plans and specifications to the County Engineer for review and approval together with the adequate exhibit depicting the existing or proposed location of the utility facility in relation to the road, including right-of-way or 3 easement lines;relationship to currently planned road revisions, if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection)or other locational standards that are anticipated; C. All Work subject to this Permit shall be done in such a manner as not to interfere, other than in ways approved by the County,with the construction,operation and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures,located therein,nor with the grading or improvements of such Countyroads,rights-of- way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Permit Area or other county property prior in time to the utility facilities of the Permittee, shall have preference as to the alignment and location of such utilities so installed with respect to the Permittee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Permittee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others,including others that may be installing utility facilities; and F. The County may require that Permittee's utility facilities be installed at a particular time,at a specific place,or in a particular manner as a condition of access to a particular road or road right-of-way; may deny access if a Permittee is not willing to comply with the County's requirements; and may remove, or require removal of, any utility facility that is not installed in compliance with the requirements established by the County,or which is installed without prior County approval of the time,place,or manner of installation and charge the Permittee for all the costs associated with removal; and may require Permittee to cooperate with others to minimize adverse impacts on the road and road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this Permit and applicable law,including to ensure that the private line utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist, the County, in addition to taking any other action permitted under applicable law,may order the Permittee,in writing,to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct, inspect,administer,and repair the unsafe condition if the Licensee fails to do so,and to charge the Permittee therefor. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore, and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Permittee. 4 H. When required by the County,Permittee shall make information available to the public regarding any Work involving the ongoing installation, construction, adjustment, relocation, repair or maintenance of its utility facilities sufficient to show(1)the nature of the work being performed;(2) where it is being performed;(3)its estimated completion date;and(4)progress to completion. I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC COMMUNICATIONS, POWER, CONTROL SYSTEMS,OTHER TYPES OF CABLES AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work,Permittee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the road and road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold the County and its elected and appointed officers,employees and agents harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Permittee,its contractor, agents and/or employees,that cause or in any way or degree contribute to(1)any damage to or destruction of any such facilities by Permittee, and/or its contractor, agents and/or employees, on the County's property,(2) any injury to or death of any person employed by or on behalf of any entity, and/or its contractor, agents and/or employees, on the road rights-of-way, and/or(3) any claim or cause of action for alleged loss of profits or revenue,or loss of service,by a customer or user of services or products of such company(ies). J. Permittee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below,Permittee and its agents may not enter upon the permit area to perform work for which a utility permit is required, unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property, and for purposes of taking immediate corrective action, Permittee and its agents may enter the Permit Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency; provided however, that if any entry for such purposes would require issuance of a utility permit,Permittee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry,promptly followed by written notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of-way. M. Permittee shall promptly reimburse the County for its reasonable and direct costs incurred in responding to an emergency that is caused,created by or attributable to the presence, construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights- of-way. 5 N. If, during any Work, Permittee or its agents discover scientific or historic artifacts, Permittee or its agents shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All Work done under this Permit shall be done in a thorough and workman-like manner. In the performance of any Work,including without limitation,the opening of trenches and the tunneling under county roads,right-of way or other county property,the Permittee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same,so that damage or injury shall not occur or arise by reason of such Work;and where any of such trenches,ditches and tunnels are left open at night, the Permittee shall place warning lights, barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Permittee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect,or through any failure or neglect to properly guard or give warning of any trenches,ditches or tunnels dug or maintained by the Permittee. VII. POLICE POWERS The County,in granting this Permit,does not waive any rights which it now has or may hereafter acquire with respect to county roads,rights-of-way or other county property and this Permit shall not be construed to deprive the county of any powers,rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads, right-of-way and other county property covered by this Permit. The County retains the right to administer and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve a particular right to regulate, or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Permittee. VIR. RELOCATION Permittee shall, in the course of any Work, comply with the following requirements: A. The Permittee shall,by a time specified by the County,protect,support,temporarily disconnect,relocate,or remove any of its utility facilities when required by the County by reason of traffic conditions; public safety; road right-of-way construction; road right-of-way repair (including resurfacing or widening);change of road right-of-way grade;construction,installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines, tracks, communications system,other public work,public facility,or improvement of any government- owned utility; road right-of-way vacation; or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively,such matters are referred to below as the"public work." 6 Permittee acknowledges and understands that any delay by Permittee in performing the above described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County,including but not limited to,delay claims. Permittee shall cooperate with the County and its contractors and subcontractors to coordinate such Permittee work to accommodate the Public Work project and project schedules to avoid delay,hindrance of,or interference with the Public Work. The County shall make available to the Permittee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the Permittee in planning construction programs. B. Permittee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Permittee herein do not preclude the County,its employees,contractors,subcontractors,and agents from blasting,grading,excavating, or doing other necessary road work contiguous to Permittee's utility facilities;providing that,the Permittee shall be given a minimum of forty-eight(48)hours notice of said blasting or other work in order that the Permittee may protect its utility facilities. C. In the event of an emergency,or where the utility facility creates or is contributing to an imminent danger to health,safety,or property,the County may protect, support,temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior notice, and charge the Permittee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Permittee to protect,support,temporarily disconnect,remove,or relocate the Permittee's utility facilities to accommodate the construction, operation, or repair of the facilities of such other person, the Permittee shall, after 30 days' advance written notice, take action to effect the necessary changes requested; provided that, if such project is related to or competes with Permittee's service,or if the effect of such changes would be to permanently deprive Permittee of the beneficial enjoyment of this Permit for its intended purposes through interference with the operation of Permittee's utility facilities or otherwise,Permittee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Permittee's utility facilities were not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection,removal,or relocation at no charge to the County, even if the County makes the request for such action. E. The Permittee shall, on the request of any person holding a valid permit issued by a governmental authority,temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. 7 The County of Mason will accept liability for direct and actual damages to said Permittee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in Section VIII,paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Permittee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory_negligence on the part_of the Permittee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Permittee under this section shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any Work is performed under this permit which may affect any existing monuments or markers of any nature relating to subdivisions, plats,roads and all other surveys, the Permittee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Permittee's Work and operations under this Permit. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24 and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other markers lost,destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Permittee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road or right-of-way or other County Property which is subject to rights granted by this Permit and said vacation shall be for the purpose of acquiring the fee or other property interest in said road or right-of-way for the use of the County, in either its proprietary or governmental capacity, then the Board of Mason County Commissioners may,at its option,and by giving thirty(30)days written notice to the Permittee, terminate this Permit with reference to such county road right-of-way or other Countyproperty so vacated,and the County of Mason shall not be liable for any damages or loss to the Permittee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. 8 XI. FINANCIAL SECURITY A. Insurance It is intended that the following insurance requirements shall apply to the person performing the Work in the road right-of-way. Permittee and Permittee's contractors shall not perform or cause to be performed any Work, unless and until Permittee (to the extent Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent Permittee's contractor performs any of the Work in the road right-of-way)provide certificates of insurance evidencing that Permittee or Permittee's contractors are in compliance with the following requirements,including,maintaining insurance in at least in the following amounts: 1.COMMERCIAL GENERAL LIABILITY insurance to cover liability,bodily injury,and property damage. The Commercial General Liability insurance shall be written on an occurrence basis,with an aggregate limit location endorsement for the Permit Area, and shall provide coverage for any and all costs,including defense costs,and losses and damages resulting from personal injury,bodily injury and death,property damage,products liability and completed operations arising out of the Work. Coverage must be written with the following limits of liability: Bodily and Personal InniM&Property Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS'COMPENSATION insurance shall be maintained by Permittee's contractor to comply with statutory limits for all employees,and in the case any work is sublet, the contractor shall require its subcontractors similarly to provide workers' compensation insurance for all the employees. 3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per occurrence. The required insurance shall be maintained from the time that Work in the road right-of-way commences until the Work is complete and the utility permit issued for said Work has been released by the County Engineer,or his or her designee. If the Permittee or its contractors and subcontractors do not have the required insurance, the County may require such entities to stop operations until the insurance is obtained and approved. Permittee shall, or shall cause its contractors to, file with the application for a utility permit, certificates of insurance reflecting evidence of the required insurance in a form and content approved by the County's Risk Manager. All coverage shall be listed on one certificate with the same expiration dates. 9 The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the Work,then,in that event, the Permittee shall furnish, at least 30 days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the Permit. The County reserves the right, during the term of the Permit, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this Permit shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this Permit shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of`Best's Key Rating Guide"published by A.M. Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage,the insurer does not meet the foregoing standards,Permittee shall give or shall cause its contractors to give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this Permit shall include an endorsement(standard ISO form CG 24-17)deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property,or on,over,or under a railroad track. Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this Permit shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits, The certificate of insurance must reflect this waiver of subrogation rights endorsement. 