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Home My WebLink About2018/03/27 - Regular Packet March 27.1 BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 6:00 p.m. 411 North Fifth Street, Shelton WA 98584 March 27, 2018 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 News Release- Mason County Parks and Trails Advisory Board Opening Staff: Frank Pinter 4.3 News Release- Request for Proposal Homeless Housing Grant Funds Staff: Todd Parker 5. Open Forum for Citizen Input (5 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 6:30 p.m. 7. Approval of Minutes— None. 8. Approval of Action Agenda: All items listed under the Action Agenda may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval of a Memorandum of Agreement (MOA) for Mason Lake Recreation Area Access. Mason County employees will be subject to a $50 annual membership fee to gain access to the Mason Lake Recreation Area and any appropriate usage fee. 8.2 Approval for Frank Pinter, Support Services Director, to sign "Temporary Permit to Enter"documents from City of Shelton for the Downtown Connector Project. 8.3 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8054859-8055099 $ 903,511.96 Direct Deposit Fund Warrant #s 48637-49004 $ 662,277.12 Salary Clearing Fund Warrant #s 7003507-7003536 $ 472,273.86 Total $ 2,038,062.94 8.4 Approval to reappoint Jacqueline Earley and Derek Epps to the Pacific Mountain Workforce Development Board of Directors for a three year term ending June 30, 2018. Last printed 3/26/2018 2:46:00 PM If special accommodations are needed,contact the Commissioners'office at ext. 419, Shelton #360-427- 9670; Belfair#275-4467, Elma #482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA March 27, 2018—PAGE 2 8.5 Approval to amend Resolution 48-17 designating the appointing Officers from Mason County for the Washington Counties Risk Pool. 8.6 Approval of the following Mason County Officers, Employee's and Volunteer(s) request for Defense and Indemnification coverage as named defendants in the Charles S. Longshore, Civil Rights Action 3:18 CV-05069-RJB-JRC United States District court case served upon them on February 21, 2018: Kevin Hanson, Joseph Ott, Robert Decker, Joseph Johnston, and Terrance Elson. 8.7 Approval to create, post, and fill a Planner I position, keeping the current Clerical position unfilled. There is no change in the number of positions authorized for the Community Services Department. 8.8 Approval to have the Chair sign a non-binding letter of intent with the Squaxin Island Tribal Council to begin preparing a watershed restoration and enhancement plan and dismiss the Board appeal. 9. Other Business (Department Heads and Elected Officials) 10. 6:30 p.m. Public Hearings and Items Set for a Certain Time 10.1 Public Hearing to inform citizens of the availability of funds and eligible uses for the 2018 Public Services Community Development Block Grant (PS-CDBG) and receive comments on proposed activities specifically funding the Community Action Council of Lewis, Mason &Thurston Counties as well as receiving comments on the 2017 program. Staff: Jessica Sweet 10.2 Public Hearing to consider approval of the following supplemental appropriation and budget transfer requests to the 2018 budget: Supplemental Request: • $30,000 to Current Expense Parks & Trails for Parks Fees Revenue (347.30.302000) • $30,000 to Current Expense Parks & Trails for Salaries and Benefits (various accounts) Budget Transfers • $100,000 Transfer from REET 1 (350.300.594.12.562000) Capital Projects to • $100,000 Current Expense-Facilities for Salaries and Benefits (001.055 various accounts) • $70,000 Transfer from REET 2 (351) Ending Fund Balance to • $70,000 Current Expense-Parks &Trails for Salaries and Benefits (001.146 various accounts) Staff: Frank Pinter 11. Board's Reports & Calendars 12. Adjournment J:\AGENDAS\2018\2018-03-27 REG.doc MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraldes Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: March 27, 2018 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent a marijuana license application for 420 Shelton 1065 SE State Route 3, Shelton. 4.1.2 Washington State Liquor and Cannabis Board sent in 3 liquor license applications, Seattle Oyster Company 18350 E. State Route 3, Allyn, North Mason Hub For Seniors 111 NE Old Belfair Highway, Belfair and Belfair State Park 3151 NE State Route 300, Belfair. 4.1.3 United States Department of Interior Bureau of Indian Affairs (BIA) sent in letters regarding Ogg Property, Parcel No. 31919-11-00030 (1.21 acres), Knight Property, Parcel No. 31919-22-00070 (5.37 acres) and Prior Property, Parcel No. 31919-21-00090 (5.78 acres). This is notification that BIA is acquiring these parcels "in trust"for Squaxin Island Tribe. 4.1.4 Ken VanBuskirk and Francis Rosinski sent in comments regarding the Public Benefit Rating System from the Board of County Commissioners/Planning Advisory Commission joint meeting held on March 14, 2018. 4.1.5 Monte Ritter sent in a resignation email for the Parks and Trails Advisory Board. 4.1.6 Darrin Moody sent in an application for Thurston-Mason Behavioral Health (BOH) Advisory Board. Attachments: Originals on file with the Clerk of the Board. cc:CMMRS Neatherlin,Shutty&Drexler Washington State Clerk Liquor and Cannabis Board NOTICE OF MARIJUANA LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - 3000 Pacific, P.O. Box 43075 Olympia,WA 98504-3075 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://Icb.wa.gov RETURN TO:localauthority@sp.lcb.wa.gov TO: MASON COUNTY COMMISSIONERS DATE: 3/14/18 RE:CHANGE OF LOCATION APPLICATION from 420 DOWNTOWN 23694 HIGHWAY 3 STE A BELFAIR,WA 98528 APPLICANTS: License: 421797 - County:23 SEBAUDY LLC UBI:603-549-592-001-0006 CHAMPAGNE,ZOE ANGELINA Tradename:420 SHELTON 1960-06-21 New Loc: 1065 SE STATE ROUTE 3 MONTARBO, RICCI ANN SHELTON,WA 98584-9195 1981-01-29 Mail: 648 SANDRA LEE CT SE OLYMPIA,WA 98513-9641 RECEIVE® Phone No.: 360-561-6972 RICCI MONTARBO Privileges Applied For: MAR 14 2018 MARIJUANA RETAILER MEDICAL MARIJUANA ENDORSEMENT I Mason County Commissioners As required by RCW 69.50.331(7) the Liquor and Cannabis Board is notifying you that the above has applied for a marijuana license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our Marijuana CHRI desk at(360) 664-1704. YES NO 1.Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3. If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-55-160 for information about this process) 4. If you disapprove,per RCW 69.50.331(7)(c)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE cc:CMMRS Neatherlin,Shutty&Drexler Washington State Clerk m ai` < l,`j f Liquor and Cannabis Board � NOTICE OF LIQUOR LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - 3000 Pacific, P.O. Box 43075 Olympia,WA 98504-3075 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://lcb.wa.gov TO: MASON COUNTY COMMISSIONERS RETURN TO: localauthority@sp.lcb.wa.gov RE: NEW APPLICATION DATE: 3/15/18 U B I: 603-555-495-001-0002 License: 425063 - 1F County:23 APPLICANTS: Tradename:SEATTLE OYSTER COMPANY RITES OF PASSAGE RETREAT LLC Loc Addr: 18350 E STATE ROUTE 3 WELCH, EMMA LUCY ALLYN WA 98524-7723 1980-08-06 WELCH, NATHAN Mail Addr: 142 E STRONG RD 1980-09-07 SHELTON WA 98584-8861 Phone No.: 360-296-3040 NATHAN WELCH RECEIVE® MAR 15 2018 Privileges Applied For: BEER/WINE REST-BEER/WINE Mason County OFF PREMISES Commissioners As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our CHRI desk at(360) 664-1724. YES NO 1. Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3. If you disapprove and the Board contemplates issuing a license,do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-09-010 for information about this process) 4. If you disapprove,per RCW 66.24.010(8)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE cc:CMMRS Neatherlin,Shutty&Drexler Clerk JCiMal1 !0V-b ('r)s WASHINGTON STATE LIQUOR AND CANNABIS BOARD - License Services 3000 Pacific Ave SE - P O Box 43075 Olympia WA 98504-3075 TO: MASON COUNTY COMMISSIONERS MARCH 15, 2018 RECEIVED SPECIAL OCCASION #: 090508 NORTH MASON ROTARY CLUB `*. MAR 1 9 2018 PO BOX 321 a. Mason County ALLYN WA 98524 Commissioners DATE: MAY 19th 2018 TIME: 4 :00 PM TO 11:00 PM PLACE: NORTH MASON HUB FOR SENIORS - 111 NE OLD BELFAIR HWY, BELFAIR CONTACT: JEROMY HICKS (DOB 05.15.1979) 360-271-8205 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO 2. Do you approve of location? YES NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES NO LAW ENFORCEMENT YES NO HEALTH & SANITATION YES NO FIRE, BUILDING, ZONING YES NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE cc:CMMRS Neatherlin,Shutty&Drexler Clerk C'�, )l 9 Y U U p c WASHINGTON STATE LIQUOR AND CANNABIS BOARD — License Services V J 3000 Pacific Ave SE - P 0 Box 43075 Olympia WA 98504-3075 EMAIL SPECIALOCCASIONS@LCB.WA.GOV FAX 360-753-2710 TO: MASON COUNTY COMMISSIONERS MARCH 15, 2018 R EC Elle SPECIAL OCCASION #: 090508 NORTH MASON ROTARY CLUB MAR 19 2018 PO BOX 321 ALLYN WA 98524 Mason County Commissioners DATE: AUGUST 11TH 2018 TIME: 8:00 AM TO 6:00 PM PLACE: BELFAIR STATE PARK (ENCLOSED) - 3151 NE STATE ROUTE 300, BELFAIR CONTACT: JEROMY HICKS (DOB 05.15.1979) 360-271-8205 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO 2. Do you approve of location? YES NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES NO LAW ENFORCEMENT YES NO HEALTH & SANITATION YES NO FIRE, BUILDING, ZONING YES NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE J cc:CMMRS Neatherlin,Shutty&Drexler Clerk "I o i United States Department of the Interior 'f BUREAU OF INDIAN AFFAIRS Northwest Reghional Office 911 N.E. 11t Avenue Portland, Oregon 97232-4169 I V E MAR 0 9 2018 In Reply Refer To: MAR 16 2018 Division of Realty Mason County CERTIFIED MAIL-RETURN RECEIPT REQUESTED Commissioners Mason County Commissioners 411 North 5Street Shelton, Washington 98584 Re: Notice of Determination of Application of the Squaxin Island Tribe—Acquisition in Trust of 1.21 acres, more or less, for the Squaxin Island Tribe in Mason County, Washington. Dear Commissioners: This letter is to inform you that the Northwest Regional Director of the Bureau of Indian Affairs, United States Department of the Interior,has decided to acquire in trust for the Squaxin Island Tribe 1.21 acres,more or less, in Mason County. A copy of the decision is enclosed. Any party who wishes to seek judicial review of this decision must first exhaust administrative remedies. The Director's decision may be appealed to the Interior Board of Indian Appeals (IBIA) in accordance with the regulations in 43 CFR 4.310-4.340. If you choose to appeal this decision, your notice of appeal to the IBIA must be signed by you or your attorney and must be either postmarked and mailed(if you use mail) or delivered(if you use another means of physical delivery,such as Federal Express or UPS to the IBIA within 30 days from the date of publication of this notice. The regulations do not authorize filings by facsimile or by electronic means. Your notice of appeal should clearly identify the decision being appealed. You must send your original notice of appeal to the IBIA at the following address: Interior Board of Indian Appeals, Office of Hearings and Appeals,U.S. Department of the Interior, 801 North Quincy Street, Suite 300,Arlington, Virginia 22203. You must send copies of your notice of appeal to (1)the Assistant Secretary—Indian Affairs, U.S. Department of the Interior, MS-4141-MIB, 1849 C Street NW, Washington, D.C. 20240; (2) each interested party known to you; and (3)the Acting Superintendent. Ogg Property Page 1 s Your notice of appeal sent to the IBIA must include a statement certifying that you have sent copies to these officials and interested parties and should identify them by names or titles and addresses. If you file a notice of appeal,the IBIA will notify you of further procedures. If no appeal is timely filed,this decision will become final for the Department of the Interior at the expiration of the appeal period. No extension of time may be granted for filing a notice of appeal. Sincerely, orthwest Region Director �G w/Enclosure Ogg Property Page 2 ' cc:CMMRS Neatherlin,Shutty&Drexler Clerk) t)I,1ry_ etiz Of:ThfA�t^ United States Department of the Interior BUREAU OF INDIAN AFFAIRS rri Northwest Regional Office ' 911 N.E. 11«Avenue ' Portland,Oregon 972324169 C" 3 {�� MAR 0 r 2019 In Reply Refer To: RECEIVED Division of Realty CERTIFIED MAIL-RETURN RECEIPT REQUESTED MAR 16 208 Honorable Arnold Cooper Mason County Commissioners Chairman Squaxin Island Tribe 10 Southeast Squaxin Lane Shelton, Washington 98584 Dear Chairman Cooper: This is the decision of the Bureau of Indian Affairs(BIA),Northwest Regional Director, on the Squaxin Island Tribe's land into trust application for the property more fully identified below, known as the"Ogg Property" consisting of 1.21 acres, more or less, and located in Mason County, Washington. The proposed acquisition is for housing. This application is not for gaming. For the reasons set forth below, it is my decision to approve the Squaxin Island Tribe's request to acquire the Ogg Property into trust. Application Information The Squaxin Island Tribe(Tribe)requested by Resolution No. 14-81,dated December 11, 2014 and Fee-to-Trust application dated December 20, 2017,that the United States acquire a 1.21-acre tract in trust for the use and benefit of the Tribe and its membership(Exhibit 1). The Tribe acquired the land from Jeremy L. Ogg and Jamie Ogg, Deed dated January 14,2014 and recorded the purchase on January 15, 2014 in Mason County under document number 2019960(Exhibit 2). Decision Ogg Property Page 1 Land Description of the Property The subject property is adjacent to Tribal Trust Tract 157-T1195 (Exhibit 3—Location Maps). The land is described as follows: Parcel No. 31919-11-00030 Parcel 1: A tract of land in the NEI/ of the NE% of Section 19, Township 19, Range 3W, Willamette Meridian, Mason County, Washington,particularly described as follows: COMMENCING at a point on the Section line between Section 19 and Section 20,Township 19N, Range 3W, Willamette Meridian, said point being 508 feet South of the section corner common to Sections 17, 18, 19 and 20, Township 19N, Range 3W,Willamette Meridian; thence North along the Section,line 152.2 feet,more or less, to the Southerly right-of-way of Old Olympic Highway, County Road-,No. 14010 as located on December 23, 1940; thence along said Southerly right-of-way line North 55°West 96.5 feet, to the Northwesterly corner of a tract of land conveyed to Dahle R. Roessel, et ux, in deed recorded under Auditor's File No. 89007, and the POINT OF BEGINNING of the tract of land hereby described;thence continuing North 55° West along said Southerly right-of-way line,223.5 feet to an iron pipe; thence South 310 feet to an iron pipe; thence East 84.75 feet; thence in the Northeasterly direction 203 feet,more or less, to the POINT OF BEGINNING; excepting therefrom, all that portion thereof, if any,which lies within said Roessel tract. Parcel No. 31919-11-00040 Parcel 2: A tract of land in the NEI/o of the NEI/ of Section 19, Township 19N,Range 3W, Willamette Meridian, Mason County,Washington,particularly described as follows: COMMENCING at the Section corner common to Sections 17, 18, 19 and 20, Township 19N, Range 3W,Willamette Meridian,thence S01°20'54"W 367.84 feet, along the section line common to said Sections 19 and 20, to the Southerly right-of-way line of Old Olympic Highway, County Road No.14016; thence N53'3 8'38"W 55.42 feet, along said right-a-way line, to the POINT OF BEGINNING of the tract of land hereby described; thence continue N53°38'38"W 41.08 feet, more or less,to the Northwesterly corner of a tract of land conveyed to Dahle R. Roessel, et ux, in deed recorded under Auditor's File No. 89007; thence South 28° West, along the Westerly line of said Roessel tract, 216 feet, to the Southwesterly corner thereof; thence Easterly along the Southerly line of said Roessel tract, 25 feet, more or less, to the Westerly line of a tract of land conveyed to Roy W. West, et ux, in deed recorded under Auditor's File No. 238915; thence N32°14'34"W, along said Westerly line, to the centerline of Little Skookum Creek; thence Westerly along said centerline to a point which is S27°53'58"W from the point of beginning; thence N27°53'58"E, 85 feet,more or less, to the POINT OF BEGINNING. Containing 1.21 acres,more or less. Decision Ogg Property Page 2 The Land Description Review Certificate was approved by the Bureau of Land Management's (BLM) Chief Cadastral Surveyor on February 23, 2016. The Land Description Review Certificate states that the land description has potential problems as noted, however, the risk appears minor and the conveyance/activity should not be affected (Exhibit 4). I find that the Tribe has fulfilled the requirements of 25 CFR § 151.9 governing requests for approval of acquisitions because Resolution No. 14-81, sets out the identity of the parties, a description of the land, and other information showing that the acquisition comes within 25 CFR Part 151. Regulatory requirements,25 CFR Part 151 This decision of the Northwest Regional Director,Bureau of Indian Affairs is discretionary. In evaluating the Tribe's request to have land taken into trust, the BIA must consider the criteria set out in 25 CFR § 15 1.10(a)through(c) and(e)through(h). Proof that the Northwest Regional Director considered the factors set forth in 25 CFR § 151.10,must appear in the administrative record; however,there is no requirement that the BIA reach a particular conclusion concerning each factor. Nor must the factors be weighed or balanced or exhaustedly analyzed in a particular way. Thurston County, Nebraska v. Great Plains Regional Director, Bureau of Indian Affairs, 56 IBIA 296, 300,301 (04/03/2013). 15 1.10 (a)—Statutory Authority The primary authority to acquire land in trust for a Tribe is Section 5 of the Indian Reorganization Act(IRA)of June 18, 1934, (48 Stat. 984); 25 U.S.C. § 5108. Section 51 provides in relevant part: The Secretary of the Interior is authorized in his discretion, to acquire through purchase,relinquishment, gift exchange, or assignment, any interest in lands, water rights, or surface rights to lands, within or without existing reservations, including trust or otherwise restricted allotments,whether the allottee be living or deceased, for the purpose of providing land for Indians. In accordance with the Carcieri v. Salazar case, the Secretary may use this authority only for tribes that were under federal jurisdiction in 1934. The 1947 tribal relations pamphlet called, Ten Years of Tribal Government Under I.R.A., written by Theodore H. Haas, Chief Counsel, United States Indian Services,the Squaxin Island Tribe voted to accept the IRA on April 6, 1935. 1 Section 5 of the IRA is Codified at 25 USC § 5 108 Decision Ogg Property Page 3 Based on the above facts, the Tribe was under federal jurisdiction when the IRA was enacted, and the Secretary has the authority to take the land into trust using the authority of Section 52 of the IRA. Section 151.3(a) of Title of the Code of Federal Regulations sets for the Department's land acquisition policy. I find that this acquisition is consistent with the policy because: 1) The Tribe already owns the land as evidenced by the Statutory Warranty Deed (Exhibit 2). The Office of Solicitor, Pacific Northwest Region,U.S. Department of the Interior,reviewed the title commitment(Exhibit 5) and provided Preliminary Opinion of Title BIA.PN.163 5 1, dated February 16, 2018(Exhibit 6) finding title vested in the Tribe. 