Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2018/09/04 - Regular Packet
BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 September 4, 2018 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Presentation of 2019 Preliminary Budget—Auditor Karen Herr&Chief Finance Manager Leo Kim 4.3 Proclamation: National Assisted Living Week 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 9:30 a.m. 7. Approval of Minutes — August 6 and August 13, 2018 briefing minutes. 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval to create, post, and fill a full time program coordinator position for the Opioid Program and eliminate the full time Community Health Program Assistant position. 8.2 Approval to increase the part-time position of Community Health Program Assistant for the Prescription Drug Overdose Program to full-time for the duration of the grant ending August 2019. 8.3 Approval to authorize ER&R to declare the Volvo L45 Wheel Loader from the Utilities and Waste Management division, and the Cat M140 Grader from the Road Operations and Maintenance division as surplus and allow ER&R to dispose of said equipment pursuant to Mason County Code and state laws. 8.4 Approval to accept a resignation from Weston Sharer (Denise Sharer) effective August 23, 2018 and to approve the Release and Hold Harmless Agreement to release and forever discharge Mason County, its officers, agents, employees, agencies, and departments from any and all existing and future claims, damages and causes of action foreseen and unforeseen of any nature whatsoever arising out of Weston's employment with Mason County and to pay the sum of$11,742.60, as agreed. Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 08/30/18 1:00 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 September 4, 2018— PAGE 2 8.5 Approval to sign the Class Action Opt-In Notice Form to the United States Court of Federal Claims to participate in the Kane County, Utah v. United States lawsuit as a Class member regarding Payments In Lieu of Taxes Act (PILT Act) for fiscal years 2015, 2016 and 2017. 8.6 Approval of the Memorandum of Understanding between North Mason School District and Mason County Parks &Trails Department for water service at Sandhill Sports Complex. 8.7 Approval to appoint Christina Lee Williams to the Mason County Historic Preservation Commission to fill the balance of a term ending November, 2020. 8.8 Approval of two Summer 2018 Mason County Heritage Grants, totaling $5,150 for the following: • Mason County Genealogical Society- $400 for website development hours. • McReavy House of Hood Canal- $4,750 request for emergency repair and stabilization of the McReavy House roof. 8.9 Approval of the Memorandum of Understanding between North Mason School District and the Mason County Sheriff's Office for a School Resource Deputy. 8.10 Approval to amend Resolution 54-18 stating interest and penalties for late payments for Lake Management Districts will be treated in the same manner as delinquent real property taxes. 8.11 Approval to set a public hearing on Tuesday, September 25, 2018 at 6:30 p.m. to consider proposed amendments to the Motorboat Regulations, Mason County Code Chapter 9.04. Proposed amendments include, but may not be limited to, changing language regarding buoy placement from shoreline to mark the minimum water skiing distance on fresh water. 8.12 Approval to set a public hearing on Tuesday, September 25, 2018 at 6:30 p.m. to consider approval of the following supplemental appropriations and budget transfer requests to the 2018 budget: Supplemental Appropriations: $17,896 Increase to Auditor's Elections Fund 001.030 - Secretary of State grant and $17,896 Increase to Auditor's Elections Fund 001.030 - Postage expense line Due to increased postage expense offset by SOS grant $127,500 Increase to Solid Waste Fund 402 - Department of Ecology grant and $127,500 Increase to Solid Waste Fund 402 - Ending Fund Balance Due to DOE grant award to pay for already budgeted household hazardous waste &recycling expenses $6,201 Increase to Juvenile Services Fund 001.171 — Office of the Governor grant and $6,201 Increase to Juvenile Services Fund 001.171 — Salary & benefit lines Due to an increase in the Becca grant $34,400 Increase to Community Services Health Fund 150 — Drinking water permits &fees and$34,400 Increase to Community Services Health Fund 150— Salaries & benefits due to an increase in revenue received from drinking water permits and fees $20,000 Increase to Community Services Health Fund 150— Department of Health grant and $20,000 Increase to Community Services Health Fund 150 —Various expense lines due to an increase in opioid funding grant from DOH Budget Transfers: $150,000 from Current Expense Fund 001.320 - Ending Fund Balance to $150,000 Office of Public Defense Fund 001.240 -Various professional service lines due to higher than anticipated expense levels during the 2018 budget process $9,600 from Current Expense Fund 001.320 - Ending Fund Balance to $9,600 Non Departmental Fund 001.300 — Litter crew tipping fees Due to increased tipping fees in 2018 $100,000 from Current Expense Fund 001.320 - Ending Fund Balance to JAAGENDAS\2018\2018-09-04 REG.doc MASON COUNTY COMMISSIONERS' MEETING AGENDA September 4, 2018— PAGE 3 $100,000 Non Departmental Fund 001.300 - Accrued Leave Due to increased accrued leave payouts in 2018 $115,500 from Current Expense Fund 001.320 - Ending Fund Balance to $115,500 Non Departmental Fund 001.300— Risk Management Insurance Due to a 21% unanticipated increase in 2018 insurance premiums $675,000 from Solid Waste Fund 402 Ending Fund Balance to $425,000 Solid Waste Fund 402 - Facility Improvements $250,000 Solid Waste Fund 402 - Capital Equipment To pay for transfer station improvements and replacement loader $2,500 from Current Expense Ending Fund Balance— Fund 001.320 to $2,500 Auditor's Elections Fund 001.030— Small Tools and Minor Equipment To replace broken printer $30,000 from Treasurer's M&O Fund 180 — Ending Fund Balance to $30,000 Treasurer's M&O Fund 180 — Professional Services Due to increased title report costs $14,500 from Current Expense Fund 001.320 — Ending Fund Balance to $3,611 Emergency Management Fund 001.050— ER&R Vehicles $10,889 Emergency Management Fund 001.050— Professional Services Correction to the May 1t budget supplemental: $14,500 DEM revenue was applied to EFB, &should have been applied to DEM expenses 9. Other Business (Department Heads and Elected Officials) 10. 9:30 a.m. Public Hearings and Items Set for a Certain Time 10.1 Public Hearing to consider rezone requests and one map correction for parcels 42002-10-00020, 32031-14-00010,32232-55-00040,32332-55-00041, 12329-12- 90011, and 61908-23-00010. Staff: Kell Rowen 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2018\2018-09-04 REG.doc MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Brittany King Ext. 419 DEPARTMENT: Support Services Action Agenda DATE: September 4, 2018 No. 4.1 ITEM: Correspondence 4.1.1 United States Department of Commerce Economic and Statistics Administration sent a letter in regards to the 2020 Census. Attachments: Originals on file with the Clerk of the Board. —i vnvrna iveauienrn,anutty at LJreaier Clerk "o-W CW UNITED STATES DEPARTMENT OF COMMERCE Economics and Statistics Administration U.S. Census Bureau saauolssluaWoO i Regional Office Ajuno j uosLvq August 22,2018 '`�o„A�$ �a Van Nuys CA 91406-4203 Booz a gnd Dear Highest Elected Official: :�� i H 'I - -- I am writing to give you an update on the U.S. Census Bureau's preparations for the 2020 Census and to share information on how you can help ensure we count all your constituents. As you probably know,the constitutionally mandated population count occurs once a decade.The 2020 Census will determine the number of seats each state has in the U.S. House of Representatives and how over$675 billion dollars per year are distributed to local communities. It is vitally important to our nation and to your community. For the 2020 Census,we are using a number of key technology developments to improve both the efficiency and quality of the Census. One of the primary goals is to increase self-response to the Census by providing more ways for people to respond.Unlike previous censuses, where a paper questionnaire was the only option for a response,we will add an online option and the ability to respond by telephone to our traditional paper questionnaire option.Also,respondents will have more language options when filling out Census questionnaire. Providing response options will help,but we know a successful census depends on strong community engagement and participation. Part of that effort is a structured approach for local support,where key leaders like you,form a Complete Count Committee. Complete Count Committees(CCC)are made up of a broad spectrum of leaders that are trusted voices within their communities. They organize,plan, and implement local campaigns to promote participation in the 2020 Census.Census Day is April 1,2020. While it may seem like a long time from now, from a planning perspective, it is not. Many local governments are already actively working on their own plans for the 2020 Census. So now is a good time to consider the efforts for your jurisdiction. We want your participation. Currently, Census Bureau staff are active throughout the nation,meeting with local governments, elected officials and community-based organizations. They are available to provide information about the 2020 Census and training on how to form a Complete Count Committee. They will provide technical guidance on upcoming census operations to help you develop a customized plan that works for your community. A local Partnership Specialist will be contacting you to set up a meeting, or you can reach the partnership program at 213-314-6230 or via email at los.angeles.rcc.partnership@2020census.gov. I have included a Complete Count Committee brochure for your review. For 2020,the Census Bureau's mission is to count everyone once,only once,and in the right place. We look forward to partnering with you to achieve a full and accurate count. Sincerely, tegionaluDirector e La United States' Census �Bureau census.gov Contact • • For additional information about the Complete Count Complete Count Committees program, 2020 Census Timeline please contact your regional census office. Committees 2018 Please contact: If you reside in: • Tribal leader, governor, or highest ATLANTA Alabama, Florida, elected local official or community Atlanta.rcc Georgia, Louisiana, leader determines Complete Count partnership Mississippi, Committees (CCCs) structure. @2020census.gov North Carolina, and South Carolina • CCCs receive 2020 Census training. CHICAGO Arkansas, Illinois, 40 2019 Chicago.rcc Indiana, Iowa, .partnership Michigan, Minnesota, . • Continue establishing CCCs. (a�2020census.gov Missouri, and Wisconsin • Open field offices. • CCCs develop strategy and DALLAS Arizona, Colorado, • work plan. Dallas.rcc Kansas, Montana, .partnership Nebraska, New @2020census.gov Mexico, North 41 2020 Dakota, South Dakota, Oklahoma, Texas, ' • CCCs begin community organization Utah, and Wyoming mobilization. LOS ANGELES Alaska, California, • 2020 Census advertising campaign Los.Angeles.rcc Hawaii, Idaho, begins in early 2020. partnership