10 must reflect this waiver of subrogation rights endorsement. B. Contractor Bond. All contractors performing Work on behalf of Permittee shall be licensed and bonded. C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and shall cause its contractor(s) only as to subsection (9)below,to release, indemnify, defend and hold harmless the county and the county's legal representatives,officers(elected or appointed), employees and agents (collectively, "indemnitees") for, from and against any and all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitation, court costs, attorneys' fees, and costs of investigation,removal and remediation and governmental oversight costs),environmental or otherwise(collectively"liabilities")of any nature,kind,or description,of any person or entity, directly or indirectly, arising out of,resulting from,or related to (in whole or in part): 1. this permit; 2. any rights or interests granted pursuant to this permit; 3. permittee's occupation and use of the road right of way; 4. permittee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by,or contributed to, in whole or in part,by permittee or its agents; or 7. the acts,errors,or omissions of third parties when arising out of the,installation, construction,adjustment,relocation,replacement,removal,or maintenance of such third-party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of permittee or permittee's agents; or 9. any act or omission of contractor or its employees, agents, or subcontractors when arising out of the work. Even if such liabilities arise from or are attributed to,in whole or in part,any negligence of any indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the indemnitees does not apply are liabilities to the extent proximately caused by the sole negligence or intentional misconduct of an indemnitee or for liabilities that by law the indemnitees cannot be indemnified for. 11 Upon written notice from the county,permittee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity,relating to any matter covered by this permit for which permittee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Permittee shall pay all costs incident to such defense,including,but not limited to,attorneys'fees,investigators'fees,litigation and appeal expenses,settlement payments and amounts paid in satisfaction of judgments. Permittee will fully satisfy said judgment within ninety (90) days after said suit or action shall have finally been determined if determined adversely to mason county. upon the permittee's failure to satisfy said judgment within the ninety (90)day period,this permit shall at once cease and terminate and the county of mason shall have a lien upon permittee's utility facilities and all other facilities used in the construction, operation and maintenance of the permittee's utility system which may be enforced against the property for the full amount of any such judgment so taken against any of the indemnitees Acceptance by the County of any Work performed by the Permittee at the time of completion shall not be grounds for avoidance of this covenant. XII. PERMIT NONEXCLUSIVE This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the County of Mason from granting rights to other utilities under,along,across,over and upon any of the County roads,rights-of-way or other County property subject to this Permit and shall in no way prevent or prohibit the County of Mason from constructing, altering,maintaining or using any of said roads rights-of-way,drainage structures or facilities,irrigation structures or facilities, or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes, relocations, repairs, maintenance, etc.,the same as the County may deem fit. XIII. SUCCESSORS AND ASSIGNS All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Permittee and all privileges,as well as all obligations and liability of the Permittee, shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a specifically named party shall be deemed to apply to any successor,heir,administrator,executor or assign of such party who has acquired its interest in compliance with the terms of this Permit or under law. XIV. TRANSFER/ASSIGNMENT Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an Assignment Agreement. The Agreement must be signed and delivered back to the County of Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect to the Permit and guaranteeing performance under the terms and conditions of the Pen-nit and that transferee will be bound by all the conditions of the Permit and will assume all the obligations of its predecessor. Such an assignment shall relieve the Permittee of any further obligations under 12 the Permit, including any obligations not fulfilled by Permittee's assignee; provided that, the assignment shall not in any respect relieve the Permittee,or any of its successors in interest, of responsibility for acts or omissions,known or unknown,or the consequences thereof,which acts or omissions occur prior to the time of the assignment. No Permit may be assigned or transferred without filing or establishing with the county the insurance certificates, security fund and performance bond as may be required pursuant to this Permit. XV. ANNEXATION Whenever any of the County road rights-of-way or other county property as designated in this Permit,by reason of the subsequent incorporation of any town or city,or extension of the limits of any town or city, shall fall within the city or town limits; then, except to the extent allowed by law,this Permit shall terminate in respect to the said roads,rights-of-way or other county property so included with city or town limits;but this Permit shall continue in force and effect to all county road rights-of-way or other county property not so included in city or town limits. XVI. TERM/TERMINATIONIREMEDIES A. Term. This Permit shall commence upon acceptance by the Permittee as provided at Section XVIH herein and continue in PERPETUITY until terminated or otherwise superseded by a subsequent franchise, private line utility occupancy permit, master road use permit or other agreement of the Parties. In the event that it is determined by a court of competent jurisdiction that, as a matter or law,the term provided for herein is unlawful,this Permit shall be deemed to have a term for the maximum period allowed by law,and if no such maximum period is readily and easily capable of being identified, for a term of not longer than fifty(50) years. B. Termination by County. Permittee has elected to obtain a Permit in lieu of a franchise agreement. Permittee understands and agrees that, unlike a franchise, this Permit may be terminated by the County with or without cause. This means that the County is not required to have or provide a reason for the termination and that the County may terminate this Permit in its sole discretion without penalty to the County and regardless of whether or not Permittee is or is not in default; provided that, the County may not terminate this Permit for a reason that is unlawful. The Parties agree that the only condition of termination by the County of this Permit is that the County must give not less than ninety (90) days written notice to the Permittee of termination. The County Engineer is authorized to exercise the right of the County to terminate this Permit. C. Termination upon Transfer/Assignment/Conveyance. This Permit shall automatically terminate upon: (1) assignment of the Permit without the prior written consent of the County in substantially the form of an Assignment Agreement (obtained by request), (2) transfer of the utility facilities located with the Permit Area without prior written notice to the County and mutual acceptance of an assignment of the Permit,(3)conveyance of the real property or any part thereof benefited by the installation and operation of the utility facilities without prior written notice to the County and mutual acceptance of an assignment of the Permit, or (4) use of the 13 utility facilities for the benefit of persons other than the owner/operator in a manner that no longer constitutes a de-minimis use of the road right-of-way. D. Termination upon Removal of Utility Facilities. This Permit and all of the rights, duties and obligations contained herein, shall terminate upon removal of all Permittee utility facilities from the road right-of-way or abandonment and de-commissioning in place to the reasonable satisfaction of and in the manner approved by the County Engineer and restoration of the road right-of way to the satisfaction of the County Engineer. E. Effect of Termination. On or before the effective date of termination or as otherwise mutually agreed to by Parties,Permittee shall remove its utility facilities from the road rights- of-way and restore the road rights-of-way to the reasonable satisfaction of the County Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and de- commissioning of the utility facilities in the manner approved by and to the reasonable satisfaction of the County Engineer. In the event that the Permittee fails to timely and completely perform such work,the County may perform or complete such work at the cost of the Permittee and Permittee shall be obligated to reimburse the County for such work within 30 days of invoice by the County. F. Remedies, In addition to the right of the County to terminate this Permit,the County has the right to exercise any and all of the following remedies, singly or in combination, in the event of Default. "Default"shall mean any failure of Permittee or its agents to keep,observe or perform any of Permittee's or its agent's duties or obligations under this Permit: 1. Damages. Permittee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Permittee under this Permit without any requirement to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Permit agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief and/or proceed against Permittee and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages,costs and expenses,including reasonable attorneys'fees.Remedies are 14 cumulative, the exercise of one shall not foreclose the exercise of others. XVIL SUBSEQUENT ACTION The County reserves for itself the right at any time upon ninety(90) days written notice to the Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation, relating to the public welfare, health, safety or highway regulation,as may hereafter be enacted, adopted or promulgated. XVIII. ACCEPTANCE Permittee shall execute and return to County a signed acceptance of the Permit granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the Permit,Permittee warrants that it has carefully read the terms and conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts,that it has had the assistance of counsel or an opportunity to have assistance of counsel,that it was not induced to accept a Permit,that this Permit represents the entire agreement between the Permittee and the County.In the event the Permittee fails to submit the acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. XIX. RECORDING OF MEMORANDUM OF PERMIT The Parties agree that a"Memorandum of Permit"in substantially the form attached hereto as Exhibit"A",shall be filed for record with the Office of the Mason County Auditor upon written acceptance by the Permittee. The cost and expense of such filing shall be borne by the Pen- ittee if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing,this Permit is not intended nor shall it be construed to create an interest in land or constitute the grant or conveyance of a real property interest by the County to the Permittee. The requirements of this Section XIX are intended solely to provide notice of the existence of this Permit and the terms and conditions there under,including inter-alia,the limitations upon assignment of the Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor's tax identification number of the parcel or parcels benefited by thus Permit and a legal description of each such parcel to be included in the Memorandum of Permit. XX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this Permit shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this Permit shall be in Mason County, Washington or the Western District of Washington if an action is brought in federal court, provided;however,that venue of such action is legally proper. 15 B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Permittee on any Permit area. C. Waiver. No waiver by either party of any provision of this Permit shall in any way impair the right of such parry to enforce that provision for any subsequent breach,or either party's right to enforce all other provisions of this Permit. D.Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Permit,the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This Permit may be amended only by a written contract signed by authorized representatives of Permittee and County of Mason. F. Severability. If any provision of this,Permit is held to be illegal, invalid or unenforceable under present or future laws,such provision will be fully severable and this Permit will be construed and enforced as if such illegal,invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal,invalid or unenforceable provision herein,there will be added automatically as a part of this Permit,a provision as similar in its terms to such illegal,invalid or unenforceable provision as may be possible and be legal,valid and enforceable. G. Joint and Several Liability. Permittee acknowledges that, in any case in which Permittee and Permittee's contractors are responsible under the terms of this Permit, such responsibility is joint and several as between Permittee and any such Permittee's contractors; provided that,the Permittee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this Permit shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested; or(b) a nationally recognized overnight mail delivery service, to the Party and at the address specified below,except as such Party and address may be changed by providing no less than thirty(30)days'advance written notice of such change in address. Permittee: Tina Fite 8410 182nd Ave E Ranney Lake, WA 98391 Attn: Tina Fite Grantor: Mason County Public Works 100 W Public Works Drive Shelton, WA 98584 16 1. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation upon the County to determine the adequacy or sufficiency of Permittee's plans and specifications or to ascertain whether Permittee's proposed or actual construction, installation, testing, maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County. No approval given, inspection made, review or supervision performed by the County pursuant to this Permit shall constitute or be construed as a representation or warranty express or implied by County that such item approved,inspected, or supervised, complies with laws,rules regulations or ordinances or this Permit or meets any particular standard,code or requirement,or is in conformance with the plans and specifications,and no liability shall attach with respect thereto.County and inspections as provided herein, are for the sole purpose of protecting the County's rights as the owner and manager of the road rights-of-way and shall not constitute any representation or warranty,express or implied, as to the adequacy of the design, construction, repair, or maintenance of the utility facilities, suitability of the permit area for construction, maintenance, or repair of the utility facilities, or any obligation on the part of the County to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment,maintenance,repair,or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the Party or Parties may require. The provisions of this Permit shall be construed as a whole according to their common meaning, except where specifically defined herein, not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Permit. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this Permit or in the future as contemplated herein,are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday,Sunday,or legal holiday in the State of Washington. 17 N. Entire Agreement. This Permit is the full and complete agreement of County and Permittee with respect to all matters covered herein and all matters related to the use ofthe Permit Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all other agreements of the Parties hereto with respect to all such matters,including,without limitation,all agreements evidencing the Permit. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law, Permittee shall have no monetary recourse whatsoever against the County or its officials,boards,commissions,agents,or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Permit or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise, any act that Permittee is required to perform under this Permit shall be performed at its cost. If Permittee fails to perform work that it is required to perform within the time provided for performance,the County may perform the work and bill the Permittee. The Permittee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors are subject to the same restrictions,limitations,and conditions as if the Work was performed by the Permittee. The Permittee shall be responsible for all Work performed by its contractors and subcontractors,and others performing Work on its behalf,under its control,or under authority of its utility permit, as if the work were performed by it and shall ensure that all such work is performed in compliance with this Permit,Title 12 MCC,the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Permittee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Permittee's behalf are familiar with the requirements of the Permit, Title 12 MCC,the Manual,and other applicable laws governing the work performed by them and further, for ensuring that such contractors and subcontractors maintain insurance as required herein. R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer have the right to occupy the Permit area. However,the Permittee's obligations under this Permit to the County shall survive the termination of these rights according to its terms for so long as the Permittee's utility facilities shall remain in whole or in part in the road rights-of-way, except to the extent the County Engineer has approved abandonment in place. By way of illustration and not limitation, Permittee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performancelpayment bond pursuant to Section XI and Permittee's obligation to relocate its utility facilities pursuant to Section VIII,shall continue in effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent that a County- approved transfer, sale, or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility facilities or for the relevant acts or omissions. 18 DATED at Shelton, Washington this day of , 20 APPROVED: BOARD OF COMMISSIONERS MASON COUNTY, WASHINGTON Cou tttyy Engineer Chair Approved as to form: Vice Chair Chief D.P.A. Commissioner 19 RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer EXHIBIT "A" MEMORANDUM OF PERMIT Title: Private Line Occupancy Permit Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: Description of Franchise Area: SEE EXHIBIT A-4 A-1 ACCEPTANCE OF PERMIT Private Line Utility Occupancy Permit effective , 20 I/We,'!n a F. fe-atn/our the Pro 9 e r�( Oc-,A{t of parcel(s) p,2Z 3 SO yo - &0 o ?7 and I/we am/are the (Operator and) or(representative authorized to) accept Permit on behalf of J n a F; -c I/we certify that this Permit and all terms and conditions thereof are accepted by'%rra r"t e without qualification or reservation and guarantee performance hereunder. I/We certify that, to the best of my/our knowledge, the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel are as described in the attached exhibit. DATED this day of PERMITTEE(S) By: ; Title: ,-2 w n -e,- STATE OF ) ss. COUNTY OF Mc I certify that I know or have satisfactory evidence that�_ 00A is the person who appeared before me, and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument and acknowledged it as the (�\J ije,►t of the �40 )f t- (i of to be the free and voluntary act of such party for the uses and purpos s menti ed ih the instrument. Dated: �� • Qo��e is? � '%� Notary Public ,! Print Name r4Q NOTA My commission expires A-2 MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT THIS MEMORANDUM OF PERMIT is dated as of the_day of ,20_ between the County of Mason,a legal subdivision of the state of Washington("County")and (Permittee"). 1. Pr- operty. County has,pursuant to Private Line Utility Occupancy Permit granted to Permittee,the right,revocable at the will of the County,to use and occupy certain road rights- of-way for the construction,installation,adjustment,maintenance,removal,repair,relocation and operation of Permittee's utility facilities for the benefit of the herein described Property,upon the terms and conditions of that certain permit agreement between the parties accepted the day of , 2020 (the"Permit"),which terms and conditions are incorporated herein by this reference. The property to be benefited by this permit is situated in the Mason County, Washington, legally described in Exhibit A attached hereto(herein called the"Property"). The road right-of-way permit area("Permit Area")is also described in attached Exhibit A. 2. Term. The term of the Permit is in perpetuity unless terminated. 3. Termination. County in its sole discretion may terminate all or part of the Permit with or without cause upon no less than ninety(90)days written notice to the Permittee. Further, this Permit will automatically terminate upon assignment without the prior written consent of the County, or upon transfer of the Property without the prior written consent of the County to an assignment of the Permit or upon transfer of all or part of the utility facilities located in the Permit Area without the prior written consent of the County to an assignment of the Permit. 4. Purpose of Memorandum of Permit. This memorandum of permit is prepared for the purpose of recordation and notice and in no way modifies the Permit and is in no way intended to or should be construed to create or convey an interest in land or the road right-of-way. DATED this day of ,20 CO OF MASON C untyhnginee Approved as to form: Chief D.P.A. A-3 FORNI OF MEMORANDUM OF PERMIT Femut Area Map Pvlason County 1:1A GIS'Vleb rvlap 51 HAVEN LN 1 223305000076 i - / 44 NE HAVEN LN 223305000077 / 223305000407 223305000078 / N LN 2 i � i 223305000: % 223309999999 �l i l 0�/ 1 ,�� off,:" ' •' �00��,0 i 80 NE RHODODENDRON B A. 223305000347 Tina Fite Private Line Occupancy A-4 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins P.E, PLS, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: March 30, 2021 Agenda Item #8.\2 BRIEFING DATE: March 22, 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: County Force Construction Projects - 2020 Notification of Final Costs as per Chapter 36.77 RCW BACKGROUND: RCW 36.77.070 requires advertisement in County newspaper of construction projects performed by county forces over $10k before projects initializes (brief description of work and engineers estimate of cost) and after completed (similar brief description of work with true and complete cost). The annual costs of projects performed in-house are limited by a set statute. Public Works is presenting to the Board a "Notification of Final Costs" of county force construction projects completed during the previous year to meet the project completion advertising requirements. RECOMMENDED ACTION: Recommend the Board execute the"Notification of Final Cost" of County Road Construction projects completed in 2020 performed by county forces. ATTACHMENT: 1. Notification of Final Cost BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY,WASHINGTON NOTIFICATION OF FINAL COST COUNTY ROAD CONSTRUCTION—2020 BE IT HEREBY ORDERED,that the undersigned Board of County Commissioners of Mason County, Washington,gives official notification in conformance to RCW 36.77.070 of the actual construction expenditures for county force construction projects in Mason County for year 2020 where the estimated cost of the work exceeds$10,000. CRP NO. COUNTY ROAD NAME COUNTY FORCES PROJECT TOTAL DATE 2014 Deegan Rd.W $362,334. $413,364. 12/31/20 Culvert Replacement 2015 Shelton Valley Rd. $255,244. $312,640. 12/31/20 Culvert Replacement **Total County Forces Expenditures: $617,578.00 * The preliminary cost estimate,covering the above-named project(sy was formerly ordered on the indicated days,as provided by RCW 36.77.070. ** This figure satisfies the requirement of RCW 36.77.065.Mason County's 2020 County Forces Construction limit was$1,269,483.75. DATED this day of 2021. BOARD OF COMMISSIONERS CERTIF BY: MASON COUNTY,WASHINGTON X11 COLLINS,PA County Engineer RANDY NEATHERLIN,Chair ATTEST: KEVIN SHUTTY,Vice Chair MCKENZIE SMITH,Clerk of the Board SHARON TRASK,Commissioner APPROVE AS TO FORM TIM WHITEHEAD,Chief DPA cc: Commissioners Finance JOURNAL: Publ.1t.:4/1/2021(Bill: Mason County Dept.of Public Works) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Daniel Goodell, Presiding Judge Action Agenda x Amber Finlay, Judge Public Hearing Monty Cobb Jude Other DEPARTMENT: Superior Court EXT: 206 DATE: March 30, 2021 Agenda Item #8.\3 Commissioner staff to complete) BRIEFING DATE: March 22, 2021 BRIEFING PRESENTED BY: Daniel Goodell [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Request to reorganize the administrative structure of the Superior Court Background: The three Mason County Superior Court Judges currently exercise direct supervision over three main divisions of the Superior Court: the general Superior Court, the Therapeutic Courts and the Juvenile Court. In addition, the Judges exercise direct supervision over the Court Commissioners. The request set forth in this briefing does not relate to the supervision over Court Commissioners. A copy of the current organizational structure is attached to this Summary as "Attachment A", and incorporated by this reference. Current General Superior Court. This includes the general functions of the Superior Court (Criminal, Domestic, Juvenile, Dependency, Civil, Probate, ITA, Guardianship, Appellant, Truancy, Adoption). The current Superior Court Administrator position supervises these functions at the direction of the judges. In addition to the supervisory role, the current Superior Court Administrator position also performs the direct tasks of Court scheduling, preparing, accounting and maintaining the general budget, managing the infrastructure, IT support and other needs of the Court and facilities. The current Superior Court Administrator position supervises staff, including two Court Recorder/Judicial Assistant positions, one Court Recorder/Family Law Facilitator and the Therapy Court Program Manager. Current Therapeutic Courts. This includes the four Therapeutic Courts: the Veteran's Court, the Mental Health Court, the Drug Court, and the Family Recovery Court. The current Superior Court Administrator position supervises the Therapy Court Program Manager who provides administration functions for the operations of the four Therapeutic Courts. The Program Manager further supervises staff, including three Caseworkers. The Therapy Court Program Manager is also responsible for preparing, accounting and maintaining the Therapeutic Court budget. Current Juvenile Court. This includes Juvenile Court Probation and Juvenile Court Detention. The Juvenile Court Administrator administers these functions at the direction of the judges and is not supervised by the current Superior Court Administrator position. The Juvenile Court Administrator supervises the Deputy Juvenile Court Administrator who, in addition to the direct duties involving the juvenile court, further supervises staff, including the Juvenile Court Program Coordinator, the Lead Probation Officer, four Probation Counselors, and the Office Technician. The Juvenile Court Administrator further manages the Juvenile Detention facility and supervises staff, including the Detention Supervisor who serves as a lead and performs duties as a Detention Officer, along with eight other Detention Officers. In addition, the Juvenile Court Administrator supervises an Accounting Technician who accounts for and maintains the Juvenile Court budget. Proposed Changes. First Phase: The Superior Court is requesting that a change be made in the administrative structure of the Court to be considered in three phases. This request involves only the first phase. The first phase would consolidate the administration of all of the three divisions of the Superior Court under one Chief Superior Court Administrator. In addition, the first phase would result in the creation of a new position in the form of a Finance Manager to consolidate all of the financial functions of the three court divisions into one department. The new Finance Manager position would report to and be directed by the Chief Superior Court Administrator. This phase also eliminates the current Superior Court Administrator position. The change in Full Time Equivalent (FTE) positions requested is 1. A copy of the organizational structure for the First Phase is attached to this Summary as"Attachment B", and incorporated by this reference. Rationales/First Phase. Timing. Robyn Lockwood, the current Superior Court Administrator, is retiring at the end of April, 2021. This retirement required the Superior Court to address the appropriateness of maintaining the status quo of a very inefficient management structure that is ill equipped to provide the appropriate supervision of the three expanding divisions of the Superior Court. There is an urgency to deal with these issues and the retirement of Ms. Lockwood gives the Superior Court an opportunity to address these inefficiencies and make necessary changes in order to streamline the flow of information and to centralize