2) The Tribe stated that the land is used for housing. The Tribe will be increasing its land base,which provides greater options and flexibility for future actions to fulfill its self-determination goals. I find that this land is necessary for tribal self-determination and Indian housing. 25 CFR § 151.3(a)(2) and(3) I have determined that the regulatory requirements of 25 CFR § 15 1.10 applies to this trust acquisition. 25 CFR § 151.11 does not apply because the subject property is adjacent to Tribal Trust Land. 151.10 (b)—Need for Additional Land The Squaxin Island Tribe is in Southeastern Mason County, Washington; and consists of approximately 1715.46 acres. The Island is four and half miles long and a half mile wide, it is centered near the entrances to the seven inlets of Southern Puget Sound. The Squaxin Island Reservation was established under the Treaty of Medicine Creek in 1854. The Island continues to be regularly used by tribal members for fishing,hunting, shellfish gathering, camping and other activities. The acquisition of this land into trust status will ensure that the land remains protected for future generations by restricting alienation and will increase the Squaxin Island Tribe's trust land base to provide for greater options and flexibility for future actions to fulfill its self-government, self- determination, Indian housing, and community service goals. Based on the above facts, I find that the Tribe needs this additional land for self-government, self-sufficiency, Indian housing and self-determination purposes, and to increase its land base to better sustain the Tribe and its Tribal members. 2 Section 5 of the IRA is Codified at 25 USC § 5108 Decision Ogg Property Page 4 151.10 (c)—Purpose for which the land will be used The Tribe stated the purpose for the property is for housing and will continue in the current use. Therefore, there is no change in land use for the BIA to consider. 151.10 (e)—Impact on State and local governments' tax base A Notice of Application was sent to the Governor of Washington and to Mason County Board of Commissioners on January 10, 2018 (Exhibit 7). The notice provides 30 days for a written response. The Governor of Washington and Mason County Board of Commissioners(Board of Commissioners)received their notices on January 16,2018. The Governor of Washington and did not respond to the Notice of Application. Mason County Board of Commissioners did respond on February 1, 2018 (property tax information only). The impact on Mason County resulting from the removal of the land from the property tax rolls shall be minimal. Mason County's general fund is approximately$3M,total property taxes are $894.95 which is a mere .0002983 percent of the County's property tax income. I find that I cannot determine any impact on the State due to its failure to respond to the notice. 151.10 (f)—Jurisdictional problems and land use conflicts The State did not respond to the Notice of Application, and thus, they did not raise any jurisdictional problems. The County only responded with amounts paid for property taxes, and thus,they did not raise any jurisdictional problems. The proposed purpose is less likely to produce/cause jurisdictional problems. Thus,based upon what the BIA knows now,there is no basis to conclude that jurisdictional problems will arise as a result of the land's acquisition in trust status. The acquisition of this subject property into trust status should not create any potential land use conflicts. As stated above, the State did not respond to the Notice of Application, and thus,they did not raise any potential land use conflicts. The County did respond,however, they did not raise any potential land use conflicts. I find that there should be no jurisdictional problems or potential land use conflicts, if this land is acquired into trust status. Based on the preceding discussion, I find that my consideration of the criterion in 25 CFR § 151.10(f)weighs in favor of the acquisition of the subject property. 151.10 (g)—Whether the BIA is equipped to discharge additional responsibilities The Squaxin Island Tribe is a self-governance tribe and has compacted all programs, except for Realty. The acquisition in trust of a 1.21-acre parcel should not represent a significant increase in the workload of the Northwest Regional Office after the land is converted to trust status. There will only be duties associated with converting this land into trust status and it will only Decision Ogg Property Page 5 affect Realty, Environmental Services, and Land, Titles and Records at the Northwest Regional Office. I find that the BIA is equipped to discharge any minimal additional responsibilities resulting from the acquisition of this 5.38-acre parcel in trust status. 151.10 (h)—Environmental compliance A Categorical Exclusion dated March 5, 2018, (Exhibit 8),indicates that an environmental assessment is not required because the Tribe indicated that no change in land use after acquisition is planned or known. Therefore, I find that approval of this acquisition falls under 516 DM 10.5(1) and is categorically excluded. Should future development occur, compliance with NEPA will be required if federal funding decision is involved. Historic/Endangered Species Compliance Since there are no approved plans for further development of this property, I anticipate no impact to any historic or archaeological resources or to any threatened or endangered species that may exist on the property. Should future development occur, compliance with laws governing historic properties and endangered species, if applicable,will be required. Phase I Environmental Site Assessment Prior to deed acceptance, a Phase I Environmental Site Assessment will need to be conducted by a qualified Environmental Professional for the property. Additionally,the Phase I Environmental Site Assessment will need to be conducted according to the current ASTM Standards (E 1527) and 40 CFR Part 312. The Phase I Environmental Site Assessment will need to be reviewed and approved by the Northwest Regional Environmental Scientist or Physical Scientist. Conclusion The Squaxin Island Tribe's application and associated documents for acquisition of the Ogg Property have been reviewed and determined to be in compliance with all of the requirements of 25 CFR 151 and Department and Regional Directives. The application is hereby approved. The following items were relied on or provided in support of the proposed acquisition; they are enclosed for reference. 1. Tribal Resolution Number 14-81 2. Statutory Warranty Deed 3. Location Maps 4. Land Description Review 5. Title Commitment 6. Preliminary Opinion of Title Decision Ogg Property Page 6 7. Notice of Application sent to the Governor of Washington and Board of Commissioners 8. Categorical Exclusion Any party who wishes to seek judicial review of this decision must first exhaust administrative remedies. The Northwest Regional Director's decision may be appealed to the Interior Board of Indian Appeals (IBIA)in accordance with the regulations in 43 CFR 4.310-4.340. If you choose to appeal this decision, your notice of appeal to the IBIA must be signed by you or your attorney and must be either postmarked and mailed (if you use mail) or delivered(if you use another means of physical delivery, such as Federal Express or UPS to the IBIA within 30 days from the date of publication of this notice. The regulations do not authorize filings by facsimile or by electronic means. Your notice of appeal should clearly identify the decision being appealed. You must send your original notice of appeal to the IBIA at the following address: Interior Board of Indian Appeals, Office of Hearings and Appeals, U.S. Department of the Interior, 801 North Quincy Street, Suite 300, Arlington, Virginia 22203. You must send copies of your notice of appeal to (1) the Assistant Secretary—Indian Affairs, U.S. Department of the Interior, MS-4141-MIB, 1849 C Street NW,Washington,D.C. 20240; (2) each interested party known to you; and(3)the Northwest Regional Director. Your notice of appeal sent to the IBIA must include a statement certifying that you have sent copies to these officials and interested parties and should identify them by names or titles and addresses. If you file a notice of appeal,the IBIA will notify you of further procedures. If no appeal is timely filed, this decision will become final for the Department of the Interior at the expiration of the appeal period. No extension of time may be granted for filing a notice of appeal. Sincerely, G Northwest Regional Director Enclosures Decision Ogg Property Page 7 cc:CMMRS Neatherlin,Shutty&Drexler Clerk United States Department of the Interior BUREAU OF INDIAN AFFAIRS Northwest Regional Office 911 N.E. llAvenue Portland' Oregon 97232-4169 " ' � t& MAR 0 9 2018 �� CE In Reply Refer To: MAR 16 2018 Division of Realty CERTIFIED MAIL-RETURN RECEIPT REQUESTED Mason CountyCommissioners Mason County Commissioners 411 North 5t' Street Shelton,Washington 98584 Re: Notice of Determination of Application of the Squaxin Island Tribe—Acquisition in Trust of 5.38 acres, more or less, for the Squaxin Island Tribe in Mason County, Washington. Dear Commissioners: This letter is to inform you that the Northwest Regional Director of the Bureau of Indian Affairs, United States Department of the Interior,has decided to acquire in trust for the Squaxin Island Tribe 5.38 acres,more or less, in Mason County. A copy of the decision is enclosed. Any party who wishes to seek judicial review of this decision must first exhaust administrative remedies. The Director's decision may be appealed to the Interior Board of Indian Appeals (IBIA) in accordance with the regulations in 43 CFR 4.310-4.340. If you choose to appeal this decision,your notice of appeal to the IBIA must be signed by you or your attorney and must be either postmarked and mailed(if you use mail) or delivered(if you use another means of physical delivery, such as Federal Express or UPS to the IBIA within 30 days from the date of publication of this notice. The regulations do not authorize filings by facsimile or by electronic means. Your notice of appeal should clearly identify the decision being appealed. You must send your original notice of appeal to the IBIA at the following address: Interior Board of Indian Appeals, Office of Hearings and Appeals,U.S. Department of the Interior, 801 North Quincy Street, Suite 300,Arlington, Virginia 22203. You must send copies of your notice of appeal to (1)the Assistant Secretary—Indian Affairs, U.S. Department of the Interior, MS-4141-MIB, 1849 C Street NW, Washington, D.C. 20240; (2) each interested party known to you; and(3)the Acting Superintendent. Knight Property Page 1 a w Your notice of appeal sent to the IBIA must include a statement certifying that you have sent copies to these officials and interested parties and should identify them by names or titles and addresses. If you file a notice of appeal, the IBIA will notify you of further procedures. If no appeal is timely filed,this decision will become final for the Department of the Interior at the expiration of the appeal period. No extension of time may be granted for filing a notice of appeal. Sincerely, G� Northwest Regional Director w/Enclosure Knight Property Page 2 cc:CMMRS Neatherlinn,,Shutty&Drexler Clerk ) biaU C, United States Department of the Interior BUREAU OF INDIAN AFFAIRS Northwest Regional Office 911 N.E. 11th Avenue ' Portland,Oregon 972324169 MAR 0 7 2018 RECEIVED In Reply Refer To: Division of Realty MAR 16 2018 CERTIFIED MAIL-RETURN RECEIPT REQUESTED Mason County Commissioners Honorable Arnold Cooper Chairman Squaxin Island Tribe 10 Southeast Squaxin Lane Shelton,Washington 98584 Dear Chairman Cooper: This is the decision of the Bureau of Indian Affairs (BIA),Northwest Regional Director, on the Squaxin Island Tribe's land into trust application for the property more fully identified below, known as the"Knight Property" consisting of 5.38 acres,more or less, and located in Mason County,Washington. The proposed acquisition is for housing. This application is not for gaming. For the reasons set forth below,it is my decision to approve the Squaxin Island Tribe's request to acquire the Knight Property into trust. Application Information The Squaxin Island Tribe(Tribe)requested by Resolution No. 17-88, dated December 14, 2017 and Fee-to-Trust application dated December 20, 2017, that the United States acquire a 5.38-acre tract in trust for the use and benefit of the Tribe and its membership (Exhibit 1). The Tribe acquired the land from Tom Lee Knight and Mary Margaret Knight, Deed dated June 20, 2013 and recorded the purchase on June 26, 2013 in Mason County under document number 2010557 (Exhibit 2). Decision Knight Property Page 1 Land Description of the Property The subject property is adjacent to Tribal Trust Tract 130-TI 190 (Exhibit 3—Location Maps). The land is described as follows: Parcel No. 31919-22-00070 All that portion of the NW'/ of Section 19, Township 19N, Range 3W, Willamette Meridian, Mason County, Washington,particularly described as follows: COMMENCING at the Northwest corner of said NWl/;thence S87°32'31"E along the North line thereof, 2,487.61 feet; thence S2°25'39"W, 1,011.79 feet; thence S2°12'38"E, 443.96 feet; thence S75°01'34"W, 1,246.85 feet to the POINT OF BEGINNING of the tract of land hereby described; thence S75°01'34"W, 268.56 feet; thence N8°51'44"W, 820.32 feet,more or less, to the Southeasterly right-of-way line of State Route 108; thence Northeasterly, along said Southeasterly right-of-way, 301.07 feet to a point N9°26'26"W of the point of beginning; thence S9026'26"E, 944.60 feet to the POINT OF BEGINNING. Containing 5.38 acres, more or less. The Land Description Review Certificate was approved by the Bureau of Land Management's (BLM) Chief Cadastral Surveyor on December 12, 2017. The Land Description Review Certificate states that the land description is acceptable(Exhibit 4). I find that the Tribe has fulfilled the requirements of 25 CFR § 151.9 governing requests for approval of acquisitions because Resolution No. 17-88, sets out the identity of the parties, a description of the land, and other information showing that the acquisition comes within 25 CFR Part 151. Regulatory requirements, 25 CFR Part 151 This decision of the Northwest Regional Director,Bureau of Indian Affairs is discretionary. In evaluating the Tribe's request to have land taken into trust,the BIA must consider the criteria set out in 25 CFR § 15 1.10 (a)through(c) and(e)through(h). Proof that the Northwest Regional Director considered the factors set forth in 25 CFR § 151.10,must appear in the administrative record; however, there is no requirement that the BIA reach a particular conclusion concerning each factor. Nor must the factors be weighed or balanced or exhaustedly analyzed in a particular way. Thurston County, Nebraska v. Great Plains Regional Director, Bureau of Indian Affairs, 56 IBIA 296, 300,301 (04/03/2013). Decision Knight Property Page 2 151.10 (a)—Statutory Authority The primary authority to acquire land in trust for a Tribe is Section 5 of the Indian Reorganization Act(IRA) of June 18, 1934, (48 Stat. 984); 25 U.S.C. § 5108. Section 51 provides in relevant part: The Secretary of the Interior is authorized in his discretion, to acquire through purchase,relinquishment, gift exchange, or assignment, any interest in lands, water rights, or surface rights to lands,within or without existing reservations, including trust or otherwise restricted allotments,whether the allottee be living or deceased, for the purpose of providing land for Indians. In accordance with the Carcieri v. Salazar case,the Secretary may use this authority only for tribes that were under federal jurisdiction in 1934. The 1947 tribal relations pamphlet called, Ten Years of Tribal Government Under I.R.A., written by Theodore H. Haas, Chief Counsel,United States Indian Services,the Squaxin Island Tribe voted to accept the IRA on April 6, 1935. Based on the above facts, the Tribe was under federal jurisdiction when the IRA was enacted, and the Secretary has the authority to take the land into trust using the authority of Section 5Z of the IRA. Section 151.3(a) of Title of the Code of Federal Regulations sets for the Department's land acquisition policy. I find that this acquisition is consistent with the policy because: 1) The Tribe already owns the land as evidenced by the Statutory Warranty Deed (Exhibit 2). The Office of Solicitor, Pacific Northwest Region,U.S. Department of the Interior,reviewed the title commitment(Exhibit 5) and provided Preliminary Opinion of Title BIA.PN.16352, dated February 16, 2018(Exhibit 6) finding title vested in the Tribe. 2) The Tribe stated that the land is used for housing. The Tribe will be increasing its land base, which provides greater options and flexibility for future actions to fulfill its self-determination goals. I find that this land is necessary for tribal self-determination and Indian housing. 25 CFR § 151.3(a)(2) and(3) I have determined that the regulatory requirements of 25 CFR § 15 1.10 applies to this trust acquisition. 25 CFR § 151.11 does not apply because the subject property is adjacent to Tribal Trust Land. 1 Section 5 of the IRA is Codified at 25 USC§ 5108 2 Section 5 of the IRA is Codified at 25 USC § 5108 Decision Knight Property Page 3 151.10 (b)—Need for Additional Land The Squaxin Island Tribe is in Southeastern Mason County,Washington; and consists of approximately 1715.46 acres. The Island is four and half miles long and a half mile wide, it is centered near the entrances to the seven inlets of Southern Puget Sound. The Squaxin Island Reservation was established under the Treaty of Medicine Creek in 1854. The Island continues to be regularly used by tribal members for fishing,hunting, shellfish gathering, camping and other activities. The acquisition of this land into trust status will ensure that the land remains protected for future generations by restricting alienation and will increase the Squaxin Island Tribe's trust land base to provide for greater options and flexibility for future actions to fulfill its self-government, self- determination, Indian housing, and community service goals. Based on the above facts, I find that the Tribe needs this additional land for self-government, self-sufficiency, Indian housing and self-determination purposes, and to increase its land base to better sustain the Tribe and its Tribal members. 151.10 (c)—Purpose for which the land will be used The Tribe stated the purpose for the property is for housing and will continue in the current use. Therefore,there is no change in land use for the BIA to consider. 