Nevada, Oregon, • CCCs support the 2020 Census. @zo2ocensus.gov and Washington • CCCs encourage self-response. NEW YORK Connecticut, Maine, New.York.rcc Massachusetts, New .partnership Hampshire, New Jersey, April 1, 2020 - CENSUS DAY 42020census.gov New York, Rhode Island, • CCCs urge households who do Vermont, and Puerto Rico not respond to cooperate with PHILADELPHIA Delaware, District of census takers. Philadelphia.rcc Columbia, Kentucky, • .partnership Maryland, Ohio, 42020census.gov Pennsylvania, Tennessee, Virginia, and West Virginia June 2018 Umted States D-1256 CCC c United States Census The 2020 Census Get tarte • is almost here! The 2020 Census provides an opportunity WHO? Community influencers create localized for everyone to be counted. Tribal, state, Tribal, state, and local governments work messaging that resonates with the and local governments; community- population in their area. They are trusted based organizations; faith-based groups; together with partners voices and are best suited to mobilize schools; businesses; the media; and others to promote and encourage form CCCs ge response to the 2020 Census in their communities. community resources in an efficient play a key role in developing partners manner. to educate and motivate residents to Community-based organizations also participate in the 2020 Census. establish CCCs that reach out to their HOW? constituents. When community members are informed, It's up to all of us! CCCs know the best they are more likely to respond to WHAT? way to reach the community and raise the census. Through collaborative A CCC is comprised of a broad spectrum awareness. Some activities could include: partnerships, the U.S. Census Bureau and of government and community leaders . Holding CCC kickoff meetings with community leaders can reach the shared from education, business, healthcare, and media briefings. goal of counting EVERYONE in 2020. other community organizations. These trusted voices develop and implement participating in Census rallies or parades. The Complete Count Committees (CCC) a 2020 Census awareness to encourage program is key to creating awareness in a response campaign based upon their • Coordinating Census unity youth communities all across the country. knowledge of the local community. forums. • Hosting Interfaith breakfasts and • CCCs utilize local knowledge, influence, WHEN? weekend events. and resources to educate communities and promote the census through locally The formation of CCCs is happening • Encouraging the use of Statistics in based, targeted outreach efforts. NOW! Leaders are identifying budget Schools classroom resources. • CCCs provide a vehicle for resources and establishing local work • Incorporating census information in plans. In 2020, they will implement the newsletters, social media posts, coordinating and nurturing cooperative efforts between tribal, state, and local plans and lead their communities to a podcasts, mailings, and websites. governments; communities; and the successful census count. • Helping recruit census workers when Census Bureau. jobs become available. • CCCs help the Census Bureau get WHY? a complete count in 2020 through The primary goal of the 2020 Census is partnerships with local governments to count everyone once, only once, and in and community organizations. the right place. BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of August 6,2018 Monday,August 6,2018 9:00 A.M. Executive Session—RCW 42.30.110(1)(b)—Real Estate Purchase Executive Session—RCW 42.30.110(1)(i)—Potential Litigation Executive Session—RCW 42.30.110(1)(i)—Litigation Commissioners Neatherlin,Shutty and Drexler met in executive session for litigation and real estate from 9:00 a.m.to 9:50 a.m.with Tim Whitehead and Frank Pinter. 10:00 A.M. State Auditor Entrance Conference—Doug Peters Commissioners Neatherlin,Shutty and Drexler were in attendance • Doug handed out information and noted that the financial single audit will be done this summer while accountability will be done in the fall.This will not change the cost.He discussed what areas will be examined including,but not limited to,fee schedule increases,sewer funds,payroll,contracts,and reserve funds from various departments. The cost for this year's audit will be$98,500. 10:15 A.M. BREAK 10:30 A.M. Community Services—Dave Windom • Kell Rowen discussed the need to advertise for openings in the Planning Advisory Commission(PAC). She noted that there are multiple open positions as Marilyn Vogeler's position has expired. The board agreed to reappoint Marilyn at the August 14`h meeting.The Board suggested having all PAC terms expire on the same date to cut down on confusion. • Kell asked permission to set a hearing on September 4,2018 to consider four requests for rezones and a map correction. She discussed the reasoning for the requested rezones and the map correction. • Dave said he received another application for the Environmental Health Manager position and is moving forward with interviews. • Discussion was had about abandoned properties and the bank taking control of said properties. • HOST contract is rewritten and has been submitted to Peter Jones to review with his board. • Dave noted that he and Kristopher are working to recreate the position description for a plans examiner. • Cmmr.Shutty questioned if the Housing Authority Board or Kathy Haigh have contacted him.Dave noted he has not been contacted and would attempt to speak with Kathy. 11:00 A.M. Public Works—Jerry Hauth Utilities&Waste Management Commissioners Neatherlin,Shutty and Drexler were in attendance • Sarah Grice said that on a previous approval,John Heusits was the contract signer. Because he is no longer with the County,Sarah asked to bring forward approval to have a new signer for contracts.The Board approved her coming forward at the August 14`h meeting. • Loretta Swanson asked to move forward with two Private Line Occupancy permits.The Board approved both. • Bart Stepp talked about the water meter project for Rustlewood and Beards Cove.He announced that the low bid was from Oceanside Construction,adding that their bid includes the cost of the meters,and software. • Cyndi Ticknor said that the transfer station is using a 2007 loader which needs to be replaced.Replacement was planned for 2019,but now needs to be replaced as soon as possible. She explained all of the current issues,noting that the cost to repair is very high. A new loader may cost up to$250,000,but the funds are available within their budget. The Board approved moving forward.Cyndi then said the 1994 grader has a blown engine and was not scheduled to be replaced until 2021.A new engine is,at minimum, $30,000.She asked to move forward with the purchase of a new grader so she could then sell the old machine to recoup some of the funds.The board approved replacement and sale of the old grader. • Loretta talked about developing a stormwater permit. She discussed the work done between Planning,GIS,and herself. Loretta implied that if a permit was created, physical inspections would be necessary,meaning more man power would needed. • Jerry Hauth announced that he's only received two applications for County Engineer even though it's been posted for two months.He proposed creating an assistant County Engineer position for training opportunities and presented a chart with other proposed position/range updates.He suggested that a Hydraulics Engineer and technician be added under Loretta to assist with the Stormwater fieldwork just discussed.Cmmr.Neatherlin voiced concern about the need to be fair to everyone involved in the reclassification because of the jump in range for some positions.Cmmr.Drexler asked for job descriptions,and a plan to sustain two new positions.She and Jerry then discussed what training would be necessary for an assistant engineer. • An in depth discussion was had about the County Road Projects in the 2019 budget proposal and also about what projects have been completed in 2018. BREAK—NOON 2:00 P.M. Elected Official/Department Head Meeting Commissioners Neatherlin,Drexler and Shutty were in attendance along with elected officials,directors and members of the public. • Cmmr.Drexler announced that the Budget Advisory Board has two more meetings with department heads and will then move forward with budget recommendations.At this time she hopes to have a recommendation from the advisory board by October.Karen Herr stated that it was difficult to fill in the board about all the services covered in a fifteen minute time span. • Review of 2019 budget process-Frank asked if anybody has any questions about the changes and policy level requests.No questions were asked.He said that policy level requests are due by September 106 . • Cmmr. Shutty announced that WSU will be sending out a survey in September to all employees which will be anonymous.He noted that they are hoping the survey aligns the County with the goals in place.Melody Peterson asked what the Board is hoping to learn from the survey.Cmmr. Shutty answered that he hopes to learn the current culture,the goals for each office versus the goals of the county,and if the goals need to be updated to meet the expectations of the citizens. • Updates of Elected Officials/Directors- o WSU Extension-Dan Tutenburg talked about the volunteer time at Grays Harbor County Fair,adding that the Master Gardners recently harvested a few hundred pounds of produce for the local food bank.Dan suggested each department name the top three goals they are working towards to see if there is a possibility of partnering with other departments. o Public Works-Jerry Hauth said summer construction is underway and discussed some current projects.He then talked about the GIS department,suggesting the use of maps in most departments is underutilized. o Assessor-Melody Peterson announced the Assessor's office inspections are complete and they are working on their analysis of values and hoping to have change of value notices out within the next three weeks. She agreed that GIS has many uses,and praised Jason for his work,but asked that perhaps the County hire more employees lighten the load on departments. o District Court-Victoria Meadows announced another staff member left due to the high volume and high stress of working in the office. She then voiced concern over one candidate who believes Judges salaries should be cut. She noted that their salaries are set by Legislation and cannot be changed.Patsy Robinson stated that District Court is so short staffed that they are falling behind once again,and need to have their open position filled immediately. o Auditor-Karen Herr announced as of this morning,based upon the ballots received,voter turnout is almost at 30%. o Community Services-Dave Windom said the online permitting program is going smoothly and should be done by the beginning of 2019 to accept permit applications and building plans.Permits are running at 65 days to approval.He noted that people are having difficulty getting into the building with the construction,and are walking through the construction even though signs are posted. o Cmmr.Drexler reported that they are still working with the city of Shelton on the permits for the mental health center. o Cmmr.Neatherlin recapped the following topics for the next Elected Officials/Directors meeting:All departments need to list three goals in which they may be able to partner with other departments,come up with suggestions on how to make GIS better,and traffic issues/accessibility due to construction. 