the administration of the three divisions under the direction of the Superior Court Judges. Finance Manager. Currently, there are several budgets managed in the various divisions of the Superior Court. There is no suggestion that these budgets should be changed. However, it is the belief of the Superior Court that there would be more efficiencies associated with having all budgets managed out of the same office as well as creating one point of contact with the BOCC and Budget Manager at the time of annual budget preparation. This will assist the Superior Court judges in meeting their management responsibilities and allow them to go to a single source in order understand the financial status and needs of the various divisions. Creating a single office will create further efficiencies for the other budgetary functions as well, such as payroll and grant reporting/compliance. This position can further assist in the development of grant applications and build upon and enhance the recent success that the Superior Court has had in grant awards throughout its divisions. On this point, it should be further noted that with the various court programs accessing more federal grants, consolidating financial services would also allow for the development of internal expertise in handling these very time-consuming and data-driven money sources. Given the volume of financial transactions in the three divisions, the Superior Court has determined that it will be appropriate to move the Accounting Technician from the Juvenile Court division, to a position under the supervision of the Finance Manager. Chief Superior Court Administrator. Currently, the management of the various divisions of the Superior Court is disjointed. There is no single line of communication between the Superior Court judges and the various divisions. It is difficult, at best, for the judges to perform their primary roles as judicial officers and ensure that they are meeting their responsibilities to manage all of the divisions in an equal manner. A single administrative position that focuses equally on all three divisions will create a single, consistent source of information flowing to the Superior Court judges, thereby enhancing their ability to keep informed of the ongoing functions of each division while providing for an efficient manner for them, in turn, to provide the appropriate direction. In addition, with the consolidation of the financial department, there would be one single source administrator to direct the functions of the financial department under the direction of the Superior Court Judges. Potential Changes/Second and Third Phases: Second Phase: The Superior Court recognizes that there may be a need to adjust staffing and leadership roles in the General Superior Court Division. There are multiple non-supervisory tasks currently performed by the current Superior Court Administrator, along with a new set of job responsibilities that have emerged as a result of the changes made to functions of the Court, Post-Covid. A major component of the existing Superior Court Administrator's current job responsibilities include the financial/budgetary functions that would be transferred in phase one to the new Finance Manager position. The Superior Court believes that as a second phase, it would be best to allow the new Chief Superior Court Administrator to consider how all of these functions will best be covered by: existing staff; the Chief Superior Court Administrator; a new staff level and/or supervisory position under the direction of the Chief Superior Court Administrator; or a combination of these positions. Third Phase: The Superior Court recognizes that the current administration of the Juvenile Court, which includes Juvenile Probation and Juvenile Detention, also needs to be addressed. However, given the current legislation pending at the State level, Senate Bill 5122 (this bill modifies the juvenile offender statutes by changing the definition of"juvenile"to mean any individual who is under the chronological age of 20, instead of 18 years), the Superior Court believes it would be premature to address any potential changes. Again, the Superior Court would look to the new Chief Superior Court Administrator to make a recommendation regarding any changes. The Superior Court believes that as a third phase, it would be best to wait to learn what, if any, changes will be made to the Juvenile Court as a result of any new legislation before addressing any administrative changes that would be appropriate under the first phase structure. BUDGET INFORMATION: For the budget year 2021, the savings for the eliminated Superior Court Administrator position on May 1, 2021, with salary and benefits, is estimated to be $80,666.04. The annual estimated cost for the Chief Superior Court Administrator is $91, 323.83 and Superior Court Finance Manager is $67,206.29, including salary and benefits, with the positions beginning on May 1, 2021. The 2021 combined budget increase is $77,864.07 Calculated with the assistance from Human Resources. RECOMMENDED ACTION: Approve the proposed reorganization of the Superior Court Administration to create, post, and fill a Chief Superior Court Administrator, Superior Court Finance Manager, and eliminate the Superior Court Administrator position. The change in Superior Court FTE count is increased by 1 FTE. ATTACHMENTS: Attachment A, the current Superior Court Organization Chart, and Attachment B, the proposed Superior Court Organization Chart (Phase 1), proposed job descriptions, and the estimated savings and costs of the changes. Legend [ro :heIVloa of Commissioners =Li-erity Date SMerior Court Judean Monty Cobb Amber Finlay hairDan Goodell er Superior Court Administrator Robyn Lockwood Probation&Juvenile Services Court Commissioner Administrator Bob Sauerlender(.94 FTE-.64 Jim Madsen Superior Court&.3 Therapeutic Superior Court Services Therapeutic Court Renee Cullop—Therapeutic Court Court) Cheryl Green—Court Program Manager Recorder/Family Law Facilitator Rachell Osman—Court Case Managers Recorder/Judicial Assistant Sam Badgley Carolyn Putvin—Court Susan Fraisure Accounting/Ciele Juvenile Court Services Depuri Recorder/Judicial Assistant Gabrielle Cranor(.5 FfE Temporary Paula Thale—Accounting TechnicianAdministrator Grant Funded Position) Mike Dunn Juvenile Detention ation Officers Jamie Baily—Detention Lead Officer Karsen—Probation Officer Saraberg—Probation Officer Detention Officers Maen—Probation Officer Lisa Barnes Sheena Herbert Dawdnik—Probation Officer Shannon Humphrey Lucas Marx Chy—Probation Officer Curtis Palmer Joshua Snodderly Tiim VandCourt Program Coordinator Nohea Umu John Volkert Clerical Extra Help Jennler—Office Technician Holly Allen Colton Bradbury riZ�9.94 —Superior Court Elected Officials Lee Jaramillo Barbara Lee —Superior Court Administration(Includes Law Library Funding) Trevor Madison Alyx Marsh E—Therapeutic Court Kevin Martinez Kyle Plamondon E—Probation&Juvenile Services Elijah Robinson Amanpreet Singh Approved 2021 Budgeted FTE's Superior Court 10 Extra Help Juvenile Detention Officers .5 FTE Therapeutic Court Extra Help Grant Position through 2024 Organization Chart Extra Help Court Commissioners& Bailiffs as needed (Attachment A) i Legend Approved by the Board of Commissioners =Linerity Sharon Trask,Chair Date 4Dan ior Court Judges onty Cobb ber Finlay Randy Neatherlin,Vice Chair an Goodell Kevin Shutty,Commissioner inistrator ommissioner ion rSup4erior nder(.94 FTE-.64 3 rt&.3 Therapeutic Court) S_pgrior Court Services Therapeutic Court Program Superior Court Finance Cheryl Green—Court Manager Manager Probation&Juvenile Services Administrator Recorder/Family Law Facilitator Renee Cullop Vacant—New Position Jim Madsen Rachell Osman—Court Salary Range 2S Salary Range 29 Salary Range 40 Recorder/Judicial Assistant Carolyn Putvin—Court Accounting Recorder/Judicial Assistant EG.brielIIeCranor(.5FTETem nagers Paula Thole—Accounting dgley Deputy Administrator Juvenile Courts aisure Technician Mike Dunn porary Salary Range 35 Position) Juvenile Probation Juvenile Detention KaronAntonsen—ProbationOffiicer JamieBaily—DetentionLeadOfficer Sarah Dannenberg—Probation Officer Madison Larsen—Probation Officer Lisa Barnes Sheena Herbert Dawn Mesojednik—Probation Officer Shannon Humphrey Lucas Marx Chris Murphy—Probation Officer Curtis Palmer Joshua Snodderly Tim Vanderwaal—Court Program Coordinator Nohea Umu John Volkert Clerical Extra Melo FFTE SuperiorCourtElededOfficials Jennifer Wheeler—Office Technician Holly Allen Colton Bradbury Court Commissioner LeeJaramillo Barbara Lee uperior Court Director Trevor Madison Alyx Marsh Kevin Martinez Kyle Plamondon uperior Court Services Elijah Robinson Amanpreet Singh —Therapeutic Court Program uperior Court Finance robation&Juvenile Services Administrator/Deputy Admin uvenile Probation Officers&Clerical Superior Court uvenile Detention Officers 30.94 Proposed 2021 Re-org Budgeted FTE's Organization Chart First Phase (Attachment B) .4�rLyV!.l CpL.SrJ- POSITION DESCRIPTION FRepo;rtsto: Superio;Court rt Administrator Department: Superior Court Non-Rented Supervises/Directs: Superior Judges Official Court Recorder/Judicial Assistants Official Court Recorder/Family Law Facilitator Bailiffs Therapeutic Courts/Program Manager I Exempt: X Probation & Juvenile Services Administrator p Non-Exempt: Superior Court Finance Manager Job Class: TBD Risk Class: 5306-07 Salary Range: According to current Non- Represented Salary Scale JOB SUMMARY: The Superior Court Deputy manages, plans and directs the operation of Superior Court administration, as well as provides technical assistance to Superior Court Judges in planning and administering court programs; coordinating court activities through subordinate personnel; using knowledge of court and judicial department operations, goals, policies and procedures to manage and supervise the Therapeutic Courts, the general Superior Court, and the Juvenile Court, including the Juvenile Probation and Juvenile Detention; and ensuring the effective and efficient utilization of personnel, funds, materials, facilities, and time to accomplish short- term and long-range goals. CLASSIFICATION STANDARDS: The single position allocated to this classification is responsible for the direction and administration of all non- judicial functions of the Superior Court including, but not limited to, fiscal management, staffing, management of courtroom facilities, oversight and supervision of the Family Law Facilitator Program, the Therapeutic Court Programs and the Juvenile Court Programs, including the Juvenile Probation and Juvenile Detention. The Chief Superior Court Administrator receives general administrative direction from the Superior Court Judges. ESSENTIAL JOB FUNCTIONS: (Any one position may not include all of the duties listed nor do the listed examples include all tasks which may be found in positions of this class.) Directs and manages the administrative work of the Court to permit the maximum allowance of Judges' time for judicial work. Manages and coordinates the activities of the Court support operations staff by participating in staff selection, planning and organizing workloads and assignments, conducting ring and resolving grievances and other personnel matters and providing training to employees oto ensure oeffective delivery of services by the department. Implements policies, procedures and performance standards to assure efficient and effective departmental operation that is in compliance with state law, court rules and Superior Court goals and objectives. Reviews and analyzes existing practices and procedures to recommend improvements and changes as warranted. Monitors state and federal laws to ensure Court administrative operations are in compliance. Est. 3.xx.2021 Oversees the preparation and distribution of a variety of reports and documents to ensure they are accurate and timely. Supervises and coordinates the proper retention and storage of records and court documents to - ensure compliance with relevant regulations and statutes. Oversees the creation, adjustments and implementations of the Court schedules to ensure accommodations are made forjudge, attorney, clerk and support staff schedules. Oversees case flow management to monitor criminal and civil cases and trials; oversees the monitoring of cases and adjustments of caseloads and courtrooms; oversees the assignment and management of appeal case flow, ensuring the production of Verbatim Reports of Proceeding in a timely manner. Performs general administrative duties to assist the Judges including overseeing the preparation of Court orders. Provides liaison between Judges and the various Court support staff ensuring good working relations. Coordinates activities with other department managers, elected officials, other county departments, outside agencies and organizations. Oversees the preparation and administration of budgets for the Superior Court, Family Law Facilitator, Family Court, Therapeutic Courts and Juvenile Court, including Juvenile Probation and Juvenile Detention, along with other Funds, including Grants and other Programs as directed by the Superior Court Judges, based on staffing and resource requirements, cost estimates, and objectives and goals. Ensures the monitoring and documentation of expenditures to maintain compliance with approved budget and staffing levels. Coordinates purchases including equipment and supplies. OTHER JOB FUNCTIONS: Analyzes and recommends improvements to existing services and operating systems of the Court. Develops and maintains systems and records that provide for proper evaluation, control and documentation of assigned operations. Generates statistical and summary reports regarding Court functions. Initiates or processes Court correspondence as required. Responds to inquiries, problems, complaints or emergencies affecting the availability or quality of services ensuring appropriate and timely resolution of a variety of situations. Performs other related duties as assigned. Regular and reliable attendance. WORKING CONDITIONS: Duties are primarily performed in an office environment while sitting at a desk or computer terminal. Physical exertion may be required to lift boxes, equipment and supplies ranging in weight from 10-40 pounds. Work beyond the normal workday and/or weekends may be required. This position is designed "at will' under the provisions of Mason County Personnel Policies, Section 1.2 QUALIFICATIONS: The Superior Court Deputy possesses a comprehensive knowledge of the statutes and rules governing the operation of Superior Court, Therapeutic Courts and Juvenile Court, including the Juvenile Probation and Juvenile Detention programs;the ability to plan, organize and supervise personnel engaged in work requiring accuracy and