151.10 (e)—Impact on State and local governments' tax base A Notice of Application was sent to the Governor of Washington and to Mason County Board of Commissioners on January 10, 2018 (Exhibit 7). The notice provides 30 days for a written response. The Governor of Washington and Mason County Board of Commissioners (Board of Commissioners)received their notices on January 16, 2018. The Governor of Washington and did not respond to the Notice of Application. Mason County Board of Commissioners did respond on February 1, 2018 (property tax information only). The impact on Mason County resulting from the removal of the land from the property tax rolls shall be minimal. Mason County's general fund is approximately$3M, total property taxes are $894.95 which is a mere .0002983 percent of the County's property tax income. I find that I cannot determine any impact on the State due to its failure to respond to the notice. Decision Knight Property Page 4 151.10 (fl—Jurisdictional problems and land use conflicts The State did not respond to the Notice of Application, and thus, they did not raise any jurisdictional problems. The County only responded with amounts paid for property taxes, and thus,they did not raise any jurisdictional problems. The proposed purpose is less likely to produce/cause jurisdictional problems. Thus,based upon what the BIA knows now,there is no basis to conclude that jurisdictional problems will arise as a result of the land's acquisition in trust status. The acquisition of this subject property into trust status should not create any potential land use conflicts. As stated above, the State did not respond to the Notice of Application, and thus,they did not raise any potential land use conflicts. The County did respond,however, they did not raise any potential land use conflicts: I find that there should be no jurisdictional problems or potential land use conflicts, if this land is acquired into trust status. Based on the preceding discussion, I find that my consideration of the criterion in 25 CFR § 151.10(f)weighs in favor of the acquisition of the subject property. 151.10 (g)—Whether the BIA is equipped to discharge additional responsibilities The Squaxin Island Tribe is a self-governance tribe and has compacted all programs, except for Realty. The acquisition in trust of a 5.38-acre parcel should not represent a significant increase in the workload of the Northwest Regional Office after the land is converted to trust status. There will only be duties associated with converting this land into trust status and it will only affect Realty, Environmental Services, and Land, Titles and Records at the Northwest Regional Office. I find that the BIA is equipped to discharge any minimal additional responsibilities resulting from the acquisition of this 5.38-acre parcel in trust status. 151.10 (h)—Environmental compliance A Categorical Exclusion dated March 5, 2018, (Exhibit 8),indicates that an environmental assessment is not required because the Tribe indicated that no change in land use after acquisition is planned or known. Therefore, I find that approval of this acquisition falls under 516 DM 10.5(1) and is categorically excluded. Should future development occur, compliance with NEPA will be required if federal funding decision is involved. Historic/Endangered Species Compliance Since there are no approved plans for further development of this property, I anticipate no impact to any historic or archaeological resources or to any threatened or endangered species that may exist on the property. Should future development occur, compliance with laws governing historic properties and endangered species, if applicable,will be required. Decision Knight Property Page 5 Phase I Environmental Site Assessment Prior to deed acceptance, a Phase I Environmental Site Assessment will need to be conducted by a qualified Environmental Professional for the property. Additionally,the Phase I Environmental Site Assessment will need to be conducted according to the current ASTM Standards (E 1527) and 40 CFR Part 312. The Phase I Environmental Site Assessment will need to be reviewed and approved by the Northwest Regional Environmental Scientist or Physical Scientist. Conclusion The Squaxin Island Tribe's application and associated documents for acquisition of the Knight Property have been reviewed and determined to be in compliance with all of the requirements of 25 CFR 151 and Department and Regional Directives. The application is hereby approved. The following items were relied on or provided in support of the proposed acquisition; they are enclosed for reference. 1. Tribal Resolution Number 17-88 2. Statutory Warranty Deed 3. Location Maps 4. Land Description Review 5. Title Commitment 6. Preliminary Opinion of Title 7. Notice of Application sent to the Governor of Washington and Board of Commissioners 8. Categorical Exclusion Any party who wishes to seek judicial review of this decision must first exhaust administrative remedies. The Northwest Regional Director's decision may be appealed to the Interior Board of Indian Appeals(IBIA) in accordance with the regulations in 43 CFR 4.310-4.340. If you choose to appeal this decision,your notice of appeal to the 113IA must be signed by you or your attorney and must be either postmarked and mailed(if you use mail) or delivered(if you use another means of physical delivery, such as Federal Express or UPS to the IBIA within 30 days from the date of publication of this notice. The regulations do not authorize filings by facsimile or by electronic means. Your notice of appeal should clearly identify the decision being appealed. You must send your original notice of appeal to the I 31A at the following address: Interior Board of Indian Appeals, Office of Hearings and Appeals,U.S. Department of the Interior, 801 North Quincy Street, Suite 300,Arlington, Virginia 22203. You must send copies of your notice of appeal to (1)the Assistant Secretary—Indian Affairs, U.S. Department of the Interior, MS-4141-MIB, 1849 C Street NW, Washington, D.C. 20240; (2) each interested party known to you; and (3)the Northwest Regional Director. Your notice of appeal sent to the IBIA must include a statement certifying that you have sent copies to these officials and interested parties and should identify them by names or titles and addresses. Decision Knight Property Page 6 If you file a notice of appeal,the IBIA will notify you of further procedures. If no appeal is timely filed, this decision will become final for the Department of the Interior at the expiration of the appeal period. No extension of time may be granted for filing a notice of appeal. Sincerely, SGS Northwest Regio al Director Enclosures Decision Knight Property Page 7 cc:CMMRS Neatherlin,Shutty&Drexler Clerk T- ..; United States Department of the Interior BUREAU OF INDIAN AFFAIRS Northwest Regional Office 911 N.E. 11th Avenue ' Portland,Oregon 97232-4169 w , RE EIVE MAR 0 9 2018 In Reply Refer To: MAR 16 2018 Division of Realty Mason County CERTIFIED MAIL-RETURN RECEIPT REQUESTED Commissioners Mason County Commissioners 411 North 5th Street Shelton, Washington 98584 Re: Notice of Determination of Application of the Squaxin Island Tribe—Acquisition in Trust of 5.78 acres,more or less, for the Squaxin Island Tribe in Mason County,Washington. Dear Commissioners: This letter is to inform you that the Northwest Regional Director of the Bureau of Indian Affairs, United States Department of the Interior,has decided to acquire in trust for the Squaxin Island Tribe 5.78 acres,more or less, in Mason County. A copy of the decision is enclosed. Any party who wishes to seek judicial review of this decision must first exhaust administrative remedies. The Director's decision may be appealed to the Interior Board of Indian Appeals (IBIA) in accordance with the regulations in 43 CFR 4.310-4.340. If you choose to appeal this decision, your notice of appeal to the IBIA must be signed by you or your attorney and must be either postmarked and mailed (if you use mail) or delivered(if you use another means of physical delivery, such as Federal Express or UPS to the IBIA within 30 days from the date of publication of this notice. The regulations do not authorize filings by facsimile or by electronic means. Your notice of appeal should clearly identify the decision being appealed. You must send your original notice of appeal to the IBIA at the following address: Interior Board of Indian Appeals, Office of Hearings and Appeals, U.S. Department of the Interior, 801 North Quincy Street, Suite 300, Arlington, Virginia 22203. You must send copies of your notice of appeal to (1) the Assistant Secretary—Indian Affairs, U.S. Department of the Interior, MS-4141-MIB, 1849 C Street NW, Washington, D.C. 20240; (2) each interested party known to you; and (3)the Acting Superintendent. Prior Property Page 1 Your notice of appeal sent to the IBIA must include a statement certifying that you have sent copies to these officials and interested parties and should identify them by names or titles and addresses. If you file a notice of appeal, the IBIA will notify you of further procedures. If no appeal is timely filed,this decision will become final for the Department of the Interior at the expiration of the appeal period. No extension of time may be granted for filing a notice of appeal. Sincerely, AviortGv orthwest Regional Director w/Enclosure Prior Property Page 2 cc:CMMRS Neatherlin,Shutty&Drexler Clerk ) N ani-, United States Department of the Interior BUREAU OF INDIAN AFFAIRS ? Northwest Regional Office 911 N.E. 11th Avenue Portland,Oregon 972324169 " S.'a MAR 0 7 2018 RECEIVED In Reply Refer To: MAR 16 2018 Division of Realty Mason County CERTIFIED MAIL-RETURN RECEIPT REQUESTED Commissioners Honorable Arnold Cooper Chairman Squaxin Island Tribe 10 Southeast Squaxin Lane Shelton, Washington 98584 Dear Chairman Cooper: This is the decision of the Bureau of Indian Affairs(BIA),Northwest Regional Director,on the Squaxin Island Tribe's land into trust application for the property more fully identified below, known as the"Prior Property" consisting of 5.78 acres,more or less, and located in Mason County, Washington. The proposed acquisition is for housing. This application is not for gaming. For the reasons set forth below, it is my decision to approve the Squaxin Island Tribe's request to acquire the Prior Property into trust. Application Information The Squaxin Island Tribe(Tribe)requested by Resolution No. 14-82, dated December 11, 2014 and Fee-to-Trust application dated December 20, 2017, that the United States acquire a 5.78-acre tract in trust for the use and benefit of the Tribe and its membership (Exhibit 1). The Tribe acquired the land from Catherine L. Prior, Deed dated November 25, 2013 and recorded the purchase on December 2, 2013 in Mason County under document number 2018174 (Exhibit 2). Decision Prior Property Page 1 Land Description of the Property The subject property is adjacent to Tribal Trust Tract 130-T1190 (Exhibit 3—Location Maps). The land is described as follows: Parcel No. 31919-21-00090 All that portion of the NW% of Section 19,Township 19N,Range 3W,Willamette Meridian, Mason County Washington,particularly described as follows: COMMENCING at the Northwest corner of said NW'/; thence S87°32'31"E along the North line thereof, 2,487.61 feet,to the North quarter corner of said Section 19;thence S2°58'39"W, 1,011.79 feet; thence S2°12'38"E,443.96 feet, to the Northerly right-of-way line of the Northern Pacific Railway Company, as conveyed in deed recorded in Volume 45 of Deeds,page 111, Auditor's File No. 44332,records of Mason County, Washington;thence, along said Northerly right-of-way line, S75001'34"W, 787.59 feet to the POINT OF BEGINNING of the tract of land hereby described; thence continuing along said Northerly right-of-way line, S75°01'34"W, 216.01 feet; thence N897'l 5"W, 1044.30 feet,more or less,to the Southeasterly right-of-way line of State Route 108; thence Northeasterly, along said Southeasterly right-of-way, to a point thereon N9°17'34"W from the point of beginning; thence S9'1 7'34"E, 1,120.52 feet,more or less, to the POINT OF BEGINNING. Containing 5.78 acres,more or less. The Land Description Review Certificate was approved by the Bureau of Land Management's (BLM) Chief Cadastral Surveyor on December 12, 2017. The Land Description Review Certificate states that the land description have potential problems as noted,however, the risk appears to be minor and the conveyance/activity should not be affected(Exhibit 4). I find that the Tribe has fulfilled the requirements of 25 CFR § 151.9 governing requests for approval of acquisitions because Resolution No. 14-82, sets out the identity of the parties, a description of the land, and other information showing that the acquisition comes within 25 CFR Part 151. Regulatory requirements,25 CFR Part 151 This decision of the Northwest Regional Director,Bureau of Indian Affairs is discretionary. In evaluating the Tribe's request to have land taken into trust, the BIA must consider the criteria set out in 25 CFR § 15 1.10 (a)through(c) and(e)through(h). Proof that the Northwest Regional Director considered the factors set forth in 25 CFR § 151.10,must appear in the administrative record; however,there is no requirement that the BIA reach a particular conclusion concerning each factor. Nor must the factors be weighed or balanced or exhaustedly analyzed in a particular way. Thurston County, Nebraska v. Great Plains Regional Director, Bureau of Indian Affairs, 56 IBIA 296, 300,301 (04/03/2013). Decision Prior Property Page 2 151.10 (a)—Statutory Authority The primary authority to acquire land in trust for a Tribe is Section 5 of the Indian Reorganization Act(IRA) of June 18, 1934, (48 Stat. 984); 25 U.S.C. § 5108. Section 51 provides in relevant part: The Secretary of the Interior is authorized in his discretion,to acquire through purchase,relinquishment, gift exchange, or assignment, any interest in lands, water rights, or surface rights to lands,within or without existing reservations, including trust or otherwise restricted allotments,whether the allottee be living or deceased, for the purpose of providing land for Indians. In accordance with the Carcieri v. Salazar case, the Secretary may use this authority only for tribes that were under federal jurisdiction in 1934. The 1947 tribal relations pamphlet called, Ten Years of Tribal Government Under I.R.A., written by Theodore H. Haas, Chief Counsel, United States Indian Services, the Squaxin Island Tribe voted to accept the IRA on April 6, 1935. Based on the above facts, the Tribe was under federal jurisdiction when the IRA was enacted, and the Secretary has the authority to take the land into trust using the authority of Section 52 of the IRA. Section 151.3(a) of Title of the Code of Federal Regulations sets for the Department's land acquisition policy. I find that this acquisition is consistent with the policy because: 1) The Tribe already owns the land as evidenced by the Statutory Warranty Deed (Exhibit 2). The Office of Solicitor, Pacific Northwest Region,U.S. Department of the Interior,reviewed the title commitment(Exhibit 5) and provided Preliminary Opinion of Title BIA.PN.163 50, dated February 16, 2018(Exhibit 6) finding title vested in the Tribe. 2) The Tribe stated that the land is used for housing. The Tribe will be increasing its land base,which provides greater options and flexibility for future actions to fulfill its self-determination goals. I find that this land is necessary for tribal self-determination and Indian housing. 25 CFR § 151.3(a)(2) and(3) I have determined that the regulatory requirements of 25 CFR § 15 1.10 applies to this trust acquisition. 25 CFR § 151.11 does not apply because the subject property is adjacent to Tribal Trust Land. 1 Section 5 of the IRA is Codified at 25 USC§ 5108 2 Section 5 of the IRA is Codified at 25 USC§ 5108 Decision Prior Property Page 3 151.10 (b)—Need for Additional Land The Squaxin Island Tribe is in Southeastern Mason County,Washington; and consists of approximately 1715.46 acres. The Island is four and half miles long and a half mile wide, it is centered near the entrances to the seven inlets of Southern Puget Sound. The Squaxin Island Reservation was established under the Treaty of Medicine Creek in 1854. The Island continues to be regularly used by tribal members for fishing,hunting, shellfish gathering, camping and other activities. The acquisition of this land into trust status will ensure that the land remains protected for future generations by restricting alienation and will increase the Squaxin Island Tribe's trust land base to provide for greater options and flexibility for future actions to fulfill its self-government, self- determination, Indian housing, and community service goals. Based on the above facts, I find that the Tribe needs this additional land for self-government, self-sufficiency, Indian housing and self-determination purposes, and to increase its land base to better sustain the Tribe and its Tribal members. 151.10 (e) —Purpose for N-,,hich the land will be used The Tribe stated the purpose for the property is for housing and will continue in the current use. Therefore,there is no change in land use for the BIA to consider. 151.10 (e)—Impact on State and local governments' tax base A Notice of Application was sent to the Governor of Washington and to Mason County Board of Commissioners on January 10,2018 (Exhibit 7). The notice provides 30 days for a written response. The Governor of Washington and Mason County Board of Commissioners (Board of Commissioners)received their notices on January 16, 2018. The Governor of Washington and did not respond to the Notice of Application. Mason County Board of Commissioners did respond on February 1, 2018 (property tax information only). The impact on Mason County resulting from the removal of the land from the property tax rolls shall be minimal. Mason County's general fund is approximately$3M,total property taxes are $894.95 which is a mere .0002983 percent of the County's property tax income. I find that I cannot determine any impact on the State due to its failure to respond to the notice. Decision Prior Property Page 4 151.10 (f)—Jurisdictional problems and land use conflicts The State did not respond to the Notice of Application, and thus,they did not raise any jurisdictional problems. The County only responded with amounts paid for property taxes, and thus, they did not raise any jurisdictional problems. The proposed purpose is less likely to produce/cause jurisdictional problems. Thus,based upon what the BIA knows now,there is no basis to conclude that jurisdictional problems will arise as a result of the land's acquisition in trust status. The acquisition of this subject property into trust status should not create any potential land use conflicts. As stated above,the State did not respond to the Notice of Application, and thus,they did not raise any potential land use conflicts. The County did respond,however,they did not raise any potential land use conflicts. I find that there should be no jurisdictional problems or potential land use conflicts, if this land is acquired into trust status. Based on the preceding discussion, I find that my consideration of the criterion in 25 CFR § 151.10(f)weighs in favor of the acquisition of the subject property. 