3:00 P.M. Support Services—Ross McDowell Review of 2018&2019 Information Technology Projects Review of 2018 and 2019 Facilities&Parks projects Commissioners Neatherlin,Drexler and Shutty were in attendance • Review of 2018&2019 IT Projects-Ross McDowell first discussed the 2018 projects for Information Services and how they've been handled.Cmmr.Drexler questioned the savings in changing phone systems.Frank said the bill has been reduced from$100,000 to$80,000 per year.Todd Cannon said they will be looking at other providers for lower billing,but wanted to wait until all bugs were out of the system,which looks to be complete. • Ross went through a handout detailing a list of tentative projects and their funding sources in 2019. • Review of 2018 and 2019 Facilities&Parks projects-Ross explained this report began April 15'x,not January I'.He and Frank discussed completed projects and those in the works.Ross then went through REET 1 and 2 projects.Cmmr.Neatherlin asked that handicapped parking be expanded at Sandhill. 4:00 P.M. Support Services—Frank Pinter Commissioners Neatherlin,Drexler and Shutty were in attendance • Frank Pinter asked that the reclassification requests be discussed first because members of the Sheriff s office were present.Dawn Twiddy passed out a draft resolution amending resolution 59-18 to change the Chief Administrative Deputy position to the previous title of Finance Manager.Cmmr.Neatherlin questioned the difference between this reclassification versus that of Community Development. Frank explained the differences in the job descriptions.Due to missing items in the current job description,Cmmr.Neatherlin asked to table the discussion for a week until more information could be obtained. • Frank addressed the Washington Department of Transportation request to surplus properties.Cmmr.Drexler suggested that recommendations come from Facilities after internal review. • Dawn Twiddy asked to send Nichole Wilston to the PRIMA institute training in Florida, November 6-7. She said The Washington Counties Risk Pool will be providing$1500 towards the cost of the trip,while the rest can come from the HR budget.This training will certify Nichole to take over her position as Risk Manager.The Board approved out of state travel. • Annual liability insurance-Dawn reported that the County's annual liability insurance will increase by 21%.The county's deductible is$25,000.If the deductible were changed to$50,000 per claim,there would be a savings of$75,900 in the premium. She discussed both the positive and negative aspects of changing the deductible.Dawn explained that Mason County should add additional coverage to the crime insurance for items such as Computer and Funds Transfer Fraud,Money order and Counterfeit currency.The Board approved moving forward. • Frank discussed the 2019 Commissioner Preliminary Budget.Cmmr. Shutty stated that his recollection was that the travel expense line was supposed to be$500 for 2018.Frank said he would look into it,and make sure it is changed for 2019 if it is not already. • Ross McDowell presented a letter of recognition for Ben Ramsfield in IT.Ross discussed how he has assisted with Terascan which was a large undertaking and asked to present him with a green star.The Board approved moving forward. No Commissioner discussion was had. Respectfully submitted, Melissa Drewry,Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Terri Drexler Kevin Shutty Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of August 13,2018 9:00 A.M. Executive Session—RCW 42.30.110(1)(i)—Litigation Commissioners Neatherlin,Shutty and Drexler met in executive session for litigation 9:00 a.m.to 9:14 a.m.with Tim Whitehead and Frank Pinter. 9:15 A.M. Support Services—Frank Pinter Commissioners Neatherlin, Shutty and Drexler were in attendance • Frank introduced Steve Sylvie who came to give the Board an update regarding the Maple Fire.He explained how the firefighters have held the fire in the same location for the last three days noting that the cooling trend of the weekend helped control the spread.The fire is very smoky but mostly underbrush is burning,not the tree canopy.Cmmr.Shutty thanked him for all of this information and the meeting up in Hamma Hamma held August 10th. • Frank presented an amended resolution for Lake Management District interest and penalties. He asked to move the resolution to the action agenda.The board approved moving the amendment to the action agenda. • The Public Works request to reclassify the Office Manager to an administrative position was discussed Frank addressed the reason behind the request,describing the position and additional responsibilities.He noted the salary stays the same,but moves to a higher range to allow for growth. • Timberlake's scrivener's error-Frank noted research being done,but at this time there isn't sufficient evidence of an error.Citizen James Taylor was present,and Cmmr. Shutty asked him to speak about his proposed changes.James said the Timberlake's Home Owner's Association would like to change the code so buoys could be set at 75 feet instead of 150 feet.Cmmr.Neatherlin stated that he believes the 150 foot rule is in error.Frank said more research would be done and this topic would return for further discussion. • Ross addressed the surplus property request sent from the WSDOT.He shared his research noting that he sees no benefit in keeping the properties. • Frank gave updates for the 09 fund as listed on the handout.Including REET1 and REET2 funds.Future ending balance projections through 2028 were considered. • Discussion was had regarding the petition received from Timberlake's.Cmmr.Neatherlin suggested it may not be able to move forward due to the fact that the request is to lessen restrictions.Frank said he would research the code and return with more information at the next meeting. 10:00 A.M. Community Services—Dave Windom Commissioners Neatherlin,Shutty and Drexler were in attendance • Lydia addressed the need to amend a contract and requested it go on the consent agenda for August 10.Cmmr.Drexler asked about the scope of work.The Board approved moving forward immediately. • Caller ID from Mason County shows"Police Department"when making outgoing calls which is causing concern.Todd Cannon said all lines have been looked at by Centurylink, and no issues have been found.Cmmr.Neatherlin questioned if the caller ID could be turned off,which Todd said it can be.Cmmr. Shutty said he would be fine turning it off while a solution is researched. • Kristopher Nelsen announced that SmartGov will go live in October.And said they would need two days for training and are looking at Friday,October 12,2018 and Monday,October 15,2018.Cmmr.Drexler suggested announcing the closure ahead of time then releasing a formal news release at the beginning of October.Kristopher said he would send notice and would also like to set up a presentation of SmartGov,which the Board said they would like to see. • Dave Windom presented financial comparisons for Mason County Community Services and discussed the noted differences. • Kell Rowen noted that she is adding an item to the agenda to reappoint Marilyn Vogler to the Planning Adivsory Commission. She also announced another member has stepped down and she will be once again submitting a press release to fill the vacancy. • Dave updated fire restrictions as of Saturday,August 11`s. • Mason lake outbreak-water was tested due to 27 separate reported illnesses.He stated that the fecal coliform test came back at 7;action level is 40.The park has since been reopened. 10:30 A.M. BREAK 10:35 A.M. Public Works—Jerry Hauth Utilities&Waste Management Commissioners Neatherlin,Shutty and Drexler were in attendance • Loretta Swanson,along with Joseph Pavel,and Evan Bouder talked about the Skokomish River Basin ecosystem restoration and Skokomish Valley Road improvements.The two potential funding sources are Floodplains by Design(FbD)and Puget Sound Acquisition and Restoration(PSAR)fund.Negatives and positives were discussed with each funding source. After an in depth discussion,PSAR funding was agreed upon. • Jerry said they would like to build a salt and patch storage facility at the Public Works Drive location.Jerry discussed the building and how it will be used in the future after more growth. The Board questioned the cost of$450,000.Sarah explained this is for the construction and design of the building.Cmmr.Neatherlin agreed with the need for the building.The Board approved moving forward. • Jerry asked to change the County Engineer signature line to a generic"County Engineer" due to John Huestis leaving and no new engineer being hired at this time.The chair approved this change. • It was announced that there is one more half day closure at Eells Hill on the 20'h.He said Bart would be posting notice and putting out a news release. • REET funding for Rustlewood-Cmmr.Drexler questioned the total being used towards the meters. Jerry noted that he would check with Bart and return with the numbers. 11:12 A.M. Audit Committee Update—Leo Kim Commissioners Neatherlin,Shutty and Drexler were in attendance • Leo Kim announced that the Audit Committee met in July,then noted and briefed the eight specific areas covered at that meeting. o Belfair Finding o Capital assets certification/inventory o Capital asset/trackable policies and procedures o Electronic signatures o Sheriff Special Funds o CDBG-grant/loan small businesses o Audit risk assessment o Cash Handling • Leo addressed a finding with the Belfair Sewer and possible other issues with the Audit. Frank questioned what the State Auditor's Office would do with the results findings.Leo answered that it may increase the county's bond rating,could affect grant funding,or damage public impression.Frank said that the bond company would review the county annually and would like to see two to three years of reversed actuals before they consider changing the rating. Commissioner Discussion—as needed Cmmr. Shutty announced he'll be gone Monday,August 20th but he may call in for Briefings if time allows. Respectfully submitted, Melissa Drewry,Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin Terri Drexler Kevin Shutty Chair Commissioner Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lydia Buchheit Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: COMMISSION MEETING DATE: 9/4/18 Agenda Item # g Commissioner staff to complete) BRIEFING DATE: 8/27/18 BRIEFING PRESENTED BY: Lydia Buchheit [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Create, post and fill a 1.0 FTE Program Coordinator position for the Opioid Programs and eliminate the 1.0 FTE Community Health Program Assistant position. The Program Coordinator position will take on the responsibilities of the additional opioid programs and grant funded work. This position will be posted internally per the CBA as a first priority. There will be no increase in FTE's for the program. Background: We now have three substance use disorder/opiod grant programs that need planning, coordination and monitoring. The new position includes increased