attention to detail; and the ability to communicate effectively orally and in writing. Specific knowledge and ability includes, but is not limited to: Knowledge of: • Superior Court practices, principles, and procedures. • Therapeutic Court practices, principles and procedures. • Juvenile Court practices, including the Juvenile Probation and Juvenile Detention programs, principles and procedures. • Modern principles and practices of management and supervision including • Legal requirements, regulations and laws applicable to Superior Court, The a tpeu dministra Courts and Juvenile Court, including Juvenile Probation and Juvenile Detention.. • Principles and practices of governmental fiscal management, includingbudget expenditure control, and record keeping. preparation, Est. 3.xx.2021 Ability to: • Plan, organize and oversee assigned work programs, including monitoring work schedules and evaluating the work of subordinates. • Analyze and evaluate operations and develop and implement corrective action to resolve problems. • Establish and maintain effective working relationships with employees, County judges and all other elected officials, department heads, other agencies, and he general public.ners, • Communicate effectively, both orally and in writing, with individuals and groups regarding complex or sensitive issues or regulations—often under stressful and high-pressure situations. • Perform accounting and budget administration functions. • Forecast, plan and implement program adjustments as required by changing conditions. • Operate office equipment, including computers. EDUCATION AND EXPERIENCE: Any equivalent combination of education and experience which provides the applicant with the knowledge, skills, and abilities required to perform the job. A typical way to obtain the knowledge and abilities would be: A Bachelor's degree or greater from an accredited college or university with major course work in business, court administration, or a related field; and Six years of progressively responsible experience, including two years of supervisory experience, in a law office or in the court system. LICENSES, CERTIFICATES AND OTHER REQUIREMENTS: Valid Washington State driver's license Completion of core competency classes through the National Center for State Courts. If the Incumbent is not already certified, certification must be completed within one year of hire. REQUIRED TRAINING FOR THIS POSITION: Sexual Harassment & Discrimination —Annually Smart Risk Management—Once Slip, Trip and Fall —Annually Safe Lifting Practices —Annually FEMA IS 100 and 700-Once FEMA IS-907-Active Shooter-Annually REGULAR MONITORED DRIVER: Yes _X_No Additional job specific trainings may be issued at a later date. Elected Official Signature of Approval: Date: Human Resources Signature of Approval: Date: I have read and understand the above position description: Name: Date: Signature: Est. 3.xx.2021 MASON COUNTY CIVIL SERVICE COMMISSION POSITION DESCRIPTION F e: Superior Court Finance ManagerDepartment: Superior Court iation: Non-Represented Reports to: Chief Superior Court Administrator Salary Range: According to current Non- Supervises/Directs: Financial Assistants -Represented Salary Scale Risk Class: 5306-07 Job Class: 2010 Exempt_X_ Non Exempt.__._ L.Superior Court Approval Date: Human Resources Approval Date: GENERAL DESCRIPTION An incumbent in this position serves as the Finance Manager under the direction of the Chief Superior Court Administrator for all funds within the Superior Court. This position participates in all major program management decisions having fiscal implications. This position supervises the office fiscal staff and provides financial assistance to managers. This Position plans, organizes, supervises, and conducts the account, budgeting and personnel/payroll business activities for funds having a variety of complex requirements by such factors as diversity of accounts, federal, and other grant reimbursable funding. ESSENTIAL JOB FUNCTIONS (any one position may not include all duties listed, nor do the examples include all tasks that may be performed in positions of this class,) Develops and directs day-to-day fiscal operations and policies, establishing and improving procedures, forms, and systems within the framework of the budgeting, accounting and reporting system for counties as required by the Division of Municipal Corporations of the State Auditor's Office. Initiates, develops and prepares required periodic and routine fiscal reports, financial reconciliations and management analysis reports. Provides financial management guidance to staff for long-term cyclical requirements, and determines staffing requirements for special fiscal projects. Prepares the comprehensive annual financial reports for the Superior Court to ensure that the financial records comply with generally accepted accounting principles, state statutes and local policies. Responsible for maintenance and reconciliation of all accounts under the Superior Court's control. Manages and participates in the development and administration of the budget for the Superior Court and all its divisions. Provides forecasting of funds needed for staffing, equipment, materials and supplies. Directs the preparation of budgetary adjustment, as necessary. Provides periodic budget progress reports to managers. Monitors compliance, reporting to and billing to Federal, State, and local agencies for all grant funds. Manages and oversees inter-local and contractual agreements. Provides support for and assists in the development of Grant applications, as directed. Resolves or supervises the resolution of inquiries complaints, availability or quality of financial services. Responds tot the most sensitive oor complex nqui ies of service Fct RAarrh onoi complaints. Conducts performance evaluation, monitors and resolves grievances and other personnel matters and provides training/mentoring to fiscal employees to ensure effective delivery of financial services. Regular, reliable and punctual attendance. Performs related work as required. WORKING CONDITIONS Works indoors in clean, climate-controlled workspace. Required to sit for extended periods; frequently required to use hands to operate computers, office machinery and office supplies, which may require repetitive wrist and hand movement; occasionally required to stand and reach with arms and hands. Occasionally required to climb, balance, stoop, kneel, crouch or bend. May lift or move up to 10-40 pounds. Position requires mental acuity to ensure thorough analysis of situations in a fast-paced environment. Employee is required to maintain confidentiality of information within the office. May be required to deal with irate, disgruntled individuals requiring the use of conflict management skills. Employee is frequently required to perform work in confidence and under pressure for deadlines, and is required to maintain professional composure and tact, patience and courtesy at all times. This position is designed "at will" under the provisions of Mason County Personnel Policies, Section 1.2. QUALIFICATIONS Comprehensive Knowledge of: • Federal and state laws regarding governmental accounting procedures. • Professional accounting principles, practices and procedures. • Principles and practices of administration, including budgeting, personnel and fiscal practices. • State budgeting, accounting and reporting systems. • Data processing principles and accounting applications. • Modern supervisory practices and principles. • Grant administration and application. Ability to: • Plan, organize and oversee assigned work programs, including monitoring work schedules and evaluating the work of staff. • Plan and evaluate operations and develop and implement corrective action to resolve problems. • Analyze, interpret and prepare accounting reports and financial statements. • Establish and maintain effective working relationships with employees, Office managers, and the general public. • Communicate effectively, both orally and in writing. EDUCATION AND EXPERIENCE Any equivalent combination of education and experience, which provides the applicant with the knowledge, skills, and abilities,required to perform thejob. A typical way to obtain the knowledge and abilities would be: • Bachelor's degree in accounting; and - • Five years progressively responsible experience, including two years supervisory experience, in governmental accounting and the Washington State Budgetary Accounting Reporting System LICENSES, CERTIFICATES AND OTHER REQUIREMENTS Est. March 9n91 • A valid Washington State Driver's License. • Maintenance of current skills and additional training, asneeded. REQUIRED TRAINING FOR THIS POSITION Sexual Harassment & Discrimination —Annually Smart Risk Management— Once Slip, Trip and Fall—Annually Safe Lifting Practices —Annually FEMA IS 100 and 700—Once FEMA IS 907 Active Shooter—Annually REGULAR MONITORED DRIVER: _Yes _X_No Additional job specific trainings may be issued at a later date. Superior Court Judge Signature of Approval: Date: Human Resources Signature of Approval: Date: I have read and understand the above position description: Employee Name: Date: Employee Signature: Est. March 2021 Superior Court Administrator Name Robyn Lockwood Salary Range 35 Salary $ 59,729.33 L&I $ 153.50 FICA $ 3,046.20 State Retirement $ 5,164.60 Medical $ 12,514.00 WA PD FMLA $ 58.42 Total $ 80,666.04 8 Months of Savings g $ 80,666.04 Proposed New Chief Superior Court Superior Court Finance Positions Administrator Manager Salary Range 43 (Step 2) 29 (Step 2) Salary $ 69,091.04 $ 47,906.40 L&I $ 153.50 $ 153.50 FICA $ 3,523.64 $ 2,443.23 State Retirement $ 5,974.07 $ 4,142.31 Medical $ 12,514.00 $ 12,514.00 WA PD FMLA $ 67.57 $Total 46.85 $ 91,323.83 $ 67,206.29 $ 158,530.12 Proposed Increase of 1 FTE for8 months: $ 77,864.07 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Richard Dickinson, Deputy Director/ U&W Management Hearing DEPARTMENT: Public Works EXT: 652 COMMISSION MEETING DATE: March 30, 2021 Agenda Item # \0. BRIEFING DATE: February 8, 2021, August 24, 2020 and August 3, 2020 BRIEFING PRESENTED BY: Richard Dickinson [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Continued Hearing — Contract Award Solid Waste and Recycle Material Hauling Services BACKGROUND: On March 16, 2021 the Commissioners held a public hearing for the award of the Solid Waste and Recycle Materials Hauling services agreement to Mason County Garbage Company, Incorporated. At that time, Public Works recommended the Board continue the hearing to allow more time for legal review of the new service agreement. The agreement has been reviewed and signed by both parties and is attached. RECOMMENDED ACTION: Recommend the Board of County Commissioners award the Solid Waste and Recycle Materials Hauling services to Mason County Garbage Company, Incorporated. ATTACHMENTS: 1. Response to RFP- Mason County Garbage Co. 2. Service Agreement WASTE CONNECTIONS Connect with the Future- Table of Contents ExecutiveSummary.............................................................................................1 Introduction................................................................................................................................ 1 Solid Waste Handling Qualifications and Experience.......................................2 AboutWaste Connections.........................................................................................................2 GeneralOverview.........................................................................................................2 Growth.................................. .................................................................................3 Management Philosophy and Financial Resources.....................................................3 Safety.....................................................................................................................4 TheWC Team.......................................................................................................................5 RelevantExperience .................................................................................................................6 SchedulingAvailability...............................................................................................................6 Costs of Providing Services.......................................................................................................6 Compatibility with Existing Facilities..........................................................................................7 Outline of Intended Data Reporting Procedures.......................................................................7 Conclusion.................................................................................................................................7 References ................................................................................................................................8 Response to RFP for Hauling Contract—Mason County i WASTE CONNECTIONS Connect with the Future- Executive Summary Introduction Waste Connections (WC) is pleased to submit its response to the RFP from Mason County(County) for private contracting services to haul the County's Solid Waste Transfer Station boxes and the Blue Box Recycling Program. WC understands public-private partnership arrangements which have become a niche of the solid waste business that we target. With our experience we can insure the job will be done safely and be done right. We are currently engaged in similar public-private partnerships across the United States. Response to RFP for Hauling Contract—Mason County WASTE CONNECTIONS Connect with the Future• 1 . Solid Waste Handling Qualifications and Experience About Waste Connections General Overview Waste Connections (WC) is the third largest publicly traded solid waste services company in North America. WC is a publicly traded (NYSE and TSX symbol WCN) regional, integrated environmental services company that provides solid waste collection, transfer, disposal, and recycling services, as well as petroleum exploration and production (E&P) throughout the United States and Canada. For more information, see httr)://www.wasteconnections.com/. From its principal executive offices in Vaughan, Ontario, Canada, and it principal administrative offices in The Woodlands, Texas, WC serves residential, commercial, industrial, and exploration and production (E&P) customers in 38 U.S. states and five Canadian provinces. WC owns or operates a network of 271 solid waste collection operations; 133 transfer stations; seven intermodal facilities; 71 recycling operations; 94 active municipal solid waste ("MSW"), E&P, and/or non-MSW landfills; 23 E&P liquid waste injection wells; and 16 E&P waste treatment and oil recovery facilities illustrated in the map below. i . . e• y 1. G ie ,• •f '••i. CorpDrwteHQ ••� .w 7 ' S•• i �•' •••y o �. O O Fsgneel HQpffi .