The URL can be used to link to this page

Home My WebLink About2021/08/23 - Briefing Packet MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF August 23, 2021 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. co .A 1854 To be in compliance with Proclamation by the Governor 20-25.14 and Order of the Secretary of Health 20-03.3, in-person attendance is restricted. Our Commission meetings are live streamed at http://masonwebtv.com/ and we will accept public comment via email dlz(a)co.mason.wa.us; or mail to Commissioners Office, 411 North 5th Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to listen to the Commission meeting via your telephone, please provide your telephone number to the Commissioners'office no later than 4 p.m. the Friday before the meeting. BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of August 23, 2021 Monday Noon WA State Association of Counties Zoom Meeting* Virtual Assembly Monday and Thursday 8:00 A.M. Area Command Meeting* Public Works Meeting Room A 100 Public Works Way *This is being noticed as a Special Commission Meeting because a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020 - Special Meetings Monday, August 23, 2021 Commission Chambers Times are subject to change, depending on the amount of business presented 9:00 A.M. Great Peninsula Conservancy— Nate Daniel 9:30 A.M. Support Services — Frank Pinter 10:00 A.M. Community Services — Dave Windom 10:30 A.M. BREAK 10:35 A.M. Public Works — Loretta Swanson Utilities & Waste Management 10:50 A.M. Executive Session — RCW 42.30.110 (1)(b) (c)- Real Estate 11:05 A.M. Closed Session — RCW 42.30.140(4) Labor Discussion Commissioner Discussion — as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 08/19/21 at 9:20 AM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. Mason County Support Services Department Budget Management 0,°x °p�� th Commissioner Administration a° rf 411 North 5 Street Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Y Labor Relations lx.0 Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES August 23, 2021 • Specific Items for Review o REET 2 project for Parks— Ross 0 2021 Field Rental Rates for Soccer— Ross 0 2022 contract with Masonwebtv.com for streaming services— Diane o MOU with Housing Authority- Diane o Update on County Administrator search — Frank o Review of ARPA projects— Frank o MOU with Correction Deputy Union for sign-on bonus— Frank o Community Development Block Grant (CDBG) Program — Frank 0 2022 Budget Process/Timeline -Jenn • Commissioner Discussion J:\DLZ\Briefing Items\202 I\2021-08-23.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Parks &Trails EXT: 806 BRIEFING DATE: August 23, 2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other — please explain ITEM: Draft REET 2 Projects for 2021 /2022 EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The REET 2 Draft project list for 2021 / 2022 had been developed and is being brought to the BOCC for approval. Most of the 2021 proposed REET 2 Parks &Trails projects are listed in the Mason County Parks and Trails Comprehensive Plan 2018. Draft 2021 projects are as follows: 1. For 2021 we have prioritized the renovation and remodeling of restrooms which will comply with ADA too. The following parks will have their restrooms renovated: MCRA, Foothills Park, Mason Lake, Union Park, and Walker Park. 2. For safety and extending the use of play toys at several parks, we would like to replace and add wood chips for safety to the play toy areas in the following parks: MCRA, Foothills Park, Union Park, Truman Glick Park, and Walker Park. 3. Latimer's Landing boat dock needs repairs on the farthest float which is cantering due to current and use. A private contract has been contacted to supply a quote for the repairs. The dock is also in need of new boat tie up cleats, the old ones have snap off repeatedly due to the force put on them. The new cleats will be made out of rod iron for durability by our Park Staff. 4. After the North Mason Soccer club uses Sandhill Park fields #4, #5, #6 and #7 for practice and games for the 2021 season the Parks Staff will need to re-seed the fields in order for them to be ready for the March 2022 baseball season to begin. 5. Fund an additional FTE staff member from September 1 to December 31, 2021 to assist with these REET 2 projects. This would give the Park &Trails staff a 4th member to work along with regular staff on REET projects. Briefing Summary 8/18/2021 I will bring the approved 2021 /2022 draft project list back to the contractor to have them added into the Park &Trails Comprehensive Plan update. Additional recommendations from the BOCC, Parks Advisory board and citizens for the update will be solicited for the plan update. As project are completed in 2021, I will provide a list to the contractor to keep the plan most current. It should be noted that the 2021 / 2022 draft Parks &Trails REET 2 project list is a fluid document that can be adjusted for 2022 projects and be put into the new Park &Trails Comprehensive Plan that is being developed. BUDGET IMPACT: If all the 2021 draft projects are approved the materials cost would be @$257,782. The labor hours for these projects would be @1212 hours. An additional FTE for 4 months (173.34 per month) would be @ 693 hours ($21,155), which would come out of the total labor hours charged to REET 2. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) This list of REET 2 Parks &Trails projects form comprehensive plan were sent to the Parks & Trails Advisory Board in 2020 for their input and were added into our 2021 and 2022 project lists. RECOMMENDED OR REQUESTED ACTION: Approval of the draft Parks &Trails 2021 / 2022 REET 2 project list and approval to hire an additional FTE for the last 4 months of 2021 out of the REET 2 budgeted funding. ATTACHMENTS: Draft Parks &Trails REET 2 Projects 2021 /2022 Project List from 2018 Mason County Parks and Trails Comprehensive Plan 2018 Briefing Summary 8/18/2021 Parks & Trails REET 2 Projects List for 2021/2022 08/18/2021 A. Priority for 2021 A&^ Capital Approx. Approx. Preserve Project Capital BOCC Improvement Material Labor Hours Prevent Number Asset Dist YEAR Projects: REET 2 Amount Extend Description of Project Project MCRA 2021 $30,000 (@200) Extend P1762 Renovate/ADA update restrooms Yes 3 2021 $54,000 Preservq,6, P1757 Replace old tractor/loader/back hoe Yes 3 6E1765 Trailer w/water and pressure was Yes 3 2022 @$50K Preserve P Field Groomer Yes 3+ 1 2022 @$10K Preserve P Turf Aervators Yes 3 20. Wood chips for playground toysjl No 3 2022 $10,000 (@80) Exte P1760 to for MCRA shop storage No 3 Sandhill Park 2022 $2,500 (@40) Extend Ir n overhaul Field #3 * No 1 2022 $1,000 (@80) Prevent P.. Erosio ntrols (plants) Field#3 * No 1 2022 $10,000 (@80) Prevent Field#7—3,d base dugout * No 1 No 1 2022 $10,00 (@2 Extend P Renovate the dugouts for field #3 No 1 P ogon'RWsignA No 1 Foothills Park 2021 (@200) Extend P1766 Reno." a bathrooms * Yes 2 2022 (@40) Extend P Add amenities bench & picnic table* No 2 2021 (@10) Prevent P1758 No 2 Latimers Landing 2021 (@40) Extend P 1757'" ePTOWR float, °rep No 1 Mason Lake 2021 (@200) Extend P1767 Renovate/ADA update r Yes 1 2022 (@80) Extend P1756 ck Re No 1 Union Park 2022 rs� (@24) Extend P1750 Shelter pad leveling * No 2 2021 (@200) Extend P1768 Renovate/ADA update b Yes 2 2021 (@10) Prevent P1758 Wood chips for playground toys.. No 2 Truman Glick Park 2022 $1,000 (@50) Preserve P Repair brick combo BBQ pit&fire pit * No 2 nt No 2 2022 $200 (@40) Extend P Renovate the horse shoe pits * No 2 2022 $3000 (@40) Extend P Add concrete basketball court&goal No 2 Walker Park 2021 r (@200) Extend P1769 Renovate/ADA update bathrooms Yes 3 2021 (@10) Prevent P1758 Wood chips for playground toys. No 3 Sunset Bluff (@100) Preserve P Replace entrance gate and turnaround* No 3 Phillips Lake Park 2022 $2,000 (@40) Extend P enit s bench & picn table* No 1 Oakland Bay 2022 $20,000 (@60) Ext P1763 avel the entrance roadway* No 3 No 3 Menards Landing 2022 $2,000 (@40) Extend I P Add amen s bench & picnic table* No 1 Jacoby Park 2021 (@6) Prev No 3 a * In Parks&Trails Comp Plan 2018 STAFF Budget ASK: 2021 Labor Hours/ Additional FTE staff $31.50 member for Sept—Dec 2021 at$30.51 hour (S& B included) 2022 Labor Hours/ $77,543 FTE staff member for $31.50 Benefits year of 2022 Budgeted for 2022 Mason County Parks &Trails Comprehensive Plan 2018 Park Name Planned Cost Completed / Im rovements Pending Jiggs Lake Park 1. Expanded Parking 2. Secondary Parking 3. Trails 4. Improved Entry Road 5. Vault Toilet 6. Picnic Shelter 5. Yes 7. Picnic Areas 8. Improved Lake Access 9. Si na e Jacoby/Shorecrest 1.Renovated Boat Park Launch 2.New Gangway, Dock and Pier 3. Added Parking 4. Play Area 5. Picnic Shelter 6. Restroom or Portable Toilet 7. Picnic Tables Menards Landing 1. Vault Toilet(near trailhead) 2. Improved Water Access Ramp 3. Trailhead on New Property Access and Street 4. Low Impact Asphalt Surfacing in Park Oakland Bay Historical 1. Phase I Park Development: • Remodeled Exterior of Home • Bird Watching Platform • Environmental Education Area/Shelter • Interpretative Information Areas • Path to View Point/Platform Phillips Lake Park 1. Picnic Tables Pads (3) 2. Picnic Tables 3. Park Benches (3) 4. Signage 5. Tree Thinning 1 Sunset Bluff Park 1. Complete Park Master Plan 2. Access Path and Trail to Beach 3. Information Signage Watson Wildwood 1. Access Road and View Park Parking 2. Vault Toilet 3. Trails 4. Signage 5. Viewpoint 6. Picnic Area Foothills Park 1. Replace park entry 1. $1,000 1. Yes sign 2. Renovate & 2. $67,500 delineate parking area 3. Lawn renovation 3. $11,250 4. Nature Trail Signage 4. $3,750 5. Shelter/Stage 5. $90,000 5. Yes Structure 6. Pathway from 6. $2,400 Shelter to bathrooms 7. Renovate/expand 7. $90,000 7. 2021 Restrooms 8. Irrigation system 8. $87,750 9. Picnic tables 9. $18,000 10. Nature Trails 10. $84,000 Development Latimer's Landing 1. Replace Park sign 1. $1,000 1.Yes 2. Information Kiosk 2. $15,000 3. Portable toilet 3. $18,000 3.Yes enclosure 4. $750 4. Strip parking lot 4.Yes 5. Beach access 5. $75,000 MCRA 1. Refill playground 1. $2,700 1. 2021 engineered wood fiber 2. Paint dugouts 2. $21,000 2. Yes 3. Re-side & Paint 3. $5,250 3. Yes pump house 4. Renovate damaged 4. $22,500 field turf 5. Permanently attach 5. $7,500 park furniture 6. Renovate/replace 6. $12,000 6. Yes water fountain 7. $450,000 7. Yes 2 7. Irrigation system - outfields 8. Irrigation system - 8. $67,500 8. Yes park core 9. Renovate parking lot 9. $75,000 9. Yes 10. Renovate field 10. $15,000 fence fabric 11. Replace dugout 11. $31,500 trim board &add flashing 12. Replace field 12. $5,250 numbering 13. Renovate/expand 13. $180,000 13. 2021 restroom 14. Renovate batting 14. $75,000 14. 2021 cages 15. Pave hardscape 15. $60,000 15.Yes adjacent to ballfields 16. Install curb around 16. $11,250 playground 17. Install synthetic 17. $0 turf rings for practice areas 18. Convert infields to 18. $600,000 18. Partial synthetic turf/ renovations 19. Replace park entry 19. $1,000 19.Yes sign 20. New Kiosk 20. $1,650 21. Wayfinding signage 21. $3,000 22. Canopy over 22. $0 bleachers 23. Lighting (Fields 2 & 23. $400,000 3) 24. Fence adjacent to 24. $1,350 pumphouse 25. Spray Park 25. $600,000 26. Picnic shelter 26. $75,000 27. Perimeter Trail 27. $60,000 Development Mason Lake Park 1. Log removal 1. $7,500 2. Replace Park Entry 2. $2,000 2.Yes Sign 3. Renovate 3. $105,000 3. 2021 Restrooms 4. Replace 4. $12,000 Information kiosk 3 Sandhill Park 1. Replace stairs (Field 1. $12,000 1.Yes 1) 2. Replace Backstop 2. $105,000 2. Yes (Fields 1 &2) 3. Renovate Infield 1 3. $52,500 3. Yes 4. Renovate Outfield 4. $157,500 4. Yes 1-3 5. Renovate stand & 5. $22,500 bleachers 6. Replace perimeter 6. $11,250 fencing 7. Replace Park entry 7. $1,000 7.Yes sing 8. Improve drainage 8. $157,500 Field 1-3 9. Repair tunnel 9. $75,000 9.Partial access 10. Dugout level to 10. $7,200 fields 11. Synthetic 11. $1,602,110 Football/Soccer Field with lighting 12. Nature Trail 12. $6,000 development Truman Glick Park 1. Renovate horse 1. $30,000 shoe pits 2. Replace Park entry 2. $1,000 2. Yes sign 3. Refill playground 3. $2,700 3. 2021 chips 4. Level shelter pad 4. $15,000 5. Repaint entrance 5. $1,800 gate 6. New picnic tables 6. $15,000 7. Prominent 7. $12,000 memorial marker 8. Interpretive Trails 8. $75,000 and signage Union Boat Ramp 1. Renovate boat 1. $180,000 launch 2. Pave access drive 2. $75,000 3. Replace park entry 3. $1,000 sign 4. Portable toilet 4. $15,000 enclosure 5. Pier/ Dock 5. $600,000 6. Gangway 6. $75,000 4 Union Park 1. Resurface 1. $30,000 Basketball court 2. Replace Park entry 2. Yes sign 2. $1,000 3. Replace split rail fence 3. $7,500 4. Renovate baseball fields& amenities 4. $112,500 5. Re-paint restroom building 5. $52,500 6. Renovate restroom 6. $90,000 6. 2021 7. Re-fill playground 7. $2,700 7.2021 chips 8. Level shelter pad 8. $3,750 9. Graffiti removal & 9. $7,500 9. Yes clean up Walker Park 1. Replace Park entry 1. $1,000 1. Yes sign 2. Renovate kiosk 2. $12,000 3. Replace playground 3. $2,700 3. 2021 chips 4. Re-paint shelter 4. $3,000 5. Renovate 5. $90,000 5. 2021 restrooms 6. Reconfigure 6. $45,000 entrances 7. Eliminate 7. $11,250 basketball court 8. Utility shed new 8. $12,000 roof&siding 9. Replace chain link 9. $30,000 fence & new barrier 10. Interpretive 10. $3,750 signage 11. Picnic shelter 11. $90,000 12. Beach access- 12. $11,250 path &stairs 5 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Parks &Trails EXT: 806 BRIEFING DATE: August 23, 2021 PREVIOUS BRIEFING DATES: November 30, 2020 If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Mason County Parks Department 2021 Field Rental Rates for soccer EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County Parks Department Field Rental rates are set up to accommodate any type of sport that wishes to rent the fields. The rates are broken down into practice, games and tournaments and by youth and adult leagues, not by sporting type (youth practice $19.50 2-hour, youth games $33.00, adult practice for 2-hours $27.50 and games $40.00). There is no field preparation work done by Park Staff for practices so the cost is lower. In October of 2020, Mason County Parks Department was been asked to accommodate North Mason Soccer by allowing them to use Sandhill Park fields #4, #5, #6 and #7 for that year's soccer season. This was done at no charge, as well as anyone else who used the fields in 2020, due to the COVID pandemic. MC Parks Department had some concerns about the fields being damaged from the soccer cleats and grass not being able to grow before the March 2021 baseball season starting. An agreement was made that the North Mason Soccer would purchase grass seed to repair the grass. Unfortunately, there was miss communication and the grass seed was never purchased or delivered, North mason Soccer was waiting for MC Parks Department to let them know when to get it. Now in 2021 the North Mason Soccer used the Sandhill Park fields (#4, #5, #6 and #7) for the Soccer Camp the week of July 12, 2021 and we not charged a fee. In previous years (2013 to 2019) North Mason Soccer only used the multipurpose field at Sandhill Park and the North Mason High School. They again, were never charged for the use of the multipurpose field. It was brought to my attention that the North Mason Pee Wees, MNLL, NM Softball and Blaze teams are charged fees for field rental and why wasn't North Mason Soccer? They brought up the fact that soccer damages the field and causes the park staff to have to do more repairing of the fields. They indicated that this was not fair and equitable treatment. I believe that there is a valid point being made here and that the North Mason Soccer should be charged the field use fee rates. I do believe that less field preparation needs to be done for each practice or game but at the end of the soccer season there is plenty of repairs to be done to make the fields ready for spring baseball / softball. Briefing Summary 8/18/2021 BUDGET IMPACT: For the use of the 4 field (#4, #5, #6, and #7) on a Monday through Friday 2-hour practices alone would be over $5,850. They would also have all day Saturday for soccer games to be added. Since soccer does not have to have any field prep by Park Staff for practice or games the charge would remain the same as a practice. The North Mason Soccer spokesperson was hoping that they could be only charged $500 to $600 dollar for the entire season. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Discussion on fees to be imposed on North Mason Soccer for use of 4 fields at Sandhill Park. ATTACHMENTS: Mason County Parks Department 2021 Field Rental Rates Briefing Summary 8/18/2021 Exhibit A MASON COUNTY PARKS DEPARTMENT 2021 FIELD RENTAL RATES ORGANIZED YOUTH LEAGUE Use Rate Pro-Rated Based on 2-Hour Practice Practice $ 19.50 $9.75 Per Hour 2-Hour Slot with Field Prep Game $ 33.00 ORGANIZED ADULT LEAGUES: Practice $ 27.50 $13.75 Per Hour Game $ 40.00 TOURNAMENTS: Includes Field Preps Per Field $ 146.00 Full Comple> $ 1 ,020.00 MISCELLANEOUS: Per Hour $ 19.50 DEPOSITS Tier II - two prior payment delinquencies 50% deposit required at time of booking for all scheduled dates Deposit refund if cancelled within 3 months of play 100% If cancelled within 1-3 months of play 50% If cancelled within 30-15 days of play 10% If cancelled within 14-2 days of play 5% If cancelled within 24 hours of play 0 If cancelled by Parks Dept due to weather 100% Tier I - no or one prior payment delinquencies De osit For Local League play payment of $375 deposit due upon acceptance of schedule even for multiple day reservations Payment For Local League play payment due upon receipt of invoice which will be processed every two weeks Page 1 Deposit For Tournament play payment of $1 ,005 deposit for one day or $2,010 for two days due upon acceptance of schedule even for multiple day reservations Payment For Tournament play payment of $1 ,020 for one day or $2,040 for two days is due on the Friday prior to tournament play. The deposit will be rolled forward to next scheduled tournament date for multiple dates scheduled Cleanup Fee Fee charged if field is not returned in condition it was received or cigarette butts or sunflower seeds left on the Synthetic Turf $300 Biohazard Cleanup Fee to remove bodily fluids $450 Supplemental Fees 3.5' X 8' sign on outfield fence', $200/yr $350/2 yrs 3.5' X 8' sign on outfield fence in preferred location $375/yr $675/2 yrs Sponsor is responsible for purchasing sponsor banner County Staff will erect and remove banner at the end of the season MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 747 BRIEFING DATE: August 23, 2021 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information ITEM: Extend contract with MasonWebTV for live video streaming and video recording services for Commission meetings EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): MasonWebTV has provided live video streaming and video recording services since 2017. The proposed rate in the 2022 contract for regular Commission meetings and special Commission meetings in Belfair is $100 for up to a 2-hour meeting; for special meetings held in other locations, the rate is $125 for up to a 2-hour meeting; the rate remains at $25 for each additional hour. BUDGET IMPACTS: Budgeted $6000 in Current Expense for this contract. RECOMMENDED OR REQUESTED ACTION: Place the contract on the September 17 Commission agenda for approval. Attachment: Contract extension Briefmg Summary 8/18/2021 EXTENSION OF PROFESSIONAL SERVICES CONTRACT WITH MASONWEBTV.COM FOR LIVE VIDEO STREAMING Mason County desires to extend the contract the MasonWebTV.com that was entered into on September 24, 2019 for live video streaming of regular Mason County Commission meetings, Board of Health meetings and additional meetings as agreed to by both parties. The agreement is extended to December 31, 2022. The following clause is amended: Compensation: The rate per meeting is$100 for up to 2 hours for regular business meetings and special meetings held in the County Commission Chambers in Shelton and in the North Mason School District Boardroom in Belfair. For special meetings held in other locations, the rate per meeting is$125 for up to 2 hours. The rate for each additional hour is$25. All other provisions of the agreement remain the same. Dated this day of September, 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Randy Neatherlin, Chair ATTEST: Clerk of the Board Kevin Shutty, Commissioner APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Dedrick Allan MasonWebTV J:\CONTRACTS\Mason Web TV contract\Extend MasonWebTV contract 2022.doc MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: County Administration _T EXT: 530 BRIEFING DATE: 8/23/2021 PREVIOUS BRIEFING DATES: 11/23/2020, 12/7/2020, 8/16/2021 If this is a follow-up briefing, please provide only new information ITEM: Housing Authority analysis update Background: The Mason County Housing Authority (MCHA) has approached the Mason County BOCC for assistance in addressing some of the logistical issues they are facing. The county under authority of RCW 35.83.050 can "lend or donate monies"to the Housing Authority. The county also has authority under RCW 35.83.080 "for the purpose of aiding the board of commissioners of a housing authority in carrying out the board's duties or powers under any applicable law, any state public body may with or without consideration provide monetary, in-kind, or other support to the board of commissioners of a housing authority. Previously the BOCC indicated they may want to put a non-voting "ex officio"delegate member on the board of the housing authority whom is a Mason County Commissioner which the BOCC and MCHA Board had authorized. Additional financial assistance needed by the MCHA Board is as follows: Contract Executive Director and replace Cascade Management in 2 yrs. $ 66,000 Contract with Teresa D. Johnson CPA $ 29,000 Clerical assistance to MCHA Board Meetings from MCPH $ 3,696 Purchase of laptop computer, monitor, printer and phone $ 3,175 Budget Impact: General Fund transfer $101,871 RECOMMENDED ACTION: Authorize Funding to MCHA to support their development of a new management structure. Attachment: MOU for Financial Assistance MOU Clerical Assistance Resolution setting up Housing Authority Fund Executive Director/Secretary Job Description MEMORANDUM OF UNDERSTANDING Between Mason County Housing Authority And Mason County for Financial Assistance to support the development of a new management structure of the Mason County Housing Authority 1. Purpose. This agreement is between the Mason County Housing Authority Board of Directors and Mason County. 2. Recitals. a) To help fulfill its role of addressing homelessness and providing support for low-income housing, Mason County Housing Authority provides support services on behalf of individuals and families of Mason County who are in need of affordable housing. b) Under the Authority of RCW 35.83.050 Mason County can "lend or donate monies for the purpose of aiding the board of commissioners of a housing authority in carrying out the board's duties or powers under any applicable law; any state public body may with or without consideration provide monetary, in-kind, or other support to the board of commissioners of a housing authority" c) The Chair of the Mason County Housing Authority is authorized to enter into an agreement with Mason County Board of County Commissioners to support the activities of the Housing Authority. d) The Chair of the Mason County Board of County Commissioners is authorized to enter into an agreement with the Mason County Housing Authority to support the activities of the Housing Authority. 3. Agreement. The parties hereto mutually agree to the following understanding: a) Mason County Housing Authority will hire an Executive Director/Secretary to perform the management responsibilities of the Housing Authority and will replace the current contracted management company by the end of the 2022 fiscal calendar year, ending September 31, 2022 at a cost, fully loaded with taxes and benefits, of $66,000 annually. b) Mason County Housing Authority will hire Teresa D. Johnson, CPA as the accounting and auditing contractor for the Mason County Housing Authority and will replace the current contracted accounting and auditing companies by the end of the 2022 fiscal calendar year, ending September 31, 2022 at a cost of $29,000 annually. Page 1 of 2 c) Mason County Housing Authority has entered into an MOU with Mason County Community Services to perform clerical responsibilities for the Housing Authority at a cost of $3,696 annually. d) Mason County Housing Authority is in need of a laptop computer, monitor, printer and phone and would ask for funding of necessary equipment or in- kind donation of necessary equipment. If funding is preferred the estimate is $3,175. e) Mason County agrees to donate $101,871 to` e Mason County Housing Authority to effectuate a change in the managerrtent structure of the Mason County Housing Authority by the end of the fiscal year of the Housing Authority, September 31, 2022. 4. Witness. In witness thereof, the Mason County Housing Authority has caused this agreement to be executed by the Chair of its Board of Commissioners, and Mason County has caused this agreement to be executed by the Chair of the Mason County Board of Commissioners. Said agreement to become effective and operative upon the fixing of the last signature hereto. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Chief, Deputy Prosecuting Attorney MASON COUNTY Tim Whitehead Randy Netherlain, Chair Sharon Trask, Commissioner ATTEST: ,s. Clerk of the Board McKenzie Smith Kevin Shutty, Commissioner Mason County Housing Authority Chair of the Board of Commissioners Page 2 of 2 MEMORANDUM OF UNDERSTANDING Between Mason County Housing Authority And Mason County Community Services Concerning USE OF STAFF AS CLERICAL SUPPORT 1. Purpose. This agreement is made and entered into between the Mason County Housing Authority Board of Directors and Mason County. 2. Recitals. a) To help fulfill its role of addressing homelessness and providing support for low-income housing, Mason County provides support services on behalf of individuals and families of Mason,County who are in need of affordable housing. b) The Chair or designee of the Mason County Housing Authority is authorized to enter into an agreement with Mason County Community Services to support the activities of the Housing Authority. 