experience, skills and responsibility in community engagement, collaboration and grant management. RECOMMENDED ACTION: Approve the addition of the 1.0 FTE Program Coordinator position and delete the previous 1.0 Community Health Program Assistant position. Attachment(s): None l:\Community Services-Public Health\CA Coordinator Position 9.4.18.doc MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Lydia Buchheit Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: COMMISSION MEETING DATE: 9/4/18 Agenda Item # g Commissioner staff to complete) BRIEFING DATE: 8/27/18 BRIEFING PRESENTED BY: Lydia Buchheit [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Increase our part-time staff position of Community Health Program Assistant working the Prescription Drug Overdose program to full-time for the duration of the grant, August 2019, to accomplish the increased work added to the grant. Background: Department of Health increased our Prescription Drug Overdose grant for 9/2018- 8/2019 by $25,000 to add more time to work the program. RECOMMENDED ACTION: Approval of part-time position going to full-time for the Community Health Program Assistant for the remainder of the grant, until August 2019. Attachment(s): None I:\Community Services-Public Health\CA PDO position 9.4.18.doc MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jerry W. Hauth PE, Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: September 4, 2018 Agenda Item #$ .3 BRIEFING DATE: August 27, 2018 BRIEFING PRESENTED BY: Cyndi Ticknor [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Surplus of Personal Property BACKGROUND: ER&R is requesting the Board declare the Volvo L45 Wheel loader in the U&W Management Division and the Cat M140 Grader in the Road Operations & Maintenance Division as surplus. ER&R will be trading-in both pieces on new equipment. The County will be using contracted vendors with Washington State Department of Enterprise Services (DES) and National Joint Powers Alliance (NJPA) to obtain quotes on trade-in values and take advantage of equipment contracted prices on the new equipment. The County has cooperative purchasing agreements allowing the county to utilize contracts competitively solicited and awarded by both agencies. This process is pursuant to the County's procedure for surplus of personal property, cooperative purchasing and the laws of the state of Washington. RECOMMENDED ACTION: Recommend the Board authorize ER&R to declare the attached list of equipment as surplus and allow ER&R to dispose of pursuant to Mason County code and state laws. 4 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: 09/4/18 Agenda Item # S `� (Commissioner staff to complete) BRIEFING DATE: 8/27/18 BRIEFING PRESENTED BY: Dawn Twiddy [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to accept a resignation from Weston Sharer (Denise Sharer) effective August 23, 2018 and to approve the Release and Hold Harmless Agreement to release and forever discharge Mason County, its officers, agents, employees, agencies, and departments from any and all existing and future claims, damages and causes of action foreseen and unforeseen of any nature whatsoever arising out of Weston's employment with Mason County and to pay the sum of$11,742.60, as agreed. Background: The approval of this Release and Hold Harmless Agreement is a compromise of any and all existing and/or future claims, damages and causes of action of any kind and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that the said Releasees deny liability therefor, and further that such shall not be a basis for claims for indemnity, contribution or breach of any Federal, state, local law. RECOMMENDED ACTION: Approval to accept a resignation from Weston Sharer (Denise Sharer) effective August 23, 2018 and to approve the Release and Hold Harmless Agreement to release and forever discharge Mason County, its officers, agents, employees, agencies, and departments from any and all existing and future claims, damages and causes of action foreseen and unforeseen of any nature whatsoever arising out of Weston's employment with Mason County and to pay the sum of $11,742.60, as agreed. Attachment: Release and Hold Harmless Agreement on file with Clerk of the Board. r RELEASE AND HOLD HARMLESS AGREEMENT FOR AND IN CONSIDERATION of the sum of Eleven Thousand Seven Hundred Forty Two Dollars and Sixty Cents ($11,742.60),this Release and Hold Harmless Agreement is made and entered this 23rd day of August, 2018 by and between Mason County and Weston Sharer and Denise Sharer, individually and their marital or domestic community with and their successors in interest do hereby release and forever discharge Mason County and its officers, agents,employees,agencies and departments from any and all existing and future claims, damages and causes of action of any nature whatsoever arising out of Weston's employment resignation and public records request. Recitals: Whereas Weston Sharer served Mason County in the position of Combined Sewer & Water Operator I from the year April 18, 2017 until August 23rd of 2018. Whereas Mason County wishes to sever its relationship with Weston Sharer for reasons not amounting to employee misconduct but for reasons related to not being the right fit for the position for which the County would rather utilize at this time. Whereas both Mason County and Weston Sharer mutually recognize that their relationship should not end with harsh feelings and the turmoil of potential litigation and that it is in the best interest of all, too simply reach agreeable terms to end the employment relationship. Mason County and Weston Sharer wish to resolve their differences and fully settle and resolve any and all known and unknown, foreseen and unforeseen claims or potential claims. Accordingly, it is hereby agreed as follows: a) Weston Sharer shall provide the County with a letter of resignation indicating that his/her last day of employment shall be August 23,2018. The resignation shall state that it is a resignation in lieu of termination and the County shall accept that resignation in lieu of termination. b) Mason County agrees that Weston Sharer may represent to the Department of Employment Security that he resigned in lieu of termination and for reasons neither related to misconduct or for any other reason that would, from the position of the County, work to deny his claim for unemployment compensation benefits. c) Weston Sharer's full medical and dental coverage shall continue through the end of August 2018 and Weston shall be provided proper COBRA notification so that he may elect further and continuing coverage if that is his desire. d) Weston Sharer shall be provided a letter of reference in substantial form to the attached exhibit A. e) Mason County agrees that unless required by law that the only information that it will provide to prospective employers shall be the content of the attached exhibit coupled with highest rate of pay while employed. f) Mason County agrees that all inquiries regarding Weston Sharer or his employment with Mason County shall be directed exclusively to the Human Resources Manager. Human Resources agree to limit all oral representations to only that information contained in the attached exhibit A, except Human Resources may also reference additional positive material in positive light about Weston. 1 g) Mason County agrees that if Weston Sharer furnishes prospective employers a release authorizing provision of her employee file and information pertaining to her employment that Mason County will include a copy of the Attached Exhibit A as the first document that will be provided along with the other materials contained in the employee file that were authorized. h) Mason County agrees that no documents contained in the supervisory desk files on Weston Sharer shall ever be made part of his/her employment but shall be maintained as exempt from public record request. Release: In exchange for entering this agreement, Weston Sharer forever releases and discharges Mason County, its past, present and future Commissioners, elected officials, officers, employees, agents, affiliates, assigns and successors from any and all claims, related to his employment with Mason County, his separation therefrom, public records requests, or for any issues arising before the date of this agreement. This release shall include any claims arising under Federal,state,or local law prohibiting discrimination, harassment, retaliation in employment, public records, claims or wrongful discharge, claims of constructive discharge, breach of contract,defamation,constitutional violations, unpaid wages,salary,or other sums, emotional distress, personal injury,attorneys'fees,or other statutory or common law claims. Weston Sharer agrees not to pursue any legal action against Mason County as the result of the signed Settlement Agreement. Specifically, in addition to general releases and waivers, and agrees not to institute a law suit under Title VII of the Civil Rights Act of 1964,as amended, (Title VII), the Public Records Act,or any other unmentioned Federal, state, or local law. Weston Sharer knowingly and voluntarily waives all rights under the Federal law, which provides that the appellant(Weston Sharer) may have 21 days from receipt of the agreement to review and consider this agreement before signing it. The employee further understands that he may use as much of this 21-day period as he/she wishes prior to signing and delivering this agreement. Federal law further provides that Weston may revoke this agreement within seven (7) days of the signing and delivering it to the County. Federal law also requires Mason County to advise Weston Sharer to consult with an attorney before signing this agreement. Having been informed of these rights, and after consultation with his counsel, he voluntarily waives these rights. The parties agree that the content of this agreement are contractual and not mere recitals, Mason County understands that this release does not work to bar claims of breach of this agreement nor does it work to bar claims related to actions taken by Mason County or its officers,agents,or employees in the future which would contradict in any way the settlement reached herein. This agreement is to be construed under the laws of the state of Washington. The parties further agree that in the event of a dispute as to the content of this agreement that the proper jurisdiction and venue shall be Mason County Superior Court, Mason County, Washington. Agreement entered this day of By and between Weston Sharer Date Denise Sharer Date Randy Neatherlin, Chair Date Mason County Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 530 DATE: September 4, 2018 Agenda Item # g,5 Commissioner staff to complete) BRIEFING DATE: August 6, 2018 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to sign the Class Action Opt-In Notice Form to the United States Court of Federal Claims to participate in the Kane County, Utah v. United States lawsuit as a Class member regarding Payments In Lieu of Taxes Act (PILT Act) for fiscal years 2015, 2016 and 2017. Background: The lawsuit seeks to recover monies that the court has determined the federal government owes each Class Member for the underpayment of its respective PILT Act entitlement in fiscal years 2015, 2016 and 2017. Notice must be submitted no later than September 14, 2018. RECOMMENDED ACTION: Approval to sign the Class Action Opt-In Notice Form to the United States Court of Federal Claims to participate in the Kane County, Utah v. United States lawsuit as a Class member regarding Payments In Lieu of Taxes Act (PILT Act) for fiscal years 2015, 2016 and 2017. Attachment(s): Notice of Class Action lawsuit United States Court of Federal Claims Washington, D.C. OFFICIAL NOTICE The United States Court of Federal Claims has certified a CLASS ACTION lawsuit regarding your right to recover additional sums under the PAYMENTS IN LIEU OF TAXES ACT [PILT Act] for fiscal years 2015, 2016, and 2017. This is not a solicitation from a lawyer. The Court of Federal Claims,in the case of Kane County, Utah v. United States,Case Nos. 17-739C and 17-1991C(Consolidated) [the Lawsuit],has directed sending this notice to a Class made up of. "All `unit[s] of general local government,' as defined in 31 U.S.C.