� �•. � �. CnO.ctnn y w T—f., ti� � Dispual I Lm1il1 ie ♦ ♦ Pe 5l hrg ••� • m m Inkrtnodnl ' 1 r•.• E&P Trerrfr E&P P—,..q,&Eupw.l Response to RFP for Hauling Contract—Mason County 2 Growth Since our founding in 1997 in Vancouver, Washington, WC has grown into the third largest solid waste and recycling services provider in North America through a series of acquisitions of private and publicly-traded waste companies; divestitures from other solid waste companies; privatization of governmental operations; and successfully bidding, securing, and maintaining a large number of municipal contracts. Management Philosophy and Financial Resources The WC corporate philosophy is based on the belief that the solid waste service business is a local business best managed by professionals living and working in the communities we serve. WC strives to provide service excellence for those communities that place their trust in our company and is always dedicated to putting our customers first. We look to technology and growth to help our customers, employees, and shareholders "Connect with the Future." Both corporate-wide and locally, we are committed to improving the environment for the future of the communities we live in and serve. We believe that our services play an integral part in improving the environment and are always mindful of having the most cost-effective waste management solutions for our customers. In addition, we are committed to the safety of our workers and have programs in place to continually upgrade our risk management and environmental policies. WC's ability to effectively and ethically operate has been driven by our emphasis on integrity since the inception of the Company. Integrity is imperative throughout the organization—not only in the financial and accounting arena, but also in compliance with laws governing our employees, anti-trust and competitive practices. It also applies to our environmental track record as we work with regulators in a large number of states. WC is committed to this value and continuously strives to have the systems in place to ensure the preservation of integrity. A strong internal and external audit program has been and will continue to be integral to the corporate philosophy. The WC Statement of Values, created by a team of corporate, region and district employees, guides our daily and long-term decisions. Statement of Values Honoring our commitments provides our stakeholders peace of mind and establishes us as the premier solid waste services company in the markets we serve. This creates a safe and rewarding environment for our employees while protecting the health and welfare of the communities we serve, thereby increasing the value for our shareholders. Operating Values Safety. We strive to assure complete safety of our employees, our customers, and the public in all of our operations. Protection from accident or injury is paramount in all we do. Integrity. We define integrity as "saying what you will do and then doing it." We keep our promises to our customers, our employees and our stockholders. Do the right thing, at the right time, for the right reason. Response to RFP for Hauling Contract—Mason County 3 Customer Service. We provide our customers the best possible service in a courteous, effective manner, showing respect for those we are fortunate to serve. A Great Place to Work. We maintain a growth culture where our employees can maximize their potential personally and professionally. Our objective is to provide an environment where people enjoy what they do and take pride in their work. We wish to embody a work hard, play harder culture. To Be the Premier Solid Waste Services Company in the U.S. and Canada. We continue to provide superior returns, remain environmentally responsible, and continue to grow in a disciplined way, deploying resources intelligently and benefiting communities we live in. Vision of the Future Our goal is to create an environment where self-directed, empowered employees strive to consistently fulfill our constituent commitments and seek to create positive impacts through interactions with customers, communities, and fellow employees, always relying on our Operating Values as the foundation for our existence. Safety WC's company culture is a major contributor to our success—and safety is a key component of that culture: it's our#1 Operating Value. At WC, we believe safety is not a department. Rather, safety is the responsibility of each and every employee; it is engrained in our culture 24/7. In fact, we have the best safety record in the solid waste industry. The safety of our employees, customers, and communities comes before anything else, period! It is WC's policy to conduct all operations in a safe and healthful manner. The safety and health of every employee is a fundamental consideration in every business decision, and all reasonable precautions will be taken to protect employees from injury and illness. We obsessively strive for zero incidents and to prevent the occurrence of all work-related injuries, illnesses, and property losses. It is our philosophy that, by tirelessly striving to eliminate unsafe conditions and actions, we will achieve this goal. All applicable safety regulations, codes, and accepted work practices will be trained upon and followed. Each employee will be informed of any hazards associated with his or her job and trained in safe work procedures, the use of personal protective equipment, and other means intended to provide required protection. Training is conducted upon hire of every new employee, prior to an employee being placed in a new position, prior to conducting different work from that to which they are accustomed, and monthly on required topics and as needed. WC's safety program includes accident and injury improvement, safety meetings, safety committee meetings, driver/operator management, reporting and safety assessments, route and work observations, spill response, regulatory training including lock-out/tag-out training, fire prevention training, medical and first aid training, heat and cold stress, accident prevention, defensive driving SMITH system training, PPE training, blood-borne pathogen training, etc. Response to RFP for Hauling Contract—Mason County 4 In addition, all prospective WC employees are subject to pre-employment, nine-panel drug testing, which includes screening for pain medications. Today, these drugs are widely abused and are not detected in the current U.S. Department of Transportation five-panel testing program. Throughout employment, all personnel in safety-sensitive positions are subject to Waste Connections' nine-panel random drug testing program. Additionally, U.S. Department of Transportation (DOT)-regulated employees are subject to the DOT's random drug testing program. The WC Team Vice President of Rainier Division - Matt O'Connell During the course of the contract, Matt O'Connell will offer support to District Manager, Tom Rupert, to satisfy expectations for services under the contract. Matt will offer his expertise as a resource and act as a sounding board for the District Manager to help ensure that the County's goals are met for solid waste and recycling operations. Background: Matt has worked in the solid waste industry since 1991, when he started as a yard boy at Vancouver Sanitary Service (now Waste Connections of Vancouver) in Washington. He progressed to driving all types of solid waste equipment and was promoted into management as a Route Supervisor for Waste Management of Oregon, Inc. in 1998. As Operations Manager at WC in Fife, Washington, Matt oversaw the successful rollout for the commingled recycling services in 2004, involving nearly 72,000 customers. He went on to become Site Manager and in January 2012— Division Vice President for all Alaska sites. Matt is happy to have moved back to his native Washington as the Division Vice President in charge of all WC's Northern Washington locations. As DVP, he serves as a link between the various districts, providing access to capital resources and managing contracts throughout Northern Washington. District Manager of Mason County Garbage Co. Inc. -Tom Rupert Tom will ensure that the team has the financial, staffing, and equipment resources needed to support the customers in the County. Tom will work directly with the Site Manager to ensure the District and County's goals for customer service, efficient and safe collection, and recycling goals are achieved. Background: Tom has 19 years of experience in solid waste contract management, including collection and disposal of garbage and collection, processing, and marketing of recyclables. Tom started in the industry in accounting with Allied Waste in the South King County Markets. He moved into operations as an Operations Supervisor in 2006 and was promoted to Operations Manager in 2007. In 2009 he became a Site Manager in Centralia overseeing the Lewis County Market and started to oversee the Grays Harbor Market in 2011. Tom is currently responsible for the administration of 17 city contracts in Grays, Mason, and Lewis Counties. Site Manager of Mason County Garbage Co. Inc.—Chad White Chad White will provide guidance for the entire team at Mason County Garbage. Chad will keep the District Manager, Tom Rupert, informed on the status of all hauling operations, drivers, safety issues, equipment needs and any other issues that need to be reported. He will manage safety and compliance programs, staffing, route planning, budgeting, and customer service. Additionally he will Response to RFP for Hauling Contract—Mason County 5 \\ 1, ( , ) 1 ( I I )\, provide coaching, general instruction, and safety instructions to insure the County's goals are met for the solid waste and recycling operations. Background: Chad has worked for Mason County Garbage since June 2003, when he was hired as a residential rear load driver. After about a year he moved into the commercial rear load route. After a little over four years in that route he moved into a residential automated recycle route. Chad operated this route for about two years and then took on the responsibility of Route Supervisor. He performed this role for about a year before he was promoted to Operations Supervisor which includes dispatching for all routes, managing routes and scheduling, working with office staff and maintenance staff, and being responsible for safety meetings and managing the Drive Cam program. Chad was promoted to Site Manager in August 2018. Relevant Experience Our team has a strong background in municipal solid waste and recycling services on similar contracts in Western Washington as outlined above. In addition, Mason County Garbage has provided the services requested in this RFP under contract for Mason County since 2002. Each Waste Connections site operates as part of a larger team. The Rainier Division, which Mason County Garbage is part of, is able to share resources in experience, knowledge and operational assistance to be able to provide the best service. Schedule Availability Mason County Garbage currently provides the transfer station box and recycle box hauling services to the County as described in this RFP. This includes regularly scheduled and on-call hauls. Any changes to the current haul schedule will be mutually agreed upon between the County and WC. Costs of Providing Services Price is per haul except the Weekend On-Call rate which is per hour. Hauls are round trip. Recycle Transfer Station Boxes Boxes Monthly Rent per Box $100.00 $150.00 Shelton Transfer Station $100.19 $48.50 Belfair Transfer Station $197.34 $244.55 Hoods port Transfer Station $127.47 $185.65 Union Transfer Station $108.39 $166.56 Weekend on Call Rate—Per Hour $165.00 $225.00 Commodity Values Should the actual monthly combined proceeds of the value of the commodities sold by the contractor exceed a positive value of over five hundred dollars, the proceeds in excess of five hundred dollars shall be paid by the Contractor to the County. Response to RFP for Hauling Contract—Mason County 6 Should the actual monthly combined proceeds of the value of the commodities collected and sold by the contractor fall below negative three thousand dollars the pricing above can be negotiated in good faith by both parties. Compatibility with Existing Facilities Mason County Garbage is currently performing the services outlined in this RFP. All of the equipment we use in carrying out these services is compatible with the County's facilities. Outline of Intended Data Reporting Procedures Working in conjunction with the county we would develop Excel formatted monthly and annual reports. These reports would be: • Monthly and Annual Reports for the monthly tonnage totals for each commodity hauled for each site including number of hauls per site. • Descriptions of how and where the material is being marketed for each commodity. • Monthly revenues or expenses paid for each of the commodities. Conclusion It has been our pleasure to provide this service to the county for the last 18 years and we appreciate the opportunity to respond to this RFP. Waste Connections' commitment to excellence will ensure that recyclable material is properly handled and drop stations will remain clean and presentable to the public. Mason County Garbage has proven to provide superior service and would love to continue our successful partnership with the County. Response to RFP for Hauling Contract—Mason County 7 WASTE CONNECTIONS Connect with the Future- References Mark Cox Grays Harbor County Director of Utilities and Community Development PO Box 511 Montesano, WA 98563 360-249-4222 Greg Gachowsky Lewis County Solid Waste Manager 1411 South Tower Ave Centralia, WA 98531 360-740-1451 Karen Weiss Financial and Asset Management Division Manager Interim Solid Waste Division Manager Thurston County Public Works 9605 Tilley Road S. Ste. C Olympia, WA 98512 360-701-5733 Response to RFP for Hauling Contract—Mason County 8 SERVICE AGREEMENT BETWEEN MASON COUNTY DEPARTMENT OF PUBLIC WORKS AND MASON COUNTY GARBAGE CO., INC. FOR SOLID WASTE DROP BOX HAULING AND REGIONAL RECYCLING DROP STATION PROGRAM INTRODUCTION This Agreement regarding servicing the SOLID WASTE DROP BOX HAULING AND RECYCLING DROP-OFF programs is entered into this day of 2021, between Mason County ("County"), a political subdivision of the State of Washington, and Mason County Garbage Co., Inc. ("Contractor"), doing business in the State of Washington. AUTHORITY TO MAKE CONTRACT This Agreement is in furtherance of the County's authority to provide for public health, safety and welfare, and is consistent with the Washington State Constitution Article XI, Section 