151.10 (g)—Whether the BIA is equipped to discharge additional responsibilities The Squaxin Island Tribe is a self-governance tribe and has compacted all programs, except for Realty. The acquisition in trust of a 5.78-acre parcel should not represent a significant increase in the workload of the Northwest Regional Office after the land is converted to trust status. There will only be duties associated with converting this land into trust status and it will only affect Realty, Environmental Services, and Land, Titles and Records at the Northwest Regional Office. I find that the BIA is equipped to discharge any minimal additional responsibilities resulting from the acquisition of this 5.78-acre parcel in trust status. 151.10 (h)—Environmental compliance A Categorical Exclusion dated March 5, 2018, (Exhibit 8),indicates that an environmental assessment is not required because the Tribe indicated that no change in land use after acquisition is planned or known. Therefore, I find that approval of this acquisition falls under 516 DM 10.5(1) and is categorically excluded. Should future development occur, compliance with NEPA will be required if federal funding decision is involved. Historic/Endangered Species Compliance Since there are no approved plans for further development of this property, I anticipate no impact to any historic or archaeological resources or to any threatened or endangered species that may exist on the property. Should future development occur, compliance with laws governing historic properties and endangered species, if applicable, will be required. Decision Prior Property Page 5 Phase I Environmental Site Assessment Prior to deed acceptance, a Phase I Environmental Site Assessment will need to be conducted by a qualified Environmental Professional for the property. Additionally,the Phase I Environmental Site Assessment will need to be conducted according to the current ASTM Standards(E 1527) and 40 CFR Part 312. The Phase I Environmental Site Assessment will need to be reviewed and approved by the Northwest Regional Environmental Scientist or Physical Scientist. Conclusion The Squaxin Island Tribe's application and associated documents for acquisition of the Knight Property have been reviewed and determined to be in compliance with all of the requirements of 25 CFR 151 and Department and Regional Directives. The application is hereby approved. The following items were relied on or provided in support of the proposed acquisition;they are enclosed for reference. 1. Tribal Resolution Number 14-82 2. Statutory Warranty Deed 3. Location Maps 4. Land Description Review 5. Title Commitment 6. Preliminary Opinion of Title 7. Notice of Application sent to the Governor of Washington and Board of Commissioners 8. Categorical Exclusion Any party who wishes to seek judicial review of this decision must first exhaust administrative remedies. The Northwest Regional Director's decision may be appealed to the Interior Board of Indian Appeals (IBIA) in accordance with the regulations in 43 CFR 4.310-4.340. If you choose to appeal this decision,your notice of appeal to the IBIA must be signed by you or your attorney and must be either postmarked and mailed(if you use mail) or delivered(if you use another means of physical delivery,such as Federal Express or UPS to the IBIA within 30 days from the date of publication of this notice. The regulations do not authorize filings by facsimile or by electronic means. Your notice of appeal should clearly identify the decision being appealed. You must send your original notice of appeal to the IBIA at the following address: Interior Board of Indian Appeals, Office of Hearings and Appeals, U.S. Department of the Interior, 801 North Quincy Street, Suite 300, Arlington,Virginia 22203. You must send copies of your notice of appeal to (1)the Assistant Secretary—Indian Affairs,U.S. Department of the Interior, MS-4141-MIB, 1849 C Street NW,Washington, D.C. 20240; (2) each interested party known to you; and(3)the Northwest Regional Director. Your notice of appeal sent to the IBIA must include a statement certifying that you have sent copies to these officials and interested parties and should identify them by names or titles and addresses. Decision Prior Property Page 6 If you file a notice of appeal,the IBIA will notify you of further procedures. If no appeal is timely filed, this decision will become final for the Department of the Interior at the expiration of the appeal period. No extension of time may be granted for filing a notice of appeal. Sincerely, G�orthwest Regional Director A Enclosures Decision Prior Property Page 7 cc:CMMRS Neatherlin,Shutty&Drexler Clerk From: "Ken VanBuskirk" <kenvanb@gmail.com> To: "Diane toren" <Dlz@co.mason.wa.us> MAR 2 0 2018 CC: <PAC@co.mason.wa.us>, "Commissioner Shutty" <kshutty@co.mason.wa.us>, "C... Date: 3/15/2018 8:05 AM Mason County Subject: Correspondence to BOCC Commissioners Attachments: Scan02l3.pdf-. March 14.docx Diane please accept this as official correspondence to the Board regarding the Public Benefit Rating System. I attended the joint special meeting of PAC and BOCC last evening, and as a party of record, I submitted the attached comments. I am extremely disappointed that the establishment of the advisory committee per RCW 84.34.145 was not discussed in depth. I'm unclear if the recommendation,(below) came from staff or the PAC. One meeting for a few hours seems absurd!. In 2006, the last time PBRS was considered, the BOCC adopted the resolution attached. I would recommend that a similar resolution be adopted! I would respectfully ask that the PAC delay further meetings on the PBRS, until after the Board of County Commissioners takes official action to notify potentially affected parcel owners so they have a chance to participate and comment. Thank you Ken VanBuskirk. ----- Original Message----- From: Paula Reeves To: Amber Cervantes ; Ken VanBuskirk Cc: PAC@co.mason.wa.us Sent: Tuesday, March 13, 2018 8:48 AM Subject: Re: Planning Commission Comments-DRAFT Public Benefit Rating System-FEbruary 2018 Hi Ken - We have recommended that the BOCC convene an advisory committee per RCW 84.34.145 to meet one time for a few hours and provide any advisement to the Assessor related to implementing assessment guidelines established by the Dept. of Revenue - per the state law. Regarding the grandfathering, we haven't received direction to grandfather properties in the program now at their current level of tax relief. That may not be consistent with the law. We could check on this, but I think it would need to be direction from the BOCC. Right now they have just asked the PAC to develop a Public Benefit Rating System. These two comments were also addressed in my response to your March 9th email. I hope this helps. RCW 84.34.145 Advisory committee. The county legislative authority shall appoint a five member committee representing the active farming community within the county to serve in an advisory capacity to the assessor in implementing assessment guidelines as established by the department of revenue for the assessment of open space, farms and agricultural lands, and timberlands classified under this chapter. Paula Reeves, AICP CTP Mason County Planning Manager 615 W Alder Street, Building #8 Shelton, WA 98584 P: 360-427-9670 x286 E: PReeves@co.mason.wa.us >>> "Ken VanBuskirk" <kenvanb@gmail.com> 3/12/2018 10:08 PM >>> After listening to the BOCC briefing last July 2017 there was discussion between the BOCC and ' Assessor staff about grandfathering existing properties in "open space" current use into the PBRS program. . I think that all properties that are in that open space current use category should be "grandfathered', in other words not have to go through the PBRS rating system and tax assessment remains the same, if PBRS is adopted. I also would like to see addressed in the new ordinance an "advisory group" made up of representatives of the agricultural community as required by RCW. thanks ken March 14, 2018 BOCC/PAC joint meeting: For the record, Ken VanBuskirk, Davis Farm Road, Belfair. I'm a lifelong conservationist having worked to protect public and private open spaces all across this country as well as here in Mason County. I think the planning commission would benefit if you had members that are involved with the open space current use program to give their perspectives. Short version: I submitted some key questions to be included in the agenda tonight.The main question is why is the County considering PBRS when we have a current use open space application process in place? Long version: I've reached out to a couple of PAC members and they have shared that they are feeling pressured by staff and the BOCC to approve this ordinance. I have been doing a bit of research and public records requests, some of which are still pending, and I have to agree. Of the 39 Counties in the State only 19 have adopted a PBRS. Franklin County took over two years to adopt and they didn't have any current use open space lands already enrolled. Why is Mason County in such a rush? Some of you Commissioners have expressed a concern that there is too much open space in County. There is quite a bit of open space in the County that isn't paying any taxes at all. Federal, State and nonprofit Conservation groups are a few. In those open spaces that are taxed there are three types;valued at their current use rather than their highest and best use.Timber land 282,921 acres; Open Space 2462 acres; Farm and Agriculture 1389 acres With this new PBRS ordinance you are looking at less than 1%of the total. In my opinion you should audit the Timberland like the Assessor did with Farm and AG, and then consider a PBRS in case some of those would like to transfer into the open space program. To implement the rating system will be a large staff burden and I haven't got an answer to a cost estimate to the County of implementing the program. The Mason County Comp plan has open space priorities and criteria that are specific to Mason County and are not addressed in the PBRS. (Such as separating incompatible land uses) I've requested several of the PACs audio and BOCC audio recordings and I am disappointed! Some of you Commissioners feel that the current open space program is "offensive", "willy nilly", people are taking advantage of program, "free money"; "all a person has to do is slap their hand on assessors desk". Credit shouldn't be given for buffers,or for protection the CARA's. "Its way too easy to qualify"and the criteria needs to be more restrictive!. Just to set the record straight, it is a two year application process after you pay a fee,fill out an application, attend a BOCC public hearing and then; if you are approved,you enter into a written agreement with County. Last September I asked that all folks with property in open space and those with applications be notified about this new ordinance. It's a real disservice that you didn't notify those who might be affected and have the most knowledge about the benefits of open space. Before you establish the PBRS I think you have to ask if it's really necessary. Here is the current application used state wide in other Counties like ours. http://www.co.mason.wa.us/forms/assessor/open-space-class-app.pdf The County must appoint an advisory committee made up of the farming community as required by RCW. If you do adopt this PBRS system I would ask that a clause grandfathering all current parcels, even those under 5 acres),with BOCC approved current use agreements; be included in the ordinance. Thank you, Ken Van Buskirk cc:CMMRS Neatherlin,Shutty&Drexler Clerk From: Frank Rosinski <fwrosinski@msn.com> To: Ken VanBuskirk <kenvanb@gmail.com>, Diane Zoren <Dlz@co.mason.wa.us> CC: "PAC@co.mason.wa.us" <PAC@co.mason.wa.us>, Commissioner Shutty <kshutty@... Date: 3/15/2018 1:02 PM Subject: Re: Correspondence to BOCC I agree with Ken VanBuskirk, I am trying to inform any neighbors that have or want to have open space to attend the meetings and voice their concerns. We should all have public notifications about public meetings that directly affect us. I too am disappointed that this notification has not happened. I feel this is very important. I want open, fair, and transparent meetings where all sides have a say and we can easily learn the reswt Francis Rosinski 4141 E Grapeview Loop Road MAR 2 0 2018 From: Ken VanBuskirk <kenvanb@gmail.com> Mason County Sent: Thursday, March 15, 2018 8:04 AM Commissioners To: Diane Zoren Cc: PAC@co.mason.wa.us; Commissioner Shutty; Commissioner Neatherlin; Commissioner Jeffreys; Paula Reeves Subject: Correspondence to BOCC Diane please accept this as official correspondence to the Board regarding the Public Benefit Rating System. I attended the joint special meeting of PAC and BOCC last evening, and as a party of record, I submitted the attached comments. I am extremely disappointed that the establishment of the advisory committee per RCW 84.34.145 was not discussed in depth. I'm unclear if the recommendation,(below) came from staff or the PAC. One meeting for a few hours seems absurd!. In 2006, the last time PBRS was considered, the BOCC adopted the resolution attached. I would recommend that a similar resolution be adopted! I would respectfully ask that the PAC delay further meetings on the PBRS, until after the Board of County Commissioners takes official action to notify potentially affected parcel owners so they have a chance to participate and comment. Thank you Ken VanBuskirk. ----- Original Message----- From: Paula Reeves<mai Ito:preeves@co.mason.wa.us> To: Amber Cervantes<mailto:ACervantes@co.mason.wa.us> ; Ken Van Buskirk<mai Ito.-kenvanb@gmail.com> Cc: PAC@co.mason.wa.us<mailto:PAC@co.mason.wa.us> Sent: Tuesday, March 13, 2018 8:48 AM Subject: Re: Planning Commission Comments-DRAFT Public Benefit Rating System-FEbruary 2018 Hi Ken - We have recommended that the BOCC convene an advisory committee per RCW 84.34.145 to meet one time for a few hours and provide any advisement to the Assessor related to implementing assessment guidelines established by the Dept. of Revenue - per the state law. Regarding the grandfathering, we haven't received direction to grandfather properties in the program now at their current level of tax relief. That may not be consistent with the law. We could check on this, but I think it would need to be direction from the BOCC. Right now they have just asked the PAC to develop a Public Benefit Rating System. These two comments were also addressed in my response to your March 9th email. I hope this helps. RCW 84.34.145 Advisory committee. The county legislative authority shall appoint a five member committee representing the active farming community within the county to serve in an advisory capacity to the assessor in implementing assessment guidelines as established by the department of revenue for the assessment of open space, farms and agricultural lands, and timberlands classified under this chapter. Paula Reeves, AICP CTP Mason County Planning Manager 615 W Alder Street, Building #8 Shelton, WA 98584 P: 360-427-9670 x286 E: P Reeves@co.mason.wa.us<mai Ito:PReeves@co.mason.wa.us> >>> "Ken VanBuskirk" <kenvanb@gmail.com> 3/12/2018 10:08 PM >>> After listening to the BOCC briefing last July 2017 there was discussion between the BOCC and Assessor staff about grandfathering existing properties in "open space" current use into the PBRS program. . I think that all properties that are in that open space current use category should be"grandfathered', in other words not have to go through the PBRS rating system and tax assessment remains the same, if PBRS is adopted. I also would like to see addressed in the new ordinance an "advisory group" made up of representatives of the agricultural community as required by RCW. thanks ken cc:CMMRS Neatherlin,Shutty&Drexler Clerk RECEIVED From: Randy Neatherlin To: Randy Neatherlin; monteritter@hotmail.com; Pinter, Frank Date: 3/15/2018 11:42 AM MAR 19 2018 Subject: Re: Fwd: Park Board Mason County Monte Commissioners I will pass this on to the commission. I completely understand and appreciate all the work you have done for that Board and the whole county. You have been a great asset and a wealth of information for me. You will be missed. Good luck with your next endeavor and remember, I am always just a phone call away. Sincerely Randy Neatherlin Mason County Commissioner Dist. 1 From: Monte Ritter<monteritter@hotmail.com> Date: Thursday, March 15, 2018 Subject: Park Board To: randy Commissioner, While I support the Public Benefits Rating System, and believe it should be part of a Park Comp plan. I have a conflict of interest as a Park Board member and my ownership of over 30 acres of Open Space. I think it's best if I step down as an alternate P.B. member. Monte Sent from my Verizon Wireless 4G LTE smartphone cc:CMMRS Neatherlin,Shutty&Drexler RECEIVED Clerk -ne-I QlehI,I e', 911 212018 Mason County Commissioners T H U R S T O N-MASON Advisory Board Application Behavioral Health Organization I am seeking appointment to the Thurston-Mason Behavioral Health Organization(BHO)Advisory Board: Name: .C�i9 r�i� ✓YJO� t Mailing Address: 5,.--�S.._ 5-�-- City: �h`�ZZe� Zip' si—s Worlc/Cell: �6 e-0,,4 Home Phone: Email: 1. Please describe briefly why you would like to serve on this Advisory Board. A /7L7x/12 d L7�/�s,C e- yrc t Ar trJc?�- •/i's' .ti-E?:�u.,� 2. What do you perceive is the role of this Advisory Board? �v>4 3. What contributions do you wish to offer the Advisory Board? 4. Please list your educational background. �-- S. Please list community organizations(membership/activities) and/or volunteer work that you are currently Involved in. l7�LlS�r/�977 c)�✓ /a'7/PsiL7i f Ji -+�N ✓�6hK 6. Please list past community organizations(membership/activities),volunteer work and/or other relevant activities you were involved in. 7. What is your current occupation? �7'Yi Lam" c95e- �drq Cry 8. Please indicate place of current employment,if any,below: Agency/organization Address Phone 9. Please list past occupation(s)and place(s)of employment: Agency/organization Address Phone 10. Please list three(personal or work-related)references. Name / p Address Phone V/CHIC/ G vsrct f �/�/ �.�L'�i l�'L /�/I,/I(l!d.