3. Agreement. The parties hereto mutually agree to the following understanding that will result in making Mason County Community Services staff available to Mason County Housing Authority for use. It is mutually agreed between the parties as follows: a) Mason County Community Services Department (MCCS) will provide clerical support only and that there is no expectation that staff participates as or has duties of an executive director b) Mason County agrees that it shall support the Housing Authority Board by providing such support as required for Board functions such as agenda development, minutes production, and Board document retention. c) MCCS will provide meeting space for Housing Authority board meetings d) It is understood that MCCS staff will in no way accept management functions, receipt of rents, etc and those functions will be performed by managers or management companies as determined by the Housing Authority e) That the Mason County Housing Authority will reimburse Mason County Community Services at a rate of $308.00 per month. f) This agreement shall be valid for one year from the signature date below. g) This agreement may be cancelled at any time, by either party, by giving 30 days notice in writing. h) This agreement may be amended or extended by written agreement of both parties. Page 1 of 2 January 2018 4. Witness. In witness thereof, the Mason County Housing Authority has caused this agreement to be executed by the President of its Governing Board, and Mason County has caused this agreement to be executed by the Mason County Board of Commissioners. Said agreement to become effective and operative upon the fixing of the last signature hereto. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Chief, Deputy Prosecuting Attorney MASON COUNTY Tim Whitehead Randy Netherlain, Chair Terri Drexler-Commissioner ATTEST: Clerk of the Board Kevin Shutty, Commissioner Mason County Housing Authority President of Governing Board Page 2 of 2 January 2018 Housing Authority of Mason County Executive Director/Secretary Position Description The Housing Authority of Mason County(HAMC) has an opening for an Executive Director/Secretary and is responsible for the day to day administration of Housing Authority of Mason County. To provide the leadership and management of the planning, organizing, direction and control functions of the agency. Interprets and implements policies approved by the Board and is responsible for the administration of Board policies.The position exists under Contract between the Housing Authority of Mason County Board and the Executive Director/Secretary. I. ESSENTIAL TASKS OF THE POSITION: Interprets, implements and administers the policies of the Board of Commissioners and all applicable federal and state housing regulations. • Supervises the preparation of all material to be reviewed by and to be acted upon by the Board. • Acts as secretary to the Board, maintaining appropriate minutes, prepares draft meeting agendas for approval by Board Chair,files and records. • Determines appropriate course(s) of action related to adopted policies and procedures. • Approves all correspondence, notices and directives dealing with policies issued by the Board for clarity and soundness. • Conforms to the requirements of the Working Agreement/Contract in force between the Director and the Board of Commissioners. • Represents the Agency and maintains liaison with regulatory agencies, local officials and community-based organizations. • Attends,on a consistent basis, meetings,workshops, conferences, seminars and other sessions, in order to gain first-hand knowledge of new or improved housing programs in the public and private sectors. • Keeps informed of changes and innovations in the housing field as to matters of policy and operation. • Prepares reports, i.e. organizational and Annual Reports, etc.,for internal and external use. • Acts as the Agency's Public Relations Officer clearing all external statements, reviews and policies before being released to media. • Acts as the Agency's Contracting Officer. • Makes recommendations to the HAMC Board on adoption of new policies and changes to existing policies. Provides for the administration, leadership and management of the Agency. • Prepares and presents to the HAMC Board for approval and subsequently administers and controls the conditions outlined in the Annual Contribution Contracts, annual budgets and other supplemental budgets. • Receives bids for Board approval and executes contracts for work by others and monitors work in progress for compliance with contractual provisions. • Supervises management and control of agency's payables, receivables, cash or other assets (including investments) associated with operating contracts, insurance administration and all internal and external financial operations. • Initiates the writing of proposals and grants. Directs and coordinates activities of managerial personnel engaged in carrying out agency objectives: • Compiles agency budget for Board review and approval and reviews entire agency budget. • Provides general oversight of the management and maintenance of all housing developments to ensure a high degree of livability at the lowest possible cost. • Provides general oversight to the selecting of tenants,the execution of leases,the collection of rents, and the enforcement of leases as required by HAMC Board policies and procedures. Performs other such duties as may be assigned by the HAMC Board of Commissioners. The position requires: • Experience with the administering the Section 8 Housing Choice Voucher Program and in the related areas of housing quality standard, Family Self Sufficiency, homeownership, and VASH programs. • Working knowledge of HUD regulations regarding public housing agencies and the Housing Choice Voucher Program. II. POSITION REQUIREMENTS AND QUALIFICATIONS Minimum Qualifications: • Five (5)years' experience in housing management, community development, public administration or a closely related field. Other related education and experience may be considered. • Four(4)years in a significant management capacity at a public housing authority or other similar experience. Supervised a staff of eight (8) or more for at least two years. • Prior skills in budgeting, personnel management and public relations. • Unique expertise/certification/registrations required: • Ability to travel between various buildings owned and operated by or in other HAMC programs and to other meeting locations as required. • Must be bond-able. Benefits: • Insurance: Health Insurance, Disability/Life Insurance, • Leave and Holidays:Sick Leave, Personal Leave,Vacation, Paid Holidays • The Housing Authority of Mason County is the legal employer. • Job Type: Full-time RESOLUTION NO. A RESOLUTION ESTABLISHING A MASON COUNTY HOUSING AUTHORITY FUND WHEREAS,RCW 35.82 establishes the Housing Authorities Law and the Mason County Housing Authority was created on August 28, 1972 by the Mason County Board of Commissioners; WHEREAS,in the 2018 Legislative Session House Bill 2261 amended RCW 35.83, Housing Cooperation Law,that reads: For the purpose of aiding the board of commissioners of a housing authority in carrying out the board's duties or powers under any applicable law,any state public body may,with or without consideration,provide monetary, in-kind, or other support to the board of commissioners of a housing authority. Such support may not be for the purpose of compensation for a commissioner for his or her services rendered to the housing authority; WHEREAS,in an effort to provide support to the Housing Authority,the Mason County Housing Authority Board of Commissioners wishes to establish a fund with the Mason County Treasurer for certain Mason County Housing Authority revenues and expenditures; WHEREAS,the budget and any transactions for this Fund shall be the responsibility of the Mason County Housing Authority Board of Commissioners; NOW THEREFORE,the Mason County Housing Authority Board of Commissioners does hereby resolve to establish the Mason County Housing Authority Fund#666;the budget and all transactions for this Fund shall be the responsibility and be approved by the Mason County Housing Authority Board of Commissioners. APPROVED this day of 2018. MASON COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS Karen Herr,Auditor Lisa Frazier,Treasurer ATTEST: Clerk C: Housing Authority,Auditor,Treasurer,Budget Manager,Community Services C:\Users\MSmith\AppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\3X95DHHX\Establish Housing Authority Fund from Housing Authority.doc Mason County ARPA Prioritization List of Projects Review 8/23/2021 Priority# Proposed Use in Use In Use In Mason County Project Name Reference# EDC ST RN KS Source Revenue Expense Total Use in 2021 2022 2023 2024 Support Public Health Response PH ARPA 3,000,000 To contain and mitigate the spread of COVID-19 - Behavioral Health Care Services - Payroll and Covered Benefits Subtotal 3,000,000 - - - - - ESSS 5092,Section 115(5-6)Blanke Deci AOC Assist with one-time costs related 161Wenforcement and criminal justice--- related legislation enacted between January 1,2020,and June 30,2021. - Mason County - District Court - Mason County - Subtotal 929,365 - - - - Section 740 County Assistance Fund State Leg 255,893 Assist with one-time costs related to law enforcement and criminal justi j�jaEilft4enacted between January 1,2020,and June 30,2021. r Corrections Deputies X 34,266 40,000 Subtotal 255,893 74,266 34,266 40,000 - - GF ARPA 12,000,000 Replace Public Sector Revenue Loss Ensure Continuity of vital government services by filling budget shortfalls - Public Records Software GOVQA X 22,700 7,700 15,000 Temp County Staff to address COVID X 250,000 250,000 Public Health Message Board 20,000 20,000 MCSO Body Cameras BOCC Approved X X 700,000 700,000 Revenue Loss Calculated - Mason County Fee Recovery Low General Fund 500,000 (500,000) 500,000 Mason County Gas Tax Revenue Low General Fund 1,500,000 (1,500,000) 1,500,000 Mason County Treasurer Property Tax Reimbursements BOCC Approved X 200,000 200,000 Design for 2nd floor PA,MCSO General Fund 100,000 100,000 DCD Records Archival Image Medium General Fund 500,000 100,000 150,000 150,000 100,000 Prosecutors Office 2nd floor expansion General Fund 700,000 300,000 400,000 MC5O 2nd floor expansion General Fund 800,000 ""OD. 400,OD0 Ballot sorter machine B of A Bldg Low General Fund 1,200,000 1,200,000 Recipients may re-calculate lags In revenue loss Subtotal 14,000,000 2,492,700 5,277,700 965,000 150,000 100,000 Water and Sewer Infrastructure - Includes Improvements to Infrastructure - PUD 1 Agate Beach Water System Mainline BOCC Approved X X 559,000 559,000 PUD 1 Vuecrest Storage Upgrade BOCC Approved X X 158,284 158,294 EDC Water line from 101 to Prison 1,OD0,000 1,000,000 CEDS Belfair Water BOCC Approved X X 450,000 450,000 EDC Sewer line extensiont from High School to Basin High 2,500,000 2,500,000 EDC Wallace Kneeland Substation High 3,200,000 3,200,000 PUD 3 Belfair Substation BOCC Approved High X 1,500,000 1,500,000 CEDS Belfair Substation Phase 1 Ring-Bus High X 3,000,000 3,000,000 CEDS Belfair Substation Phase 2 Transmission Line Clifton Ridge 3,000,000 3,000,000 CEDS Belfair Substation Phase 3 Clifton Ridge Water Tower Substation 3,000,000 3,000,000 Subtotal - 18,367,294 18,367,284 - - - Broadband Infrastructure - Focus on Households and Business - HCC Colony Surf Fiber Bulldout X X 313,556 313,556 HCC Eldon Fiber Buildout x X 501,932 501,932 PUD 3 Rural Broadband Cloquallum Community X 500,000 500,000 Fund projects that deliver reliable service - 136,261 250,000 Complements Broadband investments Subtotal - 1,451,749 1,565,488 - - - Premium pay for Essential Workers - Provide premium pay to essential workers(must be fully additive) - OPDBlakeGrantfunding AOC 19,656 19,656 9,828 9,828 Prioritize low and moderate income workers - Key sectors Include Healthcare,grocery,food,education,childcare,sanitation and transit Subtotal 19,656 19,656 9,828 9,828 - - Address Negative Economic Impacts - Deliver assistance to workers and families PUD 1 Customer Arrearages due to COVID LBOCCApproved Medium X X 125,000 125,000 HCC Customer Arrearages due to COVID Medium X X 110,000 110,000 Mason County Utilities Arrearages Medium X 154,000 154,000 123,545 Childcare Support Medium ???? - Support Small Business - EDCSmallBusinessGrants BOCC Approved High X X 500,000 500,000 Speed the recovery of impacted Industries - Mason County Courts Building 10 X 750,000 750,000 Rebuild public sector capacity - Shelton Gateway Medium X 2-10,000 250,000 Shelton Springs/Wallace Kneeland Roundabout Medium Subtotal - 2,012,545L27,232,845 012,545 - - - Grand total 17,019,656 24,343,934 974,828 150,000 100,000 Approved 5,117,772 Available 1,336,679 Revenue Recipients Mason County Mason GF HAMC EDC CEDS HCC IUD 1 PUD 3 Total ST RN xS 0 0 0 0 0 0 0 0 0 74,266 x 0 0 74,266 22,700 x 0 0 22,700 250,000 0 0 x 250,000 20,000 0 0 0 700,000 x 0 x 700,000 700,000 0 0 0 (500,000) 0 0 0 (1,500,000) 0 0 0 200,000 x 0 0 200,000 100,000 0 0 0 500,000 0 0 0 700,DD0 0 0 0 800,000 0 0 0 1,200,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 559,000 x 0 x 559,000 559,000 158,294 X 0 x 158,294 158,294 1,000,000 0 0 0 450,000 X 0 x 450,000 450,000 2,500,000 0 0 0 3,200,000 0 0 0 1,500,000 0 0 x 1,500,000 3,000,000 x 0 0 1,500,D00 3,000,000 0 0 0 3,000,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 313,556 x 0 x 313,556 313,556 501,932 x 0 x 501,932 501,932 500,000 x 0 0 500,000 0 0 0 136,261 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 19,656 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 125,000 x 0 x 225,000 125,000 110,000 x 0 x 110,000 110,000 154,000 0 0 x 154,000 123,545 0 0 0 0 0 0 500,000 x 0 x 500,000 500,000 0 0 0 750,000 0 0 x 750,000 0 0 0 250,000 0 o x 250,0D0 0 0 0 0 0 0 0 0 0 2,052,617 1,500,000 123,545 500,000 7,400,000 925,488842,284 11,000,000 - 6,454,451 5,714,738 - 6,321,772 Available MREFI MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: County Administration EXT: 530 BRIEFING DATE: 8/23/2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Corrections Deputy Contract Memorandum of Understanding Background: The Mason County Civil Service has been unable to adequately support a Corrections Deputy List available for the Jail Administration recruitment efforts. A proposal was presented to offer a $10,000 sign-on bonus to new recruits, $5,000 after the recruit passes their probationary period and another $5,000 after 36 months of successful continues employment with Mason County Corrections. RECOMMENDED ACTION: Recommend to Sign attached MOU detailing the agreement between the Woodworkers Local Lodge W38 I.A.M Corrections/Support Staff and Mason County. Budget Impact: None, MCSO stated they have adequate budget authority to support the cost of this program. Attachment: MOU MEMORANDUM OF UNDERSTANDING Between Mason County/Mason County Sheriff Woodworkers Local Lodge W38 I.A.M. Corrections/Support Staff WHERAS, Mason County, Mason County Sheriff, and Woodworkers Local Lodge W38 I.A.M. Corrections/Support Staff agree that the inability to recruit for staffing of the Corrections Facility is an issue for staff, the lack of applicants through the civil service process is limited at best and Mason County would like to institute a sign on bonus for all new Corrections Deputies that pass their probationary period of $5,000 and a subsequent payment of $5,000 after 36 months of successful, continuous employment with Mason County Corrections.This bonus will be available to all new recruits until December 31, 2024. WHEREAS, based on the lack of applicants for Mason County Corrections Deputies, it is in the I best interest of the County and the Union to institute a sign on bonus to maintain an attractive ffff recruitment environment and continue to recruit the best applicants to Mason County. Therefore, this Memorandum of Understanding shall establish a bonus program to newly hired Corrections Deputies to the Mason County Correction Mason County, Mason County Sheriff, and Woodworkers Local Lodge W38 I.A.M. Corrections/Support Staff through December 31, 2024 As agreed,on this 19th day of August 2021 As to form Chief Deputy Prosecutor Date Com issioner, Chair Date August 19, 2021 Mason County Sheriff i Date August 17,2021 Woodworkers Loc Lodge W38 I.A.M. Date MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kelly Bergh for Frank Pinter DEPARTMENT: Support Services EXT: 644 BRIEFING DATE: 8/23/2021 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑x Budget/Finance ❑ Human Resources ❑ Legal ❑ Other — please explain ITEM: Amend Contract #18-62210-039 with WA State Department of Commerce — Community Development Block Grant (CDBG) Program — General Purpose Grant - Microenterprise - Building Connections — Strengthening Businesses in Mason County Project to extend end date. EXECUTIVE SUMMARY: The end date of the contract is several months away, however, Enterprise for Equity (E4E) would like to request an extension of the CDBG grant deadline from March 31, 2022 to December 31, 2022, at this time, to ensure that they can deliver on the work required under this contract, which have all been significantly impacted by the COVID 19 pandemic. Although E4E and partners at the EDC and NMCC have engaged in multiple types of outreach to promote the programs, and have enrolled some Mason County participants, all parties agree that the lack of in-person opportunities to connect has hampered progress on this grant. Under the last CDBG grant focused on serving Mason County, which ended in 2018, the programs were well-received and well-attended. That gives hope that when in-person activities are again possible, momentum will pick up. The programs occur in 4-5-month cycles with a lead time of 2 months for Information Sessions and Business Readiness Workshops. The chances of meeting the deliverables under this grant would be greatly increased by having additional time for multiple training cycles. BUDGET IMPACT: None PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) NA RECOMMENDED OR REQUESTED ACTION: Approval to authorize of Frank Pinter, Interim County Administrator, to sign Department of Commerce's Request for Amendment to CDBG Contract #18-62210-039 ATTACHMENTS: Department of Commerce CDBG Request for Amendment Briefing Summary 8/16/2021 ATTACHMENT 13-A(1) DEPARTMENT OF COMMERCE COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR AMENDMENT 1. Grantee Name and Address 2. CDBG Contract Number 3. Request Number MASON COUNTY 18-62210-039 2 411 North 51h Street Shelton,WA 98584 4.Type of Amendment(check all that apply) X❑ Time Extension ❑ Budget Revision ❑ Scope of Work ❑ Special Conditions 5. Explanation (attach additional page if response requires more space or for Supplemental Grant requests) Please see attached page. Attached if applicable: ❑ Revised Project Budget ❑ Supplemental Funds Questions 6.Amendment Changes Time Extension Current End Date Change (#months) Revised End Date 3/31/2022 9 12/31/2022 CDBG Budget Code Current Budget Change (+/-) Revised Budget $ $ $ CDBG Budget Code Totals $ $ $ # Housing Units or Jobs ( Current#and Type Change(+/-) Revised#and Type 7.Submitted By(Chief Administrative Official) Name _ Frank Pinter Title _Interim County Administrator Signature Date Action Taken (COMMERCE USE ONLY) APPROVED DISAPPROVED Name Title Signature Date May 2021 ATTACHMENT 13-A (2) 5. The end date of the contract is several months away,however,Enterprise for Equity(E4E)would like to request an extension of the CDBG grant deadline from March 31,2022 to December 31, 2022, at this time,to ensure that they can deliver on the work required under this contract,which have all been significantly impacted by the COVID 19 pandemic. Although E4E and partners at the EDC and NMCC have engaged in multiple types of outreach to promote the programs,and have enrolled some Mason County participants,all parties agree that the lack of in- person opportunities to connect has hampered progress on this grant. Under the last CDBG grant focused on serving Mason County,which ended in 2018,the programs were well-received and well-attended.That gives hope that when in-person activities are again possible,momentum will pick up. The programs occur in 4-5-month cycles with a lead time of 2 months for Information Sessions and Business Readiness Workshops. The chances of meeting the deliverables under this grant would be greatly increased by having additional time for multiple training cycles. May 2021 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: August 23, 2021 PREVIOUS BRIEFING DATES: August 2, 2021 If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other ITEM: 2022 Budget Process &Timeline EXECUTIVE SUMMARY: Preliminary budget entry for all estimated 2022 (and shadow budget 2023) revenue and expenditures was due in the Munis financial system on Monday, August 9tn. The Auditor's Office will present the 2022 preliminary budget to the Board on Tuesday, September 7, 2021. Budget Level 3 revenues and expenditures will be emailed to departments the week of August 23". Departments may use these spreadsheets in lieu of Project Level Requests (PLRs). A Zoom training will be available to departments on Wednesday, August 25th at 2:00 p.m. for help with the PLR forms. Budget Narratives and Project Level Requests (PLRs) are due to the Budget Office via email (no paper copies) by Tuesday, September 14, 2021. Budget Workshops with the Board will begin in late September or early October. The first workshop or two will be the Budget Office presenting the entire preliminary maintenance budget to the BOCC, followed by individual meetings with departments. Elected Officials or Department Heads with PLRs should contact Diane Zoren and McKenzie Smith to schedule a meeting time. Last year, Monday afternoons were designated budget workshop times with the Board, and I am recommending keeping to the same schedule this year through the month of October. The Board will have the opportunity to adopt a 2022 budget on Monday, December 6tn. The public hearing will need to be advertised two weeks prior to budget adoption, and a resolution to set the public hearing should be adopted on Tuesday, November 9tn BUDGET IMPACT: The preliminary budget will have a direct impact on the Commissioners' 2022 adopted budget decisions. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) RECOMMENDED OR REQUESTED ACTION: Request the Board decide on a tentative schedule for budget workshops. ATTACHMENTS: N/A Briefing Summary 8/18/2021 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EH EXT: 279 BRIEFING DATE: 8/23/21 PREVIOUS BRIEFING DATES: 7/12/2021 If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other— please explain ITEM: Clean Water District Advisory Committee EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County Code Chapter 6.88 directs the Board of County Commissioners to formalize a new advisory committee. This committee would oversee the implementation of the clean water district, closure response plans and progress on existing and future grant projects. As per the previous briefing on July 12th, the attached draft resolution was emailed on July 19th to multiple partnering agencies for feedback, including Squaxin Island Tribe, Skokomish Tribe, Hood Canal Coordinating Council, Lower Hood Canal Watershed Coalition, Dept. of Ecology, Dept. of Health, City of Shelton, Mason Conversation District, Sea Grant, Seattle Shellfish, Craft 3, Public Works, and Taylor Shellfish. We received some responses from partners, see attached for commission review and further discussion. BUDGET IMPACT: Staff expects this committee to meet quarterly. It is estimated to cost about $3,000 (annually) for staff participation in these meetings and administrative support for the committee. CWD funding will pay for these expenses. PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) There could be a public hearing ahead of adoption. Email to partnering agencies completed. RECOMMENDED OR REOUESTED ACTION: Discuss feedback and next steps. ATTACHMENTS: Draft resolution, partner responses Briefing Summary 8/17/2021 RESOLTUION NO. CREATION OF THE MASON COUNTY CLEAN WATER DISTRICT ADVISORY COMMITTEE WHEREAS, the Mason County Board of County Commissioners adopted the Mason County Clean Water District on May 11th, 2021, per Chapter 90.72 RCW, to address non-point pollution sources affecting shellfish harvest areas; and WHEREAS, State law (Chapter 90.72 RCW) allows for the county legislative authority to appoint a local advisory council to advise in implementation of shellfish protection programs. WHEREAS,the creation of the Mason County Clean Water District and adoption of Mason County Code Chapter 6.88 directs the Mason County Board of County Commissioners to create an advisory committee to assist in implementing the purposes and goals of the clean water district; and WHEREAS, Mason County has many partnering agencies and entities interested in preservation of clean water and shellfish harvest activities. NOW, THEREFORE, BE IT RESOLVED BY THE MASON COUNTY BOARD OF COUNTY COMMISSIONERS that the Mason County Clean Water District Advisory Committee is created; and BE IT FURTHER RESOLVED that the Advisory Committee shall have the following nine (9) official members with the following initial terms. • 1 Representative of the Mason County Board of County Commissioners ongoing • 1 Citizen from (residing within)the Clean Water District 2 years • 1 Citizen from (residing within)the Clean Water District 3 years • 1 Representative from Mason County Community Services ongoing • 1 Representative from Mason Conversation District ongoing • 1 Representative from the Squaxin Island Tribe ongoing • 1 Representative from the Skokomish Tribe ongoing • 1 Representative of the Commercial Shellfish Growers ongoing • 1 Representative from City of Shelton ongoing Organizations listed with "ongoing" terms will determine their representatives. Citizen member positions shall be appointed by the Mason County Board of County Commissioners as described in the Boards and Commissions Handbook. After Initial terms, members will serve 3-year terms. DATED this day of 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy, Neatherlin, Chair McKenzie Smith, Clerk of the Board Sharon Trask, Commissioner APPROVED AS TO FORM: Tim Whitehead Kevin Shutty, Commissioner Chief Deputy Prosecuting Attorney Alex Paysse From: Haley Harguth <hharguth@hccc.wa.gov> Sent: Friday,July 30, 2021 3:26 PM To: Alex Paysse Cc: Scott Brewer; Nate White Subject: Re: request for partner feedback Hi Alex, Congrats on this continuing to move forward! HCCC does not have any specific feedback regarding the new resolution to form the advisory committee. We are in full support of the new Clean Water District and the advisory group will be instrumental in getting the new program initiated. As a member of HCCC's Board and a partner in our Regional PIC Program,we anticipate that Mason Co. will keep us informed on progress and any opportunities to support your ongoing efforts. Thanks for the opportunity to review. Have a great weekend, Haley Haley Harguth I Watershed Program Manager Hood Canal Coordinating Council i HCCC.wa.gov I OUrHoodCanal.org 17791 Fjord Drive NE,Suite 118, Poulsbo,WA 98370 360-328-4625 1 hharguth@hccc.wa.gov Note:All emails may be subject to public disclosure On Mon,Jul 19, 2021 at 9:30 AM Alex Paysse<AlexP@co.mason.wa.us>wrote: You are receiving this email as a previous agency contact from one of Mason County's past water quality projects. As many of you know, Mason County Board of County Commissioners approved a new ordinance in May of this year combining our existing 8 shellfish protection districts into a single district model similar to Jefferson and Kitsap counties. In addition,the ordinance included reference to a future resolution creating a single advisory committee to oversee the approved funding source and program objectives. We have met with commission and prepared a draft resolution to satisfy this goal. The commissioners and staff are requesting some partner feedback on this draft proposal. We will be accepting comments until August 6, 2021. The previously approved ordinance from May and draft resolution for committee is attached. If you would like more information or have questions let us know. Otherwise comments and feedback can be emailed back to my email address alexp@masoncountywa.gov or sent by mail to 415 N. 6th Street in Shelton. We will collect feedback and forward to our commission for continued discussion and decision making. We appreciate your time and involvement in the success of our recently updated program. Alex Paysse I Environmental Health Manager 360-427-9670, Extension 279 1 alexp@masoncountywa.gov 1 Alex Paysse From: constance ibsen <constance.c.ibsen@gmail.com> Sent: Saturday,August 7, 2021 4:51 PM To: Alex Paysse Subject: Proposed Representation for the Mason County Clean Water District Advisory Committee Thank you for the opportunity to provide input for the proposed voting membership of the Clean Water District(CWD)to assist in implementing programs for the protection and preservation of shellfish harvest activities. We want to emphasize that CWD tax dollars should only be spent on lakes and streams that are polluting shellfish beds. As an advisory committee to the Mason County Board of County Commissioners, it is inappropriate for the Mason County Commission to have a voting representative on the CWD Advisory Committee. LHCWC would encourage a county commissioner to regularly sit in and participate. Mason County personnel should serve only as support staff to this committee. As the City of Shelton tax payers are not within the Clean Water District boundaries and not paying into the CWD,Shelton should not have a voting representative. The CWD meetings will be open to all. City of Shelton elected officials,staff and citizens can always attend. Below are proposed positions that LHCWC feels are appropriate for consideration for service on the Mason County CWD Advisory Committee. 