11, and Chapter 70.95 RCW and establish a solid waste handling and recycling program for Mason County. PROCESS The County undertook a process in accordance with Chapter 36.58.090 RCW to select a firm to service the solid waste drop box and recycling drop stations in Mason County. The County determined that this process is the most advantageous for the County in awarding this Agreement;that the Contractor is qualified to provide the services sought by the County; and that the Contractor has offered to provide those services in a manner and at rates that the County finds to be in the best interests of the ratepayer living within the County and using the services, and in a manner that the County finds to be financially sound and advantageous compared to other methods. It is the intent of this Agreement to provide a five-year term relationship between the County and Contractor for: collection,transportation and marketing of recyclable material through the regional recycling drop station program and collection and transportation of 40 CY containers to and from the public drop box stations at Belfair, Hoodsport, and Union, to the Solid Waste Transfer Station at Shelton. The Contractor is required to keep a minimum of two 40 Cubic Yard (CY) containers at Hoodsport and Union, and a minimum of three 40 CY containers at Belfair. COSTS Costs are the prices set out by the Contractor in the submitted proposal and later negotiated as allowed in the Chapter 36.58.090 RCW and accepted by the County. Said costs will go into effect on 2021.The cost of service shall be computed on a monthly basis according to the service provided and costs established by this Agreement. DESIGNATED AGREEMENT ADMINISTRATION If at any time the Contractor is required to have County approval, that approval shall come from the Deputy Director of Utilities/Waste Management.The Deputy Director or the Project Manager will work closely with the Contractor to confirm any approval(s) required by this Agreement. RESPONSE TO THE RFP The response of the Contractor to the RFP was submitted to the County on December 315t, 2020. Page 1 of 12 SERVICE AGREEMENT The Service Agreement includes this Agreement, and 1. The Request for Proposals; 2. The response to the Request for Proposals; 3. Any and all addendums to the Agreement; and 4. Any and all appendices, amendments, extensions to or extensions of the foregoing documents which the parties have agreed to in the manner prescribed by this Agreement. In the event of conflict(s) among service Agreement documents,then information from the latest documents (as determined by the date issued) shall supersede any earlier conflicting information. SCOPE OF WORK The Agreement calls for performance of work for a period of(5)five years beginning on 2021, and ending on _, 2026. The Agreement may be renegotiated, at the County's discretion,for an additional period of time. Subsequent Agreements will not be for less than one-year increments. The Contractor must provide sufficient personnel, equipment, supplies and maintenance to perform all operations and all incidental work in accordance with these Agreement documents and all applicable laws and regulations pertaining hereto. A. Recycling The Contractor will supply the necessary containers, replace full recycle containers, on a regular pickup schedule mutually agreed upon and approved by the County, with empty containers to allow for continuous operation of the drop stations. It is their responsibility to market all materials and provide monthly reports that detail quantities of each recyclable commodity,values of each commodity sold and the final destination of each recyclable commodity. B. Drop Box Hauling The Contractor will supply the necessary containers, replace full containers, on a regular pickup schedule mutually agreed upon and approved by the County, with empty containers to allow for continuous operation of the drop stations.The 40 CY containers, provided by the Contractor at each drop box station, must be hauled over public highways, when full, to the Mason County Solid Waste Facility. The applicable drop box stations are located as follows: 1. Mason County Solid Waste Facility, Shelton 2. Belfair Drop Box Station 3. Hoodsport Drop Box Station 4. Union Drop Box Station The materials to be collected, hauled and disposed by the Contractor pursuant to this Agreement consist of non-hazardous municipal solid waste; provided, however, that the term "non-hazardous municipal solid waste" specifically excludes any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state or local laws or regulations ("Excluded Waste"). Title to and liability for any Excluded Waste shall never transfer to the Contractor. The Contractor has the right to refuse,any load(s) of waste(s)that Contractor reasonably believes contains Excluded Waste. The Contractor shall have the right to inspect all containers in order to determine whether the waste is Excluded Waste. Title to any Excluded Waste placed in drop boxes at the drop box stations shall remain with the generator of such Excluded Waste to the extent such Page 2 of 12 generator can be identified. The County shall be responsible for, and bear all reasonable expenses and damages incurred by the Contractor as a result of Excluded Waste and in the reloading and removal of Excluded Waste disposed in the drop boxes at the drop box stations. The Contractor, may also, in its sole discretion, require the County to promptly remove the Excluded Waste. RECORD KEEPING The Contractor shall at all times maintain an accounting system that uses generally accepted accounting principles for all services rendered in connection with this Agreement. The Contractor accounts and records covering these charges and all invoices and payments on account of this Agreement shall be open to inspection for any reasonable purpose by the County,their authorized representative and officers or employees at all times during the term of this Agreement and for six months thereafter. The County shall have the right to inspect and copy all documents,to interview any persons,and to review any evidence in the Contractor's possession or control, which may assist the County in determining what amounts are owed to the Contractor or County. COMPLIANCE WITH REGULATIONS The Contractor shall comply with all Federal, State and Local regulations, including Mason County's Solid Waste Handling and Facilities Regulations. All activities will be conducted in accordance with applicable codes and their intent to prevent illegal handling and disposal practices. PERMIT COMPLIANCE AND INDEMNIFICATION The Contractor will be required to perform all operations in complete compliance with all permits issued by the regulatory agencies. Any penalties levied by regulatory agencies for permit non-compliance due to actions of the Contractor will be paid by the Contractor at no cost to the County, or may be withheld from payment to the Contractor.The Contractor expressly agrees to indemnify and hold the County harmless for any penalties, interest and/or fees assessed or levied against it or the County due to non- compliance with any permits issued by a regulatory agency of the Federal, State,or County Government in connection with the services to be provided by the Contractor pursuant to this Agreement. SEVERABILITY If any term or provision of this Agreement, or the application thereof,to any person or circumstances, shall to any extent be invalid or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent allowed by law. Further,the parties shall negotiate in good faith regarding amendments to this Agreement that would, to the maximum extent possible, effectuate the intent of any provision determined to be invalid or unenforceable. MOBILIZATION The Contractor shall be responsible for mobilization of all personnel and equipment. NO THIRD-PARTY BENEFICIARY The rights and obligations created by this Agreement are for the sole benefit of the parties, and neither person nor party shall be a beneficiary, intended or otherwise, of any such rights or be entitled to enforce any of the obligations created by this Agreement. Page 3 of 12 ADDITIONAL WORK The County may from time to time, request the Contractor to provide improvements or do additional work beyond the scope of this Agreement. Upon request by the County, the Contractor agrees to good faith consideration to negotiate accomplishment of the work desired by the County. If the Contractor agrees to negotiate,the parties shall determine the work to be done and the compensation to be paid. The County shall not be precluded from awarding Contracts to any person other than the Contractor for the accomplishment of any desired improvements if the County in its sole discretion deems such Contracts most beneficial to the County. In such case,the Contractor will cooperate and coordinate with any other Contractor or the County in allowing and facilitating installation of said improvements. WORK TO BE PERFORMED BY THE COUNTY OR OTHER CONTRACTORS During the period of this Agreement,the County(either with its own forces or under separate Contract) will require the cooperation of the Contractors in scheduling and coordination to avoid conflicts. The Contractor shall be responsible for becoming familiar with the various schedules and degree of disruption that may arise. The Contractor shall cooperate with the County in the coordination of operation in a manner that will provide the least amount of interference with the County's operation. JURISDICTION AND VENUE Any action of law or suit in equity or judicial proceeding arising out of this Agreement shall be instituted and maintained only in the courts of competent jurisdiction in Mason County, in the State of Washington. TECHNICAL REQUIREMENTS This section specifies minimum requirements for the operation of the solid waste drop box stations and recycling drop station programs. The requirements established herein are the minimum prescribed requirements and are not intended in any way to be inclusive or in any way to limit the Contractor to specific procedures or methods, but rather are intended to ensure the expected quality of drop box and recycling drop station operation and maintenance. Contractor personnel shall be trained as required for specific tasks or functions in accordance with the specific responsibilities set forth in the Agreement for the various elements of this program. During periods of sickness and vacation, additional personnel must be available for the continued and uninterrupted operation of this collection program in the usual manner. SERVICE SCHEDULE The Contractor shall replace containers at the Facility and Stations with empty containers in accordance with the agreed upon schedule.The Contractor shall provide on-call provisions for containers which fill and need emptying in addition to the anticipated schedule. If a container becomes full unexpectedly or between regularly scheduled pick-ups, the Contractor will have provided a contact name and phone number to the County for requesting on-call services. On-call requests will require 2-3 hour turn-around time when requests are prior to 2:00 PM on the same day as the request. Requests made after 2:00 PM will be taken care of no later than 10:00 AM the following morning. A penalty fee of$100.00 per day, per container may be assessed for every day a full container remains at the site after a request has been made. Page 4 of 12 EQUIPMENT MAINTENANCE The Contractor is responsible to maintain the containers and their signs in good condition and proper working order. Damage resulting from Contractor handling will be the responsibility of the Contractor to repair or replace at the Contractors expense. The Contractor shall maintain signage of the boxes which identifies them as recycling containers and what materials is to be deposited in each container.The County will supply all signage and decals. LITTER CONTROL It is the responsibility of the Contractor to provide litter control at each drop station when they are picking up materials at each site. Litter control shall include: pickup of container area,sweeping of area to remove broken glass and other small debris, removal of trash and material deposited on the ground outside the containers. Mason County staff will maintain the Drop Box Station areas between pickups. IT IS EXPECTED THAT DROP STATIONS WILL BE KEPT CLEAN AND LITTER FREE AT ALL TIMES. If pickup is at an unmanned drop station it is the responsibility of the Contractor to provide litter pickup and control at each station.The Contractor shall provide a contact name and phone number to the County, for site personnel to report and request litter pickup. Response to requests for litter control shall be made within four hours of notification for cleanup. EXCLUDED WASTE Means and includes Hazardous Materials, MSW, dirt or earth debris from construction or lawn renovation, rocks, stones, automobile bodies and parts, dead animals or animal carcasses, stable matter, and wastewater(sewage).The County does not require the Contractor to collect or transport Excluded Waste; provided, however,the County is not responsible for determining when customers have left Excluded Waste for collection or transportation. HAZARDOUS MATERIALS Means any material which: (a) is required to be accompanied by a written manifest or shipping document describing the material as "hazardous waste" or"dangerous waste", pursuant to the generator's state, Washington or federal law, including, but not limited to,the Resource Conservation and Recovery Act,40 CFR, Part 260-272, et seq. as amended, and all regulations promulgated thereunder and any such state equivalent or similar law; (b) contains polychlorinated biphenyl or any other substance the storage,treatment or disposal of which is subject to regulation under the Toxic Substances Control Act, 40 CFR, Part 761, et seq. as amended, and all regulations promulgated thereunder and any such state equivalent or similar law; (c) contains a radioactive material the storage or disposal of which is subject to state or federal regulation; or (d) is designated under the generator's state,Washington or federal law or regulation as a "dangerous waste", "toxic waste", "hazardous waste", "extremely hazardous waste" or"acutely hazardous waste". Page 5 of 12 DATA COLLECTION The Contractor will provide the Department of Utilities/Waste Management with monthly and annual reports which will include monthly totals in tons / pounds for each commodity collected per site and number of monthly pickups per site/commodity. All reports must be submitted in Excel format. The Contractor will provide the Department of Utilities/Waste Management with a description of how and where the material is being marketed for each material collected in the program.The Contractor shall notify the department when changes occur. ACCIDENT REPORTS The Contractor shall promptly report in writing to the Deputy Director of Utilities/Waste Management, or their designee, all accidents whatsoever arising out of, or in connection with the performance of the work whether on,or adjacent to, the sites;giving full details and statements of witnesses. In addition, should death, serious injuries, or serious damage occur,the accident shall be reported by the Contractor immediately by telephone or messenger to the Deputy Director of Utilities/Waste Management or their designee. INDEMNITY 1.To the fullest extent permitted by law,the Contractor agrees to indemnify, defend and hold the County and its departments, elected and appointed officials, employees, agents and volunteers, harmless 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 the Contractor, its employees, agents or volunteers or Contractor's subcontractors and their employees, agents 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 the Contractor's or its subcontractors' use of, presence upon or proximity to the property of the County. This indemnification obligation of the Contractor shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of the County.This indemnification obligation of the Contractor 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 the Contractor hereby expressly waives any immunity afforded by such acts.The foregoing indemnification obligations of the Contractor are a material inducement to County to enter into this Agreement, are reflected in the Contractor's compensation, and have been mutually negotiated by the parties. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Contractor and the County, its members, officers, employees, and agents,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. 2. Participation by County—No Waiver.The County 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 Provider's indemnity obligations under this Agreement. Page 6 of 12 3. Survival of Provider's Indemnity Obligations.The Provider agrees all Provider's indemnity obligations shall survive the completion, expiration or termination of this Agreement. 4. Indemnity by Subcontractors. In the event the Provider enters into subcontracts to the extent allowed under this Agreement, the Provider's subcontractors shall indemnify the County on a basis equal to or exceeding Provider's indemnity obligations to the County. INSURANCE At a minimum, the Contractor shall provide insurance that meets or exceeds the requirements detailed in "Exhibit A Insurance Requirements." CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of the County by the Deputy Director of Utilities/Waste Management or the designee. All communications to the Contractor by the Deputy Director shall be recognized as made on behalf of the County. All issues concerning Agreement provisions and requirements shall be directed to the Deputy Director. The following addresses shall be used for communication between parties: MASON COUNTY PUBLIC WORKS MASON COUNTY GARBAGE CO., INC. Richard L Dickinson Tom Rupert Deputy Director Utilities/Waste Management PO Box 787 100 W Public Works Drive 81 E Wilbur's Way Shelton, WA 98584 Shelton, WA 98584 PROGRESS MEETINGS Periodically, progress meeting will be held between the parties.The meetings will be used to review and discuss activities and/or complaints accumulated during the previous hauling period. It is the responsibility of the Contractor to prepare for and respond to matters brought to their attention prior to each meeting. The Contractor will also be required to present a brief report summarizing the program activity since the previous meeting. CONFLICT OF INTEREST If at any time prior to commencement of, or during the term of this Agreement,Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify County of the same. The notification of County shall be made with sufficient specificity to enable County to make an informed judgment as to whether or not County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, County may require Contractor to take reasonable steps to remove the conflict of interest. County may also terminate this Agreement according to the provisions herein for termination. TERMINATION Either party hereto may with or without cause terminate this Agreement by giving written notice of their intention to terminate to the other party by certified mail and return receipt requested. Such termination shall, thereafter, be effective six months following the date of written notice, during which period of time the terms and conditions of the Agreement shall remain in full force and effect. The County may terminate with cause if the Contractor does not comply with the terms of this Agreement. Such termination would occur after written notice to the Contractor and their failure to Page 7 of 12 correct deficiencies within 30 days of the notice. Upon termination, the Contractor shall leave all premises in the same condition they were in at the time of implementation of this Agreement. HOURS OF OPERATION Shelton Monday through Saturday 7:00 AM to 4:45 PM Belfair Tuesday through Saturday 8:30 AM to 4:00 PM Hoodsport Friday and Saturday 8:00 AM to 4:30 PM Union Sunday and Monday 8:00 AM to 4:30 PM Except that these sites will be closed on all Mason County government recognized holidays. PERFORMANCE BOND The Contractor shall provide Mason County with a $10,000 Performance Bond or letter of credit from a bank or other approved financial institution. Said bond or letter of credit shall be furnished to Mason County on or before the effective date of this Agreement. COSTS ASSOCIATED WITH THIS AGREEMENT Mason County will be assessed the amounts shown below for boxes collected from each applicable site. Annual price increases will be calculated at 90%of the June to June Consumer Price Index-U (CPI-U),for all Urban Consumers as calculated by the US Department of Labor for the Olympia, WA area. Recycle Boxes Transfer Station Boxes Monthly Rent per Box $100.00 $150.00 Shelton Transfer Station $100.19 $48.50 Belfair Transfer Station $197.34 $244.55 Hoodsport Transfer Station $127.47 $185.65 Union Transfer Station $108.39 $166.56 Weekend on Call Rate- per Hour $165.00 $225.00 A. COMMODITY VALUES Should the actual combined proceeds of the value of the commodities sold by the contractor exceed a positive value over five hundred dollars($500.00),the proceeds in excess of five hundred dollars ($500.00)shall be paid by the contractor to the county. Should the actual combined proceeds of the value of the commodities collected and sold by the contractor fall below negative three thousand dollars ($3,000.00)the pricing above can be negotiated in good faith by both parties. METHOD OF PAYMENT Mason County will pay the Contractor on a monthly basis for all work performed, providing the Contractor submits to Mason County a statement,which indicates services provided and costs of said services, by the 10"of each month. Payment will be made to Contractor within thirty (30) days of the receipt of a complete and accurate statement. Page 8 of 12 Signed this day of 2021. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS: MASON COUNTY GARBAGE CO., INC. MASON COUNTY, WASHINGTON Signature Randy Neatherlin, Chair Printed Name APPROVE AS TO FORM: Tim Whitehead, Ch. D.P.A. Page 9 of 12 EXHIBIT A INSURANCE REQUIREMENTS For the duration of this Agreement the Contractor shall maintain in effect all insurance as required herein and comply with all limits,terms and conditions stated therein. Work under this Agreement shall not commence until evidence of all required insurance and bonding is provided to the County. Evidence of such insurance shall consist of a completed copy of the Certificate of Insurance signed by the insurance agent for the Contractor and returned to the Mason County Deputy Director of Utilities/Waste Management. If for any reason, any material change in the coverage occurs during the course of this Agreement; such change will not become effective until 45 days after Mason County receives written notice of such change. The policy shall be endorsed and the certificate shall reflect that Mason County is an additional insured on the Contractor's general liability policy with respect to activities under this Agreement. The policy shall provide and the certificate reflect that the insurance afforded applies separately to each insured against whom a claim is made or suit is brought except with respect to limits of the company's liability. It is the responsibility of the Contractor to provide fire insurance for any equipment used by the Contractor. This fire insurance shall cover the entire replacement value of the equipment insured. A. MINIMUM Insurance Requirements: 1. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than three million dollars($3,000,000) per occurrence for all covered losses and no less than five million dollars($5,000,000)general aggregate,for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 2. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for the Contractors, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. 3. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than five million dollars ($5,000,000) per accident, combined single limit. If Contractor owns no vehicles,this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or the Contractor's employees will use personal autos in any way on this project, Contractor shall obtain evidence of personal auto liability coverage for each such person. 4. Contractor's Pollution Liability Insurance shall be written with limits not less than five million dollars ($5,000,000) combined single limit per occurrence for bodily injury, personal injury, property damage, cleanup costs and legal defense expenses. 5. Umbrella or excess liability policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be "pay on behalf', with defense costs payable in addition to policy limits.There shall be no cross liability exclusion of claims or suits by one insured against another. Page 10 of 12 B. Certificate of Insurance: A Certificate of Insurance naming County as the Certificate Holder must be provided to County within five (5) days of Contract execution. C. Basic Stipulations: 1. Contractor agrees to endorse third party liability coverage required herein to include as additional insureds County, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. Contractor also agrees to require all Contractors, subcontractors, and anyone else involved in this Contractor on behalf of the Contractor(hereinafter"indemnifying parties") to comply with these provisions. 2. Contractor agrees to waive rights of recovery against County regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. 3. All insurance coverage maintained or procured by Contractor or required of others by Contractor pursuant to this Contract shall be endorsed to delete the subrogation condition as to County,or must specifically allow the named insured to waive subrogation prior to a loss. 4. All coverage types and limits required are subject to approval, modification and additional requirements by County. Contractor shall not make any reductions in scope or limits of coverage that may affect County's protection without County's prior written consent. 5. Contractor agrees to provide evidence of the insurance required herein, satisfactory to County, consisting of: a) certificate(s) of insurance evidencing all of the coverages required and, b) an additional insured endorsement to Contractor's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004.Contractor agrees, upon request by County to provide complete, certified copies of any policies required within 10 days of such request.County has the right, but not the duty,to obtain any insurance it deems necessary to protect its interests.Any premium so paid by County shall be charged to and promptly paid by Contractor or deducted from sums due Contractor.Any actual or alleged failure on the part of County or any other additional insured under these requirements to obtain proof of insurance required under this Contract in no way waives any right or remedy of County or any additional insured, in this or in any other regard. 6. It is acknowledged by the parties of this Contract that all insurance coverage required to be provided by Contractor or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to County. 7. Contractor agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to County. If Contractor's existing coverage includes a self-insured retention, the self- insured retention must be declared to the County.The County may review options with Contractor, which may include reduction or elimination of the self-insured retention,substitution of other coverage, or other solutions. 8. Contractor will renew the required coverage annually as long as County,or its employees or agents face an exposure from operations of any type pursuant to this Contract.This obligation applies whether or not the Contract is canceled or terminated for any reason.Termination of this obligation is not effective until County executes a written statement to that effect. Page 11 of 12 9.The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by Contractor or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this Contract. 10. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to County and approved of in writing. 11.The requirements in this Exhibit supersede all other sections and provisions of this Contract to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 12. Unless otherwise approved by County, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. 13. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Contract limits the application of such insurance coverage. 14. Contractor agrees require insurers,to provide notice to County prior to cancellation of such liability coverage in accordance with the notice provisions of the applicable policies. Contractor shall assure that this provision also applies to any subcontractors,joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide notice to County of any cancellation of coverage in accordance with the notice provisions of the applicable policies. 15. County reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving the Contractor ninety(90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor,the County and Contractor may renegotiate Contractor's compensation. 16. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. 17. Contractor agrees to provide immediate notice to County of any claim or loss against Contractor arising out of the work performed under this agreement. County assumes no obligation or liability by such notice, but has the right (but not the duty)to monitor the handling of any such claim or claims if they are likely to involve County. Page 12 of 12