� G u✓./�� (r L4�l.lil�•e/S"1"/�d�l/CYL 11. Appointment to this Advisory Board will require your attendance at regularly scheduled meetings,which usually occur in the evening. Members are appointed for a three(3)year term. How many hours per month are you willing to commit? Signature Date f Please feel free to attachan nformation that you feel pertinent.If you have any questions or concerns,please contact Tina Gehrig at ge igt@co.thurston.wa.us or 360-867-2509. Please return this completed application to: Tina Gehrig,Thurston-Mason BHO 412 Lilly Road NE,Olympia,WA 98506 gehrigt@co.thurston.wa.us Revised 9-16 NEWS RELEASE March 27, 2018 MASON COUNTY COMMISSIONERS 411 NORTH 5T" ST SHELTON,WA 98584 (360)427-9670 EXT.419 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: Mason County Parks and Trails Advisory Board Opening The Board of Mason County Commissioners is seeking applications from community members who are interested in serving on the Mason County Parks and Trails Advisory Board. The Mason County Parks and Trails Advisory Board provides recommendations to the Board of Commissioners regarding the planning, acquisition and development of parks, trails and related programs in Mason County. The Parks and Trails Advisory Board is a seven member board appointed by the Mason County Commissioners. Ideally there would be two positions from each Commissioner District and one at-large position. Currently there is a need for board members from Commissioner Districts 1 and 2. If the vacancies cannot be filled with members from the respective districts as desired, at-large members residing anywhere in Mason County can be substituted. The intent is to provide equal geographic representation from throughout Mason County if possible. If you have an interest in parks, trails, or other outdoor recreational opportunities and would like to make a difference in your community you are encouraged to apply. The Mason County Parks and Trails Advisory Board meets the fourth Thursday of each month at 5:15 PM. Interested citizens may obtain an application at the Mason County Commissioners' Office,411 North 5th Street, Shelton, or by calling Shelton 360-427-9670, ext. 380; Belfair 360-275-4467, ext. 380; Elma 360- 482-5269, ext. 380 or visit the Mason County website at www.co.mason.wa.us. Applications will be accepted until positions are filled. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Kevin Shutty Terri Drexler Chair Commissioner Commissioner y' 3 NEWS RELEASE March 28, 2017 MASON COUNTY COMMISSIONERS' OFFICE 411 N 5T" ST, BLDG 1, SHELTON, WA 98584 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: Request for Proposal Homeless Housing Grant Funds Mason County's Department of Community Services is pleased to announce that two requests for proposals (RFP) are now open. Homeless and Housing Services: A total of$368,875 is available from the local document recording fees to fund homeless and housing services. Priorities are emergency shelter, rapid re- housing, coordinated entry, permanent supportive housing, and ending homelessness among sub-populations such as veterans, youth, elderly, families, chronically homeless and adults. Proposals should embrace the vision of"no person left living outside". Treatment Sales Tax (TST): A total of$250,00 is available from the 1/10 of 1% Sales & Use Tax, commonly known as the Treatment Sales Tax for providing the operation or delivery of chemical dependency or mental health treatment programs and services. For the benefit of the applicants, two RFP Application Workshop's will be held. An RFP orientation is scheduled on Wednesday, April 11, 2018 and a voluntary oral review and feedback session of proposals on Friday, April 20, 2017. Both are at the Public Health Building located at 415 N. 6th St., Shelton. RSVP is required. Refer to the RFP instructions for further details. Applications are due no later than 4:00 PM on Monday, April 30, 2018. Application materials can be found on the Mason County website under the"What's New" section at: http://www.co.mason.wa.us/ CONTACT PERSON: Todd Parker Mason County Housing & Behavioral Health Program Coordinator Community Services and Public Health 415 N. 6th St. Shelton, WA 98584 Phone: (360) 427-9670 ext. 293 Email: tpa rker(a-)-co.mason.wa.us BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Terri Drexler Randy Neatherlin Commissioner Commissioner Chair MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda _x Public Hearing Other DEPARTMENT: Commissioner EXT: 747 COMMISSION MEETING DATE: March 27, 2018 Agenda Item # Commissioner staff Uom tete BRIEFING DATE: March 19, 2018 BRIEFING PRESENTED BY: Support Services [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Approval for Memorandum of Agreement for Mason Lake Recreation Area Access. Mason County employees will be subject to a $50 annual membership fee to gain access to the Mason Lake Recreation Area and any appropriate usage fee. BACKGROUND: Mason Lake Recreation Area staff is offering access to its facilities for an annual membership fee of $50. Employees are responsible for the annual fee along with any usage fees. BUDGET IMPACTS: None RECOMMENDED ACTION: Approval for Memorandum of Agreement for Mason Lake Recreation Area Access. Mason County employees will be subject to a $50 annual membership fee to gain access to the Mason Lake Recreation Area and any appropriate usage fee. ATTACHMENT(S): Memorandum of Agreement for Mason Lake Recreation Area Access J:\BRITTANY\Commisioner Business\2018\Mason Lake Access Agenda Item Summary.doc Memorandum of Agreement For Mason Lake Recreation Area Access 2018 This Memorandum of Agreement between Mason County and the Green Diamond Resource Company provides for Mason County employees to access Green Diamond Resource Company's Mason Lake Recreation Area (MLRA).We understand this is a privilege that can be revoked at any time. RESPONSIBILITIES: Upon signing this agreement,Green Diamond Resource Company will allow Mason County employees membership into the Mason Lake Recreation Area. Mason County employees will then be able to purchase online annual individual memberships in the MLRA. Upon purchase of an annual individual MLRA membership, employees will then have the full rights and privileges to reserve the MLRA campsites, day use and other facilities.Only current employees, in good standing of Mason County will be allowed to purchase a MLRA membership.The Mason County employees will be issued an annual vehicle pass and gate access key card with the membership.The membership entitles the Mason County employee,their spouse and children up 22 years of age use of the MLRA. Green Diamond Resource Company reserves the right to deny access membership to individuals who it considers disruptive to Green Diamond Resource Company and/or MLRA operations.Green Diamond Resource Company reserves the right to revoke individual memberships without a refund,for disruptions of Green Diamond Resource Company/MLRA operations or major rule/law violations. REPORTING: Mason County will provide Green Diamond Resource Company with an updated list of its employees monthly. DISCIPLINARY ACTION: Mason County employees understand that three of more violations per year will result in the Green Diamond Resource Company reevaluation and potential revocation of this agreement. Dated this 27`h day of March,2018 Mason County Green Diamond Resource Company MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda _x Public Hearing Other DEPARTMENT: Commissioner EXT: 747 COMMISSION MEETING DATE: March 27, 2018 Agenda Item # Commissioner staff to complete) BRIEFING DATE: March 19, 2018 BRIEFING PRESENTED BY: Support Services [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Approval for Frank Pinter, Support Services Director, to sign "Temporary Permit to Enter" documents from City of Shelton for the Downtown Connector Project. BACKGROUND: City of Shelton is requesting permission to access various county owned parcels during their Downtown Connector Project. BUDGET IMPACTS: None RECOMMENDED ACTION: Approval for Frank Pinter, Support Services Director, to sign "Temporary Permit to Enter" documents from City of Shelton for the Downtown Connector Project. ATTACHMENT(S): Temporary Permit J:\BRITTANY\Commisioner Business\2018\Commission Agenda Item Summary for Temporary Permit to Enter from City of Shelton.doc TEMPORARY PERMIT TO ENTER The undersigned do hereby grant unto the City of Shelton and its employees and agents ("City") a Temporary Permit To Enter over, under and across the following described lands to allow shaping, grading and restoration in conjunction with the Downtown Connector Project("Project'). Said property is known as: Property ID#: 50 Parcel#: 32019-51-03001 Legal Description: D SHELTONS 1ST ADD TO SHELTON BLK C LOTS 1-2 Property Address: 423 NORTH 5TH Owner of Record: MASON COUNTY IT IS HEREBY AGREED AS FOLLOWS: 1. The City of Shelton shall restore the above-described property as part of the Project. The authorized property owner shall permit access to the City during daylight hours to enter the property to perform the necessary staking and Work. The authorized Property Owner shall follow instructions from the City and not interfere with the Work. The Work is anticipated to include shaping, grading and restoration, blending new improvements into adjacent private property by shaping, grading, and restoring the surface, to include related and miscellaneous construction items, as necessary, all costs of which shall be borne by the City. 2. In the event the City must disturb or remove private improvements, including landscaping, existing on the above- described property, the City shall replace the improvements in kind and restore the surface of the Property to the condition pre-existing the Work. If the City determines it would be infeasible or impossible to replace improvements in kind, the City shall negotiate with the Property Owner for a mutually agreeable replacement. 3. The City shall defend, indemnify and hold harmless the Property Owner from any claim for damages, including attorney fees, arising from the City's entry onto the Property and Work associated with shaping, grading, and restoration. 4. The City will make a reasonable effort to notify the Property Owner a minimum of one week ahead of the anticipated work. 5. This TEMPORARY PERMIT TO ENTER shall be in effect until completion of work on the property.The Property Owner assumes no obligation under this agreement other than permitting access for completion of this specific task. I certify that I am the ❑ Property Owner ❑ Property Renter Grantor(s)Property Owner Property Renter Grantor(s)Property Owner Property Renter Dated this day of 12018 TEMPORARY PERMIT TO ENTER The undersigned do hereby grant unto the City of Shelton and its employees and agents ("City") a Temporary Permit To Enter over, under and across the following described lands to allow shaping, grading and restoration in conjunction with the Downtown Connector Project("Project"). Said property is known as: Property ID#: 9 Parcel#: 32019-51-04001 Legal Description: D SHELTONS 1 ST ADD TO SHELTONV BLK: D LOT: 1-4 Property Address: Owner of Record: MASON COUNTY IT IS HEREBY AGREED AS FOLLOWS: 1. The City of Shelton shall restore the above-described property as part of the Project. The authorized property owner shall permit access to the City during daylight hours to enter the property to perform the necessary staking and Work. The authorized Property Owner shall follow instructions from the City and not interfere with the Work. The Work is anticipated to include shaping, grading and restoration, blending new improvements into adjacent private property by shaping, grading, and restoring the surface, to include related and miscellaneous construction items, as necessary, all costs of which shall be borne by the City. 2. In the event the City must disturb or remove private improvements, including landscaping, existing on the above- described property, the City shall replace the improvements in kind and restore the surface of the Property to the condition pre-existing the Work. If the City determines it would be infeasible or impossible to replace improvements in kind, the City shall negotiate with the Property Owner for a mutually agreeable replacement. 3. The City shall defend, indemnify and hold harmless the Property Owner from any claim for damages, including attorney fees, arising from the City's entry onto the Property and Work associated with shaping, grading, and restoration. 4. The City will make a reasonable effort to notify the Property Owner a minimum of one week ahead of the anticipated work. 5. This TEMPORARY PERMIT TO ENTER shall be in effect until completion of work on the property.The Property Owner assumes no obligation under this agreement other than permitting access for completion of this specific task. I certify that I am the ❑ Property Owner ❑ Property Renter Grantor(s)Property Owner Property Renter Grantor(s)Property Owner Property Renter Dated this day of 2018 TEMPORARY PERMIT TO ENTER The undersigned do hereby grant unto the City of Shelton and its employees and agents ("City") a Temporary Permit To Enter over, under and across the following described lands to allow shaping, grading and restoration in conjunction with the Downtown Connector Project("Project"). Said property is known as: Property ID#: 52 Parcel#: 32019-51-03005 Legal Description: D SHELTONS 1 ST ADD TO SHELTONVILLE BLK: C LOT: 5-8 & VAC PINE ST Property Address: 411 NORTH FIFTH ST Owner of Record: MASON COUNTY IT IS HEREBY AGREED AS FOLLOWS: 1. The City of Shelton shall restore the above-described property as part of the Project. The authorized property owner shall permit access to the City during daylight hours to enter the property to perform the necessary staking and Work. The authorized Property Owner shall follow instructions from the City and not interfere with the Work. The Work is anticipated to include shaping, grading and restoration, blending new improvements into adjacent private property by shaping, grading, and restoring the surface, to include related and miscellaneous construction items, as necessary, all costs of which shall be borne by the City. 2. In the event the City must disturb or remove private improvements, including landscaping, existing on the above- described property, the City shall replace the improvements in kind and restore the surface of the Property to the condition pre-existing the Work. If the City determines it would be infeasible or impossible to replace improvements in kind, the City shall negotiate with the Property Owner for a mutually agreeable replacement. 3. The City shall defend, indemnify and hold harmless the Property Owner from any claim for damages, including attorney fees, arising from the City's entry onto the Property and Work associated with shaping, grading, and restoration. 4. The City will make a reasonable effort to notify the Property Owner a minimum of one week ahead of the anticipated work. 5. This TEMPORARY PERMIT TO ENTER shall be in effect until completion of work on the property.The Property . Owner assumes no obligation under this agreement other than permitting access for completion of this specific task. I certify that I am the ❑ Property Owner ❑ Property Renter Grantor(s)Property Owner Property Renter Grantor(s)Property Owner Property Renter Dated this day of 2018 TEMPORARY PERMIT TO ENTER The undersigned do hereby grant unto the City of Shelton and its employees and agents ("City") a Temporary Permit To Enter over, under and across the following described lands to allow shaping, grading and restoration in conjunction with the Downtown Connector Project("Project'). Said property is known as: Property fD#: 54 Parcel#: 32019-51-04001 Legal Description: D SHELTONS 1 ST ADD TO SHELTONV BLK: D LOT: 1-4 Property Address: Owner of Record: MASON COUNTY IT IS HEREBY AGREED AS FOLLOWS: 1. The City of Shelton shall restore the above-described property as part of the Project. The authorized property owner shall permit access to the City during daylight hours to enter the property to perform the necessary staking and Work. The authorized Property Owner shall follow instructions from the City and not interfere with the Work. The Work is anticipated to include shaping, grading and restoration, blending new improvements into adjacent private property by shaping, grading, and restoring the surface, to include related and miscellaneous construction items, as necessary, all costs of which shall be borne by the City. 2. In the event the City must disturb or remove private improvements, including landscaping, existing on the above- described property, the City shall replace the improvements in kind and restore the surface of the Property to the condition pre-existing the Work. If the City determines it would be infeasible or impossible to replace improvements in kind, the City shall negotiate with the Property Owner for a mutually agreeable replacement. 3. The City shall defend, indemnify and hold harmless the Property Owner from any claim for damages, including attorney fees, arising from the City's entry onto the Property and Work associated with shaping, grading, and restoration. 4. The City will make a reasonable effort to notify the Property Owner a minimum of one week ahead of the anticipated work. 5. This TEMPORARY PERMIT TO ENTER shall be in effect until completion of work on the property.The Property Owner assumes no obligation under this agreement other than permitting access for completion of this specific task. I certify that I am the ❑ Property Owner ❑ Property Renter Grantor(s)Property Owner Property Renter Grantor(s)Property Owner Property Renter Dated this day of 2018 TEMPORARY PERMIT TO ENTER The undersigned do hereby grant unto the City of Shelton and its employees and agents ("City") a Temporary Permit To Enter over, under and across the following described lands to allow shaping, grading and restoration in conjunction with the Downtown Connector Project("Project"). Said property is known as: Property ID#: 49 Parcel#: 32019-51-02001 Legal Description: D SHELTONS 1ST ADD TO SHELTON BLK B & VAC PINE ST ADJ, BLK G 1-4 & VAC PINE ST ADJ Property Address: 419 NORTH FIFTH ST Owner of Record: MASON COUNTY IT IS HEREBY AGREED AS FOLLOWS: 1. The City of Shelton shall restore the above-described property as part of the Project. The authorized property owner shall permit access to the City during daylight hours to enter the property to perform the necessary staking and Work. The authorized Property Owner shall follow instructions from the City and not interfere with the Work. The Work is anticipated to include shaping, grading and restoration, blending new improvements into adjacent private property by shaping, grading, and restoring the surface, to include related and miscellaneous construction items, as necessary, all costs of which shall be borne by the City. 2. In the event the City must disturb or remove private improvements, including landscaping, existing on the above- described property, the City shall replace the improvements in kind and restore the surface of the Property to the condition pre-existing the Work. If the City determines it would be infeasible or impossible to replace improvements in kind, the City shall negotiate with the Property Owner for a mutually agreeable replacement. 3. The City shall defend, indemnify and hold harmless the Property Owner from any claim for damages, including attorney fees, arising from the City's entry onto the Property and Work associated with shaping, grading, and restoration. 