6 Citizen representatives from different watersheds—Totten/Little Skookum,Oakland Bay, Lower Hood Canal, Upper Hood Canal, North Bay, Pickering/Peale Passages. 1 Livestock Producer 1 Large shellfish producer(Greater than$1 million in sales per year) 1 Small shellfish producer(Less than$1 million in sales per year) 1 Onsite Sewage 0&M specialist or septic pumper If you have any questions, please do not hesitate to contact me—constance.c.ibsengbgmail.com. 1 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Alex Paysse DEPARTMENT: Community Services, EH EXT: 279 BRIEFING DATE: 8/23/21 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources ❑ Legal ❑ Other — please explain ITEM: Contract for Local Solid Waste Financial Assistance grant from Ecology for 21/23 biennium. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): The Local Solid Waste Financial Assistance program provides funding to local governments for solid and hazardous waste planning and implementation, as well as enforcement of solid waste rules and regulations. Environmental Health utilizes this grant with ecology to support Solid Waste program activities as it relates to public health. This biennium, the state has allocated $130,868 to Mason County Public Health. There is a 25% match ($43,622.67) requirement which will be paid from the solid waste tipping fees, making a total eligible cost of$174,490.67 for the two-year period of July 1st, 2021 to June 30th, 2023. BUDGET IMPACT: None PUBLIC OUTREACH:(Include any legal requirements, direct notice, website, community meetings, etc.) Approval through public meeting RECOMMENDED OR REQUESTED ACTION: Move to action agenda for approval of contract ATTACHMENTS: Proposed contract Briefing Summary 8/17/2021 DEPARTMENT OF ECOLOGY State of Washington Agreement No. SWMLSWFA-2021-MaCoPH-00078 SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND MASON COUNTY PUBLIC HEALTH DEPARTMENT This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,hereinafter referred to as"ECOLOGY,"and MASON COUNTY PUBLIC HEALTH DEPARTMENT,hereinafter referred to as the "RECIPIENT,"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: SWE Mason County PH Total Cost: $174,490.67 Total Eligible Cost: $174,490.67 Ecology Share: $130,868.00 Recipient Share: $43,622.67 The Effective Date of this Agreement is: 07/01/2021 The Expiration Date of this Agreement is no later than: 06/30/2023 Project Type: Solid Waste Enforcement Project Short Description: Mason County Public Health will spend$174,490.67 to protect human health and the environment by preventing and correcting violations of solid waste rules and regulations. Project Long Description: See the Scope of Work section for more detailed information related to individual Tasks. Overall Goal: Provide regional solutions and intergovernmental cooperation;prevent or minimize environmental contamination through planning and project implementation;and comply with state and local solid and hazardous waste management plans and laws. State of Washington Department of Ecology Page 2 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT RECIPIENT INFORMATION Organization Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT Federal Tax ID: 91-6001354 DUNS Number: 232002101 Mailing Address: 415 N 6th Street Shelton,WA 98584 Physical Address: 415 N 6th Street Shelton,Washington 98584 Organization Email: alexp@aco.mason.wa us Organization Fax: (360)427-7787 Contacts Template Version 12/10/2020 State of Washington Department of Ecology Page 3 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT Project Manager Alex Paysse EH Manager 415 N 6th Street Shelton,Washington 98584 Email: alexp(a-.),co.mason.wa.us Phone: (360)427-9670 Billing Contact Casey Bingham Finance Manager 415 North 6th Street shelton,Washington 98584 Email: caseyb(a co.mason.wa.us Phone: (360)427-9670 Alex L Paysse Authorized EH Manager Signatory 415 N 6th Street Shelton,Washington 98584 Email: alexp(a�co.mason.wa us Phone: (360)427-9670 Template Version 12/10/2020 State of Washington Department of Ecology Page 4 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT ECOLOGY INFORMATION Mailing Address: Department of Ecology Solid Waste Management PO BOX 47600 Olympia,WA 98504-7600 Physical Address: Solid Waste Management 300 Desmond Drive SE Lacey, WA 98503 Contacts Olivia Carros Project Manager PO Box 47775 Olympia,Washington 98504-7775 Email: OCAR461@ecy.wa.gov Phone: (360)995-3980 Olivia Carros Financial Manager PO Box 47775 Olympia,Washington 98504-7775 Email: OCAR461 @ecy.wa gov Phone: (360)995-3980 Template Version 12/10/2020 State of Washington Department of Ecology Page 5 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions of this Agreement,Scope of Work,attachments,and incorporated or referenced documents,as well as all applicable laws, statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties,and there are no other understandings or representations other than as set forth,or incorporated by reference,herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing,signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State MASON COUNTY PUBLIC HEALTH DEPARTMENT Department of Ecology By: By: Laurie Davies Date Alex L Paysse Date Solid Waste Management EH Manager Program Manager Template Approved to Form by Attorney General's Office Template Version 12/10/2020 State of Washington Department of Ecology Page 6 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT Randy Neatherlin Board of County Commissioners,Chair Date Tim Whitehead Approved as to form,Chief Deputy Date Prosecuting Attorney Template Version 12/10/2020 State of Washington Department of Ecology Page 7 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT SCOPE OF WORK Task Number: 1 Task Cost: $174,490.67 Task Title: Solid Waste Enforcement Task Description: Activity-Solid Waste Handling Facility/Site Compliance RECIPIENT will monitor solid waste handling facility for compliance with applicable state solid waste regulations including but not limited to Chapter 173-350 WAC(Solid Waste Handling Standards),Chapter 173-351 WAC(Criteria for Municipal Solid Waste Landfills),Chapter 173-304 WAC(Minimum Functional Standards for Solid Waste Handling),and any related local solid waste regulations,or codes.RECIPIENT will accomplish monitoring of solid waste handling facilities and sites as prescribed by the applicable solid waste regulation(s),including but not limited to permitting,inspections and oversight,review of groundwater data,and annual review of financial assurance. Permitted Solid Waste Facilities(7):Mason County Transfer Station(HHW),Mason County Belfair Drop Box,Mason County Hoodsport Drop Box,Mason County Union Drop Box,North Mason Fiber(Compost),North Mason Fiber(Rail Load),Wash.Correction Center(Compost) Permit Exempt Solid Waste Facilities(I1):Allen Shearer Trucking,Bill McTurnal Enterprises,Brady Trucking(Site 1 —Public Access;woodwaste recycling for retail sale), Brady Trucking(Site 2-Woodwaste recycling operation),Associated Steel, Deer Creek Landscape,Mason County Garbage&Recycling, Peninsula Topsoil,Pay More Recycle&Salvage,Mason County Wood Recyclers,Pyramid Materials(former site of Ace Paving) Permitted Solid Waste Facilities in Post-Closure(3):Green Diamond Dayton Limited Purpose Landfill(Formerly known as Simpson),Green Diamond Matlock Woodwaste Landfill(Formerly known as Simpson),Mason County Municipal Landfill New solid waste permit applications and notices of exemption considered during the Agreement period for facilities not identified under this task may be managed under this Agreement. Activity-Solid Waste Investigation,Assistance and Enforcement RECIPIENT will investigate solid waste related complaints and concerns, including(at RECIPIENT's discretion)assisting in the proper handling of abandoned or illegally stored junk or nuisance vehicles. RECIPIENT will offer technical assistance about solid waste regulations and how to prevent or correct violations,and will enforce as necessary. RECIPIENT will provide public education about proper handling and disposal methods,and how to prevent violations. General: RECIPIENT employee participation in memberships,trainings,workshops,conferences,committees and or work groups must be pre-approved by ECOLOGY if not already listed as eligible in this scope of work.If travel is involved,RECIPIENT must Template Version 12/10/2020 State of Washington Department of Ecology Page 8 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT follow the state of Washington travel requirements as prescribed in chapter 43.03 RC W and Chapter 10 of the State Administrative&Accounting Manual from the Office of Financial Management.Travel costs,including per diem,are reimbursed up to the state rate. Costs eligible for reimbursement with supporting documentation include: •Recipient employee time to implement the scope of work. •Costs not listed here but pre-approved in writing by Ecology. Costs not eligible for reimbursement: •Overtime compensation(all hours are calculated at the regular rate of pay). •Costs not specifically identified in the task's scope of work or pre-approved in writing by Ecology. Task Goal Statement: The goal of this task is to protect human health and the environment by preventing and correcting violations of solid waste rules and regulations.RECIPIENT expects to accomplish this goal by providing technical assistance,education,compliance monitoring and enforcement when necessary. Task Expected Outcome: The RECIPIENT expects to resolve 280 solid waste complaints over the two year biennium. RECIPIENT plans to conduct 42 inspections of solid waste facilities or sites over the two year biennium. RECIPIENT will issue 20 solid waste facility or site permits over the two year biennium. Recipient Task Coordinator: Wendy Mathews Solid Waste Enforcement Deliverables Number Description Due Date 1.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 State of Washington Department of Ecology Page 9 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT BUDGET Funding Distribution EG220042 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Mason Co PH Funding Type: Grant Funding Effective Date: 07/01/2021 Funding Expiration Date: 06/30/2023 Funding Source: Title: Model Toxics Control Operating Account(MTCOA) Fund: Type: State Funding Source%: 100% Description: Local Solid Waste Financial Assistance Approved Indirect Costs Rate: Approved State Indirect Rate:30% Recipient Match%: 25% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Mason Co PH Task Total Solid Waste Enforcement $ 174,490.67 Total: $ 174,490.67 Template Version 12/10/2020 State of Washington Department of Ecology Page 10 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT Fundine Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Mason Co PH 25.00 % $ 43,622.67 $ 130,868.00 $ 174,490.67 Total $ 43,622.67 $ 130,868.00 $ 174,490.67 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS If the scope of this Agreement includes recycling activity managed or performed by the RECIPIENT at a recycling center (such as a transfer station or drop box location)or other locations,Ecology will not reimburse disposal costs for materials collected or advertised as collected for recycling/reuse or marketed for recycling/reuse under this Agreement,unless approved in writing by Ecology.RECIPIENT must immediately notify ECOLOGY when the RECIPIENT becomes aware that disposal of materials occurred or may occur due to the market conditions for recycled/reused materials. ECOLOGY may deny new costs or require repayment of costs already reimbursed or remove the task from the Agreement or terminate the Agreement. Ecology will conduct a risk assessment of all Local Solid Waste Financial Assistance recipients.The level of risk determines the level of oversight required by Ecology throughout the biennium. If the RECIPIENT's performance or project circumstances change,Ecology may reassess risk and notify the RECIPIENT of any changes to administrative requirements. RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly.The Spending Plan and Outcomes Data Collection form must be completed concurrent with the submittal of each payment Request/Progress Report. RECIPIENT shall report outcomes in a manner consistent with instructions in the Local Solid Waste Financial Assistance guidelines. RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial(including payment requests),performance, and other reports required by this Agreement.Ecology shall have the right to deny reimbursement of payment requests received after this date. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. A.CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving contracts paid for with federal funds.If the RECIPIENT/CONTRACTOR is unable to certify to the statements Template Version 12/10/2020 State of Washington Department of Ecology Page 11 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,person, primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal remedies,including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment.RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov>and print a copy of completed searches to document proof of compliance. B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING REOUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than$25,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than$25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is required to report the FFATA information for federally funded agreements,including the required DUNS number,at www.fsrs.gov<http://www.fsrs.lzov/>within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending. og v<hLtp://www.usaspending:gov/>. For more details on FFATA requirements,see www.fsrs. og v<http://www.fsrs.gov/>. C.FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE Template Version 12/10/2020 State of Washington Department of Ecology Page 12 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT SERVICES OR EQUIPMENT: As required by 2 CFR 200.216,federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain;or 3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment,services,or systems that use covered telecommunications equipment,video surveillance services or services as a substantial or essential component of any system,or as critical technology as part of any system.As described in Public Law 115-232 <https://www. ovg info.gov/content/pk¢/PLAW-I l5publ232/pdf/PLAW-I l5publ232.12df>,section 889,covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). Recipients,subrecipients,and borrowers also may not use federal funds to purchase certain prohibited equipment,systems,or services,including equipment,systems,or services produced or provided by entities identified in section 889,are recorded in the System for Award Management(SAM)<httl2s:Hsam.gov/SAM/>exclusion list. Template Version 12/10/2020 State of Washington Department of Ecology Page 13 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 06/24/2021 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188, Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all products supplied under the Agreement,providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages,web-based applications,software systems,video and audio content,and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid,minimize,or mitigate adverse effects to archaeological and historic archaeological sites,historic buildings/structures,traditional cultural places,sacred sites,or other cultural resources,hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed,or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. *For state funded construction,demolition,or land acquisitions,comply with Governor Executive Order 21-02,Archaeological and Cultural Resources. Template Version 12/10/2020 State of Washington Department of Ecology Page 14 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966(Section 106). b) If required by the ECOLOGY Program,submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff,volunteers,and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement,follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic Preservation at(360)586-3065,any affected Tribe,and the local government. d) If any human remains are found while conducting work under this Agreement,follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the Department of Archaeology and Historic Preservation at(360)790-1633,and then the ECOLOGY Program. e) Comply with RCW 27.53,RCW 27.44,and RCW 68.50.645,and all other applicable local,state,and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY,all affected local,state,or federal jurisdictions,and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website,https://ofin.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration(a ofm.wa.gov. h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has been completed if,at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement,as appropriate,or upon completion of an audit as specified herein. Template Version 12/10/2020 State of Washington Department of Ecology Page 15 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial,performance,and other reports required by this Agreement.Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations,and permits related to this Agreement,including but not limited to: a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or responsibility in the review,approval,or carrying out of this Agreement,shall not have any personal or financial interest,direct or indirect,nor affect the interest of any corporation,partnership,or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction,purchase of goods,equipment,services,and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal,fair,and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed,after concluding the review. Template Version 12/10/2020 State of Washington Department of Ecology Page 16 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal.The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental measurement data.RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall: - Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance(QA) officer or the Program QA coordinator instructs otherwise. - Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004 (Ecology Publication No.04-03-030). - Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system(EIM),unless the ECOLOGY Program instructs otherwise.The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM,find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System(GIS)data is collected and processed.Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,when requested by ECOLOGY,shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data collection files,map products,and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the project described herein,except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees,volunteers,or agents of each party who are engaged in the performance of this Agreement will continue to be employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other party- Template Version 12/10/2020 State of Washington Department of Ecology Page 17 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and women-owned (WBE)businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to take the following actions,when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE) (866-208-1064)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable federal and state statutes and regulations;(b) The Agreement;(c)Scope of Work;(d)Special Terms and Conditions;(e)Any provisions or terms incorporated herein by reference,including the "Administrative Requirements for Recipients of Ecology Grants and Loans";(f)Ecology Funding Program Guidelines;and(g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten(10)business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products developed. Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets,videos,audio tapes,CDs,curriculum,posters,media announcements,or gadgets with a message,such as a refrigerator magnet,and any online communications,such as web pages,blogs,and twitter campaigns.If it is not practical to provide a copy,then the RECIPIENT shall provide a description(photographs,drawings,printouts,etc.)that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. • 20. PROGRESS REPORTING Template Version 12/10/2020 State of Washington Department of Ecology Page 18 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1 through September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the quarter being reported. e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved by ECOLOGY,all financial,performance,and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive, and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others to use the same for federal,state,or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans,"shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates,or abstracts,and attorney's opinions establishing that the land is free from any impediment,lien,or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment, property,or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or construction costs of such property. Template Version 12/10/2020 State of Washington Department of Ecology Page 19 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT 22. RECORDS,AUDITS,AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times,in order to monitor and evaluate performance,compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause,suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 State of Washington Department of Ecology Page 20 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact meetings,and setting up recycling and composting programs. b) Purchasing may include such items as:sustainably produced products and services, EPEAT registered computers and imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced packaging,office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper,and toxic free products. For more suggestions visit ECOLOGY's web page,Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the RECIPIENT,at the sole discretion of ECOLOGY,for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in writing for commencement of work,or the time period defined within the Scope of Work. Non-Performance.The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement,in whole or in part,for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state,federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement,in whole or part,or renegotiate the Agreement,subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension.Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT.In no Template Version 12/10/2020 State of Washington Department of Ecology Page 21 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part,at any time,by mutual written agreement. d) In Event of Termination All finished or unfinished documents,data studies,surveys,drawings,maps,models,photographs,reports or other materials prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds,identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Marissa Watson DEPARTMENT: Planning EXT: 367 BRIEFING DATE: August 23, 2021 PREVIOUS BRIEFING DATES: None If this is a follow-up briefing, please provide only new information INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources Li Legal ❑ Other — please explain ITEM: Shoreline Master Program Periodic Review and Update EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Mason County conducted a periodic review of the County's Shoreline Master Program as outlined in the guidelines of WAC 173-26 and as mandated by the Shoreline Management Act (RCW 90.58). The review is intended to keep SMPs up to date with amendments to state law, provide consistency between SMPs, comprehensive plans, and development regulations, and incorporate improved data and clarifications that aid in the implementation of the regulations, as well as greater accessibility of the Program to the public. The optional joint review process for amending the SMP (WAC 173-26-104) was chosen, allowing for a joint county/state 30 day comment period, consolidating the comment period and speeding up the approval process. The County and State completed this comment period and the County responded to all comments received. The PAC held two public hearings regarding the SMP Periodic Review, as well as five workshops leading up to the hearings. The PAC voted, unanimously, to approve the recommendation of the draft amendments to title 17.50 — Shoreline Master Program, title 8.52 — Resource Ordinance, and title 15 Development Code to the Board of County Commissioners. After making minor revisions requested by the PAC, staff submitted to Ecology all materials required for an initial determination of consistency on July 22, 2021, Ecology determined they had a complete submittal on July 28, 2021, and Ecology's initial determination of consistency was received by the County on August 13, 2021. BUDGET IMPACT: None PUBLIC OUTREACH:(Include any legal requirements,direct notice,website,community meetings, etc.) Public Hearing notice required for Planning Commission and Board. 2021 SMP Periodic Review Update Email List. Posted to Planning Advisory Commission website and posted on the home page in the Commissioner agendas. Posted on the 2020-2021 SMP Periodic Review and Update County webpage. RECOMMENDED OR REQUESTED ACTION: Place on the September 14, 2021 action agenda to establish a public hearing date of October 12, 2021 to adopt the updated Shoreline Master Program and related codes. ATTACHMENTS: Ecology's Initial Determination of Consistency MC SMP Periodic Consistency Review MC SMP Periodic Review 2020-2021 Comment Matrix Briefing Summary 8/18/2021 TO: Marissa Watson, Senior Planner,Mason County CC: Kell Rowen,Planning Manager, Mason County;Jackie Chandler,Shoreline Administrator, Dept. of Ecology FROM: Kim Van Zwalenburg,SeniorShoreline Planner,WA Department of Ecology Date: August 13, 2021 Subject: SMP Periodic Review- Initial Determination of Consistency Sent via email to: mwatson@co.mason.wa.us;krowen@co.mason.wa.us Use of this Document Ecology's Determination of Initial Concurrence provides Ecology's review of the proposed amendment to the Mason County (County) Shoreline Master Program(SMP). This document is divided into two sections: Findings of Fact,which provides findings related to the County's proposed amendment, amendment history, and the review process and Initial Determination of the proposed amendment with next steps. Brief Description of Proposed Amendment Mason County has submitted a draft SMP amendment,as part of their periodic reviewof their SMP to Ecology for an initial determination of concurrence as required by the joint review process and consistent with WAC 173-26-104(3). The County is undergoing a statutorily required periodic review of their Shoreline Master Program. FINDINGSOF FACT Need for amendment Mason County comprehensively updated their master program in October 2017. The proposed periodic review amendment is needed to comply with the statutory deadline for a periodic review of the SMP pursuant to RCW 90.58.080(4).The amendment will bring the SMP into compliance with requirements of the Shoreline Management Act or state rules that have been added or changed,ensure the SMP remains consistent with amended comprehensive plans and regulations, and incorporate revisions deemed necessary to reflect changed circumstances, new information, or improved data.The County prepared a checklist and an analysis documenting the proposed amendment. SMP provisions to be changed by the amendment as proposed Mason County's SMP is codified in Chapter 17.50 Shoreline MasterProgramof the Mason County Code (MCC). The SMP contains policies and regulations with the policies considered an element of the County's Comprehensive Plan. The SMP regulations set development standards within shoreline jurisdiction and are part of the County's development regulations.The Shoreline Environmental Designations Map is part of the SMP. The County's critical area regulations are adopted by reference and codified in MCCChapter 8.52, Resource Ordinance. In addition to general edits to correct and update syntax,formatting and citation corrections,the following amendments to the SMP are proposed: Shoreline Master Program(MCC 17.50) A. 17.50.020 Definitions. Mason County SMP Periodic Review Initial Determination of Consistency 1. Definitions for the following termsare added: functionally isolated buffer areas;legally established or constructed structure,use, and/or lot. 2. The following definitions are revised: development, floating home, floating on water residence, footprint. 3. The following definitions are deleted:grandfathered structures;grandfathered uses; legal nonconforming lot. B. 17.50.060Jurisdiction and Application of Regulations 1. Table 17.50.060-B:Mason County Shorelines of the State—Streams. Remove Winter Creek from the table.The map was updated but deleting this stream from the list was overlooked during the Comprehensive SMP Update. C. 17.50.110 Ecological Protection,Critical Areas,No Net Loss 1. 2. Critical Areas a. Applicability. A revision removes the specific ordinance number and adoption date of the Mason County Resource Ordinance (MCC 8.52),and incorporates it into the SMP as amended. [2.a.i] b. Buffers and Setbacks. Revisions allow for buffer reductions when areasare functionally isolated from the critical area,including areasupland of public roads. The functional isolation must be demonstrated in a report from a qualified professional. [2.b.ii] D. 17.50.120 Existing Structures,Uses and Lots 1. Revisions are made throughout the section replacing the term"grandfathered"with"legal non-conforming". 2. Clarification is added that decks on the waterward side of a residence are not included in the footprint of the structure when proposing an expansion. [1.d] 3. Clarification is added that a Common Line Mitigation Plan maybe submitted when allowed by theSMP. [1.f.ii] 4. A new provision is added requiring a Common Line Mitigation Plan when the existing footprint is shifted landward. [1.f.iv] E. 17.50.255 Residential 1. Revisions clarify that both floating homes and floating on water residences, as well as over- water homes, are allowed to make improvements related to life safety and property rights provided any expansion is the minimum necessary. [B.1] F. 17.50.320 Docks, Floats, Buoys, Lifts, Etc. 1. Repair and replacement of overwater structures is revised, replacing the term "grandfathered"with"legal non-conforming" and clarifying this applies to docks, boat houses and other overwater structures. Replacement structures are restricted to the original footprint and size dimensions unless the reconfiguration meets current bulk dimensional standards and does not exceedthe existing overwater coverage. [B.1.j.i] 2. Revisions are made to clarify that any addition or"area of enlargement"to existing overwater structures must meet the standards for new construction. [B.1.j.ii] 2 Mason County SMP Periodic Review Initial Determination of Consistency 3. A proposed revision alters the standards within a semi-enclosed water(i.e. bay, cove or stream channel) by allowing for a dock or unattached float to extend to the lesser of the allowed dock length or fifteen percent of the fetch. [B.2.e] 4. Provisions for Piers, Ramps and Floats are relocated forward in the section and revised. [B.2.f.v-vii] a. A requirement for piers to be at least 6'above the substrate is added,and a note about functional grating is rewrittenfor clarity. [B.2.f.v(b)] b. Language is added clarifying the requirement for float stops on floats may be waived if approved by WDFW in a Hydraulic Approval. [B.2.f.vii(b)] c. Provisions are rewrittento clarify allowances for attachmentsto the mainstem of a dock. [B.2.f.viii(a)and (b)] G. 17.50.340Shoreline Stabilization 1. 'Capping',or raising the height of an existing bulkhead, is allowed as repairwhen consistent with certain criteria including height,provided the bulkhead is not widened. The allowed additional height is revised from one foot to two feet.[B.S.i.i] H. 17.50.400 Permits, Exemptions, and Appeals 1. A. General Requirementsfor all Uses and Development. Revisions are made to clarify the requirements for a meeting(with County staff) when a proposal requires shoreline permits or certain exemptions. [A.4] 2. B. Development Exempt from the Substantial Development Requirements. Updates to the monetary thresholds are made for freshwater docks [B.1.1h].Projects with certification from the governor under RCW 80.50 is addressed in MCC 17.50.060.Fand is deleted from the list of exemptions. [B.1.1]. 3. C. Shoreline Permits.A provision is added clarifying Substantial Development permits do not require a hearing but do require a notice of application. [C.2.a.iii] Resource Ordinance(MCC Chopter&52) A. 8.52.070—Inholding Lands. A minor edit removes unnecessary language. [(B)(3)] B. 8.52.110—Wetlands. A new provision addresses how areasare documented as functionally isolated from the critical area.Buffer reductions are allowed if this is adequately demonstrated in a report by a qualified professional. [€(2)(a)(iv)] C. Tables 8.52.110(D)and(E)are revised, updating low and moderate habitat point score rangesto reflect Ecology's 2018 revision to the 2014 Wetlands rating system. The low range of 3-4 is revised to 3-5 and the moderate range of 5-7 is revised to 6-7. D. 8.52.170—Fish and Wildlife Habitat Conservation Areas. 1. The allowed height for guard rails on decks within a setback is revised from 36"to the minimum required by building code. [8.52.170(E)(1)(b)] 2. Minor revisions for clarity are made,deleting the term'pond' [(E)(2)], replacing the term 'habitat biologist' with 'fish and wildlife professional' [(E)(3)(b)(iii)(b)], and revising 'shoreline beach access' to'within shoreline jurisdiction'[(E)(4)(d)]. 3. A new provision is added to clarify that a Common Line Mitigation Plan is required when the footprint of certain existing developments is modified within the FWHCA or its buffer. [(E)(4)(j)(iii)] 3 Mason County SMP Periodic Review Initial Determination of Consistency 4. Revisions clarifythe need for a Common Line Mitigation Plan when the structural footprint is moved or the shape changes[(E)(4)0)(iv)(c)(II) and(IV)] 5. Clarification is added that a structure's footprint does not include decks on the waterward side of a residence. [(E)(4)6)(iv)(d)] 6. A correction is made clarifying upland stairs are located landward of the OHWM. [(E)(4)(k)] 7. Revisions remove unnecessary languageand clarify the need for a Habitat Management Plan if vegetation in the buffer will be removed. [(E)(4)(m)] 8. The term habitat biologist is replaced with Fish and Wildlife professional. [(H)(3)(b)] 9. The title is revised adding "and buffers" reflectingthe intent of the subsection which addresses required mitigationfor impactsto FWHCAs and buffers. [I] E. Appendix B tothe Resource Ordinance—Mitigation Manual for Common Line Setbacks. A number of non-substantive revisions are made throughout the document for consistency with proposed revisions in the Resource Ordinance. Other revisions update terms,update referenced documents or are made for improved clarity. Changes to the following two sections of the Resource Ordinance are noted here. However,neither section is part of the SMP. A. 8.52.210—Nonconforming Use. Revisions are made for clarity including addition of a provision that this section does not apply in shoreline jurisdiction'. B. 8.52.220—Variancesfrom Standards. Review standards are revised. This section does not apply in shoreline jurisdiction2. Related amendment The County is also amending Title 15 MCC Development Code to establish a requirement for a shoreline meeting for any proposed development within shoreline jurisdiction3. The shoreline meeting process is informal and distinguished from a pre-application meeting.An unrelated and minor revision is made to the requirements for filing an appeal with the County. Amendment History, Review Process The County prepared a public participation program in accordance with WAC 173-26-090(3)(a)to inform, involve and encourage participation of interested persons and private entities,tribes, and applicable agencieshaving interests and responsibilities relating to shorelines. An important element of the public participation plan is the County's SMP Periodic Review project website4.The Planning Advisory Commission held three workshops in June, July and October 2020 to discuss the proposed SMP Periodic Review and the involvement of the public in the project. Due to the Covid-19 Pandemic, all meetings were held in a virtual format using Zoom. 'See 17.50.110.B.2.a.v(e)which notes section 8.52.210 does not a pply i n shorelinej urisdiction and is replaced with the provisions oftheSMP in MCC17.50.120. 2 See 17.50.110.B.2.a.v(d).In shorelinejurisdiction,a Resource Ordinance variance is processed as a Shoreline Variance. 3 The need for a s horeline meeti ng i s i ncluded i n the SM P i n 17.50.400.A.4.The a mendment to Ti tl e 15 defines the term a nd esta blishes this i n the Cou my permit process. 4 https://www.co.mason.wa.us/community-services/smr)-update/index.php 4 Mason County SMP Periodic Review Initial Determination of Consistency The County used Ecology s Periodic Reviewchecklist of legislative and rule amendments to review amendments to chapter 90.58 RCW and department guidelines, that have occurred since the master program was last amended,and determine if local amendments were needed to maintain compliance in accordancewith WAC 173-26-090(3)(b)(i). The County also reviewed changestothe comprehensive plan and development regulationsto determine if the shoreline master program policies and regulations remain consistent with them in accordance with WAC 173-26-090(3)(b)(ii). The County considered whetherto incorporate any amendments needed toreflect changed circumstances, new information or improved data in accordancewith WAC 173-26-090(3)(b)(iii). The County consulted with Ecology and solicited comments throughout the review process including opportunities to comment on draft materialsin January, February, April and May 2021. Somewhat late in the process, a request to revise the Shoreline Environment Designation(SED)from Conservancy to Rural along the shoreline of two large parcels was received by the County. This request added an additional month and an additional PAC workshop to the County process. The record indicates the County completed a SEPA checklist and issued a Determination of Non- Significance (DNS)on May 13, 2021 for the proposed SMP amendment. Notice of the DNSwas published May 13,2021. The County provided notice to local parties, including a statement that the hearing wasintended to address the periodic review in accordance with WAC 173-26-090(3)(c)(ii). The County's record indicates notice of the hearing was published on June 11,2021 in The Shelton-Mason County Journal. Ecology distributed notice of the joint comment period to state interested partieson May 6,2021. Separate notice,and an invitation to consult, was sent on May6, 2021 to the Squaxin Island Tribe, Skokomish Indian Tribe,and the Port Gamble S'KlallamTribe. The County and Ecology held a joint local/state comment period on the proposed amendments following procedures outlined in WAC 173-26-104. The comment period began on May 13,2021 and continued through June 14, 20215.Ajoint public hearing before the Planning Commission was held virtually via Zoom on June 21,2021 and extended to July 19, 2021. Ecology staff attended both meetings. The County record includes all comments received over the course of the local process, including comments submitted before and during the 30-day public comment period as well as oral comments received atthe hearing.Comments were received from nine organizations/individuals including the Washington Department of Fish and Wildlife (WDFW) and the Skokomish Indian Tribe.The comments address a number of topics including pier and dock standards, data gaps in the 2012 Shoreline Inventory and Characterization Report,the voluntary stewardship program,and required qualifications to prepare a Habitat Management Plan.Other concerns focused on the permitting of geoduck aquaculture, shoreline buffers, sea level rise and climate change,and the impacts of shoreline development. 5 The draft proposal released for public comment included a property-owner request to revi se the SED from Conservancyto Rural for two large parcels alongthe eastern s horeline of Ha mmersley I nlet.The request to revise the SED was withdrawn by the proponents on June 15,2021. 5 Mason County SMP Periodic Review Initial Determination of Consistency Revisions6 proposed by the County in response to comments include: 1. Functional isolation:A definition for "functionally isolated buffer areas"[17.50.020],and new language,requiring that the functional isolation be demonstrated,through a report from a qualified professional [17.50.110.B]are added. 2. Overwaterstructures/piers and docks: Clarification that installation and use of overwater structures must also comply with applicable regulations of otheragencies,including WDFW, is added [17.50.320.8.1]. Newstandardsare added for piers and docks addressing height above the substrate,pier orientation,and an allowance for the exclusion of float stops if approved by WDFW through a Hydraulic Approval [17.50.320.B.2.F]. 3. Shoreline Stabilization—The proposed inclusion of docks as primary structure,which could allow for new shoreline structural stabilization measures is removed. [17.50.340.B.2.a.iii] Revisions made to MCC 8.52 Resource Ordinance include: 1. Voluntary Stewardship Program(VSP) —The omission of references to the VSP in the Resource Ordinance is corrected. [8.52.020,8.52.030,8.52.050.E,8.52.170.F.9] 2. The term"qualified habitat biologist" is replaced with"qualified fish and wildlife professional" consistent with the definition already in the Resource Ordinance. 3. Appendix B—Mitigation Manualfor Common Line Setbacks: Updatesare madethroughout, referencing current source documents and correcting errors. These changes are included in the draft SMP amendment and Resource Ordinance submitted to Ecology for this Initial Determination. The proposed SMP amendments were received by Ecology on July 14,2021 for initial state review. Supplemental materials were received July 22, 2021.The submittal was verified as complete on July 28, 2021.This began Ecology's review and initial determination. Ecology considerotion of comments Ecology reviewed all the comments received during the joint review process along with the County's responses. Finding.Ecologyfinds the County's responses are consistent with the statutory obligations for conducting periodic reviews.Ecology finds the County considered whether to incorporate any amendments to reflect changed circumstances, new information, or improved data,as provided or raised during the comment period. The County determined,and Ecology concurs, that no additional amendments are warranted at this time based upon the significance of this information and the existing SMP provisions'. Additional discussion is provided on a number of the issues raised: Geoduck aquaculture:Concerns around geoduck aquaculture and the SMP permit requirements, particularlythe conversion of existing non-geoduck aquaculture sites to geoduck aquaculture were 6 Non-s ubstantive changes,such as updates to departmental or organization names,and updates to specific document references are not explicitly identified here. WAC173-26-090(3)(b)(iii) 6 Mason County SMP Periodic Review Initial Determination of Consistency raised. Commenters asked for that these conversions require a Shoreline Conditional Use Permit consistent with the SMPs of nearby communities. In addition,commenters requested the County require subsequent cycles of planting and harvest be consistent withthe requirements for a shoreline permit revision. No changesto the SMP are proposed. Finding.Ecologyfinds the County has considered the comments related to geoduck aquaculture and concluded no changes are necessary.The County indicates aquaculture was the subject of much discussion during the Comprehensive SMP Update and deliberate choices were made about permitting geoduck aquaculture.Additionally, the County identified where the SMP addresses shoreline permit revisions. Ecology also finds that WAC 173-26-241(3)(b) requires a shoreline conditional use permit for new commercial geoduck aquaculture while leaving the permitting requirements, for conversion of existing non-geoduck aquaculture to geoduck aquaculture as well as replanting of aquaculture sites, to local government discretion. Functional disconnection, shoreline buffers: Concerns were expressed about proposed language allowing for an automatic conclusion that vegetated areason the upland side of public roads are functionally isolated. It was suggested that in areaswhere roadways are located within the 50-150 ft. saltwater shoreline buffers, the vegetation upland of the road may be even more important as a wildlife corridor and should be protected.A proposed change would clarify the need for a qualified professional to document the functional disconnection. Finding:Ecology finds the County considered these comments and proposed revisions in the SMP which adequately address this concern. Sea level rise and climate change:Commenters suggest it is time to more clearlyaddress sea level rise and climate change in the SMP. Concerns were raised about the impacts of sea level rise on onsite septic systems, the potential for these systems to fail and the potential effects on public health and the shellfish industry. It was suggested sea level rise projections be considered when locating onsite systems. Other comments raised broader concerns related to climate change and sea level rise and impacts to the landscapes of the County as a whole. No changes to the SMP are proposed. Finding. Ecologyfinds the County has considered the comments related to climate change and sea level rise and has declined to make any changes at this time.The County's response acknowledges concerns around this topic and anticipates addressing these issues pending additional guidance from Ecology. Ecology agreesclimate change and related effects are important topics. The agency is actively engaged at the statewide level in work being done on climate change and sea level rise.The Shoreline Management Act(SMA)and the Shoreline Master Program(SMP) Guidelines contain no requirements for SMPs to address climate change or sea level rise. However,they require local jurisdictions to take into account scientific and technical information pertinent to shoreline management issues. The Guidelines require local governments use "the most current,accurate and complete scientific and technical information available"[WAC 173-26-201(2)(a)]. The Guidelines also encourage local governments to consult Ecology's guidance for applicable new information on emerging topics such as sea level rise [WAC 173-26-090(1)].8 s See SMP Handbook AppendixAhtti)s_:1/apps.ecology.wa.gov/publications/parts/1106010part19.pdf 7 Mason County SMP Periodic Review Initial Determination of Consistency Ecology finds addressing these topics within the community, and more specifically in a local SMP, is currently left to the discretion of each city and county. Nonetheless, Ecology is seeing increased interest in discussing these issues. Some communities have chosen to address these issues through other regulatory mechanisms including their zoning code. In most cases,the addition of sea level rise policies and regulations to a master program are a result of a community-wide effort, considering the entire geographyof the place,and not limited to the comparatively narrowshoreline jurisdictional area.This comprehensive approach has led to more fully integrated responses to these risks within and outside of shoreline jurisdiction in those communities. Impactsof shoreline development:A broad set of comments were provided by the Skokomish Tribe raising concerns around the cumulative effects of continued development along shorelines, and within the watershed,which increase impervious surface coverage,affect water quantity,waterquality and contribute to habitat loss including loss of shoreline buffers and vegetation.The proliferation of development leads to a proliferation of structures both upland and in water.Comments suggest this will lead to a permanent and unmitigated loss of habitat.Additionally, the cumulative effects of in/over water structures,including those relatedto aquaculture and mariculture can limit physical access of tribal membersto Usual and Accustomed areas for tribal social and cultural activities,including shellfish harvesting and fin fish/salmon harvesting. Finally, the letter suggests the administrative and regulatory mechanisms (permits and exemptions) allow for permanent development with impactswhich are not effectively mitigated. No changesto the SMP are proposed. Finding.Ecologyfinds the County considered the comments and declined to make any changes to the SMP at this time.The County response noted thatthe Comprehensive SMP Update included the requirement to complete a cumulative impacts and no net loss analysis of the SMP which was approved by Ecology.The County also noted the requirement in the SMP to notify tribes during the permitting process. Ecology staff reached out to staff from the Skokomish Tribe to discuss their comment letter. Ecology acknowledges the concerns expressed by the Skokomish Tribe, and recognizesa number of the issues exceed the limits of regulation by the Shoreline Master Program and the Shoreline Management Act in both geography and regulatory authority.As noted above, Ecology is actively engaged in work on climate change and sea level rise. In addition, State agencies,including Ecology and the Department of Commerce,are working with local governments to identify how to assess effectiveness in the project review and permitting process, as well as in the on-the-ground results, including mitigation monitoring. Ecology also finds the County was required to show how their comprehensively updated shoreline master program will result in no net loss of ecological function when implemented over its planning horizon9. The County concluded, and Ecology agreed in its approval, that the 2017 County SMP met this standard. Ecology also finds RCW 90.58.140(3)provides that local governments shall establish a program, consistent with rules adopted by the department,for the administration and enforcement of shoreline permits. As currently established under the SMA, Mason County has no discretion to eliminate the issuance of shoreline exemptions, substantial development, conditional use and variance permits. 