§6901(2),that received payment under 31 U.S.C. § 6902(a) of the Payment in Lieu of Taxes Act [PELT Act] in fiscal years 2015,2016 and/or 2017." You are receiving this notice because you are a unit of local government believed(1)to be a member of that Class,and(2)to have been underpaid in those years. The Lawsuit seeks to recover monies that the Court has determined that the federal government owes each Class Member for the underpayment of its respective PILT Act entitlement in fiscal years 2015,2016, and/or 2017. , To obtain the money that the federal government owes you,without having to file your own lawsuit,you must submit a Class Action Opt-In Notice Form which can be done quickly and securely online at S www.PILTPayments.com.You may also complete and return the enclosed copy of the Class Action Opt-In Notice Form by first class mail or pre-paid delivery service. To participate in the Lawsuit,you must submit your completed Class Action Opt-In Notice no later than September 14,2018. YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT • This Notice has been sent to you by order of a federal court. Please read this Notice carefully and fully. It explains the opportunity you now have to join a Class Action Lawsuit currently pending before the Court. • The Court is neither encouraging nor discouraging you to join the Lawsuit. You have the right to participate in the Lawsuit as a Class Member, or to do nothing and be excluded from the Lawsuit. 1 f • Please Note: This particular Class Action differs from many other class actions in the United States because, o if you do nothing,you will not be able to participate in the Lawsuit, and - o- the Court has-already ruled that the federal government awes each�Class-Nlember for - underpayments in fiscal years 2015, 2016, and/or 2017. SUMMARY OF YOUR RIGHTS AND OPTIONS IN THIS LAWSUIT By submitting a Class Action Opt-In Notice Form you are asking to be included in the Lawsuit,receive any PELT Act underpayments recovered in the Lawsuit, and be bound by its results. ASK TO BE INCLUDED(OPT INTO THE CLASS ACTION • You acquire rights to any money that the Court determines that you LAWSUIT) are due as a result of underpayment,in fiscal years 2015 through 2017, of your entitlement under Section 6902 of the PILT Act. • You will be bound by the outcome of the case,whether favorable or unfavorable to you. You will also give up the right to sue the federal government on your own,and at your own expense,for the same legal claims made in the lawsuit. In order to join the Lawsuit,you must submit a completed Class Action Opt-In Notice Form online,by first class mail,or by pre-paid delivery service.The Class Action Opt-In Notice Form must be submitted,postmarked,or delivered no later than September 14,2018. DO NOTHING If you do nothing,you will not be included in the Lawsuit,and you will have no right to any money recovered in the Lawsuit. But you will keep the right to sue the federal government for any alleged PILT Act underpayments in fiscal years 2015 through 2017, on your own and at your own expense. • Your rights and options, and the deadline to exercise them,are further explained below. • This Notice may affect your legal rights.Read it carefully. 2 BASIC INFORMATION 1. Why did I get this Notice? The federal government's records show that you are a unit of local government that received a payment pursuant to Section 6902 of the PILT Act in fiscal years 2015, 2016, and/or 2017. This Notice advises you that: a. The Court has allowed, or"certified,"a Class Action Lawsuit against the United States to recover amounts which the Court has determined that the government was required to pay units of local government under 31 U.S.C. § 6902,but did not pay in full in fiscal years 2015, 2016 and 2017. b. You are eligible to participate in the Lawsuit by completing and timely submitting a Class Action Opt-In Notice Form. The Form may be completed and submitted online at www.PILTPayMents.com. Alternatively, you may complete the enclosed copy of that Class Action Opt-In Notice Form and submit it by first class mail or by pre-paid delivery service. 2. What is this Lawsuit about? This Lawsuit is about whether the federal government was required to pay in full the amounts due to units of local government under Section 6902 of the PILT Act in fiscal years 2015, 2016,and 2017. The Class Representative (Kane County,Utah)contended that the federal government underpaid units of local government in those years, and that all Class Members are entitled to recover the underpayment amounts. The government denied that any units of local government were entitled to any additional PILT payments beyond the amounts already paid for those years. 3. What has the Court decided? The Court has ruled that provisions of Section 6902 of the PILT Act obligated the federal government to pay eligible units of local government the full amounts calculated by a formula set forth in the Act even though Congress failed to appropriate sufficient funds to do so in fiscal years 2015 through 2017(noting that Kane County had not challenged(and the decision did not therefore extend to)the portion the government's reduction of its fiscal year 2015 PILT payments caused by the sequestration of part of the funds appropriated to make FY 2015 PILT payments).The Court granted summary judgment, in favor of the Class, as to the government's liability for underpaying Class Members in those years.The Court has not yet determined the amount by which the Class as a whole, or any individual Class Member, was underpaid in those years. As of the date of this notice, Class Counsel 3 and counsel for the government have agreed on the amount of the underpayment in fiscal years 2015 and 2016, and anticipate reaching agreement on the amount of the underpayment in fiscal year 2017.The Court's decision is subject to appeal. - — 4. What is a Class Action and who is involved? In a class action,one or more Class Representatives(in this case, Kane County,Utah) sues on behalf of all Class Members (in this case,units of local government that receive PELT payments) who have the same or similar claims. Kane County and all other Class Members who choose to participate in the Lawsuit are the"Plaintiffs."The United States is the"Defendant."In a class action at the United States Court of Federal Claims,the Court resolves all issues for all Class Members who choose to participate in the Lawsuit. Here,that includes the Court's decision that the government is liable, described in paragraph 3 above. 5. Why is this lawsuit a Class Action? The Court has decided that this Lawsuit meets the requirements of Rule 23 of the Rules of the United States Court of Federal Claims,which governs class actions in that Court. Specifically,the Court has ruled that: • The potential Class is so numerous that joinder of all Class Members is impractical; • There are legal questions and facts common to each Class Member's claim; • The Class Representative's claim is typical of the claims of other Class Members; • The Class Representative, Kane County,Utah, and Class Counsel, Alan I. Saltman, a partner in the Washington, D.C. office of Smith, Currie&Hancock LLP, will fairly and adequately represent the interests of the Class; • The common legal and factual questions predominate over questions affecting only individual Class Members; and • This Class Action will be more efficient than having many individual lawsuits. 6. What is requested in this Lawsuit? The Class Representative seeks, for itself and for all other Class Members who choose to participate in the Lawsuit, payment of the amounts by which each was underpaid in fiscal years 2015 through 2017. Class Counsel will also ask the Court for an award of attorney's fees and expenses. 4 WHO MAY PARTICIPATE IN THE CLASS ACTION 7. Am I part of this Class Action Lawsuit? You must decide whether you wish to participate in the Lawsuit.You cannot participate unless and until you fill out and submit—online,by first class mail,or by pre-paid delivery service—the Class Action Opt-In Notice Form found on the website www.PILTPayments.com. A copy of the Form is also enclosed.The Rules of the United States Court of Federal Claims require that Class Members choose whether to"opt into"the lawsuit. If you fit the description in the next question—and the government's records indicate that you do—you may opt into and participate in this Lawsuit.If you do nothing,you will be excluded from the Lawsuit and will forfeit your right to receive any monies recovered in the Lawsuit. 8. Who can participate in the Lawsuit? The Court has decided that the Class consists of: "All `unit[s] of local government,' as defined in 31 U.S.C. § 6901(2),that received payment under 31 U.S.C. § 6902(a)of the Payment in Lieu of Taxes Act in fiscal years 2015,2016, and/or 2017." Any unit of local government meeting this definition may participate in this Lawsuit by timely submitting a completed Class Action Opt-In Notice Form. 9. Does participating in the Lawsuit cost any money? No. YOUR OPTIONS 10. How can I participate in this Lawsuit? You can complete and submit your Class Action Opt-In Notice Form online at www.PILTPayments.com. Alternatively,you can complete the enclosed Class Action Opt-In Notice Form and send it by first class mail to: PILT Payments Class Action,P.O.Box 65876,Washington,D.C. 20035-5876; or by pre-paid delivery service to: PILT Payments Class Action, 1025 Connecticut Avenue NW, Suite 600,Washington,D.C. 20036.However you transmit it,you must submit your completed Form no later than September 14, 2018 if you wish to participate in the Lawsuit.Do not delay. 