4. The City will make a reasonable effort to notify the Property Owner a minimum of one week ahead of the anticipated work. 5. This TEMPORARY PERMIT TO ENTER shall be in effect until completion of work on the property.The Property Owner assumes no obligation under this agreement other than permitting access for completion of this specific task. I certify that I am the ❑ Property Owner ❑ Property Renter Grantor(s)Property Owner Property Renter Grantor(s)Property Owner Property Renter Dated this day of 2018 TEMPORARY PERMIT TO ENTER The undersigned do hereby grant unto the City of Shelton and its employees and agents ("City") a Temporary Permit To Enter over, under and across the following described lands to allow shaping, grading and restoration in conjunction with the Downtown Connector Project("Project'). Said property is known as: Property ID#: 18 Parcel#: 32019-52-02001 Legal Description: D SHELTONS 2ND ADD TO SHELTONV BLK: 2 LOTS: 1-2 Property Address: 521 N. FOURTH ST Owner of Record: MASON COUNTY IT IS HEREBY AGREED AS FOLLOWS: 1. The City of Shelton shall restore the above-described property as part of the Project. The authorized property owner shall permit access to the City during daylight hours to enter the property to perform the necessary staking and Work. The authorized Property Owner shall follow instructions from the City and not interfere with the Work. The Work is anticipated to include shaping, grading and restoration, blending new improvements into adjacent private property by shaping, grading, and restoring the surface, to include related and miscellaneous construction items, as necessary, all costs of which shall be borne by the City. 2. In the event the City must disturb or remove private improvements, including landscaping, existing on the above- described property, the City shall replace the improvements in kind and restore the surface of the Property to the condition pre-existing the Work. If the City determines it would be infeasible or impossible to replace improvements in kind, the City shall negotiate with the Property Owner for a mutually agreeable replacement. 3. The City shall defend, indemnify and hold harmless the Property Owner from any claim for damages, including attorney fees, arising from the City's entry onto the Property and Work associated with shaping, grading, and restoration. 4. The City will make a reasonable effort to notify the Property Owner a minimum of one week ahead of the anticipated work. 5. This TEMPORARY PERMIT TO ENTER shall be in effect until completion of work on the property. The Property Owner assumes no obligation under this agreement other than permitting access for completion of this specific task. I certify that I am the ❑ Property Owner ❑ Property Renter Grantor(s)Property Owner Property Renter Grantor(s)Property Owner Property Renter Dated this day of 2018 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Giraldes Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: March 27, 2018 Agenda Item # g,3 (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8054859-8055099 $ 903,511.96 Direct Deposit Fund Warrant #s 48637-49004 $ 662,277.12 Salary Clearing Fund Warrant #s 7003507-7003536 $ 472,273.86 Total $ 2,038,062.94 Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 5,677,527.70 Direct Deposit YTD Total $ 4,544,768.37 Salary Clearing YTD Total $ 4,697,891.03 Approval of Treasure Electronic Remittances YTD Total $ .00 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8054859-8055099 $ 903,511.96 Direct Deposit Fund Warrant #s 48637-49004 $ 662,277.12 Salary Clearing Fund Warrant #s 7003507-7003536 $ 472,273.86 Total $ 2,038,062.94 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Giraldes Action Agenda x Public Hearing Other DEPARTMENT: Commissioners EXT: 380 COMMISSION MEETING DATE: March 27, 2018 Agenda Item # X-4 Commissioner staff to complete) BRIEFING DATE: March 27, 2018 BRIEFING PRESENTED BY: Jennifer Giraldes [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to reappoint Jacqueline Earley and Derek Epps to the Pacific Mountain Workforce Development Board of Directors for a three year term ending June 30, 2018. Background: The Pacific Mountain Workforce Development Council (WDC) includes Grays Harbor, Lewis, Pacific, Thurston and Mason Counties. The WDC has 15 seats total and the County Commission recommends three business representatives from Mason County. RECOMMENDED ACTION: Approval to reappoint Jacqueline Earley and Derek Epps to the Pacific Mountain Workforce Development Board of Directors for a three year term ending June 30, 2018. JABOARDS\Agenda Documents\Cover for Pacific Mountain Workforce Council renominate .doc MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 422 COMMISSION MEETING DATE: 3/27/18 Agenda Item # g , Commissioner staff to complete) BRIEFING DATE: 3/19/18 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to amend Resolution 48-17 designating the appointing Officers from Mason County for the Washington Counties Risk Pool. Background: The Washington Counties Risk Pool's Interlocal Agreement, Bylaws, and Policies of its Board of Directors require appointees and/or designees from each member county be acknowledged through a Resolution. RECOMMENDED ACTION: Approval to amend Resolution 48-17 designating the appointing Officers from Mason County for the Washington Counties Risk Pool. Attachment: Resolution on file with Clerk of the Board RESOLUTION No. AMENDS RESOLUTION 48-17 IN THE MATTER OF CONTINUING RELATIONSHIPS WITH THE WASHINGTON COUNTIES RISK POOL AND THE RELATED APPOINTMENTS AND DESIGNATIONS OF/FOR EACH MEMBER COUNTY. WHEREAS, several Washington counties agreed to the creation of the Washington Counties Risk Pool ("Pool', organized and operating under Chapters 48.62 and 39.34 RCW, to provide to its member counties programs of joint self-insurance, joint purchasing of insurance, and joint contracting for or hiring of personnel to provide risk management, claims handling, and administrative services; and WHEREAS, the Pool's Interlocal Agreement and Bylaws, and policies of its Board of Directors require appointees and/or designees from each member county; that is: a) Director / Alternate Director — officers or employees of each Pool member county that are appointed by and serve at the pleasure of the respective county's legislative authority (Article 8 of the Interlocal Agreement and Article 2 of the Bylaws); b) County Risk Manager — an employee of each Pool member county appointed to serve as a liaison between the County and the Pool as to risk management and who is responsible for the risk management function within the County (Article 11(b) of the Interlocal Agreement); c) County Safety Officer — an active employee designated by each Pool member county who, along with a related committee, are maintained to consider all recommendations concerning the development and implementation of a loss control policy to prevent unsafe practices (Article 11(c) of the InterlocalAgreement); and d) County Claims Administrator — each Pool member county's must designate someone to administer civil claims, with whom incidents should be immediately reported to, who is responsible for sending all claims and lawsuits and reporting various known incidents to the Pool, and with whom the Pool will coordinate the County's claims administration (section B of the Pool Board of Directors'Claims Handling Policies and Procedures); NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners for Mason County hereby confirms the appointment or designation of the following individuals for the applicable and required relationships with the Washington Counties Risk Pool: Page I of 2 Mason County, Washington Resolution No. WCRP Name County Email Telephone # Relationship Position Director: Randy Commissioner randyn@co.mason.wa.us 360-427-9670 Neatherlin ext 419 Alternate Director: Terri Drexler Commissioner terrij@co.mason.wa.us 360-427-9670 ext 419 Alternate Director: Kevin Shutty Commissioner kshutty@co.mason.wa.us 360-427-9670 ext 419 Alternate Dawn Twiddy HR/Risk Manager dawnt@co.mason.wa.us 360-427-9670 Director/Risk ext 422 Manager: Claims Nichole Wilston Risk and Safety nwilston@co.mason.wa.us 360-427-9670 Administrator: Compliance ext 643 Manager Safety Officer: Ross McDowell Emergency & rmcdowell@co.mason.wa. 360-427-9670 Information us ext 806 Services Manager Prosecuting Michael Dorcy Prosecutor michaed@co.mason.wa.us 360-427-9670 Attorney: ext 417 Chief Deputy Tim Whitehead Chief Deputy timw@co.mason.wa.us 360-427-9670 (Civil) Prosecuting Prosecuting Atty ext 417 A BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon its passage and shall supersede any prior conflicting action(s); and BE IT STILL FURTHER RESOLVED that the clerk of this body shall forward a copy of this resolution, once completed, to the attention of Executive Director Derek Bryan at the Washington Counties Risk Pool, 2558 RW Johnson Rd. S.W., Suite 106, Tumwater, WA 98512- 6103. PASSED this day of 2018. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Terri Drexler, Commissioner Tim Whitehead, Chief Deputy Prosecuting Kevin Shutty, Commissioner Attorney Page 2 of 2 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dawn Twiddy Action Agenda Public Hearing Other DEPARTMENT: Support Services EXT: 422 COMMISSION MEETING DATE: 03/27/18 Agenda Item # g (o Commissioner staff to complete) BRIEFING DATE: 03/19/18 BRIEFING PRESENTED BY: Dawn Twiddy [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: The following Mason County Officers, Employee's and Volunteer(s) request for Defense and Indemnification coverage assigned by the county as named defendant's in the Charles S Longshore, Civil Rights Action 3:18-CV-05069-RJB-JRC United States District court Case served upon them on February 21, 2018: Kevin Hanson, Joseph Ott, Robert Decker, Joseph Johnston, and Terrance Elson. BACKGROUND: Per Ordinance No. 06-18, Mason County Policy and Procedure for Defense and Indemnity of Employees any officer, employee or volunteer who is subject to a claim for damages may request that Mason County authorize and provide the defense of the claim. The Board of County Commissioners shall authorize the payment for the defense and any non-punitive monetary judgment awarded in the case as outlined in the Ordinance arising from acts or omissions while performing or in good faith purporting to perform his or her official duties. Per Ordinance No. 06-18 Mason County reserves the right to pay punitive monetary judgments entered against any of the named defendant's, until, and if, a judgment is awarded. RECOMMENDED OR REQUESTED ACTION: Approval of the following Mason County Officers, Employee's and Volunteer(s) request for Defense and Indemnification coverage as named defendant's in the Charles S Longshore, Civil Rights Action 3:18 CV-05069-PJB-IRC United States District court Case served upon them on February 21, 2018: Kevin Hanson, Joseph Ott, Robert Decker, Joseph Johnston, Terrance Elson. ATTACHMENTS: Signed Defense & Indemnification Request Forms and Charles S Longshore, Civil Rights Action 3:18-CV-05069-RJB-IRC United States District court Case on file with the Clerk of the Board Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: David Windom, MCCS Director Action Agenda Public Hearing Other DEPARTMENT: Community Services EXT: _260_ COMMISSION MEETING DATE: March 27, 2018 Agenda Item # Commissioner staff to complete) BRIEFING DATE: March 19, 2018 BRIEFING PRESENTED BY: David Windom [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Opening a new Planner I position. BACKGROUND: See enclosed position description. Due to the increased workload, anticipated workload increases due to WRIA planning, and changes in current work duties MCCS is asking to create a Planner I position and leave the current clerical position in planning unfilled. By adding a Planner I position, addressing tasks would move from the permit center back to planning, WRIA work for the three WRIAs that either need updated or newly completed plans can be distributed across planning staff without creating undue stress. This position would work closely with the long-range planner on code work, research and outreach. BUDGET IMPACTS: $1500 per month including salary/benefits/L&I RECOMMENDED ACTION: Approval to create, post, and fill a Planner I position and hold current Clerical position unfilled. There is no change in the number of positions authorized for the Community Services Department. ATTACHMENT(S): Position description H:\Commissioners\Planner 1 agenda Commission Agenda Item Summary Template.doc PLANNER I Title: Department: Planner I Community Services Affiliation: Reports to: Teamsters Planning Manager _ Salary Range: Supervises/Directs: $4,214-$4,424.20 None _ Established Date: Revision Date: Januar 7, 2016 Updated Salar 3/19/18 GENERAL DESCRIPTION: Under general supervision of the Planning Manager, planners generally assist the public on permitting, land use, and regulatory issues as well as review and process building and land use permits. Position levels are distinguished in a job series of professional planners performing complex or sensitive job duties with levels of supervision ranging from high to minimal ESSENTIAL JOB FUNCTIONS: (Any one position may not include all duties listed, nor do the examples include all tasks that may be performed in positions of this class.) • Provide assistance to public on permitting, land use, and regulatory issues. • Research and analyze technical data to apply development regulations to development,construction and land use issues. • Review and process building permits and other ministerial and administrative decisions. • Review and/or process special reports prepared as part of the permit process. • Prepare staff reports for less complex or sensitive quasi-juridicial permits. • Prepare and present permit information to Hearing Examiner. • Perform site visits and investigate complaints. • Assist senior planning staff with complex cases or with planning projects or programs by gathering and analyzing data,assisting in the preparation of reports and other documents. • Present information at public hearings or to committees. • Maintain accurate and updated records in permit tracking data base systems. DISTINGUISHING FEATURES: Key traits are the ability to administer and ensure compliance with codes, statutes, rules, and regulations;work independently as well as part of a team, establish priorities and organize own workload, maintain effective working relationships with the public, contractors, and other employees, and address complaints and problems courteously. WORKING CONDITIONS: The work is performed in an office environment with field work for site inspections required at times. Employees in this classification are required to sit, stand and walk while performing office duties. Physical exertion is required for occasionally lifting 40 pounds. Individuals may be required to stand long periods at a time while assisting customers. QUALIFICATIONS: Knowledge of • Planning principles, codes, regulations and procedures related to the planning process. Ability to • Communicate effectively with the public,co-workers,supervisors,and other professionals. • Ability to use a computers,software packages and mainframe database systems. • Perform duties accurately and timely. • Manage competing duties and occasionally heavy work loads. • Record data accurately and consistently. • Interpret and apply codes and regulations. • Work within established guidelines with limited supervision. • Establish and maintain effective working relationships with other employees in the department and other county departments. • Read and interpret maps and legal descriptions. EDUCATION AND EXPERIENCE--Any equivalent combination of education and experience which provides the applicant with the knowledge,skills,and abilities required to perform the job.A typical was to obtain the knowledge and abilities would be: • A four year degree in planning,environmental or natural science or a two year degree and three years directly related experience including experience working with the public in an information and assistance capacity. LICENSES, CERTIFICATES AND OTHER REQUIREMENTS: • Valid Washington State Driver's License or ability to obtain same within three months of hire. 6�N coal , 16° MASON COUNTY BOARD OF SQUAXIN ISLAND TRIBAL COUNCIL ,--;-�" si, _ COMMISSIONERS 10 SE SQUAXIN LANE c. , i. .` 411 NORTH 5TH STREET SHELTON, WA 98584 SHELTON,WA 98584 March 27, 2018 1. This letter is a non-binding letter memorializing the intentions of the parties with regard to water resource planning for Water Resource Inventory Area (WRIA) 14(a), Kennedy-Goldsborough. The parties' initial efforts will relate to water resource planning in WRIA 14(a), but there may be subsequent efforts relating to other WRIAs as they overlap with Squaxin's jurisdiction. 2. The Squaxin Island Tribe is a federally-recognized Indian tribe and a signatory party to the Treaty of Medicine Creek,with all the rights and responsibilities pertaining thereto. 3. Mason County is a general purpose local government organized under the laws of the State of Washington,with all the rights and responsibilities pertaining thereto. 4. Mason County and the Tribe believe that a mutual commitment to and partnership in ensuring sustainable growth and fisheries will greatly benefit their respective jurisdictions and constituents over the long-term, and strengthen their government-to-government relationship. 5. Pursuant to the Growth Management Act, Mason County recently adopted updates to its Comprehensive Plan and development regulations. 6. The Squaxin Island Tribe appealed Mason County's Comprehensive Plan and development regulation updates. The appeal is currently pending before the Western Washington Growth Management Hearings Board ("Board"). 7. The parties have jointly requested a stay of the Tribe's appeal to facilitate settlement discussions. This letter sets forth the intentions of the parties with regard to implementation of the stay. The parties may need additional extensions to facilitate productive settlement discussions. 8. The Washington Legislature recently enacted ESSB 6091 which, among other requirements, obligates the Washington Department of Ecology to establish watershed restoration and enhancement committees, several of which will include Mason County and the Tribe as participants, and to prepare a watershed restoration and enhancement plan for WRIA 14(a). 9. The parties will work in good faith — in a government-to-government relationship — to prepare at least one memorandum of agreement for consideration by the Mason County Board of Commissioners and the Squaxin Island Tribal Council, that will set out terms and conditions under which the parties will begin preparing a watershed restoration and enhancement plan and dismiss the Board appeal. 10. The Chairman of the Mason County Board of Commissioners and the Chairman of the Squaxin Island Tribal Council will place the first draft memorandum of agreement on the business agenda for consideration by the Mason County Board of Commissioners and the Chairman of the Squaxin Island Tribal Council, respectively, on a date certain, no later than May 18, 2018. The parties understand that the Mason County Board of Commissioners and the Chairman of the Squaxin Island Tribal Council may approve, approve with conditions, or reject the proposed memorandum of agreement. Mason County will solicit public comment on the draft memorandum of agreement, as required by law. 11. The parties agree to submit a joint request for funding assistance to the Washington Department of Ecology to facilitate preparation of a draft watershed restoration and enhancement plan, including funding for both parties to participate in the planning effort. 12. The parties agree to prepare a joint work plan to gather data to support the planning effort. 