9 Mason County Cumulative Impacts Analysis(2017).This report assessed the cumulative impacts on shoreline ecol ogicalfu nctions from"reasonably foreseeable futu re development"allowed by the SMP. 8 Mason County SMP Periodic Review Initial Determination of Consistency Ecology could not identify specific changes to the Shoreline Master Program to address these concerns but agreesthat continued work is needed across a broad set of topics to address the issues. Summary of Issues Identified by Ecology as Relevant to Its Decision Ecology is required to review all SMPs to ensure consistency with the Shoreline Management Act(SMA) and implementing rules including WAC 173-26, State Master Program Approval/Amendment Procedures and Master Program Guidelines. WAC 173-26-186(11) specifies that Ecology"shall insure that the state's interest in shorelines is protected,including compliance with the policy and provisions of RCW 90.58.020." Based on review of the proposed amendments to the SMP for consistency with applicable SMP Guidelines requirements and the Shoreline Management Act,and consideration of supporting materials in the record submitted by the County, the following issue remains relevantto Ecology's decision on the proposed amendment to the County's SMP. Integration of Critical areas regulations Ecology has identified one required change related to the inclusion of critica l a rea regulations into the SMP by reference.As proposed, the SMP would adopt the Resource Ordinance, codified in MCC 8.52,as amended,into the SMP.Including other documents or regulations by reference requires identification of a specific, dated edition to ensure consistency with WAC 173-26-191(2)(b). The rule goes on to clarify: "If the development regulation is amended,the edition referenced within the master program will still be the operative regulation in the master program.Changing the referenced regulations in the master program to the new edition will require a master program amendment.10" The following changes,in red, are required for consistency withthe SMA(RCW 90.58)and the SMP Guidelines (WAC 173-26): A. 17.50.110 Ecological Protection,Critical Areas, No Net Loss. 2. Critical Areas a.Applicability i. Subject to exceptions listed below, the criticalarea provisions ofthe Mason County Resource Ordinance (MCC 8.52)adopted on August 3rd 1993 as Ordinance Number 77- 93 and lastas-amended thefeakeFonM/DD/YYYYas Ordinance NumberXX-XXare adopted by referenceand shall applywithin shoreline jurisdiction. Finding.Ecologyfinds the County's proposed SMP Amendment would remove the reference to a specific Ordinance and date,and adopt the Resource Ordinance as amended. WAC 173-26-191(2)(b) allows a jurisdiction to include other documents in an SMP by reference but requires identification of a specific, dated edition. If referenced regulations are amended, updating the referenced ordinance requires an SMP amendment. Ecology is required to review the referenced development regulations as part of the master program. For consistency with this requirement,a specific ordinance number and adoption date must be identified in the SMP. Because the County is concurrently revising the Resource Ordinance in the periodic review process, a placeholder inserted. Ecology finds the SMP is consistent io WAC 173-26-191(2)(b). 9 Mason County SMP Periodic Review Initial Determination of Consistency with WAC 173-26-221(2)Critical Areas and WAC 173-26-191(2)(b), subject to the required change identified above. Other Studies or Analyses supporting the SMP amendment Ecology also reviewed supporting documents prepared by the County in support of the SMP amendment.These documents include a public participation plan,a periodic review checklist incorporated into the County's Consistency Review Report,and County staff reports. Consistency with Chopter90.58 RCW The proposed amendments have been reviewed for consistency with the policy of RCW 90.58.020and the approval criteria of RCW 90.58.090(3), (4)and (5). Consistency with applicable guidelines(Chapter 173-26 WAC, Part 111) The proposed amendments have been reviewed for compliance with the requirements of the applicable Shoreline Master Program Guidelines (WAC 173-26-171 through 251,and 173-26-020 definitions). Finding.Ecologyfinds the SMP is consistent with the policy of RCW 90.58.020,the approval criteria of RCW 90.58.090(3),(4)and (5) and the requirements of the applicable Shoreline Master Program Guidelines, WAC 173-26-171 through 251, and 173-26-020, subject to the required change identified a bove. Ecology also finds the proposed revisions are consistent with the policies of the Shoreline Management Act and the SMP Guidelines, including WAC 173-26-241 Shoreline Uses. The SMP has established a system of use regulations,ensuring SMP provisions concerning development of property protect the public's health,safety and welfare,as well as the land and its vegetation and wildlife (WAC 173-26- 241(2)(a)(ii)), giving preference to water-dependent uses and water-related uses,and defining uses and development that require shoreline conditional use permits. Ecology also finds the SMP Guidelines allow for discretion by local government when establishing the permit requirements for certain uses such as conversion of geoduck aquaculture(WAC 173-26-241(3)(b)(iv). Consistency with applicable shoreline permit administration provisions The proposed amendments have been reviewed for compliance with the requirements of RCW 90.58.140 and WAC 173-27. Finding.Ecologyfinds the proposed amendment is consistent with the policies of the Shoreline Management Act and the SMP Guidelines, including WAC 173-26-191(2)(a)(iii) Administrative provisions and WAC 173-27 Shoreline Management permit and enforcement procedures. INITIAL DETERMINATION The following constitutes Ecology's written statement of initial concurrence,consistent with WAC 173-26-104(3)(b)(ii): After review by Ecology of the complete record submitted, Ecology has determined that the County's proposed periodic review amendment,subject to and including Ecology's required change(shown above), is consistent with the policy and standards of RCW 90.58.020and RCW 90.58.090 and the applicable SMP guidelines (WAC 173-26-171 through 251 and .020 definitions). 10 Mason County SMP Periodic Review Initial Determination of Consistency Next Steps • Consider the change identified by Ecology in the Initial Determination. Please let me know if you would like to discuss alternative language ora different approach for this issue. • If this issue is resolved prior to local adoption, we anticipate being able to approve your SMP Periodic Review amendment afterformal submittal is provided consistent with WAC 173-26- 110. 11 MASON COUNTY COMMUNITY SERVICES Building,Planning,Envirmmernal Health,C—unity Heahh Shoreline Master Program Periodic Review 2020-2021 I CONSISTENCY REVIEW Introduction Periodic Review of the County's Shoreline Master Program is required per the Shoreline Management Act(RCW 90.58); conducted according to the processes outlined in WAC 173-26.This review is intended to keep SMPs up to date with amendments to state law, provide consistency between SMPs, comprehensive plans, and development regulations, and incorporate improved data and clarifications that aid in the implementation of the regulations, as well as greater accessibility of the Program to the public. Mason County includes 217 miles of marine shoreline, 343 miles of river(greater than 20 cfs)shoreline, and 149 miles of lakeshore(20 acres or greater).As required by RCW 90.58,the Mason County Shoreline Master Program regulates the use and development of these waters as well as the associated "shorelands",which are lands within two hundred (200)feet of the Ordinary High Water Mark(OHWM), including floodways and floodplains,and associated wetlands. A comprehensive list and summary of these shorelines of the state can be found in the Mason County Final Draft Shoreline Inventory and Characterization Report, as well as MCC 17.50.060. The Consistency Review document is broken into five sections and are outlined as follows: 1) Analysis of the consistency between the Mason County SMP and amendments to state law from 2007 to 2019 as summarized in the Washington State Department of Ecology's Periodic Review Checklist. 2) Analysis of the consistency between the Mason County Resource Ordinance and updated guidance from the Department of Ecology. 3) Analysis of the consistency between the Shoreline Master Program and the Comprehensive Plan and other development regulations beside the Resource Ordinance. 4) Analysis of issues found by staff since the 2017 SMP comprehensive update that could be addressed in order to create a more effective and clear regulating document. 5) Analysis of Development Code to provide clarifications to application process. Mason County SMP Periodic Review 2021 Consistency Review Report Highlighted items within the document indicate draft amendments proposed by staff since the last public meeting on 06.21.21. 1 Consistency with State law Table 1-1 below is the Periodic Review Checklist provided by the Department of Ecology summarizing amendments to state law adopted between 2007 and 2019. Since the Mason County Shoreline Master Program comprehensive update was adopted in 2017,there are very few mandatory updates that need to be made in this periodic review update cycle.The Department of Ecology has requested that the County fill out the checklist starting at 2007 for this round of periodic reviews. Table 1-1 Summary of consistency with State law and necessary revisions Row Summary of change Review Action 2019 a. OFM adjusted the cost threshold 2017 SMP includes reference Amending sections for building freshwater docks to previous$20,000 threshold 17.50.400.B.1.h.ii(a)and for replacement docks (of 17.50.400.B.1.h.ii(b)to equal or lesser square reflect new inflation footage) and previous$10,000 adjusted amount of threshold for all other docks. $22,500 and $11,200 respectively. b. The Legislature removed the Not applicable, Mason County N/A requirement for a shoreline is not one of the nine permit for disposal of dredged jurisdictions that this materials at Dredged Material requirement applies to. Management Program sites (applies to 9 jurisdictions) C. The Legislature added restoring 2017 SMP already referenced No Action Necessary. native kelp,eelgrass beds and that fish habitat enhancement Addressed during native oysters as fish habitat projects shall be approved comprehensive 2017 enhancement projects. pursuant to chapter update, 17.50.400.B.1.p 77.55RCW 2 Mason County SMP Periodic Review 2021 Consistency Review Report 2017 a. OFM adjusted the cost threshold Incorporated into 2017 SMP No Action Necessary. for substantial development to Addressed during $7,047. comprehensive update. MCC 17.50.400.B.1.a b. Ecology permit rules clarified the Incorporated into 2017 SMP No Action Necessary. definition of"development" Addressed during does not include dismantling or comprehensive update removing structures. in definitions 17.50.020 C. Ecology adopted rules clarifying Incorporated into 2017 SMP No Action Necessary. exceptions to local review under Addressed during the SMA. comprehensive update. 17.50.060.E, 17.50.060.F, & 17.50.060.G Also, per Ecology guidance remove 17.50.400.13.1.1 "Any project with a certification from the governor pursuant to RCW Chapter 80.50." This is properly located in 17.50.060 and is not an exemption. d. Ecology amended rules clarifying Incorporated into 2017 SMP No Action Necessary. permit filing procedures Addressed during consistent with a 2011 statute. comprehensive u pdate.17.50.400.C.2.d, 17.50.400.C.2.e, 17.50.400.C.2.g e. Ecology amended forestry use Incorporated into 2017 SMP No Action Necessary. regulations to clarify that forest Addressed during practices that only involves comprehensive update. timber cutting are not SMA 17.50.220.A.1 and "developments" and do not 17.50.220.B.4 require SDPs. f. Ecology clarified the SMA does Incorporated into 2017 SMP No Action Necessary. not apply to lands under Addressed during exclusive federal jurisdiction comprehensive update 17.50.060.0 g. Ecology clarified "default" 2017 SMP clarified existing No Action Necessary. provisions for nonconforming provisions for non-conforming Addressed during uses and development. uses and development comprehensive update. Definitions were updated to include 3 Mason County SMP Periodic Review 2021 Consistency Review Report legal, non-conforming lot in addition to non- conforming development (17.50.020). 2017 SMP created chapter 17.50.120 further clarify Non-conforming structures, use, and lots. h. Ecology adopted rule Incorporated into 2017 SMP No Action Necessary. amendments to clarify the scope Addressed during and process for conducting comprehensive update. periodic reviews. 17.50.040 L Ecology adopted a new rule 2017 SMP Chapter 17.50.040 No Action Necessary. creating an optional SMP Comprehensive Review and Comprehensive update amendment process that allows Amendments does not does not have any for a shared local/state public prevent this option from being requirements that comment period. utilized would dis-allow a joint comment period with Ecology 1• Submittal to Ecology of proposed 2017 SMP does not address No amendments to SMP SMP amendments. the details of the SMP needed. submittal process, relies on state rule 2016 a. The Legislature created a new Incorporated into 2017 SMP No Action Necessary. shoreline permit exemption for Comprehensive update retrofitting existing structure to addressed this comply with the Americans with exemption and Disabilities Act. incorporated the example exemption language into its list of exemptions from SDP requirements, 17.50.400.B.q b. Ecology updated wetlands Incorporated into 2017 SMP. No Action Necessary. critical areas guidance including County's 2017 Critical Areas Comprehensive update implementation guidance for the Ordinance amended by Ord. adopted CAO by 2014 wetlands rating system. 51-17 incorporated Ecology's reference. new rating system 17.50.110.B.2.a.i 2015 a. The Legislature adopted a 90-day SMP does not address the No Action Necessary. target for local review of review of WSDOT projects. Washington State Department of County will rely on state laws Transportation (WSDOT) and rules. projects. 4 Mason County SMP Periodic Review 2021 Consistency Review Report 2014 a. The Legislature created a new SMP has a definition for Clarify the definition for definition and policy for floating Floating Home that is Floating Home and on-water residences legally confusing and combines Floating On Water established before 7/1/2014. elements of Floating Homes Residence,as well as and Floating On Water include FOWRs within Residences. the regulation MCC 17.50.255.B.1. Language prohibiting new over water construction already exists. 2012 a. The Legislature amended the SMP does not clarify SMP No Action Necessary. SMA to clarify SMP appeal appeal process. County will procedures. rely on state laws and rules. 2011 a. Ecology adopted a rule requiring Incorporated into 2017 SMP No Action Necessary. that wetlands be delineated in by adopted reference to the Addressed in accordance with the approved CAO comprehensive update. federal wetland delineation manual. b. Ecology adopted rules for new Incorporated into 2017 SMP. No Action Necessary. commercial geoduck Definition (MCC aquaculture. 17.50.020) consistent with WAC 173-26-020(6) &WAC 173-26- 241(3)(b)(i)(A). MCC 17.50.210.B.3. Mason County does not require CUPS for the conversion of existing aquaculture to geoduck. c. The Legislature created a new Incorporated in 2017 SMP, but Clarify and differentiate definition and policy for floating definition combines elements definition from floating homes permitted or legally associated with floating on water residence. established prior to January 1, homes and floating on water Definition 17.50.020, 2011. residences chapter 17.50.120 Existing Structures, Uses and Lots, chapter 17.50.255.A.2 and 17.50.255.B.1. in past, PAC decided on addressing and calling floating homes "legal non-conforming"which provides for the same 5 Mason County SMP Periodic Review 2021 Consistency Review Report allowances as outlined in the law for a "conforming preferred use". d. The Legislature authorizing a new Incorporated in 2017 SMP No Action Necessary. option to classify existing Addressed in structures as conforming. comprehensive update MCC 17.50.120 pg 49 2010 a. The Legislature adopted Growth Incorporated in 2017 SMP MCC 17.50.110.13.2. Management Act—Shoreline Management Act clarifications. 17.50.040.13 indicates amendments don't become effective until approved by the Dept. of Ecology,as required under RCW 90.58.190. Correct reference would be RCW 90.58.090. Revise to reflect in current update. 2009 a. The Legislature created new SMP does not clarify these No Action Necessary. "relief' procedures for instances relief procedures. County will in which a shoreline restoration rely on state laws and rules. project within a UGA creates a shift in Ordinary High Water Mark. b. Ecology adopted a rule for Incorporated into 2017. CAO No Action Necessary. certifying wetland mitigation adopted by reference Addressed in banks. comprehensive update. Wetland mitigation banking located in CAO 8.52.140(F)(5)(d) C. The Legislature added moratoria Moratoria provisions are not No action necessary authority and procedures to the required in the SMP and the SMA. County will rely on WAC 173- 27-085, if such provisions are utilized 2007 a. The Legislature clarified options Incorporated into 2017 SMP No Action Necessary. for defining"floodway" as either Addressed in the area that has been comprehensive update. established in FEMA maps,or the 17.50.020 definitions. floodway criteria set in the SMA. 6 Mason County SMP Periodic Review 2021 Consistency Review Report Used FEMA maps to define the floodway. b. Ecology amended rules to clarify Incorporated into 2017 SMP. No Action Necessary. that comprehensively updated Addressed in SMPs shall include a list and map comprehensive update. of streams and lakes that are in Table 17.50.060-A, shoreline jurisdiction. 17.50.060-B, 17.50.060- C.And adoption of updated Shoreline Environmental Designations Map C. Ecology's rule listing statutory Incorporated into 2017 SMP No Action Necessary. exemptions from the Addressed in requirement for an SDP was comprehensive update. amended to include fish habitat 17.50.400.B.1.p enhancement projects that conform to the provisions of RCW 77.55.181. 2 Critical Areas Resource Ordinance Consistency The current SMP adopts the Mason County Resource Ordinance MCC 8.52, last amended and adopted on September 19, 2017 as Ordinance No. 51-17, by reference and states that its provisions shall apply within shoreline jurisdiction, exceptions as noted in MCC 17.50.110.B.2. Because the Resource Ordinance and comprehensive update of the SMP were performed concurrently,few revisions are projected besides those that incorporate updated guidance on wetland habitat scores and revisions currently suggested by staff to aid in clarification. Table 2-1 Consistency of SMP and Critical Areas Resource Ordinance # Issue Review Recommendation 1 2018 Department of Ecology modified their Update the wetland buffer Ecology wetland buffer wetland buffer habitat scores tables in the CAO MCC guidance 8.52.110 to reflect Ecology's new guidance. SMP revision should include new reference to an amended CAO. 2 Current Resource The SMP does address this Recommendation: Ordinance Wetlands issue in MCC 17.50.110.B.2.b.ii Add same language to Chapter does not address Wetlands Chapter of the RO 7 Mason County SMP Periodic Review 2021 Consistency Review Report how legally established "Unless otherwise specified, under 8.52.110(E)(2)(a) paved roads or hardened buffers shall be maintained in Wetland Buffers. Create surfaces affect the predominantly natural, section iv. under the above regulation of wetlands undisturbed, undeveloped and reference with the following and their buffers.This vegetated condition. language: section does not apply to Regulated buffers shall not Regulated buffers shall not driveways and surfaces extend across lawfully extend across lawfully such as patios. established paved roads or established paved public roads hardened surfaces to include to areas which are functionally include areas which are isolated from the critical functionally isolated from the area." critical area. Note:See No.2 under section MCC 17.50.110 for two options regarding this language 3 Currently the FWHCA MCC 8.52.170(E)(1)(b)An Recommendation: Chapter of the RO uncovered deck or pervious MCC 8.52.170(E)(1)(b)An indicates the 200 sf deck patio may be constructed up uncovered deck or pervious allowed fifteen feet to fifteen (15)feet waterward patio may be constructed up waterward of the of the setback provided it to fifteen (15)feet waterward standard setback or does not exceed 200 square of the setback provided it common line setback is feet and the deck floor is no does not exceed 200 square limited to 12 inches more than one foot above feet above the ground. Many average grade. Guard railings Mere than A-Re feet above applicants want second along the perimeter of the aveFage OFade. Guard railings story decks and the decks are limited to 36 inches along the perimeter of the environmental impact is in height. decks are limited to 36 inches no more than allowing 12 in height. inches off the ground. 4 In regard to the changes MCC 8.52.170(E)(4)(j)(iv)d. Recommendation: proposed for upward Except for overwater MCC 8.52.170(E)(4)(j)(iv)d. expansion in the SMP, structures, legally established Except for overwater the RO would also have residences may be expanded structures, legally established to be revised for by addition of space above the residences may be expanded consistency. existing building footprint up by addition of space above the to authorized heights. Upward existing building footprint up expansions shall minimize to authorized heights. Upward impacts to existing views and expansions shall minimize FWHCA's to the greatest impacts to existing views and extent practical. For the FWHCA's to the greatest purposes of this subsection, extent practical. For the footprint does not include purposes of this subsection, covered or uncovered decks, footprint does not include boat houses,sheds or other covered decks on waterward appurtenances. side of residence,of uncovered decks, boat 8 Mason County SMP Periodic Review 2021 Consistency Review Report houses,sheds or other appurtenances. 5 Clarification that the MCC 8.52.210(B) Standards Recommendation: regulations in the RO Currently has the following: In order to make the RO regarding Non- Note:(8)(2)does not apply to clearer that 8.52.210 does not Conforming Uses do not the reduction of setbacks on apply to non-conforming uses apply in shoreline lakes and saltwater via the and development within jurisdiction.The current "common line"or"average" shoreline jurisdiction, as language is not as clear. setback of adjacent residences 17.50.110.B.2.a(e)states outlined in the FWHCA revise 8.52.210 to delete the Chapter(MCC 8.52.170). following: MCC 17.50.110.B.2.a(e)states the reduetieg ^f etbGeks en the following:MCC 8.52.210 h^k^,;^^d rogiti igter Wig the regarding non-conforming use "E ^ 'i^^"^r-"gver-^^^" and development'shall setbGek^wide^^^*Fesid^^�^s instead be subject to MCC e_utli^^e'in the F"CA 17.50.120 within shoreline GfiepteF(44GG 8.152. jurisdiction. And add section (4) [8.52.210(B)(4)] MCC 8.52.210 does not apply in shoreline jurisdiction,see MCC 17.50.120. 6 Inclusion of ponds in 8.52.170(E) Recommendation: FWHCA's chapter under (2) Setbacks on Lakes 8.52.170(E)(2) Setbacks on Lakes Smaller than 20 Acres. (2) Setbacks on Lakes smaller than 20 acres is Lakes and ponds under twenty Smaller than 20 Acres. confusing because acres that are not regulated as Lakes and peRds under twenty "ponds less than 20 wetlands and that do not have acres that are not regulated as acres" are designated in critical habitat for listed wetlands and that do not have the wetlands chapter, as species of local importance critical habitat for listed wetlands already. shall have buffers of thirty-five species of local importance feet with an additional fifteen- shall have buffers of thirty-five foot structure setback. feet with an additional fifteen- foot structure setback. 