5 11. What happens once I choose to participate in this Lawsuit? As a Class Member who chooses to participate in the lawsuit,you will be represented by Class Counsel,who will take all actions necessary to protect your rights.You will receive the benefit of,and be bound by,all rulings,orders, -- --judgment&entered,or settlements approved=by-the=Court;whether-favorable or4infavoralale_Y0u�uill notes vyev� be asked to make any out-of-pocket payment of attorney's fees or expenses in the case. 12. If I choose to participate in the Lawsuit,what will I be required to do? After timely submitting a completed Class Action Opt-In Notice Form,the parties currently do not anticipate that you will have to do anything else. 13. What happens if I choose not to participate in the Lawsuit? If you do not submit a completed Class Action Opt-In Notice Form online on or before September 14,2018;by first class mail postmarked on or before September 14,2018; or by pre-paid delivery service delivered no later than September 14,2018,you will be barred from participating in the Lawsuit and will not be entitled to any portion of any monetary recovery by judgment or settlement of the Lawsuit.You will retain the right to sue the federal government on your own about the same legal claims made in the Lawsuit,and will not be bound by the Court's judgment in the Lawsuit. If you decide to pursue your claim independently,outside of this Lawsuit,you should consult an attorney and do so promptly because certain statutes of limitation may bar or limit your claim. If you choose to hire your own attorney,you will be responsible for paying the full cost of that attorney. THE LAWYERS REPRESENTING YOU 14. If I choose to participate in the Lawsuit,do I have to hire a lawyer to represent me? No.The Court has decided that Alan I. Saltman and the firm of Smith, Currie&Hancock LLP are qualified to represent you and all other Class Members who choose to participate.They are called"Class Counsel." Mr. Saltman is experienced in handling similar cases against the federal government.If you choose to file a Class Action Opt-In Notice Form,you agree to legal representation by Mr. Saltman and his firm. 15. Should I hire my own lawyer? If you decide to participate in the Lawsuit,you do not need to hire a lawyer because Class Counsel is and will continue working on your behalf.But you are permitted to hire your own lawyer if you would like to do so.For 6 example, you may have your own lawyer appear in Court if you want someone other than Class Counsel to speak for you. Of course, if you choose to hire your own lawyer,you will be responsible for paying the full cost of that lawyer. 16. How will Class Counsel be paid? Class Counsel will submit a request for its fees and expenses to the Court. You will not have to pay any fees or expenses directly. The fees and expenses that the Court determines should be paid to Class Counsel, if any, might be deducted from the money obtained for the Class and might reduce the amount available for distribution to Class Members, and therefore reduce the amount of money you receive. LITIGATION INFORMATION 17. How and when will the Court decide the amount of the underpayments? Class Counsel and counsel for the government have already agreed on the amount of the underpayments in fiscal years 2015 and 2016, and anticipate that they will also reach agreement on the amount of the underpayment in fiscal year 2017. Should that not occur, Class Counsel will have to prove the amount of the underpayments in fiscal year 2017 at trial. No trial date has been set. The Court has not yet entered judgment in any amounts for any of the years involved in the Lawsuit. 18. If there is a trial on damages, must I attend? If there is a trial on damages, you do not need to attend. Class Counsel will present the case on behalf of all Class Members participating in the Lawsuit. You and/or your own lawyer are welcome, and entitled, to attend at your own expense. 19. When will I get any money from the lawsuit? After the Court has determined(a) which Class Members have chosen to participate in the lawsuit, (b)the underpayment amounts, and (c)the fees and expenses that should be paid to Class Counsel, you will be notified about how and when you will receive your payment. At this time, the parties do not know how long that will take, or whether there will be any appeal from the Court's decisions that could impact the entitlement,timing, or amount of any payments. 7 GETTING MORE INFORMATION 20. Is more information available from the Court? The pleadings and other records in the Lawsuit may be examined during regular business hours at the Office of the €theUnited States Court of Federal a CourVs addres"� United States Court of Federal Claims 717 Madison Place,N.W. Washington,D.C.20005 THE COURT HAS INSTRUCTED THAT YOU SHOULD NOT CONTACT THE CLERK'S OFFICE BY TELEPHONE,E-MAIL,OR MAIL FOR INFORMATION ABOUT THIS CASE. Please do not contact the United States Court of Federal Claims with questions or requests for information. 21.Who can I contact if I have a question or need additional information? Both a copy of the Court's decisions on Kane County's Motions for Summary Judgment,and its Order certifying the Class are also available at www.Smithcurrie.com/PILTPgymentslnfo. Any questions you have can be submitted at www.Srrlithcurrie.com/PUTPg)mentslnfo and Class Counsel will 16 respond.The answers to Frequently Asked Questions,and to submitted questions of general interest,will also be posted there. 8 Class Action Opt-In Notice Form UNITED STATES COURT OF FEDERAL CLAIMS Kane County, Utah v. United States Case Nos. 17-739C and 17-1991C (Consolidated) 1. To participate in this lawsuit as a Class Member, please fill out this form completely and legibly. It must be submitted, postmarked, or delivered no later than September 14, 2018. See Paragraph 5 below for the addresses for (a) electronic submission via the internet; (b) first class mail; and (c) delivery by pre-paid delivery service. 2. Please fill in the name of the unit of local government [i.e., County, City, Town, Borough, Parish, etc.] opting into the Kane County, Utah v. United States Class Action lawsuit: Unit of local government State 3. Please fill in the following information for the unit of local government: Name of the person who will act as contact for the unit of local government regarding the Class Action lawsuit: His /Her: Title Mailing Address: Telephone number: E-mail address: 4. By signing your name in the space below (or filling in an electronic signature in the format /s/First name Last name if submitting via the internet) you are declaring under penalty of perjury under the laws of the United States that: Page 1 of 2 (a) The unit of local government named above wishes to opt into the Class Action lawsuit: Kane County, Utah v. United States, Case Nos. 17-739C and 17-1991-C (Consolidated). (b) You are authorized by the unit of local government named above to sign this document on its behalf. Sign Your Name: Date: Print/Type Your Name: Your Position or title with the unit of local government: Your e-mail address: Your phone number: 5. Submit this completed form to: On Line: by clicking"Submit" at http://www.PILTpayments.com • A copy of this Class Action Opt-In Notice Form may also be downloaded at this website. By First Class Mail: PILT Payments Class Action P. O. Box 65876 Washington, D.C. 20035-5876 Pre-paid Delivery Service: PILT Payments Class Action 1025 Connecticut Avenue, N.W., Suite 600 Washington, D.C. 20036 Page 2 of 2 Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda _X Public Hearing Other DEPARTMENT: Commissioner EXT: 806 COMMISSION MEETING DATE: 09/04/2018 Agenda Item # (� Commissioner staff to com lete BRIEFING DATE: 07/02/2018 BRIEFING PRESENTED BY: Ross McDowell [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: MOU between North Mason School District and Mason County Parks &Trails Department for water service at Sandhill Sports Complex BACKGROUND: It was discovered that back in July of 2007 the Parks &Trails Department Manger drafted a letter of understanding between North Mason School District and Mason County Parks &Trails Department to connect water service from Sandhill Elementary School to Sandhill Sports Complex. North Mason School District was graciously allowed the connection and water service was connected and furnished since then. Upon further investigation at both the County and North Mason School District the signed July 24, 2007 letter of understanding has not been found. I presented to North Mason School District a new memorandum of Understanding (MOU) to solidify the water service agreement with conditions both the County and North Mason School District agree upon. BUDGET IMPACTS: Since the connection to the water system is already in place, and the annual inspection of the water system being used by Mason County will be done by the Parks &Trails staff there would be no budget impact. RECOMMENDED ACTION: North Mason School Board approved the MOU and directed School District Superintendent Dana Rosenbach to sign the MOU. The MOU is now ready for the Mason County Board of County Commissioners Chair for signature. ATTACHMENT(S): MOU between North Mason School District and Mason County Parks &Trails Department for water service at Sandhill Sports Complex. H:\Facilities&Parks\Parks\Sandhill Project\Sandhill Water-Septic\Commission Agenda Item Summary MOU.doc MEMORANDUM OF UNDERSTANDING BETWEEN MASON COUNTY PARKS & TRAILS DEPARTMENT AND NORTH MASON SCHOOL DISTRICT Entered into this 17th day of July 2018 A. PURPOSE North Mason School District has graciously allowed Mason County Parks & Trails Department to connect to the water system at Sandhill Elementary School for water service for the Sandhill Sports Complex restrooms and concession building. This Memorandum of Understanding (MOU) is intended to show the continued cooperation and support between North Mason School District and Mason County Parks &Trails Department for the Sandhill Sports Complex. B.MUTUAL AGREEMENT 1. COORDINATION All parties agree that North Mason School District and Mason County Parks and Trails Department agree to the following conditions: • The North Mason School District will allow Mason County Parks &Trails Department to remain connected to the Sandhill Elementary School Water System to provide water for the restrooms and concession building. • Mason County Parks &Trails Department has paid for the cost to connect the Sandhill Sports Complex Water System. • Mason County Parks &Trails Department will be responsible for the ongoing maintenance of the portion of the water system connecting to Sandhill Sports Complex. • Mason County Parks &Trails Department will pay for the cost of annual inspection of the portion of the water system being used by Mason County Parks &Trails Department for the Sandhill Sports Complex restroom—concession building. • North Mason School District will be allowed to use Sandhill Sports Complex for special events and physical education classes at no charge. All use must first be approved by Mason County Parks &Trails Department administration office to avoid scheduling conflicts. C.AGREEMENT MODIFICATION PROCESS Modifications to this agreement may be presented at anytime and shall be mutually agreed upon in writing after joint discussions involving both parties. This Agreement shall become effective when executed by both parties and shall remain in effect for a period of five (5) years, and shall automatically be renewed for successive five (5) year periods unless terminated by either party upon sixty(60)days prior written notice. D. PRINCIPAL CONTACTS The principal contacts for this agreement are: North Mason School District Primary Mason County Parks&Trails Manager Name: Name: G. Ross McDowell Phone: (360) Phone: (360)427-9670 ext. 806 Fax: (360) Fax: (360)427-7756 Email: Email: rmcdowell@co.mason.wa.us North Mason School District Secondary Mason County Support Services Director Name: Name: Frank Pinter Phone: (360) Phone: (360)427-9670 ext.530 Fax: (360) Fax: (360)427-8437 Email: Email: fpinter@co.mason.wa.us E. AUTHORIZED REPRESENTATIVES By signature below, the parties certify that the individuals listed in this agreement as representatives of the parties are authorized to act in their respective areas for matters related to this agreement. THE PARTIES HERETO have executed this agreement. Signature Date Mason County Board of County Commissioners Chairperson Signature Date North Mason School District Superintendent MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Michael MacSems Action Agenda _X_ Public Hearing Other DEPARTMENT: DCD EXT: 571 DATE: 9/4/18 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 8/20/18 BRIEFING PRESENTED BY: Michael MacSems [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Appoint Christina Lee Williams to fill a vacant seat on the Mason County Historic Preservation Commission. This term will expire in November 2020. EXECUTIVE SUMMARY: (If applicable), please include available options and potential solutions): The Mason County Historic Preservation Commission is a seven (7) member commission which serves to identify and actively encourage the conservation of Mason County's historic resources. Currently the MCHPC has a vacant seat. Ms. Williams attended the MCHPC's July 12th and August 9th meetings. At the August meeting the meeting the MCHPC members voted to forward Ms. William's application to the BOCC for consideration and approval. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Appoint Christina Lee Williams to the Mason County Historic Preservation Commission to fill the balance of a term ending in November 2020. ATTAC H M E NTS: Application from Christina Lee Williams. 2018 HPC membership list. Action Item Summary Form Appointment.doc CcCMMRS Neatherlin, Shutty, Drexler i Clerk HE �aecT' cOa`y MASON CO U1 2 Y C01VW-2 IAT W ' jup 411 NOPTHFIT-71 f STP—RET SHELTON WA 98584 Mason CQU1t)Pax 360-427-8437;Voice 360-427-9670,Ext:493;275-4467 or 482-5268 -__- Commissioners toss I AM SEEKING APPOINTMENT TO Mason County Historic Preservation Commission NAME Christina Lee Williams ADDRESS:2301 E Anthony Rd PHONE:360-265-7080 CITY/ZIP: VOTING PRECINCT: WORK PHONE: Grapeview (OR AREA IN THE COUNTY YOU uV�P116 E-MAIL:Chrissyleewilliams@gmail.com COMMUNI TY SERVICE EMPLOYMENT:(IF RETIRED.PREVIOUS EXPERIENCE) Polson Museum,HoqulamMWaSHIPsi COMPANY: Brookside Vet Clinic,Gig Harbor Wa 2 1RS Backcountry Horsemen of Washington POSITION: Veterinarian assistant Washington Trails Association COMPANY: Winslow Animal Clinic, Bainbridge Wa 5 YRS Coastal Raptors,Ocean Shores Wa POSITION: Receptionist/Vet assistant -------------------------------------------------------------------------------------------- In your words,what do you perceive is the role or purpose of the Board,Committee or Council for which you are applying: To help preserve historic properties,educate public about historic properties,enforce preservation laws What interests,.skills do you wish to offer the Board,Committee,or Council? While my skills are general administation(typing phones,note taking,etc), I have a strong interest in seeing historic properties preserved. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e.create a potential conflict of interest) No conflict of interest Your participation is dependent upon attending certain trainingsmade available by the County during regular business hours (such as Open Public Meetings Act and.Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes Realistically,how much time can you give to this position? Quarterly, Monthly x Weekly Daily Office Use Only, Appointment Date Sig ature Date Tena Expire Date 2018 Mason County Historic Preservation Commission Membership List Stephanie Neil Professional Expertise Nov 2018 91 E Morris Creek Dr. Belfair,WA 98528 stephvanb@hotmail.com Works for Squaxin Cultural Resources,formerly with USFS Steve Rose Vice Chair Nov 2019 P.O.Box 1215 Allyn,WA 98524 STEVE—E—ROSE@hotmail.com Vacant Seat Nov 2020 Patricia Jerrells Nov 2019 320 SE Nighthawk PI Shelton,WA 98584 Trisha7of9@,hotnail.com Edgar Huber Professional Expertise Nov 2020 111 SE Emerald Drive Shelton,WA 98584 ehuber@sricrm.com Principle Investigator/Project Manager at SRI Lorilyn F.Rogers Nov 2019 W 229 Wyandottte Shelton,WA 98584 lukesgang@comcast.net Rick Calvin Chair Nov 2018 2461 E Grapeview Loop Rd Grapeview,WA 98546 calvinsteely@aol.com Rhonda Foster Ex-Officio Member THPO Squaxin Tribe SE 70 Squaxin Ln Shelton,WA 98584 rfoster@sgaxin.us Kris Miller Ex-Officio Member THPO Skokomish Tribe N 541 Tribal Center Shelton,WA 98584, Shlanayl@skokomish.org MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Michael MacSems Action Agenda _X_ Public Hearing Other DEPARTMENT: DCD EXT: 571 DATE: 9/4/18 Agenda Item # g g Commissioner staff to com tete BRIEFING DATE: 8/20/18 BRIEFING PRESENTED BY: Michael MacSems [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of two Summer 2018 Heritage Grant applications totaling $5,150 on the September 4th BOCC Action Agenda. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) At their August 2018 monthly meeting the MCHPC voted to forward the following Heritage Grants to the BOCC for approval: Mason County Genealogical Society: $400 request for website development hours, which will be available for public viewing on line. McReavy House of Hood Canal: $4,750 request for emergency repair and stabilization of the McReavy House roof. BUDGET IMPACTS: The Historic Preservation Commission budgeted $15,000 for fiscal year 2018, If approved by the BOCC, this grant cycle will cost the Historic Preservation fund $5,150. RECOMMENDED OR REQUESTED ACTION: Approval of two Summer 2018 Mason County Heritage Grants, as discussed above, for a total amount of $5,150. ATTACHMENTS: Grant Contracts with Scope of Work (Exhibit "A"). Action Item Summary Form Heritage Grants.doc HERITAGE GRANT CONTRACT This Heritage Grant Contract(this"Contract')is entered into as of September 4,2018 by and between Mason County(the"County"),and the Mason County genealogical Society(the"Grantee"). McReavy House of Hood Canal Mason County c/o Jayni Kamin c/o Mason County Historic Preservation Commission P.O.Box 388 615 W Alder Street Union,WA 98592 Shelton,WA 98584 (360)-239-6790 Attn:Michael MacSems (3 60)427-9670 ext.571 RECITALS 1.The Grantee has applied for a grant up to the amount of$4,750 to cover the cost of emergency roof repairs in order to stabilize and preserve the historic McReavy House. 2.The County is granting up to the$4,750 requested for this project on a reimbursement basis,based on receipts.All persons performing the work associated with this grant shall act as an independent contractor(s),and not as an employee(s),on the terms and conditions set forth herein.The money for this grant comes from fees collected by the Mason County Auditor as authorized by RCW 36.22.170,which established a dedicated fund for support local historic preservation. AGREEMENT In consideration of the foregoing and of the mutual promises set forth herein,and intending to be legally bound,the parties herein agree as follows: 1.Engagement (a)The County hereby agrees to reimburse the Grantee up to the full amount of the grant based on an invoice and a final report of the completion of the restoration of the historic shed as described in the scope-of-work (Exhibit "A"),which shall be performed by independent contractor(s). (b) The Grantee hereby accepts the engagement to have said work performed, to present an invoice and a final report for reimbursement and agrees to an inspection of the final product prior to receiving payment under the terms and conditions set forth herein. 2.Term. (a) This Contract will commence on the date written above, and unless modified by the mutual written agreement of the parties,shall continue until six months from that date. September 4,2018 to March 4,2019 The Grantee may request a one-time six-month extension.Extension request must be in writing and be submitted to the Mason County Historic Preservation Commission for approval no later then 5:00 pm. four months from the date of the award(January 4,2019). HG 15B _l 3.Grantee's Obligations (a) The Grantee shall provide a scope-of-work, consistent with the grant application,which shall be attached to this contract as Exhibit A. (b) Upon completion of the project the Grantee shall provide the County with an invoice for reimbursement for the work approved by this grant award. At a minimum the invoice shall include the organization's name, remittance address, date, details of expenses (paid receipts), invoice total and program or grant being billed. Grantees will allow at least 60-days for reimbursement after the invoice has been received by the County. (c)Upon completion of the granted project,a final report shall be submitted by the Grantee to the Mason County Historic Preservation Commission.The final report shall summarize the project, its completion and outcome. The final report shall be submitted to the Mason County Historic Preservation Commission, 615 West Alder St, Shelton, WA 98584 within 10 calendar days of the authorized grant completion date. Chair,Mason County Board of County Commissioners Date Chair,Mason County Historic Preservation Commission Date Authorized Representative of the Grantee Date HG 15B EXV1i bt '\i /A !/ The McReavy House board of directors has approved this scope of work for our 2018 Heritage Grant application: The entire roof of the main portion of the house will be completely re-tarred and torched with special attention given to those areas where the gutter system and leaks have weakened the existing cardecking. Where necessary, the cardecking will be replaced by similar material and the gutters will be replaced with a regular drain and downspout.The entire project will be completed by local roofer, Brett Allen for$4750. Thank you, Jayni Kamin, President, McReavy House of Hood Canal 1-1 U I S B HERITAGE GRANT CONTRACT This Heritage Grant Contract(this"Contract")is entered into as of September 4,2018 by and between Mason County(the"County"),and the Mason County Genealogical Society(the"Grantee"). Mason County Genealogical Society Mason County c/o Sue Sheldon c/o Mason County Historic Preservation Commission P.O.Box 103 615'W Alder Street Shelton,WA 98584 Shelton,WA 98584 (360)427-3119 Attn:Michael MacSems (360)427-9670 ext.571 RECITALS 1.The Grantee has applied for a grant up to the amount of$400 to cover the cost of 16 hours of website development to index information regarding headstone location, obituaries and funeral cards of persons buried at the Shelton memorial Park Cemetery for public viewing. 2.The County is granting up to the$400 requested for this project on a reimbursement basis,based on receipts.All persons performing the work associated with this grant shall act as an independent contractor(s),and not as an employee(s),on the terms and conditions set forth herein.The money for this grant comes from fees collected by the Mason County Auditor as authorized by RCW 36.22.170,which established a dedicated fund for support local historic preservation. AGREEMENT In consideration of the foregoing and of the mutual promises set forth herein,and intending to be legally bound,the parties herein agree as follows: 1.Engagement (a)The County hereby agrees to reimburse the Grantee up to the full amount of the grant based on an invoice and a final report of the completion of the restoration of the historic shed as described in the scope-of-work (Exhibit "A"),which shall be performed by independent contractor(s). (b) The Grantee hereby accepts the engagement to have said work performed, to present an invoice and a final report for reimbursement and- agrees to an inspection of the final product prior to receiving payment under the terms and conditions set forth herein. 