13. This letter reflects the intention of the parties, but is not binding on either party. In the event of a conflict between this letter and a later-approved memorandum of agreement, the provisions of the memorandum of agreement will apply. 14. Nothing in this letter is intended to affect or modify in any way the sovereign rights and responsibilities of either the Squaxin Island Tribe or Mason County. Signed, this 27th day of March, 2018. Squaxin Island Tribe Mason County Board of Commissioners Arnold Cooper,Chairman Commissioner Randy Neatherlin, Chair Squaxin Island Tribe MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jessica Sweet Action Agenda Public Hearing X Other DEPARTMENT: Support Services EXT: 644 DATE: 3/27/2018 Agenda Item # I0 Commissioner staff to complete) BRIEFING DATE: 2/26/2018 BRIEFING PRESENTED BY: Jessica Sweet [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Public Hearing to inform citizens of the availability of funds and eligible uses of the 2018 Public Services Community Development Block Grant (PS-CDBG) and receive comments on proposed activities specifically funding the Community Action Council of Lewis, Mason & Thurston Counties (CAC) as well as receiving comments on the 2017 program. Background: Mason County coordinates with the CAC on an annual basis to apply for, receive and provide services through a PS-CDBG administered by the Washington State Department of Commerce (DOC). In 2017, as with subsequent years the funding, usually around $100,000, was used to provide service referrals for a minimum of 6,000 individuals in Mason and Lewis counties of which a minimum of 3060 must meet HUD's 51% income qualification and provide direct services and referrals for a minimum of 300 child victims. This year's allotment is $104,737, of which $3,500 will be used to off-set a portion of our administration costs. This Hearing will solicit public input on the proposed activities and services to be provided as well as comments on current programming. Recommended Action: Make a motion to approve the submission of the CDBG application, sign the resolution authorizing the submission and certifying the County's compliance with CDBG requirements and authorizing Frank Pinter, Support Services Director to act as the Chief Administration Official for the CDBG program. Attachment(s): Application Resolution Program Hand-outs J:I Grants I CDBG Public Service Grant12018-20191 BOCC Agenda Item Summary-CDBG Requirements-Hearing doc R Department of Commerce Community Development Block Grant 2018 Public Services Grant Application Handbook January 2018 Brian Bonlender Director Due date: April 6, 2018 WASHINGTON STATE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2018 PUBLIC SERVICES GRANT APPLICATION HANDBOOK Mark K. Barkley, Assistant Director Bruce Lund, Managing Director Local Government Division Community Assistance & Research Unit CDBG Program Staff Kaaren Roe Jeff Hinckle Section Manager Project Manager (360) 725-3018 Public Services Grant Lead kaaren.roe(@commerce.wa.gov 360-725-3060 ieff.hinckle(a-)-commerce.wa.gov Laurie Dschaak Sheila Lee-Johnston Grant Specialist Project Manager (360) 725-5020 (360) 725-3009 laurie.dschaak aa.commerce.wa.gov sheila.lee-iohnston(cDcommerce.wa.gov Arlene Escobar Genny Matteson Project Manager Project Manager (360) 725-2725 (360) 725-3093 arlene.escobar(a-)-commerce.wa.gov Benny.mattesonta').commerce.wa.gov State of Washington Department of Commerce Post Office Box 42525, 1011 Plum St SE, Olympia, WA 98504-2525 Telephone: (360) 725-4100 Fax: (360) 586-8440 TDD: (360) 664-3123 www.commerce.wa.gov/cdbq For people with disabilities, this application is available on request in other formats. To submit a request, please call (360) 725-4000 (TTY 360-586-0772). www.commerce.wa.gov/cdbq Search.. • Department of Commerce Serving Communrw, Buildinglnfrastructtae Growing tli Click this link to hjDevelW—_tBlackC"rL go to the Specialty Grants Community Development Block Grants page and scroll down to Public PROGRAM LINKS Services Grants. CDBG General Purpose G: Crilic igran z Consolidated Plan and Action Fla� �•{ =Nor_ RESOURCES Cii nanre Materia:c(PDF) CDBG Fact Sheet(PDF) Management Handbook:&Forms-Construction Management Handbook&Forms-Non Construction HUD LIAI data for ron-entitlement communities(PDF) _ Hllp LA41 I irer-tive Main 2016-17 CDBG Funding Cycles(PDF) Drinking water and wastewater funding summary (PDF) The CDBG program improves ttx economic,social and physical environment of eligible,rural cities and counties to Public Works Board enhance the quality of life for law-and moderate-income residents,thereby strengthening the entire community. Infracin r ,r csictane Coordi natiag Counri l[LAM The CDBG Program offers General Purpose and Specialty grants. Municipal Research Services Center of Washington SAM-System for Award Management WHO CAN APPLY? US Dept of Housing and Urban Development(HUD) Small,rural cities/towns and counties that are not entitled to receive CDBG funds directly from the U.S. Department of Housing and Urban Development(HUD)can apply for a state CDBG grant Cities and towns with population less than 50,000,not participating in a CDBG Entitlement Urban County Consortium;and counties with populations less than 200,000. NEED HELP? &nbsp Kaaren Roe Map of local,gav f rimants served Ly stare CDQ6 pr,dram(PDF) Program Manager List of local governments served by state CDBG Program(PDF) k;aa;?n.Roea_r,mm?rce.wa.eov Special purpose districts,public housing authorities,community action agencies,economic development councils, Phone:360-725-3018,9, other non-profit organizations,and Indian tribes are not eligdrle to apply directly to the state CDBG Program for Phyllis Cole furxling,but may be a partner and sub-iredpient in project;of funding with an eligible cityltewn or county Project Manager applicant [,,s Core acommerce.wa_eov WHAT CAN BE FUNDED? Phone:360.7254001e. The CDBG program can fund a wide range of ac[;;,:r:e (PDF)inducing. Laurie Dschaak GENERAL APPLICATION INFORMATION This section contains details on funding levels, basic eligibility, and tips to ensure your submittal is complete. • 2018 CDBG Public Services Grant Amounts • General Application Information • Application Changes from 2017 • Roles and Responsibilities • Application Format and Submittal • Award and Contracting Timeline • Eligible Activities • Ineligible Activities 2018 CDBG PUBLIC SERVICES GRANT AMOUNTS -proposed COUNTY SUBRECIPIENT—SERVICE PROVIDER GRANT GRANT TOTAL CONTRACT# COMMUNITY ACTION PROGRAM SERVICE AREA (including county administration) Asotin Community Action Partnership Asotin $39,039 18-62210-001 Benton Benton Franklin Community Action Connections Benton, Franklin $65,304 18-62210-002 Chelan Chelan-Douglas Community Action Council Chelan, Douglas $58,282 18-62210-003 Cowlitz Lower Columbia Community Action Council Cowlitz, Wahkiakum $68,079 18-62210-004 Grant Opportunities Industrialization Center Adams, Grant $121,097 18-62210-005 Grays Harbor Coastal Community Action Program Grays Harbor, Pacific $105,945 18-62210-006 Jefferson Olympic Community Action Programs Clallam, Jefferson $103,958 18-62210-007 Kittitas HopeSource Kittitas $83,997 18-62210-008 Klickitat Washington Gorge Action Programs Klickitat, Skamania $70,048 18-62210-009 Mason CAC of Lewis, Mason and Thurston Counties Lewis, Mason $104,737 18-62210-010 Okanogan Okanogan County Community Action Council Okanogan $82,716 18-62210-011 Skagit Community Action of Skagit County Skagit $64,252 18-62210-012 Stevens Rural Resources Community Action Ferry, Lincoln, Pend $97,207 18-62210-013 Oreille, Stevens Walla Walla Blue Mountain Action Council Columbia, Garfield, $46,109 18-62210-014 Walla Walla Whatcom Opportunity Council Island, San Juan, $127,726 18-62210-015 Whatcom Whitman Community Action Center Whitman $101,202 18-62210-016 Yakima Northwest Community Action Center Yakima $160,302 18-62210-017 TOTAL $1,500,000 9 APPLICATION FORMS AND CERTIFICATIONS • Project Summary • Project Description and LMI Benefit Table • Annual Budget • Citizen Participation Documentation • Resolution with Certifications of Compliance • Title VI Certification 13 PROJECT SUMMARY 1. Grant Type CDBG Public Services Grant 2. Jurisdiction Mason County Telephone 360-427-9670 Mailing Address Fed Tax ID # 91-6001354 Street Address 411 N. 5th Street DUNS # 06-958-0751 City Shelton UBI # 232-002-101 Postal Code + 4 98584 SAM.gov expires 11/8/2018 Email jsweet@co.mason.wa.us SWV# 3. Contact Person Jessica Sweet Title Financial Analyst Mail Address Street Address 411 N. 5th Street Telephone 360-427-9670 City Shelton Postal Code +4 98584 Email jsweet@co.mason.wa.us 4. Subrecipient Community Action Council, Lewis, Mason, Thurston Contact Person John M. Walsh Title CEO Mail Address Street Address 3020 Willamette Drive Telephone 360-438-1100 City Lacey DUNS # 096235428 Postal Code 98516 UBI # 600-503-120 Email Johnw@caclmt.org SAM.gov expires 1/11/2019 5. Fiscal Year From Oct 2017 To Sept 2018 6. County(s) served by grant: Lewis, Mason 7. State Legislative District: 2,20,22,35 Congressional District: 3,6,9 8. Brief Project Description: To provide direct public services for low- and moderate-income persons in the county(s) listed above. 15 9. National Objective: ® Principally benefits low- and moderate-income persons or households. 10. Annual Project Budget: CDBG $104,737.00 CDBG Program Income $ Other Federal $ Other State $ Local Public $ Private $ TOTAL $104,737.00 11. Project Beneficiaries: o (N) # of persons - new or continuing access to a service: U (1) #of persons - improved access to a service: 7500 J U) (S) # of persons - service that is no long substandard: # of Persons 7500 # of LMI Persons 7500 LMI Percentage: 100 % 12. How were the numbers of beneficiaries ® LMI Limited Clientele determined? 13. Street address, city and zip code of primary location of subrecipient services (if different than 4.): 14. Certification of Chief Administrative Official: The information provided in the application is true and correct to the best of the government's belief and knowledge and it is understood the state may verify information, and that untruthful or misleading information may be cause for rejection of this application or termination of any subsequent grant contract. 3Z/Y//,F- Signature iy /,YSignature Date Fl�At- � _PTCS SC,cmK Print Name Title 16 PROJECT DESCRIPTION AND LOW- AND MODERATE-INCOME BENEFIT TABLE (See instructions on the next page) A. Activities B. Level of C. D. Method for Ensuring Service Number Benefit to LMI Persons New of NAME of Service Program DESCRIPTION of Services HUD (N Incr ase Persons and to only CDBG non- Code (S) No Longer entitlement residents, if Substandard applicable Resource Referral Provide referrals to services 05 (1) 7,100 Information on family size & administered by the Council and to income reveals that 51% of the other service providers in the activity's clientele meet and will community continue to meet LMI standards Children's Justice and Services include resource referral, 05 (N) 400 Activity targets persons in one Advocacy Center advocacy and case support for victims of the HUD-defined special of crime. groups; it is presumed to principally benefit LMI persons. FOR ADDITIONAL PUBLIC SERVICES ACTIVITIES, ADD ROWS OR ATTACH ANOTHER COPY OF THIS PAGE EXAMPLES: Life Skills Program Assessment, intake and resource 05 1 25 Income eligibility requirements referrals to build life skills in financial limit the activity to LMI persons management, education, employment, only health, energy conservation, literacy Senior Meals and Services Food distribution and home delivery of 05A 1 25 HUD Special Group: Elderly,- meals, lderly,meals, nutrition information, and non-entitlement areas of county health education for seniors 19 Employment Training Intake, eligibility, skills assessment, 05H N 25 Income eligibility requirements training and service referrals for job limit the activity to LMI persons placement only Our Place - Youth Center Teen recreational and counseling 05D 1 25 Family information shows at services for ages 13 to 19. least 51% of clientele meet and will continue to meet the LMI criteria 20 ANNUAL BUDGET (July — June) COST SERVICES COUNTY ADMINISTRATION CATEGORIES AMOUNT DESCRIPTION AMOUNT DESCRIPTION Staffing $101,237 Salary & Benefits Goods and $ $ services Equipment $ $ Travel $ $ Indirect $ $3,500 Costs Cannot exceed the total grant amount minus the Up to $3,500 per year can be allocated from the TOTAL $101,237 county administration budget. $3,500 total grant amount for county administration costs. 24 CITIZEN PARTICIPATION DOCUMENTATION (FOR CDBG PUBLIC SERVICES GRANT ONLY) At least one public hearing must be conducted by the county applicant prior to submitting the CDBG application. The public hearing is to obtain citizens' views on community development and housing needs and to receive input on proposed projects under consideration for CDBG funding. Complete this form by following the steps below to meet the CDBG citizen participation requirements and submit with your CDBG application. • Complete/check all Yes or No statements. Check No if not applicable. • Other than the assessment steps, there must be a Yes answer for each step to meet the CDBG citizen participation requirements. • Further instructions, such as paths to Census data on language spoken, are in the appendix. • Attach the required documentation to this form with your CDBG application. PUBLIC HEARING STEPS ASSESSMENT YES NO There are a significant number of non-English speaking residents in the community ❑ to require additional outreach steps for the public hearing. 1. Using current census data for the local government, locate the percentage of population that speaks English less than "very well". If it is more than 10%, it is reasonable to expect non-English speaking residents could be interested in the public hearing, so check Yes, otherwise, go to question 2. 2. If the beneficiaries of the proposed project will be largely non-English speaking residents (such as a child care facility for farmworker families), then it is reasonable to expect non-English speaking residents could be interested in the public hearing, so check Yes. Otherwise check No. If you check No based on other reasons, state them here: NOTICE DEVELOPMENT YES NO Develop the CDBG public hearing notice by one of the following steps: 1. 1 used the CDBG sample notice is in the appendix. ® ❑ 2. 1 received CDBG approval to use a notice with other wording than the CDBG ❑ sample. The public hearing notice states the hearing room is handicap accessible and ® ❑ accommodations for persons with special needs will be made upon request. Because I answered YES under the ASSESSMENT step above, the notice states an N/A interpreter will be available (even without advance request). ❑ 26 ADVERTISEMENT YES NO List public hearing notice date(s): March 8th & March 15th, 2018 The notice was advertised at least two weeks before the hearing date. ® ❑ The notice meets local public hearing notification requirements. ® ❑ Because I answered YES under the ASSESSMENT step above, the notice was N/A advertised in the alternate language using at least one of the following methods: 1. Published in a newspaper or official on-line source. ❑ 2. Announced on radio or television station. ❑ 3. Posted at location(s) frequented by non-English speaking residents. List locations: List location(s): Residents, especially LMI residents, of the areas in which CDBG funds are proposed ® ❑ to be used were encouraged to participate and provide input. CONDUCTING THE PUBLIC HEARING YES NO List public hearing date: March 27th, 2018 The public hearing was held within 18 months of the date the CDBG application was ® ❑ submitted. The public hearing was conducted by the applicant local government. ® ❑ Minutes of the public hearing were taken. ® ❑ Both of the following required CDBG handouts were distributed at the public hearing. ® ❑ 1. CDBG Program Fact Sheet 2. CDBG Citizen Participation Regulations Because I answered YES under the ASSESSMENT step above, alternate-language N/A versions of the required handout were provided. ❑ -------------------------------------------------------------------------------------------------------------------------------------- (Spanish versions of the handouts are available on page 55-57.) CITIZEN PARTICIPATION DOCUMENTATION YES NO A copy of the public hearing notice's affidavit of publication OR a copy of the ® ❑ actual published notice from the newspaper is attached. Because I answered YES under the ASSESSMENT step above, documentation of the outreach steps taken for non-English speaking residents (such as a copy of N/A® the translated notice from the newspaper or public hearing posters in the alternate ❑ language) is attached. The public hearing minutes are attached. ® ❑ If the official minutes are not available by the CDBG application due date, instead include a statement from the clerk indicating when the minutes will become available and send the minutes as soon as possible. GRIEVANCE PROCEDURE A copy of the existing local government's adopted Grievance Procedure is attached. (A sample Grievance Procedure is available in the appendix. Do not ® ❑ assume the CDBG program has a copy of your jurisdiction's procedure on file from a prior application) The CDBG Certifications of Compliance have been signed certifying the citizen ® ❑ participation requirements have been met. 27 RESOLUTION NO. RESOLUTION WITH CERTIFICATIONS OF COMPLIANCE FOR COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) WHEREAS, Mason County is authorized to apply to the state Department of Commerce for a Community Development Block Grant (CDBG); and WHEREAS, Mason County has identified a community development and housing priority need for which to seek CDBG funding; and WHEREAS, it is necessary that certain conditions be met to receive CDBG funds; NOW, THEREFORE, be it resolved that Mason County authorizes submission of this application to the state Department of Commerce to request $104,737 and any amended amounts to fund public service activities in coordination with Community Action Council, Lewis, Mason, Thurston and certifies that, if funded, it: Will comply with applicable provisions of Title I of the Housing and Community Development Act of 1974, as amended, and other applicable state and federal laws; Has provided and will provide opportunities for citizen participation that satisfy the CDBG requirements of 24 CFR 570.486; Will not use assessments against properties owned and occupied by low- and moderate-income persons or charge user fees to recover the capital costs of CDBG-funded public improvements from low- and moderate-income owner-occupants; Has established or will establish a plan to minimize displacement as a result of activities assisted with CDBG funds; and assist persons actually displaced as a result of such activities, as provided in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended; Has provided technical assistance to citizens and groups representative of low- and moderate-income persons that request assistance in developing proposals; Will provide opportunities for citizens to review and comment on proposed changes in the funded project and program performance; Will conduct and administer its program in conformance