7 The requirement of a 8.52.170(E)(4)(j)(iii) Planning Department is Habitat Management (iii) *To further reduce the recommending that when Plan submittal to the impacts of existing combining the footprints of Department in 8.52.170 development,the footprint of existing legally established (E)(4)(j)(iii)for combining existing legally established structures per footprints of legally structures within the FWHCA 8.52.170(E)(4)(j)(iii),that only established structures or its buffer may be combined a Common Line Mitigation and siting them in the into one footprint area equal Plan be required rather than a most landward footprint to or lesser than the original Habitat Management Plan. of the legally established area, provided that: Recommendation: residence or garage is 9 Mason County SMP Periodic Review 2021 Consistency Review Report contradicted in an earlier a. The combined (iii) *—To further reduce section 8.52.170(D)(4)(i). footprint proposed shall be the impacts of existing HMPs are not a submittal located in the site of legally development,the footprint of requirement and the established residences and existing legally established owner drafted Common garages most distant from or structures within the FWHCA Line Mitigation Plan less intrusive to the FWHCA or or its buffer may be combined (CLMP)can be submitted buffer, and the other into one footprint area equal instead following the structures nearer to the to or lesser than the original guidelines of Appendix B FWHCA shall be removed from area, provided that: of the Resource the FWHCA or buffer; and a. The combined Ordinance. b. For the purpose of this footprint proposed shall be section,footprint does not located in the site of legally include uncovered decks and established residences and patios. garages most distant from or less intrusive to the FWHCA or buffer, and the other structures nearer to the FWHCA shall be removed from the FWHCA or buffer; and b. For the purpose of this section,footprint does not include uncovered decks and patios. C. A Common Line Mitigation Plan(CLMP) as outlined in Appendix B of this Resource Ordinance shall be prepared and submitted to the County. 8 The Planning Department 8.52.170(E)(4)(j)(iv)c.11. The Planning Department is is recommending *The structural footprint may recommending Common Line Common Line Mitigation be moved within the subject Mitigation Plans rather than Plans rather than Habitat parcel and may change in Habitat Management Plans for Management Plans for shape provided: existing footprints that are existing footprints that I. The modification does moved landward,this does are moved landward,this not increase any intrusion into not apply to increases in does not apply to the FWHCA or its buffer or footprint. increases in footprint. setback and provided its Recommended: conformity with property line C. *The structural setback requirements (per the footprint may be moved Development Regulations) is within the subject parcel and increased to the maximum may change in shape extent practicable; provided: II. Unless recommended I. The modification does otherwise by a fish and not increase any intrusion into wildlife habitat professional or the FWHCA or its buffer or a by the author of a setback and provided its geotechnical report(per MCC conformity with property line 10 Mason County SMP Periodic Review 2021 Consistency Review Report 8.52.140), any remaining setback requirements (perthe structural components (such Development Regulations)is as a foundation)shall be increased to the maximum removed from an abandoned extent practicable; footprint. (* The Habitat II. Unless recommended Management Plan shall otherwise by a fish and include enhancement of the wildlife habitat professional or abandoned footprint with a by the author of a riparian vegetation (upland of geotechnical report(per MCC the OHWM only) as well as 8.52.140),any remaining mitigation for the new structural components (such footprint;and as a foundation)shall be III. For overwater removed from an abandoned construction such as docks, a footprint. (*The Habitat footprint may not be moved Management Plan or Common to a location where there is Line Mitigation Plan when documented submerged allowed per aquatic vegetation and forage 8.52.170(E)(4)(j)(iv)c.IV. shall fish spawning areas. include enhancement of the abandoned footprint with riparian vegetation (upland of the OHWM only) as well as mitigation for the new footprint;and IV. Movement of the existing footprint landward will require a Common Line Mitigation Plan to be prepared and submitted to the County, as outlined in Appendix B of this Resource Ordinance. 9 Currently the RO only 8.52.170(E)(4)(m) Recommendation: allows new or expanded (m) *Utilities. Placement (m) *Utilities. Placement septic systems within the or expansion of utilities or expansion of utilities setback when there is an pursuant to the following pursuant to the following existing building.This standards: standards: would make it impossible (i) Wells,water lines, (i) Wells,water lines, to obtain reasonable use and sewer lines and septic systems, and sewer of a parcel in many cases associated pumps and lifts are lines and associated pumps where the parcel was not permitted in FWHCA's but and lifts are not permitted in created prior to the may be permitted within FWHCA's but may be adoption of this setbacks (without a Variance) permitted within setbacks Ordinance. only when no practicable or (without a Variance)only reasonable alternative when no practicable or location is available and it reasonable alternative meets state and local health location is available and it codes. meets state and local health 11 Mason County SMP Periodic Review 2021 Consistency Review Report (ii) Construction and codes.When encroachment expansion of on-site sewage into the buffer requires systems are not permitted in removal of native vegetation, FWHCA's but may be an HMP shall be required. permitted within the setback without a Variance, provided expansien of 9R site sewage that the applicant systems aFe not peFmitted k demonstrates it is to serve an PWWC-_^'r but may be existing building and use and PeFFAitted Withi^*hP__et_haGk that the expansion is A*hA,,t a VariaRee, PFeYided necessary to meet state that the appl+ and/or local health code die-^,^^-strates it;s to requirements. existing building and use and that the expansieR is neeessaFy to meet state 10 Resource Ordinance Non- 8.52.210(B) Recommendation: Conforming Uses chapter (2) A reduction in the 8.52.210(B) has an allowance for the setback and/or buffer (2) A reduction in the reduction of the setback requirements may be setback and/or buffer without a variance considered for a requirements may be process, not applicable to nonconforming lot A considered for a shoreline jurisdiction reduction of setback shall be nonconforming lot when outlined by the SMA. approved only if: accompanied with a Mason These types of reductions (a) The reduction of Environmental Permit and are regulated under the setback and/or buffer is Habitat Management Plan. A RO and would require an necessary in order to achieve reduction of setback shall be MEP and HMP, as reasonable use of the land, approved only if: outlined in 8.52.170. and that it is the minimum (a) The reduction of Additional clarity is reduction of setback and/or setback and/or buffer is needed here for the buffer which accomplishes this necessary in order to achieve purposes of purpose; and reasonable use of the land, implementation and (b) The proposed and that it is the minimum accessibility. reduction of setback and/or reduction of setback and/or buffer is compatible with the buffer which accomplishes character of surrounding this purpose;and permitted uses, and shall not (b) The proposed adversely affect efficient and reduction of setback and/or safe traffic circulation; and buffer is compatible with the The burden of establishing the character of surrounding above-listed criteria for permitted uses, and shall not setback and/or buffer adversely affect efficient and reductions is upon the safe traffic circulation;and applicant. The burden of establishing the above-listed criteria for setback and/or buffer 12 Mason County SMP Periodic Review 2021 Consistency Review Report reductions is upon the applicant. 11 MCC 8.52.220 Variance Existing MCC 8.52.220(E) Recommended: from Standards section (E) Review Standards. (E) discusses the criteria (E) Review Standards. See Mason County Code beyond the review See Mason County Code 15.09.057 for the review criteria found in MCC 15.09.057 for the review criteria. 15.09.057 that criteria. In addition to the review establishes reasonable In addition to the review criteria in Mason County Code use for a residence in a criteria in Mason County Code 15.09.057,the minimurn residentially zoned area. 15.09.057,the minimum reasonable use for a residence The current version is reasonable use for a residence in a residentially zoned area complicated and time in a residentially zoned area shall be defined by the consuming for both the shall be defined by the lesser of(a)feet„„^.,.^„t of the applicant and the of(a)forty percent of the area a maximum of planner. It also defines of the lot, or(b)two thousand three twe thousand 4ve reasonable use as the five hundred fifty square feet. h��r.�„ar^a�T square feet. lesser of two options. (1) Included in the total (1) Also,for the general allowed area for a residence is -a"ei.ve ' aar fer r^-s'd'^^^^ public,the term (a)the area of the first floor of (a`the aF of the first flee;F- f "minimum reasonable the residence, (b)the area of the Fesid^„^„ (b)the aF f use" is confusing. any covered or uncovered any eeYeFed or--ine-eve-Fed- Though the following decks or patios proposed, deeks 9F paties pFepesed, recommendation states except for the area of landings emeept feF the .,. ^f lands„ 3000sf as the maximum at entrances of a minimum square footage allowed size to meet building code soze t^ meet building eede when asking for requirements, (c)the area of FequiFements, (,.)the aF f reasonable use, roof overhangs greater than development may be two feet, and (d)the area of twe feet and (d)the aF f further restricted by any living space or decks on requirements such as any floor other than the first side and front setbacks floor that extend beyond the as well as impervious lot walls of the first floor unless y_--alls; of the forSt flee. coverage restrictions. its area is already included in (b)or(c) above, and (d)the , area of any accessory ^f any aeeesseFy structure.The area should be -strue- -re The should- h the same as the area covered the e a s the^ ^a by structures as seen in a by St..,,.WFes birds-eye view of the site birds eye view of the site looking directly down,with ,with the exceptions of not counting the exceptions, ^f„Atr.AR*iMR9 the roof overhangs of not the ropf everhangs of not more than two feet and of not counting the landings at r=GyRtiRg the IandiRgs at entrances of a minimum size o^tra^r^c; ^f ; m 13 Mason County SMP Periodic Review 2021 Consistency Review Report to meet building code ernents. Included in the requirements. total allowed area is the area (2) This provision does of the residence and the area not allow wetlands or Fish and of any accessory structure as Wildlife Habitat Conservation seen in a bird's eye view of Areas or their buffers to be the site looking directly down. converted to lawn or (2) This provision does residential landscaping. not allow wetlands or Fish and Wildlife Habitat Conservation Areas or their buffers to be converted to lawn or residential landscaping. Appendix B(Common Line Mitigation Manual) 1 Fix minor typos and Located throughout Appendix Recommended: scrivener's errors. B Revise text to improve clarity Update resource section and flow and applicable webpages. 2 Currently the manual Page 3: Uncovered Deck Page 3: Uncovered Deck references the decks Allowance: Up to 200 square Allowance: Up to 200 square allowed in the 15 foot feet of uncovered deck may feet of uncovered deck may building setback as only project up to 15 feet project up to 15 feet allowed at 12" above the waterward of the common waterward of the common ground. Needs to be line, provided the floor is no line, IpFevided the flaeF is Re consistent with revisions more than one foot above me—re than A-Re feet above to RO grade. A guard railing shall not grade.A guard railing shall not exceed 36" in height. exceed 36" in height. 3 Section VII. Common Line Existing text: Recommendation: Mitigation Plan (CLMP) The percentages of mitigation The percentages of mitigation gives instructions on that you prefer for each size that you prefer for each size what is required on the two pages to be category(note: higher category(note: higher submitted to the densities are required for densities are required for plants that reach smaller plants that reach smaller planning department to heights at maturity). Round to heights at maturity). Round to satisfy as the CLMP.This the nearest 5%. Letters a,b the nearest 5%. Letters a, b section has an error in and c shall total to at least 25% and c shall total to at least 25% reference to another and 1-6 shall total to 100%. and 4-6 a-f shall total to 100%. section of the Appendix B This second page should also and also needs to specify include the name and the that the second page of the requirement should quantity of each plant proposed. list the number of each plant used in the mitigation plan. Miscellaneous 14 Mason County SMP Periodic Review 2021 Consistency Review Report 1 Fix minor typos, Located throughout RO Recommended: grammar,spelling, Revise text to improve clarity scrivener's errors in SMP and flow 3 Consistency of SMP with Comprehensive Plan and Other Development Regulations Based on a review of the 2016-2036 Mason County Comprehensive Plan,Shoreline Master Program, and development regulations,there are no major inconsistencies found in the Comprehensive Plan or other development regulations. 4 Other Issues or Recommendations The following recommendations from staff are primarily to aid in clarification and implementation of the SMP and the permitting process. Table 4-1 Other Issues or Recommendations # Issue Review/SMP Location Recommendation Definitions 1 Development definition is too broad for portable MCC 17.50.020 Recommendation: Either use structures in the buffer Development. A use the statutory language for consisting of the construction the definition or elaborate on or exterior alteration of the criteria of siting a piece of structures; dredging;drilling; portable equipment. dumping;filling; removal of any sand,gravel or minerals; bulkheading; driving of piling; Statutory Definition:A use placing of obstructions;or consisting of the construction any project of a permanent or exterior alteration of or temporary nature which structures; dredging; drilling; interferes with the normal dumping;filling; removal of public use of the surface of any sand;gravel,or minerals; the waters overlying lands bulkheading; driving of piling; subject to the Act at any placing of obstructions;or stage of water level. Siting a any project of a permanent piece of equipment on the or temporary nature which ground,such as a portable interferes with the normal 15 Mason County SMP Periodic Review 2021 Consistency Review Report bar-b-que, is not public use of the surface of "development" if the action the waters overlying lands meets the following criteria: subject to the act at any stage of water level. • It involves no Development does not construction on site. include dismantling or removing structures if there • It is not permanently is no other associated affixed to the ground development or re- or other surface or development. platform. OR • It does not require a building permit, (Note:PAC agreed to use the mechanical permit, following definition at their or plumbing permit. 2.22.21 meeting) • It is not located at or Development. A use waterward of the consisting of the construction ordinary high water or exterior alteration of mark. structures; dredging; drilling; dumping;filling; removal of • It does not include any sand, gravel or minerals; any of the actions bulkheading; driving of piling; listed in the placing of obstructions;or definition for any project of a permanent "development". or temporary nature which • It is subject to the interferes with the normal SMP vegetation public use of the surface of requirements. the waters overlying lands subject to the Act at any • It is not a stage of water level. containerized storage Development does not unit. include dismantling or removing structures if there is no other associated development or re- development. Siting a piece of equipment on the ground, such as a portable bar-b-que, is not"development" if the action meets all the following criteria: • It involves no construction and/or assembly on site. 16 Mason County SMP Periodic Review 2021 Consistency Review Report • It is not permanently affixed to the ground or other surface or platform. • It does not exceed four(4)feet in height. • It does not require a building permit, mechanical permit, or plumbing permit. • It is not located at or waterward of the ordinary high water mark. • It does not include any of the actions listed in the definition for "development". • It does not require removal of native vegetation is subjeet toter Retat•e it : „t ,t ed st t►ric 2 Floating Home definition confuses what a floating MCC 17.50.020 Use state recommended home is and what a floating Floating Home.Any floating language for definition on water residence is by combining the definition of structure that is designed,or Floating Home.A single both within the existing has been substantially and family dwelling unit Floating Home definition. structurally remodeled or constructed on a float,that is redesigned,to serve moored,anchored,or primarily as a residence. otherwise secured in waters Floating houses include and does not qualify as a house boats, house barges, vessel per WAC 332-30-106, or any floating structures that serve primarily as a 17 Mason County SMP Periodic Review 2021 Consistency Review Report residence and do not qualify though it may be capable of as a vessel per WAC 332-30- being towed. 106,though it may be capable of being towed. 3 Floating On Water Residence is missing from Add definition to MCC Use state recommended the definitions and within 17.50.020 language for definition. the applicable residential regulations Floating On Water Residence.Any floating structure other than a floating home, as defined by this chapter: (a)that is designed or used primarily as a residence on the water and has detachable utilities; and (b)whose owner or primary occupant has held an ownership interest in space in a marina,or has held a lease or sublease to use space in a marina,since a date prior to July 1, 2014. 4 Clarity regarding what the County considers as Add definition to MCC Legally Established or "legally established or 17.50.020 Constructed Structure, Use, constructed structure, use, and/or Lot. Having obtained and/or lot" the necessary permits or having been placed prior to the need for such permits. 5 Definitions for "grandfathered structures MCC 17.50.120 Existing, lawfully „stFuete and use" and "Non- Deletion of grandfathered 54H6WFeS (and flBat:„ conforming Development" hem es)that.de Ret Meet the are the same and structures development standards ef redundant And this o.,,,..aFq 0„,.lUdiAgth.,So Grandfathered uses Definition for"legal non- conforming development" provides same allowances as gfandfathere6. grandfathered uses and structures Gr.2R f2th,,.ea I kar.- Exist*Rg, lawfully established 18 Mason County SMP Periodic Review 2021 Consistency Review Report uses (and fleating hemes) that de net meet the use and e st'" ReR ato .,t g ",dfath.FeEl 6 Redundancy of Legal, Non- Legal, NGR GGAfGFMiRg Conforming Lot and Legal, MCC 17.50.020 AR undeveloped l9t,tFaGt, Non-Conforming Deletion of Legal Non- Development which Conforming Lot ;.ghich""`P#ahlkhPd includes lots in the definition Pffpeti.,o date Of this PFOg.-�., pFesent County lat size .,#andard6 7 Current definition of"Non- Additional clarification may conforming Development' MCC 17.50.020 be needed within the implies that all non- Definition should be labeled following definition: conforming development „ was legally Legal, Non-Conforming Legal, Non-Conforming Development" ment-A shoreline Development p use,structure or lot which was lawfully constructed or established prior to the effective date of the Act,or the Master Program,or amendments thereto, but which does not conform to present regulations or standards of the Program or policies of the Act. 17.50.110—Ecological Protection,Critical Areas, No Net Loss 1 Update to indicate that the Recommended: amended Mason County 17.50.110.B.2.a.i Resource Ordinance is 19 Mason County SMP Periodic Review 2021 Consistency Review Report adopted within the SMP by i. Subject to exceptions reference. i. Subject to exceptions listed below,the critical area listed below,the critical area provisions of the Mason provisions of the Mason County Resource Ordinance County Resource Ordinance (MCC 8.52) adopted on (MCC 8.52) adopted on August 3rd 1993 as August 3rd 1993 as Ordinance Number 77-93 and Ordinance Number 77-93 and last amended on September 44 as amended thereafter 19, 2017 as Ordinance eR Septe.v bei:19, 2017 as Number 51-17 are adopted Ord*nanrp N,,.. bei:5+ 1� are by reference and shall apply adopted by reference and within shoreline jurisdiction. shall apply within shoreline jurisdiction. 2 Clarification needed that Recommended: regulated buffers do not 17.50.110.8.2..b.ii ii. Unless otherwise extend across legally established public roads ii. Unless otherwise specified, buffers shall be and that it doesn't include specified, buffers shall be maintained in predominantly maintained in predominantly natural, undisturbed, driveways and other natural, undisturbed, hardened surfaces that undeveloped and vegetated may have been added undeveloped and vegetated condition. Regulated buffers within a buffer. condition. Regulated buffers shall not extend across shall not extend across lawfully established paved lawfully established paved roads or hardened surfaces public roads t;r h;;rdeeed to include areas which are &u4aces-to include areas functionally isolated from the which are functionally critical area. isolated from the critical area. Or Unless otherwise specified, buffers shall be maintained in predominantly natural, undisturbed, undeveloped and vegetated condition. Regulated buffers shall not extend across lawfully established public paved roads and hardened surfaces to include areas which are functionally isolated from the critical area. Buffer reductions under this provision are allowed only when the functional 20 Mason County SMP Periodic Review 2021 Consistency Review Report disconnection has been documented through a report by a qualified professional that demonstrates the area is functionally isolated.The County shall consider the hydrologic,geologic,and/or biological habitat connection potential and the extent and permanence of the physical separation. Note:Two options presented for PAC review after comment from citizen at 6.21.21 Public Hearing 17.50.120—Existing Structures, Uses,and Lots 1 Grandfathered residences 17.50.120.1.d Except for Recommendation: are allowed to expand overwater structures, Change last sentence to read, upward, but the current grandfathered residences "For the purposes of this regulations do not allow may be expanded by addition subsection,footprint does using covered porches as of space above the existing not include covered decks on an area to expand upward building footprint up to waterward side of residence, to authorized heights.This authorized heights without a uncovered decks, boat is a view issue only and Variance. Upward expansion houses,sheds or other staff believes using covered shall minimize impacts to appurtenances. porch footprints on the existing views of the water to landward side of the the greatest extent practical. building should be allowed For the purpose of this to expand upward as well, subsection,footprint does as there is no additional not include covered or environmental impact. uncovered decks, boat houses, sheds or other appurtenances. 2 Update section on legal MCC 17.50.120.1.f Recommended: non-conforming structure f. A gFandfatheFe4 legal f. A gFandfatheFed legal or structural footprint to non-conforming structure or non-conforming structure or match up with changes in structural footprint that is structural footprint that is Resource Ordinance. moved any distance on the moved any distance on the Movement of existing subject parcel or changed in subject parcel or changed in structural footprint shape shall increase its shape shall increase its landward would require conformity with the Program conformity with the Program the Common Line and with property line and with property line Mitigation Plan (CLMP)that setback requirements (per setback requirements (per 21 Mason County SMP Periodic Review 2021 Consistency Review Report is outlined in the Mason the Development the Development County Resource Regulations)to the maximum Regulations)to the maximum Ordinance Appendix B extent practicable provided: extent practicable provided: rather than a Habitat i. It does not increase i. It does not increase Management Plan. any intrusion to any critical any intrusion to any critical area buffer or setback and area buffer or setback and provided its conformity with provided its conformity with property line setback property line setback requirements (per the requirements (per the Development Regulations) is Development Regulations) is increased to the maximum increased to the maximum extent practicable; extent practicable; ii. Unless ii. Unless recommended otherwise by recommended otherwise by a fish and wildlife habitat a fish and wildlife habitat professional or a by the professional or a by the author of a Geotechnical author of a Geotechnical Report, any remaining Report,any remaining structural components (such structural components (such as a foundation)shall be as a foundation)shall be removed from the removed from the abandoned footprint. A abandoned footprint. A Habitat Management Plan Habitat Management Plan or shall be submitted that Common Line Mitigation Plan includes enhancement of the when allowed per MCC abandoned footprint with 17.50.120.1.f.iv. shall be riparian vegetation (upland submitted that includes of the OHWM only) as well as enhancement of the mitigation for the new abandoned footprint with footprint; riparian vegetation (upland iii. For overwater of the OHWM only)as well as construction such as docks,a mitigation for the new footprint may not be moved footprint; to a location where there is iii. For overwater documented submerged construction such as docks, a aquatic vegetation and footprint may not be moved forage fish spawning areas. to a location where there is documented submerged aquatic vegetation and forage fish spawning areas. iv. Movement of the existing footprint landward will require a Common Line Mitigation Plan (CLMP)to be prepared and submitted to the County,as outlined in Appendix B of the Mason 22 Mason County SMP Periodic Review 2021 Consistency Review Report County Resource Ordinance Title 8.52. 3 "grandfathered"will no MCC 17.50.120 and Update SMP use of longer exist within the throughout SMP "grandfathered"where definitions section of the appropriated with "legal, SMP non-conforming" 17.50.320—Docks, Floats, Buoys, Lifts, Etc. 1 The County has allowed MCC 17.50.320.B.1.j.i Recommendation: replacement over water j. Repair and j. Repair and structures in different Replacement. Replacement. configurations than the L As detailed in MCC i. As detailed in MCC existing footprint as long as 17.50.120 Existing Structures, 17.50.120 Existing Structures, the replacement meets the footprints of existing the footprints of existing current bulk/dimensional legally established structures legally established over water requirements and does not are grand-fathered,therefore structures that do not exceed the existing repairs and replacements conform to the Program's overwater square footage. including grandfathered requirements are considered The current code does not docks, boat houses, and oFand fatheFeEl, legal non- reflect this allowance and other overwater structures conforming, including docks, flexibility. do not need to meet the boat houses,and other County's dimensional overwater structures; standards but do need to use therefore repairs and approved materials. replacements ineluding Replacement structures shall gFandfathered deGI(s ► eat be restricted to the original houses, and ether evepwit� footprint and size s*FuTdo not need to dimensions, except for any meet the County's variations required by health dimensional standards but do and safety regulations. need to use approved Existing skirting shall be materials. Replacement removed and may not be structures shall be restricted replaced. Whenever feasible, to the original footprint and repairs to boathouses should size dimensions,except fe include materials that allow any YaFiatieAS FequiFed 13y for light penetration to hoaIth -,^,-safety „latie,c, intertidal and shallow unless the reconfiguration subtidal water areas. meets current bulk Note: The Washington dimensional standards and Department of Fish and does not exceed the existing Wildlife may not issue overwater square footage. Hydraulic Project Approvals Existing skirting shall be for replaced docks or removed and may not be unattached floats that do not replaced. Whenever feasible, meet their current standards repairs to boathouses should in WAC220-110. include materials that allow for light penetration to intertidal and shallow subtidal water areas. 23 Mason County SMP Periodic Review 2021 Consistency Review Report Note: The Washington Department of Fish and Wildlife may not issue Hydraulic Project Approvals for replaced docks or unattached floats that do not meet their current standards in WAC 220-110. 2 Additions to non- MCC 17.50.320.B.1.j.ii Recommendation: conforming docks and Proposals involving the Add clarifying language such clarifying what part of the addition to or enlargement of as the following: dock has to conform to existing overwater structures For p9roposals involving the current SMP regulations must comply with the addition to or enlargement of requirement for new existing overwater construction. Enlargement structures, it is the addition beyond prescriptive or area of enlargement that standards would require a must comply with the Variance. requirements for new construction as outlined in 17.50.320.6,Table 17.50.320-A, and Table 17.50.320-B. gym beyond PFesGFiptiYe Va 3 Current regulations for Current language of Recommendation: building docks and/or MCC 17.50.320.B.2.e Remove "within two hundred unattached floats with No dock or unattached float (200)feet of OHWM on the semi-enclosed bodies of may be constructed to the opposite shoreline". water make it difficult or lesser of fifteen percent The purpose of this impossible to construct a (15%)fetch or to within two regulation is to assure that usable length of dock or hundred (200)feet of OHWM waters are still navigable. float. on the opposite shoreline of Additional restrictions may any semi-enclosed body of be needed than outlined in water such as a bay,cove,or the 2.22.21 Draft SMP. natural stream channel. Within a semi-enclosed body of water such as a bay, cove, or natural stream channel, a dock or unattached float may be constructed to the lesser of,the allowed dock length or fifteen percent(15%) fetch, provided there are no significant adverse impacts to navigation. plp dAr-k Ar upatt-ae-hed-float Fnay be 24 Mason County SMP Periodic Review 2021 Consistency Review Report fifteen p ent( S%)fekh e feet ef QHWIVI on the eppesite sheFeline of any i r 4 Confusion regarding Arrangement of sections Recommendation: residential docks and within MCC 17050.320 17.50.320.B.2.f.v applying the Attachment regarding"Attachments", Attachments should be after regulations. "Piers", "Ramps",and 17.50.320.B.2.viii Floats and "Floats" is confusing.After before 17.50.320.B.2.ix mainstem dock length Pilings. dimensional regulations New reference should be the should follow with width following: maximums for mainstem 17.50.320.B.2.v Piers dock components. 17.50.320.B.2.vi Ramps 17.50.320.B.2.vii Floats & 17.50.320.B.2.vii Attachments 5 Current reference within Current reference MCC Recommendation: the Attachments section 17.50.320.B.2.f.v(a) &(b) (a) Freshwater Dock.The for residential docks links (17.50.320.8.2.f.viii(a)& (b) length (measured parallel back to the width in version to be revised) with the shore) of the requirements for the attachment(excluding the individual dock (a) Freshwater Dock.The main-stem of the dock)for a components of piers, length (measured parallel single waterfront lot shall not ramps,and floats.This with the shore)of the exceed twenty(20)feet,or conflicts with the Table attachment(excluding the forty(40)feet for a joint-use 17.50.320-A that indicates main-stem of the dock)for a or a community facility.{See Attachment(s)are limited single waterfront lot shall not by square footage which is exceed twenty(20)feet,or based on number of forty (40)feet for a joint-use eemp nents of e:eFs ramps owners utilizing the dock. or a community facility. [See and fc.nv-means.1 Also wording in same #f(f)(vi)—(viii)for width The maximum are total section implies each dock requirements for individual allowed area for all the dock attachment has a Max sf components of piers, ramps, attachment(s) depends on footage, but nothing and floats.] the number of owners, see indicates that there is a The maximum area allowed Table 17.50.320-A. limit on number of for the dock attachment attachments or overall sf depends on the number of (b)Saltwater Dock.The footage. owners: length (measured parallel (b)Saltwater Dock.The with the shore)of the length measured parallel to attachment(excluding the the shore of the attachment main-stem of the dock)for a (excluding the main-stem of single waterfront lot shall not the dock)for a single exceed thirty(30)feet, or waterfront lot shall not sixty(60)feet for a joint-use 25 Mason County SMP Periodic Review 2021 Consistency Review Report exceed thirty(30)feet,or or a community facility.{fee sixty(60)feet for a joint-use or a community facility. [See FequiFements fer inddi ,;a,,.,' #(f)(vi)—(viii)for width eempeneRts of pieFs, Famps-, requirements for individual and fleats.! components of piers, ramps, The a total and floats.) allowed area for all the dock The maximum area allowed attachment(s) depends on for the dock attachment the number of owners,see depends on the number of Table 17.50.320-B. owners: 6 Table 17.50.320-A and B See Table 17.50.320-A& B Recommendation: column wording indicates Column heading for both is Revise column heading for the attachment maximum the following: both Table 17.50.320-A& B area but does not indicate "Max. Area (sq ft)of Dock to the following: that this should be the Attachment (excluding Wax. Total Allowed Area (sq total allowed. mainstem) ft) of All Dock Attachment(s) (excluding mainstem) 7 Requirement for float stops 17.50.320.B.2.f.viii(b) Recommendation: on all floats does not take (b) All floating structures (b) All floating structures into consideration shall include float stops to shall include float stops to environments that lack keep structures off the keep structures off the benthic habitat such as tidelands or lake-bottom or tidelands or lake-bottom or man made reservoirs. be located at sufficient depth be located at sufficient depth to avoid grounding during all to avoid grounding during all tidal or lake elevations. In tidal or lake elevations. saltwater,floats need to be Exclusion of floats stops may suspended a minimum of one be approved by WDFW foot above the tidal Hydraulic Approval. In substrate, unless otherwise saltwater,floats need to be required by DNR use suspended a minimum of one authorization (when foot above the tidal applicable) or by WDFW substrate, unless otherwise Hydraulic Project Approval. required by DNR use The preferred and least authorization (when impacting option is to applicable) or by WDFW suspend the float above the Hydraulic Project Approval. substrate by installing float The preferred and least stops on piling anchoring impacting option is to new floats.The stops must suspend the float above the be able to fully support the substrate by installing float entire float during all tidal stops on piling anchoring elevations. new floats.The stops must be able to fully support the entire float during all tidal elevations. 26 Mason County SMP Periodic Review 2021 Consistency Review Report Note:Changed language on this revision after comment from WDFW. 8 WDFW recommended 17.50.320.B.2.f.vi. Recommendation: including language Piers.The width of piers, no 17.50.320.B.2.f.vi. regarding pier distance including the piling, shall not Piers. required above substrate exceed six(6)feet. (a) The width of piers, when in saltwater and that Note. The amount of not including the not only pier width but functional grating required by piling, shall not orientation can determine state jurisdictions may exceed six(6)feet. the amount of functional increase for piers that are (b) The bottom of grating.These are the greater than 4 feet wide. saltwater piers must requirements of the WAC be at least 6 feet that WDFW regulates. above the substrate. Note. Depending on orientation and/or pier width (greater than 4 feet), t-The amount of functional grating required by state jurisdictions may increase.feF piers thG 17.50.340-Shoreline Stabilization 1 17.50.340.B.2.a.iii does not 17.50.340.B.2.a.iii Primary Recommendation: Revise to include docks as part of the structure means the include docks. appurtenant structures to structure or the only access iii. Primary structure be protected by associated with the principal means the structure or the stabilization. use of the property that only access associated with cannot feasibly be relocated. the principal use of the It may also include single property that cannot feasibly family residential be relocated. It may also appurtenant structures, include single family including docks,that cannot residential appurtenant feasibly be relocated. structures,+neluding dads, that cannot feasibly be relocated. Note:After concern from WDFW and re-evaluation of the initial recommendation to add "docks",staff is recommending not adding this type of structure as one of the residential appurtenant structures. 2 Repair and replacement 17.50.340.B.5.i.i. Recommendation: section of the shoreline i. Additions to or i. Additions to or stabilization chapter of the increases in size of existing increases in size of existing 27 Mason County SMP Periodic Review 2021 Consistency Review Report SMP,currently makes shoreline stabilization shoreline stabilization allowance for a 12" height measures shall be considered measures shall be considered extension of a bulkhead new structures,except that new structures,except that without having to fulfill 'capping' an existing 'capping' an existing requirements for"new" bulkhead may be considered bulkhead may be considered construction.This height repair if the following criteria repair if the following criteria doesn't account for sea are met: are met: level rise and the increasing i. The cap is one foot in i. The cap is two feet in number of applicants height or less(cumulative height or less (cumulative having current bulkheads over ten years) and no more over ten years) and no more overtopped.The County is wide than the bulkhead; and wide than the bulkhead; and proposing two feet ii. All native trees and ii. All native trees and expansion limit will still shrubs are preserved in shrubs are preserved in utilizing the replacement place. place. permitting applications. 17.50.400—Permits, Exemptions,and Appeals 1 Current regulations do not MCC 17.50.400.A.4 Recommendation: clarify that some proposals A pre-application conference, MCC 17.50.400.A.4 for Type II permits need as described in MCC A shoreline meeting pfe- the applicant to participate 17.05.020, is required for all applieatien eepfeFenee, as in a pre-application Type III (which includes described in MCC 15.05.020, conference with the proposals that require is required for all Type Elf County and any other Shoreline Substantial (which iRelud proposals agency that may be Development, Conditional that require Shoreline involved in permitting or Use, and/or Variance) Substantial Development, review.Also, calling the permits. Conditional Use, and/or process a "pre-application Variance permits}and some conference" is confusing shoreline exemptions. because the same term is used for a meeting that occurs for all commercial, multi-family, industrial, and subdivision projects that are not necessarily in shoreline jurisdiction. 2 Permit process for MCC 17.50.400.C.2.a. Notice Recommendation: substantial development of Application Add a section iii.with the permits (not combined i. A Notice of following: with any other permit), Application/Public Hearing iii. Unless required per MCC clarify that notice of shall be provided according 17.50.400.C.2.b, applications application is needed but to MCC 15.07.010 and for Substantial Development no hearing. 15.07.030. Advertising costs Permits do not require a will be the responsibility of public hearing.All Substantial the applicant. The public Development Permits require comment period shall be no a notice of application. less than thirty(30) days following the date of Notice of Application. A public 28 Mason County SMP Periodic Review 2021 Consistency Review Report hearing shall not be held prior to thirty(30)days following the date of the notice. ii. All persons who so submit their views shall be notified in a timely manner of the action taken upon the application. Miscellaneous 1 Fix minor typos,grammar, Located throughout SMP Recommended: spelling, scrivener's errors Revise text to improve clarity in SMP and flow 5 Title 15 Development Code Staff has identified areas of the development code that are recommended to be revised for clarity. # Issue Review/SMP Location Recommendation Title 15 1 Pre-Application Activities 15.05.020 PRE- Recommendation: section of the development APPLICATION ACTIVITIES 15.05.020 Pre-Application code incorrectly excludes A. Informal. Applicants Activities type I and some type II for development are permit proposals from encouraged to participate in 15.05.020 PRE- requiring pre-application an informal discussion prior APPLICATION ACTIVITIES meetings.An additional to the formal pre-application A. Informal. Applicants section describing the meeting. The purpose of the for development are shoreline meeting required meeting is to discuss, in encouraged to participate in by section 17.50.400 of the general terms,the proposed an informal discussion prior SMP should be added for development, County to the formal pre-application clarity regarding the pre- development standards, and meeting or shoreline application process. required permits and meeting. The purpose of the approval process. meeting is to informal B. Formal. Every person discussion is to establish, in proposing a development in general terms,the proposed the County,with exception of development,County Type I permits and decisions development standards, and and some Type 11 permits and required permits and decisions,shall attend a pre- approval process. application meeting.The B. dal Pre- purpose of the meeting is to Application Meeting. Every 29 Mason County SMP Periodic Review 2021 Consistency Review Report discuss the nature of the person proposing a proposed development, commercial, industrial, multi- application and permit family development and/or requirements,fees, review subdivision project in the process and schedule, County,with exrsepti .f applicable plans, policies and regulations. In order to and seme Type " peFFnits a expedite development deeisffieRs,shall attend a pre- review,the County shall application meeting. For the invite all affected purpose of this section departments, agencies commercial development and/or special districts to the shall not include change in pre-application meeting,at tenant. The purpose of the the discretion of the Review meeting is to discuss the Authority. nature of the proposed development, application and permit requirements, fees, review process and schedule,applicable plans, policies and regulations. In order to expedite development review,the County shall invite all affected departments, agencies and/or special districts to the pre- application meeting, at the discretion of the Review Authority. C. Shoreline Meeting. Every person proposing a development, within shoreline jurisdiction, requiring a Shoreline Substantial Development permit, Conditional Use, and/or Variance permit and some Shoreline Exemptions, shall attend a shoreline meeting.The purpose of the meeting is to discuss the nature of the proposed development, application and permit requirements, review process and schedule, applicable plans, policies and regulations. In order to 30 Mason County SMP Periodic Review 2021 Consistency Review Report expedite development review,the County shall invite all affected departments, agencies and/or special districts to the shoreline meeting.The shoreline meeting may occur in office or in the field. 2 Filing appeals mentions A. Filing. Every appeal Recommended: filing a copy with the Clerk to the Hearing Examiner or A. Filing. Every appeal of the Board and with the County Commissioners shall to the Hearing Examiner or Permit Assistance Office. be filed with the Clerk of the County Commissioners shall This is redundant and Board and the Permit be filed;••i*"rh^C'^rk^f the creates extra paper.The Assistance Center in the Rnard and the Permit planning department sets Community Services Assistance Center in the up appeals regarding Department within fourteen Community Services departmental decisions are (14)days after the date of Department within fourteen set up by the planning the decision being appealed. (14)days after the date of department, not the clerk of the decision being appealed. the board. Miscellaneous 1 Fix minor typos,grammar, Located throughout SMP Recommended: spelling,scrivener's errors in Revise text to improve clarity SMP and flow 31 ji _-- � ik 1/ MASON COUNTY SHORELINE MASTER PROGRAM: PERIODIC REVIEW 2020-2021 COMMENT MATRIX MCC COMMENT STAFF RESPONSE/PAC REFERENCE DECISION LARRY MILLER MCC 17.50.320(Table (2/16/21) Larry Miller-I see the Staff-Those limits that you (PRE-HEARING) 17.50.320-A) size limit of freshwater docks is mentioned are only for an limited to 250 square feet for "Attachment"to the dock single residence,but the size mainstem, not the overall limit limit over saltwater is 350 for docks. Freshwater docks have square feet. 1 currently have a an overall length limit of 60 ft dock that is 320 square feet and from Ordinary High Water Mark find it just barely sizable for my with width dimensional limits on purposes. It's in good repair and components of the dock such as a realize that when I have to pier,float, or ramp.Then the replace it I'll be required to code allows for an "Attachment" reduce in size to 300 square feet to the mainstem,the length of to comply with the Cushman the attachment being parallel to SMP issued by Tacoma Power. the shore rather than Accordingly I'd like to see your perpendicular like the mainstem. size limits at least consistent This "Attachment" piece is then with TPU,and would actually limited to 250sf when in prefer the size limit the same as freshwater and only one owner. for saltwater. (This comment So under the County's regulations only needed clarification by staff) we allow a much larger freshwater dock if you figure in a mainstem and the allowance for a 250 sf Attachment on top of that. (NO CHANGES) WYNNAE WRIGHT MCC (2/22/21) Wynnae Wright-The Staff-SMP revision to —TPU(PRE- 17.50.320.f.viii(b) requirement for float stops. 17.50.320.B.f.viii(b) HEARING) Would there be consideration All floating structures shall for not needing them include float stops to keep somewhere like Lake Cushman structures off the tidelands or (man made reservoir)where lake-bottom or be located at benthic environmental has been sufficient depth to avoid shown to not exist? (Discussed grounding during all tidal or lake at PAC meeting) elevations. Exclusion of float stops may be approved by WDFW through Hydraulic Approval. In saltwater,floats need to be suspended a minimum of one foot above the tidal substrate, CODE REFERENCE COMMENT STAFF RESPONSE/PAC DECISION unless otherwise required by DNR use authorization (when applicable) or by WDFW Hydraulic Project Approval.The preferred and least impacting option is to suspend the float above the substrate by installing float stops on piling anchoring new floats.The stops must be able to fully support the entire float during all tidal elevations. KEN VAN BUSKIRK 2012 Shoreline (2/22/21) Ken Van Buskirk- Staff- Kell explained that this (PRE-HEARING) Inventory and Appendix B,issues with periodic review of the SMP Characterization database gaps between DNR, doesn't reopen the shoreline Report (Appendix B: DFW,and Mason County. Link to inventory and characterization. GIS DATA Sources) WDFW 2011 database goes no GIS is a good tool but review on where. In the past, the ground by planners is really subcontractor Herrera also what confirms the existence of found gaps in the databases. streams,wetlands,and other (Discussed at PAC meeting) critical areas, rather than relying solely on mapping. (NO CHANGES) WDFW MCC (06/03/21)WDFW-Can we add Staff:We can add a line under (3o-DAY COMMENT 17.50.320.B.2.f.vi (No our requirement that the the pier width requirement that PERIOD) current language bottom of saltwater piers must also has the 6 feet above the regarding bottom of be at least 6 feet above the substrate language required by saltwater piers.) substrate? WAC. WAC 220-660-380(4)Pier and vi. Piers. ramp design:(a)Design piers to (a)The width of piers, not maximize height over the bed to including the pilings, lot shall not improve light transmission. The exceed six(6)feet. bottom of the pier must be at least six feet above the bed at (b)The bottom of saltwater piers the landward end must be at least 6 feet above the substrate. Note: Depending on orientation and/or pier width (greater than 4 feet),the amount of functional grating required by state jurisdictions may increase. WDFW(3o-DAY MCC (06/03/21)WDFW-The size Staff:Yes,we can easily add that COMMENT PERIOD) 17.50.320.B.2.f.vi AND orientation of the Pier orientation can determine "Note:The amount of determine the required amount amount of functional grating. functional grating of functional grating. Note: Depending on orientation required by state jurisdictions may and/or pier width (greater than 4 feet),the amount of functional 2 CODE REFERENCE COMMENT STAFF RESPONSE/PAC DECISION increase for piers that WAC 220-660-380 4)Pier and grating required by state are greater than 4 ramp design: jurisdictions may increase. feet wide." (b)Limit the width of residential piers to no more than six feet wide. Limit the width of recreational piers to the minimum width needed to accommodate the intended use. (c)North/south oriented piers (338 to 22 degrees, or 158 to 202 degrees)greater than four feet in width must have at least thirty percent of the entire deck surface covered in functional grating. The grating must be installed parallel to the length of the pier for the entire length of the pier. (d)Northeast/southwest, northwest/southeast, and east/west oriented piers(23 to 157 degrees, 203 to 337 degrees) must have at least fifty percent of the entire deck surface covered in functional grating regardless of width. The grating must be installed parallel to the width of the pier, evenly spaced along the entire length of the pier. (e)If only the minimum pier deck surface described in(c)or(d)of this subsection is covered, the grating material's open area must be at least sixty percent open area unless grating covers more than the minimum pier deck area of the pier. If the grating covers more than the minimum deck surface area, the grating material's open area can be reduced down to at least forty percent open area. (f)Limit the width of residential ramps to four feet wide. Limit the width of public recreational ramps to the minimum width 3 CODE REFERENCE COMMENT STAFF RESPONSE/PAC DECISION needed to accommodate the intended use. Cover the entire ramp surface with grating. WDFW(3o-DAY MCC (06/03/21) -WDFW-Can this Staff-SMP revision to COMMENT PERIOD) 17.50.320.B.2.f.viii(b) say, "unless approved by WDFW 17.50.320.B.f.viii(b) hydraulic project approval" All floating structures shall Instead of exempt.This would include float stops to keep let us determine if there are structures off the tidelands or extra mitigation measures lake-bottom or be located at required for not meeting the sufficient depth to avoid WAC.There are some differing grounding during all tidal or lake requirements between elevations. Exclusion of float freshwater and saltwater on this stops may be approved by WDFW one. through Hydraulic Approval. WDFW(3o-DAY MCC (06/03/21)WDFW is confused Staff:This has to do with safety COMMENT PERIOD) 17.50.320.B.2.f.viii(e) on the requirement for the and visibility for boaters/jet minimum 10 inches above the skis/etc., but redirects to WDFW surface of the water.We do not and DNR for additional/other regulate the "thickness"of a requirements. float. Need more clarification on "The surface of floating this, maybe it is solely a DNR structures shall be a minimum of requirement? ten inches above the surface of (clarification only) the water, unless other limitations are set by DNR use authorization or WDFW Hydraulic Project Approval standards." (NO CHANGE) WDFW(30-DAY MCC 17.50.320.B.3.a (06/03/21)WDFW-This is great Staff: COMMENT PERIOD) language that generally calls out MCC 17.50.320.B.1.c WDFW requirements-can this be stated in the rest of the Refers to All Overwater section where you point to Structures and then Overlapping other jurisdictions? I on other Jurisdictions,the only difference overwater structure is this regulation doesn't talk requirements that may have about use. "Use" and different requirements. "Installation" added to encompass the same elements in section B.3.a. "The installation and use of c. Overlapping Jurisdictions. mooring buoys in marine waters New construction, shall be consistent with all replacement,a+W-repair, applicable federal and state laws, installation, and use shall including the other state comply with all applicable Departments of Fish& Wildlife, state and federal policies Health, and/or Natural Resources and regulations, including standards." 