with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act, will affirmatively further fair housing (Title VIII of the Civil Rights Act of 1968); and Has adopted (or will adopt) and enforce a policy to prohibit the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and has adopted (or will adopt) and implement a policy to enforce existing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction, in accordance with Section 104(1) of the Title I of the Housing and Community Development Act or 1974, as amended; Certifies to meeting the National Environmental Policy Act (NEPA) through a determination the CDBG- funded public services will not have a physical impact or result in any physical changes and are exempt under 24 CFR 58.34(a), and are not applicable to the other requirements under 24 CFR 58.6; and are categorically exempt under the State Environmental Policy Act (SEPA) per WAC 197-11-305 (2); and Mason County designates Frank Pinter as the authorized Chief Administrative Official and authorized representative to act in all official matters in connection with this application and Mason County's participation in the Washington State CDBG Program. Dated this 27th day of March, 2018 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: Terri Drexler, Commissioner Tim Whitehead, Chief DPA Kevin Shutty, Commissioner TITLE VI CERTIFICATION The County of Mason assures and certifies compliance with the following laws and regulations: TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, WHICH STATES: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance." SECTION 1.4(6)(2)(1) OF THE REGULATIONS OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ISSUED PURSUANT TO TITLE VI WHICH REQUIRE: "A recipient, in determining the types of housing, accommodations, facilities, services, financial aid, or other benefits which will be provided under any such program or activity, or the class of persons to whom, or the situations in which, such housing, accommodations, facilities, services, financial aid, or other benefits will be provided under any such program or activity, or the class of persons to be afforded an opportunity to participate in any such program or activity, may not, directly or through contractual or other arrangements, utilize criteria or methods of administration which have the effect of subjecting persons to discrimination because of their race, color, national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity as respect to persons of a particular race, color, or national origin." DEMOGRAPHICS 1. Population in the service area of the county or counties covered in this application 60,699 2. Number of Hispanic or Latino residents (of any race) 4,844 3. Number of residents by race in the service area: 52,281 White 227 Native Hawaiian/Pacific Islander 659 Black or African American 2239 American Indian/Alaskan Native/White 731 Asian n/a Asian/White 2,239 American Indian/Alaskan Native 2,049 Other 1. MINORITY POPULATIONS reported in the service area demographics above are: _X_ Scattered throughout the community. Scattered throughout the community, with concentrations in the following areas or neighborhoods: Concentrated in the following areas or neighborhoods: 2. The following opportunities were provided to protected groups to participate in and comment on the design of activities to be undertaken as part of this project (check all that apply): X Public hearing to review community development and housing needs Community meeting(s) Community survey Apply to be on a wait list for direct assistance Other: 3. Will all residents of the service area benefit from this CDBG project? _X Yes, all residents of the service area will benefit. Go to 6. 32 9. National Objective: ® Principally benefits low- and moderate-income persons or households. 10. Annual Project Budget: CDBG $104,737.00 CDBG Program Income $ Other Federal $ Other State $ Local Public $ Private $ TOTAL $104,737.00 11. Project Beneficiaries: o (N) # of persons - new or continuing access to a service: U (1)#of persons - improved access to a service: 7500 J U) (S) # of persons - service that is no long substandard: # of Persons 7500 # of LMI Persons 7500 LMI Percentage: 100 % 12. How were the numbers of beneficiaries ® LMI Limited Clientele determined? 13. Street address, city and zip code of primary location of subrecipient services (if different than 4.): 14. Certification of Chief Administrative Official: The information provided in the application is true and correct to the best of the government's belief and knowledge and it is understood the state may verify information, and that untruthful or misleading information may be cause for rejection of this application or termination of any subsequent grant contract. Signature Date Print Name Title 16 ELIGIBLE CDBG PUBLIC SERVICES ACTIVITIES FEDERAL REGULATION EXCERPT TITLE 24--HOUSING AND URBAN DEVELOPMENT CHAPTER V--OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PART 570 COMMUNITY DEVELOPMENT BLOCK GRANTS Subpart C_ Eligible Activities Sec. 570.201 Basic eligible activities. CDBG funds may be used for the following activities: (e) Public services. Provision of public services (including labor, supplies, and materials) including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, energy conservation (counseling and testing), welfare (but excluding the provision of income payments identified under Sec. 570.207(b)(4)), homebuyer down payment assistance, or recreational needs. To be eligible for CDBG assistance, a public service must be either a new service or a quantifiable increase in the level of an existing service above that which has been provided by or on behalf of the unit of general local government (through funds raised by the unit or received by the unit from the State in which it is located) in the 12 calendar months before the submission of the action plan. (An exception to this requirement may be made if HUD determines that any decrease in the level of a service was the result of events not within the control of the unit of general local government.) PUBLIC SERVICES DEFINITIONS AND CODES Below are definitions and codes for public services. This excerpt from HUD's database manual provides the most common types of CDBG funded services (in numeric, not alpha order), and not all possible service types are listed. Code Type of Services and Definition 05A Senior Services Services for the elderly. 05A may be used for an activity that serves both the elderly and the handicapped, provided it is not intended primarily to serve persons with handicaps. If it is, use 05B instead. 05B Handicap Services Services for the handicapped, regardless of age. 36 Code Type of Services and Definition 05C Legal Services Services providing legal aid to low- and moderate-income (LMI) persons. If the only legal service provided is for the settlement of tenanf/landlord disputes, use 05K. 05D Youth Services Services for young people age 13 to 19 that include, for example, recreational services limited to teenagers and teen counseling programs. Also use 05D for counseling programs that target teens but include counseling for the family as well. For services for children age 12 and under, use 05L; for services for abused and neglected children, use 05N. 05E Transportation Services General transportation services. Transportation services for a specific client group should use the matrix code for that client group. For example, use 05A for transportation services for the elderly. 05F Substance Abuse Services Substance abuse recovery programs and substance abuse prevention/education activities. If the services are provided for a specific client group, the matrix code for that client group may be used instead. For example, substance abuse services that target teenagers may be coded either 05D or 05F. 05G Services for Battered and Abused Spouses Services for battered and abused spouses and their families. For services limited to abused and neglected children, use 05N. 05H Employment Training Assistance for increased self-sufficiency, including literacy, independent living skills, and job training. For activities providing training for permanent jobs with specific businesses, use 18A. 051 Crime Awareness/Prevention Promotion of crime awareness and prevention, including crime prevention education programs and paying for security guards. 051 Fair Housing Activities (subject to Public Services subrecipient) Fair housing services (3.g., counseling on housing discrimination) that meet a national objective. 05K Tenant/Landlord Counseling Counseling to help prevent or settle disputes between tenants and landlords. 05L Child Care Services Services that will benefit children (generally under age 13), including parenting skills classes. For services exclusively for abused and neglected children, use 05N. 37 Code Type of Services and Definition 05M Health Services Services addressing the physical health needs of residents of the community. For mental health services, use 050. 05N Services for Abused and Neglected Children Daycare and other services exclusively for abused and neglected children. 050 Mental Health Services Services addressing the mental health needs of residents of the community. 05P Screening for Lead Poisoning Activities undertaken primarily to provide screening for lead poisoning. For lead poisoning testing/abatement activities, use Housing Rehabilitation 141. 05Q Subsistence Payments One-time or short-term (no more than three month) emergency payments on behalf of individuals or families, generally for the purpose of preventing homelessness. Examples include utility payments to prevent cutoff of service and rent/mortgage payments to prevent eviction. 05R Homeownership Assistance (not direct) Homeowner down-payment assistance provided as a public service. If housing counseling is provided to those applying for down-payment assistance, the counseling is considered part of the 05R activity. Assistance provided under 05R is subject to the public service subrecipient and only low/mod households may be assisted. For more extensive types of homeownership assistance provided under authority of the National Affordable Housing Act, use code 13. 05U Housing Counseling Housing counseling for renters, homeowners, and/or potential new homebuyers that is provided as an independent public service (i.e., not as part of another eligible housing activity). 05Ua Energy Conservation Counseling Energy conversation counseling and testing for renters, homeowners, and/or potential new homebuyers that is provided as an independent public service (i.e., not as part of another eligible housing activity). 05 Other Public Services Examples are client referrals to social services, neighborhood cleanup, graffiti removal, and food distribution (community kitchen, food bank, and food pantry services). HUD IDIS Manual,Appendix A: CDBG Matrix Codes(excerpt) 38 Mason County Community Development Block Grant Grievance Procedure a 1. Submit complaints in writing to the designated official; the Budget Manager: A record of the complaints and action taken will be maintained. A decision by the designated official will be rendered within 15 working days. s • If the complaint cannot be resolved to your satisfaction by the designated official, the complaint will be heard and discussed by the Mason County Board of Commissioners at an open, public meeting. A written decision will be made.within 30 working days. The decision of the Board of Commissioners is final. 2. A record of action taken on each complaint will be maintained as a part of the records or minutes at each level of the grievance process. Adopted this 22"d day of September, 2015. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON A ST: eatherlin, Chair Julie Xlmanzor, Clerk of the Board At wk Ar v�& APPROVED AS TO FORM: Tim Sheldon, Commissioner o �iis over Tim Whitehead, Chief DPA Terri Jeffreys, C Local Government Division Y Department of Commerce Communit Development Block Strengthening rural communities • • projects r that benefit low- and moderate-income persons GENERAL PURPOSE GRANTS $9,000,000 Q OUR CORE PURPOSE For planning or construction of public infrastructure,community facilities,affordable Grow and improve jobs in Washington housing,and economic development projects. State by championing thriving Competitive. Maximum grant up to$750,000 based on project type. Application communities,a prosperous economy, materials available in March and due in June. and suitable infrastructure. ECONOMIC OPPORTUNITY GRANTS $1,000,000 O PROGRAM CONTACT Kaaren Roe For state and local priority projects resulting in economic resilience and development Section Manager in rural communities. Local Government Division Competitive. Application materials available in July and accepted after the state 360.725.3018 Capital Budget is approved. kaaren.roe@commerce.wa.gov HOUSING ENHANCEMENT GRANTS $200,000 Q ELIGIBILITY GUIDELINES: For off-site infrastructure or the community facility component of a state Housing Eligible applicants are Washington State Trust Fund project. cities/towns with less than 50,000 in Competitive. Maximum grant generally$200,000. Application materials available in population and not participating in a CDBG July and accepted with a HTF Stage 2 application. entitlement urban county consortium;and counties with less than 200,000 in PUBLIC SERVICES GRANTS $1,500,000 population.Eligible cities/towns and For 17 counties and community action agencies to fund new or expanded services for counties are listed on the CDBG website. lower income persons. Allocated by formula based on population and poverty. Application materials Special purpose districts,public housing available in February and due in April. authorities,community action agencies, economic development councils,other non-profit organizations,and Indian tribes HUD NATIONAL OBJECTIVES are not eligible to apply directly to the state CDBG Program for funding,but may CDBG project activities must meet one of three HUD National Objectives: be a partner in projects and subrecipient • Principally benefits low-and moderate-income(LMI)persons of funding with an eligible city/town or • Aids in the prevention or elimination of slums or blight county applicant. • Addresses imminent threat to public health or safety 1011 Plum Street SE,Olympia,WA 98504 http://www.commerce.wa.gov/cdbg 1/10/18 50 Federal Citizen Participation Requirements for Local Government Applicants to the State CDBG Program Federal Regulations 24 CFR 570.486 (a) (a) Citizen participation requirements of a unit of general local government. Each unit of general local government shall meet the following requirements as required by the state at Sec. 91.115(e) of this title. (1) Provide for and encourage citizen participation, particularly by low and moderate income persons who reside in slum or blighted areas and areas in which CDBG funds are proposed to be used; (2) Ensure that citizens will be given reasonable and timely access to local meetings, information, and records relating to the unit of local government's proposed and actual use of CDBG funds; (3) Furnish citizens information, including but not limited to: (i) The amount of CDBG funds expected to be made available for the current fiscal year (including the grant and anticipated program income); (ii) The range of activities that may be undertaken with the CDBG funds; (iii) The estimated amount of the CDBG funds proposed to be used for activities that will meet the national objective of benefit to low and moderate income persons; and (iv) The proposed CDBG activities likely to result in displacement and the unit of general local government's anti-displacement and relocation plans required under Sec. 570.488. (4) Provide technical assistance to groups representative of persons of low and moderate income that request assistance in developing proposals in accordance with the procedures developed by the state. Such assistance need not include providing funds to such groups; (5) Provide for a minimum of two public hearings, each at a different stage of the program, for the purpose of obtaining citizens' views and responding to proposals and questions. Together the hearings must cover community development and housing needs, development of proposed activities and a review of program performance. The public hearings to cover community development and housing needs must be held before submission of an application to the state. There must be reasonable notice of the hearings and they must be held at times and locations convenient to potential or actual beneficiaries, with accommodations for the handicapped. Public hearings shall be conducted in a manner to meet the needs of non-English speaking residents where a significant number of non-English speaking residents can reasonably be expected to participate; (6) Provide citizens with reasonable advance notice of, and opportunity to comment on, proposed activities in an application to the state and, for grants already made, activities which are proposed to be added, deleted or substantially changed from the unit of general local government's application to the state. Substantially changed means changes made in terms of purpose, scope, location or beneficiaries as defined by criteria established by the state. (7) Provide citizens the address, phone number, and times for submitting complaints and grievances, and provide timely written answers to written complaints and grievances, within 15 working days where practicable. 51 ORDER 2018 Budget IN THE MATTER OF: BUDGET SUPPLEMENTAL/TRANSFERS - NOTICE OF HEARING RESOLUTION NO. 16-18 DATED AND PASSED: March 13, 2018 FOR BUDGET SUPPLEMENTAL/TRANSFERS OF: WHEREAS, a notice was published and a public hearing was held in accordance with RCW 36.40.100 and RCW 36.40.195 and with Resolution No. 16-18 (see Attachment A which is incorporated as part of this order). THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, hereby approves the budget supplementals/transfers to the 2018 budget as follows: Supplemental Requests: $30,000 to Current Expense Parks&Trails for Park Fees Revenue(347.30.302000) $30,000 to Current Expense Parks & Trails for Salaries and Benefits (001.146 various accounts) TOTAL: $0 Budget Transfers: $100,000 Transfer from REET 1 (350.300.594.12.562000) Capital Projects to $100,000 Current Expense-Facilities for Salaries and Benefits (001.055 various accounts) $70,000 Transfer from REET 2 (351.000.508.10.500000) Ending Fund Balance to $70,000 Current Expense-Parks &Trails for Salaries and Benefits (001.146 various accounts) BE IT FURTHER RESOLVED that these Supplemental Appropriations and Budget Transfers will be expended and recorded in the 2018 budget as listed in Attachment B which is also incorporated as part of this order. PASSED in open session this 27th day of March 2018. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board Randy Neatherlin, Chair APPROVED AS TO FORM: Terri Drexler, Commissioner Tim Whitehead, Chief Deputy Prosecuting Kevin snuffy, Commissioner Attorney J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\Budget Orders\Budget Order March 2018.doc C: Auditor Financial Services Treasurer J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\Budget Orders\Budget Order March 2018.doc