4 CODE REFERENCE COMMENT STAFF RESPONSE/PAC DECISION but not limited to the Washington Department of Fish and Wildlife (Hydraulic Project Approval WAC 220- 110),the Washington Department of Natural Resources, and the United States'Army Corps of Engineers. These include functional grating, size restrictions, and other standards. WDFW(30-DAY MCC (06/03/21)WDFW-Huge Staff:Staff discussed and will be COMMENT PERIOD) 17.50.340.B.2.a.iii concern over adding"including removing the inclusion of docks docks"to the sentence here. from this section. It was originally That could encourage a lot more added by staff to address shoreline armoring, and docks situations that occur up at Lake are supposed to be considered Cushman where erosion is more accessory/recreational extensive due to raising and structures. We could have lowering of the reservoir, but people build a dock in order to staff will continue to evaluate justify new armoring?Would based on unique situations and like to discuss this one more the regulations already in place. with your reasoning behind the change. MASON Title 8.52—Resource Amendments adopted under Staff: Corrected.Amendments CONSERVATION Ordinance Ordinance#51-19 with respect previously adopted by the County DISTRICT(30-DAY to the Voluntary Stewardship were inserted in the draft COMMENT PERIOD) Program have been omitted Resource Ordinance. These entirely and need to be re- amendments are not red lined as inserted. they have already gone through the public adoption process and were approved by ordinance. MASON MCC A professional may or may not Staff: Updated CONSERVATION 8.52.170(E)(3)(b)(iii)b. be a biologist,does an HMP 8.52.170(E)(3)(b)(iii)b.to say DISTRICT(30-DAY have to be prepared by a "qualified fish and wildlife COMMENT PERIOD) qualified biologist? Is there a professional" in order to be certain certification required? consistent with subpart J. "A Common Line Mitigation Plan The definitions section of Title may be prepared by the property 8.52 elaborates on the owner or his/her designee and qualifications of a fish and wildlife shall meet the requirements in professional. Appendix 8, or a Habitat Management Plan shall be 5 CODE REFERENCE COMMENT STAFF RESPONSE/PAC DECISION prepared by o qualified habitat Qualified Fish and Wildlife biologist and meet the Professional: A person with requirements in subpartJ." experience and training in fish Subpart reads, "(3) The HMP and wildlife issues;who has shall be prepared by a qualified experience analyzing fish and fish and wildlife professional, or wildlife habitats and their the HMP shall be reviewed and functions and values, impacts to approved for adequacy by a the habitats, and mitigation; and qualified fish and wildlife who derives his/her livelihood professional prior to submittal to from employment as a wildlife the county." biologist, habitat management consultant, or fisheries biologist, as appropriate to the type of critical area under review. Qualifications include: (1) Bachelor of Science or Bachelor of Arts or equivalent degree in biology, environmental studies,fisheries,wildlife or related field, and two years of related work experience;or (2) Five years of related work experience. MASON Appendix B of Throughout document, Staff: Department of Community CONSERVATION Resource Ordinance Department is referenced as Development,which is planning DISTRICT(30-DAY COMMENT PERIOD) Department of Community and building, is a division of Development instead of Community Services. Department Community Services. Probably of Community Services not a big deal, but a good time encompasses the Department of to make it all consistent. Community Development and Public Health. Staff will make any changes if needed, but using the title Department of Community Development is still accurate. MASON Appendix B of Is this change intended to Staff:Whether it is waterward of CONSERVATION Resource Ordinance differentiate so that a deck the common line or standard DISTRICT(30-DAY page 2 waterward of the common line setback,we removed the limit of COMMENT PERIOD) can be greater than 1'high, but if 1' above average grade because it it is waterward of a standard is not practical in all situations setback they must still adhere to and the Department did not see the 1' restriction? If so,then no additional environmental impact changes necessary. by allowing the deck to be higher o Also related to the deck off the ground as long as impact height restriction related to to views are addressed at the grade: how is the grade building permit level. elevation determined if the 6 CODE REFERENCE COMMENT STAFF RESPONSE/PAC DECISION house is built on a slope. Is it The County's Development the average grade of the home's Regulations define "height" as footprint,or the grade of the the following: home at the waterward edge? "Height"shall be measured using "The landward-most 15 feet of average grade level. The average the setback maybe cleared, of the natural or existing graded, or landscaped and may topography of the portion of the contain a 200 square foot lot, parcel, or tract of real (maximum)uncovered deck, property which will be directly provided the deck floor is no under the proposed structure and more than one foot above shall be determined by averaging average grade." Page 3 it reads, the ground elevations at the "Uncovered Deck Allowance: Up midpoint of all exterior walls of to 200 square feet of uncovered the proposed structure. deck may project up to 15 feet water ward of the common line; A guard railing shall not exceed 36" in height." MASON Appendix B of Are Master Gardeners Staff:Staff initiated CONSERVATION Resource Ordinance volunteers aware of this and communication with Carmen at DISTRICT(30-DAY interested in helping with WSU Extension and will update COMMENT PERIOD) Common Line Mitigation Plans. draft appropriately. Suggest you contact Kendall Carmen,Small Farms Natural Resources Coordinator,at WSU Extension to check on this. "A Common Line Mitigation Plan that meets the standards herein may be prepared by the property owner or applicant, however it is recommended that the applicant enlist the services of the Mason Conservation District or a WSU Extension Master Gardener or that the applicant hire a landscape professional to prepare the Common Line Mitigation Plan." MASON Appendix B of Should read, "Mason Staff: Updated CONSERVATION Resource Ordinance Conservation District". DISTRICT(30-DAY page 9 COMMENT PERIOD) 7 CODE REFERENCE COMMENT STAFF RESPONSE/PAC DECISION "Rain Gorden Option:Rain garden installation maybe utilized in lieu of the above replanting specifications. It is recommended that rain gardens be designed and installed by a landscape architect, the Mason County WSU Extension Office, the Mason County Conservation District, or another professional trained in rain garden construction. The professional shall prepare, sign, and date the Common Line Mitigation Plan and agree to install the rain garden(s)." MASON Appendix B of There is a more current 2013 Staff: Updated CONSERVATION Resource Ordinance handbook and it's on Ecology's DISTRICT(30-DAY page 9 website: Rain Garden Handbook COMMENT PERIOD) for Western Washington:A Guide for Design, Installation, and Maintenance "Rain gardens may not be appropriate in all locations due to soil type or slope. For additional guidance, see Rain Garden Handbook for Western Washington Homeowners, Washington State University Extension, 2007." MASON Appendix B of There is no Urban Staff: Updated CONSERVATION Resource Ordinance environmental designation. DISTRICT(3o-DAY 12 Commercial? COMMENT PERIOD) page "8. The required habitat buffer (100 feet from the OHWM on all lakes and on most saltwater except those designated as Urban, Conservancy, or Natural). See the table on page 2." MASON Appendix B of Again,check with Kendall Staff: Changed to say "Fish and CONSERVATION Resource Ordinance Carmen at WSU Extension about Wildlife Professional",fixed DISTRICT(30-DAY hiring of Master Gardner reference, and staff initiated COMMENT PERIOD) volunteers. Should the citation communication with Carmen at reference J,instead of I? Habitat 8 CODE REFERENCE COMMENT STAFF RESPONSE/PAC DECISION Biologist comment above WSU Extension and will update applies here too. draft appropriately. "3. If the applicant has submitted two successive CLMP's that are illegible or lacking the required information, the applicant will be required to hire a the Mason Conservation District, a WSU Extension Master Gardener, or a landscape professional to submit a plan that meets the above requirements, install the plants, and maintain the enhanced area (for at least three years). Or, the applicant can choose to hire a Habitat Biologist to prepare a Habitat Management Plan(per MCC 8.52.170.1)." HOOD CANAL MCC 17.50.210.B.3 HCEC is concerned that the Staff: ENVIRONMENTAL proposed SMP regulations in COUNCIL(3o-DAY Staff is not recommending any COMMENT PERIOD) Section 3. Commercial k revisions to the existing geoduck Aquaculture are inconsistent stent regulations at this time for the with regulations from other following reason(s): jurisdictions and fall short of necessary protection.As a 1)A senior staff member who stopgap remedy for this was present at the time of the oversight,we request the below comprehensive update, especially suggested changes(underlining the section on aquaculture for suggested additions,and policies and regulations, and who strikethrough for suggested has been attending the Shellfish deletions). Interagency Meetings for over ten years has stated that the Section 3.c. geoduck regulations were Conditional Use Permits are adopted after several public required for new commercial meetings with the PAC, Ecology, geoduck aquaculture. and County staff,the geoduck C,,. ver-siens r.,,m e :sting ^ section was new to the SMP and thoroughly reviewed by the County and Ecology. Requiring Shoreline Conditional Use permits for"new"geoduck [Deleting the second sentence aquaculture only was clearly would be consistent with Kitsap discussed as the direction Mason County, Bainbridge Island, County was going with shoreline Clallam County and with permits, as well as requiring 9 CODE REFERENCE COMMENT STAFF RESPONSE/PAC DECISION proposed changes in Jefferson Substantial Development Permits County]. for a project that didn't meet the Section 3.d. state WAC and MC SMP exemption criteria.This direction All subsequent cycles of planting was reviewed and discussed and harvest shall not require a during the Shellfish Interagency new Conditional Use Permit:, Meetings that were attended by subject to WAC 173.27-100. planners from at least Mason, [This provides consistency with Thurston, and Pierce Counties, as the referenced WAC,which well as State,Tribal,and Federal provides: "A permit revision is agencies. The directions of other required whenever the applicant jurisdictions were also discussed. proposes substantive changes to The following MCC regulations: the design, terms or conditions of "Conversions from existing non- a project from that which is geoduck aquaculture to geoduck approved in the permit. Changes aquaculture within existing farm are substantive if they materially boundaries do not require a alter the project in a manner that Conditional Use Permit" and "All relates to its conformance to the subsequent cycles of planting and terms and conditions of the harvest shall not require a new permit, the master program Conditional Use Permit"were not and/or the policies and an "oversight(s)" but quite provisions of chapter 90.58 RCW. intentional and the direction the Changes which are not County decided to go, after substantive in effect do not numerous meetings with the require approval of a revision. . PAC, Ecology,staff,and the "] public.This direction was taken in order to encourage the "preferred use" status of aquaculture in Mason County. 2) Under the General Aquaculture Regulations, MCC 17.50.210.B.1.d,there is already language regarding permit revision requirements: Ongoing maintenance, harvest, replanting, restocking or changing the culture technique or species cultivated for any existing or permitted aquaculture activity shall not require shoreline review or a new permit, unless or until: i. the operation changes the scope and intent of the 10 CODE REFERENCE COMMENT STAFF RESPONSE/PAC DECISION original permit as defined in 17.50.400;or ii. The facility proposes to cultivate non-native species not previously cultivated in the state of Washington. Section MCC 17.50.400.C.5 elaborates on permit revisions, referencing WAC 173-27-100 and describes the public appeal process regarding decisions made on those revisions. JAN WOLD (1ST MCC 17.50.210.6.3 Please see Jan's 7 page letter Staff: PUBLIC HEARING) (geoduck regs.) & (attached)for her full text and Regarding Geoduck Regulations, MCC argument,the below is a please see staff response to 17.50.110.B.2.b.ii summary of her ask and any HCEC's ask above. specific code references that she included for changes. Note: Project can still require Substantial Development Permits Regarding Geoduck Regulations: which require public notice and The SMP should require a the decision and conditions on conditional use permit for that permit are not issued until geoduck farming on tidelands the end of the comment period. that have not previously been used to cultivate geoducks. It is also important that there be an opportunity for citizens to review these geoduck proposals and be heard at a public hearing.The current Draft SMP allows large tideland acreages to be converted or accreted for geoduck cultivation without a permit process at all. The cumulative impact of changes to shellfish farms to add highly impacting commercial geoduck farming can not be evaluated by the county under the present draft SMP. The Mason County SMP should be consistent with 11 CODE REFERENCE COMMENT STAFF RESPONSE/PAC DECISION the verbiage in neighboring counties whose SMPs are already approved by the Washington Department of Ecology. Regarding shoreline buffers: Staff: Regarding shoreline buffers The proposed revision is to In the section of the draft SMP reflect the original intention, on buffers, we need to delete which was to establish public the last sentence in the roads as the only development paragraph about shoreline that the buffer would not extend buffers (page 47,item B. 2. (B)) across without having to utilize a that now states: fish and wildlife professional to demonstrate the functional "Regulated buffers shall not isolation from the critical area. extend across lawfully established paved roads or hardened surfaces to include areas which are functionally Recommendation: isolated from the critical area." The proposed change in the The current SMP does not include wording of this last sentence a definition for"functionally shown above in the draft SMP is isolated",staff recommends to change "paved" roads to adding the following definition to "public"roads and eliminate"or the document: hardened surfaces...". In cases where roadways are unfortunately located near the Functionally Isolated Buffer water's edge in the 50-foot to Areas—areas that are functionally separated from a 150-foot saltwater shoreline buffers,those smaller-width critical area and do not protect remaining buffers above the the critical area from adverse roadway become even more impacts due to preexisting roads, important. They are a wildlife railroads, levees,structures, or corridor, provide bird perches, vertical separation. especially while hunting for food along the shoreline, provide Staff proposes two options to the cover, nesting sites, help hold PAC,the proposed revision or the together the banks and cliffs proposed revision with the above the water's edge, are a addition of language source for food and nesting recommended by the materials and a safe resting spot Department of Ecology. while attempting to cross the roadway to the shoreline. 12 CODE REFERENCE COMMENT STAFF RESPONSE/PAC DECISION Much of the vegetated areas 1) Unless otherwise along our Hood Canal and specified, buffers shall be Mason County shorelines have maintained in already been lost. By deleting predominantly natural, this last sentence,we have an undisturbed, opportunity to afford better undeveloped and protection for those smaller vegetated condition. remaining vegetated areas. We Regulated buffers shall also have an opportunity to not extend across better prepare for the lawfully established challenges of global warming public paved roads an4 and sea level rise. hard-e-Red- SuFfaries to include areas which are The existing wording and the functionally isolated from draft wording of this last the critical area. sentence is confusing as there is no definition of what is meant by"functionally isolated"and OR even if a strip of vegetation were"functionally isolated"it would still be providing 1) Unless otherwise important riparian habitat and specified, buffers shall be functions. maintained in predominantly natural, It is also not clear who would undisturbed, make the determination of undeveloped and whether or not the buffer is vegetated condition. "functionally isolated"much Regulated buffers shall less how the determination is not extend across made. Even if a buffer were lawfully established "functionally isolated",the public paved roads and same preservation techniques hardened surfaces to should be employed as in any include areas which are other buffer that does not have functionally isolated from a roadway. The result of the the critical area. Buffer present and proposed wording reductions under this in the draft SMP could be an provision are allowed entire shoreline, up to 150-feet only when the functional above the high-water mark, disconnection has been becoming completely devoid of documented through a any vegetation at all, having report by a qualified only pavement and lawns,dirt professional that or gravel. demonstrates the area is functionally isolated.The County shall consider the hydrologic,geologic, and/or biological habitat connection potential and 13 CODE REFERENCE COMMENT STAFF RESPONSE/PAC DECISION the extent and permanence of the physical separation. Note:The first option exempted only public roads from having to provide a determination,from a professional,for functional isolation. While the second option requires a determination no matter if it is a public road or hardened surface. SHERRI DYSART Shoreline I am aware that Mason County Staff:We have forwarded a copy (1ST PUBLIC Stabilization and is updating the SMP. I am of this email to Environmental HEARING) failing OSS unable to attend the PAC Health Manager Alex Paysse. meetings at this time. As I read Failing OSS systems would be in the PAC meeting notes from information available to the EH April 19,2021, residents along department,the planning Hood Canal are requesting department will always work with extensions of 16" -18"to EH on issues were bulkheads may existing bulkheads. As Marissa need to be repaired/replaced if and Kell Rowen explained,the structures and utilities can not be need for height extensions is located landward and the current due to sea-level rise. I hope that structure is in danger of failure. the PAC is studying the possible impacts for on-site septic systems in Mason County as sea-level rise is happening. The University of Washington Climate Impacts Group has created a tool for visualizing seal-level rise: https://cig.uw.edu/our- work/applied- resea rch/wcrp/sea-level-rise- data-visualization/ The County should be reviewing the location of OSS and overlaying the sea-level-rise projections. Failing OSS will obviously have adverse effects on public health and the shellfish industry. SKOKOMISH No specific code A. Cumulative impact of A. Staff(comment noted): INDIAN TRIBE reference, see impervious surface as a Under the SMP comments result of new development comprehensive update that 14 CODE REFERENCE COMMENT STAFF RESPONSE/PAC DECISION (PRIOR TO CONT. and construction within was adopted in 2017, a PUBLIC HEARING) jurisdiction of the SMA and Cumulative Impacts Analysis permitted under Shoreline and No Net Loss document Master Program resulting in was drafted addressing the a net loss of habitat. allowances for new construction within SMA jurisdiction and SMP buffers and the requirements for no net loss of ecological function.This document was accepted by the Department of Ecology as meeting the requirements of the SMA and Ecology Guidelines. B. Address climate change and B. Staff(comment noted, no sea level rise within SMP change recommended):The regarding issuance of project County recognizes this issue permits and has consulted with the Department of Ecology on guidance when new information is available, however the SMA and Ecology Guidelines currently provide no requirement for SMPs to address climate change or sea level rise.This is an issue that the County foresees addressing when the scope of an update allows and when guidance is provided from Ecology. C. Tribal access to shellfish C. Staff(comment noted): harvesting and Fin Public access is encouraged Fish/Salmon harvesting by the Shoreline threatened by in/over water Management Act and the structures Mason County Shoreline Master Program whenever feasible while protecting the resources and ecology of the shoreline. Public Access policy 2. Includes that "The County should cooperate with appropriate local,state, tribal and non-governmental organizations to preserve and enhance lands that provide 15 CODE REFERENCE COMMENT STAFF RESPONSE/PAC DECISION physical access to public waters for public use." The County does have permitting procedures prior to shoreline use and development that require involving the tribes before local decision. And the County would like to point out that since 2010 only one (1) Pier Ramp Float (PRF) has been permitted in the Hood Canal. D. Concerns regarding Hood D. Staff(Comment noted):The Canal Watershed and County's 2017 activity permitted in comprehensive update has accordance with the Clean been developed and Water Act and Navigable implemented consistent with Waters Protection Rule, the State's Shoreline Revised Code of Washington Management Act,with the (RCW 77.55),Coastal Zone comprehensive update Management Act, NEPA, and approved by the Department SMA as managed and of Ecology.Within that implemented by Jefferson, comprehensive update was a Mason,and Kitsap under cumulative impacts analysis SEPA and the SMP planning and a no net loss assessment process. to establish that ecological functions are maintained. E. SMP regulatory mechanisms E. Staff(Comment Noted):The modified the protective Mason County Shoreline intent of SMA. Mechanisms, Master Program has been being locally issued modified overtime to be shoreline permits and more protective and as exemptions,with mitigation evidenced by the Department through Habitat of Ecology's acceptance and Management Plans that are final approval of the inadequate and monitoring comprehensive update in not enforced. 2017 has been determined to be consistent with the SMA and Ecology guidelines. The update currently in progress continues amendment of the 16 CODE REFERENCE COMMENT STAFF RESPONSE/PAC DECISION Mason County Shoreline Master Program to meet the most current state rules and guidelines. All proposed amendments during this Periodic Review do not support increases to ecological impact. 17 MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING August 23,2021 Briefing Items • News Release: 2022 Water and Sewer System Rate Increases for North Bay, Rustlewood and Beards Cove. Discussion Items Commissioner Follow-Up Items Upcoming Calendar/Action Items • Hearing set for August 31, 2021 @9:15am to consider Franchise Agreement with Clifton Pebble Beach Water District for water system along North Shore Road. Attendees: Commissioners: Public Works: Other Dept. Staff: Public: _Randy Neatherlin _Loretta Swanson _Kevin Shutty _Mike Collins _Sharon Trask _Richard Dickinson _Other(list below): NEWS RELEASE August 31,2021 MASON COUNTY COMMISSIONERS 411 NORTH 5TH STREET SHELTON,WA 98584 (360)427-9670 EXT. 747 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL,THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE,CITY OF SHELTON,ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2022 Water and Sewer System Rate Increases for North Bay,Rustlewood and Beards Cove Per Mason County resolutions#146-08, #05-09, and#06-09,all water and sewer rates and fees at the Mason County owned and operated Rustlewood, Beards Cove, and North Bay Case Inlet water and sewer systems will increase by 3.4%for the 2022 calendar year. The increase corresponds to the April 2021 consumer price index(CPI-U) for the Bremerton Area for the one- year period ending April 2021. This increase applies to all charges associated with the referenced water and sewer utility systems, including monthly service rates, connection and permit fees and other related charges; as well as covering the annual cost increase experienced by the County for the operation and maintenance of the above referenced water and sewer utility systems. Notices will be mailed out to all Beards Cove,North Bay Case Inlet and Rustlewood utility users because of these rate changes. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice Chair Commissioner Mason County Utilities & Waste Monthly Service Fees/Connect Fees for 2022 Rustlewood Water Sewer Monthly Rate $42.21 $112.52 (154.73) Connect Fee $2,426.30 $6065.72 (8492.02) Beards Cove Monthly Rate $42.21 Connect Fee $2,426.30 North Bay/Case Inlet Monthly Rate $118.91 Connect Fee $11,954.72 Grinder Pump Fee $4,702.25 Duplex $166.47 Grinder Pump/Empty Lot $83.31 Belfair Monthly Rate (Per ERU) $96.00 Connect Fee (Per ERU) $11,300