2.Term. (a) This Contract will commence on the date written above, and unless modified by the mutual written agreement of the parties,shall continue until six months from that date. September 4,2018 to March 4,2019 The Grantee may request a one-time six-month extension.Extension request must be in writing and be submitted to the Mason County Historic Preservation Commission for approval no later then 5:00 p.m. four months from the date of the award(January 4,2019). HG 15A 3.Grantee's Obli ag tions (a) The Grantee shall provide a scope-of-work, consistent with the grant application,which shall be attached to this contract as Exhibit A. (b) Upon completion of the project the Grantee shall provide the County with an invoice for reimbursement for the work approved by this grant award. At a minimum the invoice shall include the organization's name, remittance address, date, details of expenses (paid receipts), invoice total and program or grant being billed. Grantees will allow at least 60-days for reimbursement,after the invoice has been received by the County. (c)Upon completion of the granted project,a final report shall be submitted by the Grantee to the Mason County Historic Preservation Commission.The final report shall summarize the project, its completion and outcome. The final report shall be submitted to the Mason County Historic Preservation Commission, 615 West Alder St, Shelton, WA 98584 within 10 calendar days of the authorized grant completion date. Chair,Mason County Board of County Commissioners Date Chair,Mason County Historic Preservation Commission Date Authorized Representative of the Grantee Date HG 15A �xwb�t 'SA N Mason County Genealogical Society Project Description for Mason County Heritage Grant Application Summer 2018 Grant Cycle PROJECT DESCRIPTION The Mason County Genealogical Society's grant application for this cycle of the Mason County Historic Preservation Commission's Heritage Grant Program will support the Society's work of public education on genealogy, which consists of much personal and social history of Mason . County. This project will also preserve and make available to the public its extensive collection of historical genealogy publications. Our grant request is$400. The Society will use these funds, and our own, to accomplish these objectives: • Contracting to have a basic, easy to use and robust website built; • Obtaining a domain name and website hosting for three years on Dotster; and • Purchasing WordPress Essentials, a website development program. When in place,the website will have links to: • More than 12,000 digital headstone photos of burial sites in the Shelton Memorial Park currently in our collection, but not now available to the public.These photos, in turn, will be linked to a database of names and dates for those interred. • About 7,500 digitized obituaries from the Mason County Journal, dating from around 1920 to 2017. • An index we compiled of more than 2,300 funeral home cards from 1887 to 1931. • Copies of our monthly newsletter,the Mason Log, will be accessible from the website as well. PROJECT BUDGET ITEM GRANT MCGS TOTALS 16 hours of website development @ $25/hour 1 $400.00 1 $400.00 --...._........_._...-_........_..---....-----............_..-- -- ---- .._....._...------ �_.._.._._....___.... --� ... --_._..-__.—_...--.... _..... Domain name and three years of hosting $44.97 $44.97 ---....---...- - --- -------._._.,....--------- ---, --- WordPress Essentials software $36.00 $36.00 ------ --- ---...__..._._..-----.._.. _ -.._.._ ............ Total budget $480.97 Currently, the Mason County Genealogical Society is a well-kept secret within our community and beyond. A new and attractive website, with the links described above, as a start, will go a long way to giving access to historical data and information of importance to the families and friends of so many of our predecessors in Mason County. U SA MASON COUNTY ITEM SUMMARY FORM AC4;DV--) TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Chief Criminal Deputy Ryan Spurling DEPARTMENT: Mason County Sheriff's Office EXT: 312 BRIEFING DATE: June 4, 2018 PREVIOUS BRIEFING DATES: March 26, 2018 &follow up discussions during May 14 SO briefing ITEM: Follow up brief on the status and changes to the Memorandum of Understanding (MOU) between North Mason School District (NMSD) and the Mason County Sheriff's Office (MCSO) for a School Resource Deputy (July 2018-December 2018) The MOU was adjusted to accommodate our budget calendar year. EXECUTIVE SUMMARY: Sheriff Salisbury, through a selection process involving some of the School Superintendents of Mason County, assigned Deputy Colbenson as a School Resource Deputy (SRO) for Mason County Schools this last August. He has been responsible for 14 schools across the county and has been well received by school staff, students and parents alike. NMSD has seen the need and value of investing into a dedicated fulltime Deputy for their school district. Through our long standing partnership with NMSD and Superintendent Rosenbach, we are excited to move forward with a signed MOU for a full time School Resource Deputy at NMSD for the period of July 2018-December 2018. This agreement was by the Prosecutor's Office (Tim Whitehead) and he saw no concerns. NMSD agrees to provide salary compensation to the Sheriff's Office in the amount of up to $40,000.00 for a SRO from July 2018-december 2018. BUDGET IMPACTS: it is my understanding that a supplemental has already been approved for 40K unanticipated revenue after the adoption of the 2018 budget. RECOMMENDED OR REQUESTED ACTION: Ratify the new MOU with the changes. ATTACHMENTS: New MOU with adjustments Briefing Summary 8/28/2018 l ' 1 i i MEMORANDUM OF UNDERSTANDING BETWEEN i NORTH MASON SCHOOL DISTRICT#403 (hereinafter referred to as the District) 71 E.Campus Drive, Belfair,WA 98528 AND MASON COUNTY SHERIFF'S OFFICE (hereinafter referred to as the Sheriff's Office) PO Box 1037,Shelton,WA For THE SCHOOL RESOURCE OFFICER(SRO) PROGRAM In consideration of the promises and conditions contained herein, the District and the Sheriff's Office do mutually agree as follows: This agreement made and entered into this Z 9 day of , 2018 by and between the Mason County Sheriffs Office and the North Mason School District. 61 1 It is the intention of the Mason County Sheriff's Office and the North Mason School District to maintain collaborative efforts to provide a safe and healthy school environment for students, staff,faculty, and visitors. Goals and Objectives(In direct support of the District and the Sheriff's Office's Mission Vision and Values) ➢ Maintain a safe and secure environment on school campuses which will be conducive to learning Establish a positive working relationship in a cooperative effort to prevent juvenile delinquency and assist in student.development Promote positive attitudes regarding the police role in society Assignment of School Resource Officer The Mason County Sheriffs Office agrees to provide a School Resource Deputy to the following schools within the North Mason School District: High School ➢ Alternative School Middle School ➢ Elementary Schools The Mason County Sheriff's Office, in conjunction with the superintendent of the North Mason School District(and any other school personnel determined by the superintendent) will determine which Mason County Sheriff Deputy will assume the role of the school resource deputy(referred to as SRO). It is the responsibility of the school resource deputy to notify the superintendent and the school principals of his or her work schedule each month. t School resource deputy shall remain an employee of the Mason County Sheriff's Office and shall not be an employee of the North Mason School District.The District will provide salary compensation to the Sheriff's Office In the amount of up to$80,000.00 per calendar year. Due to the July start of this agreement in 2018 the first year will only reach the amount of$40,000.00 (July-December 2018).The terms of the contract will be negotiated each January for that calendar year. All other expenses will be borne by the Mason County Sheriffs Office. The Sheriffs Office will be responsible for compensating the SRO in accordance with the current Collective Bargaining Agreements. The North Mason School District acknowledges that the SRO will remain responsive to the supervision of the Mason County Sheriff's Office but his/her primary duty will be to work at the schools from September through June. Page 1 of 4 Hours and Special Events The chief or another designated scheduling supervisor will assign the school resource deputy workdays and shifts. During this shift/hours,the school resource deputy may be off campus to conduct such tasks as may be required by their assignment,or other assignments designated by supervisors of the Mason County Sheriff's Office. In the event the SRO is unavailable for more than five days, another deputy will be assigned until the Sheriffs Office and the School District have the opportunity to come to a mutually agreed upon replacement. Duties of the School Resource Officer Assist the school board, superintendent, principals, faculty, and staff in developing plans and strategies to prevent and/or minimize dangerous situations that may occur on school grounds Present topics to students on various law enforcement/safety issues ➢ Contact the principal of the school about any juvenile delinquency,incidents,charges,and arrests within a timely manner ➢ Take law enforcement action when necessary ➢ Conduct investigations of crimes that occur at any school and use other resources if needed for follow up investigations ➢ Follow RCW 28A as It pertains to enforcement, case law, school board policy, and the Mason County Sheriff's Office policy and procedures in regards to investigations, interviews and searches relating to juveniles ➢ Assist the superintendent, principals,faculty, and staff in enforcing criminal and civil laws in order to maintain a safe learning environment Rights and Duties of the School Board The school board shall provide to the full time SRO the following materials and facilities, which are deemed necessary to the performance of the SRO. ➢ Access to an air-conditioned and properly lighted private office containing a telephone line to be used for general business purposes. ➢ A desk with drawers,a chair and filing drawers ➢ Access to a computer terminal or computer hookup Mason County Sheriffs Office will supply the SRO with the usual and customary office supplies and forms required in performance of their duty. Mason County Sherriff's Office will supply a vehicle and related expenses. Dismissal of a School Resource Officer In the event a principal of a school to which the school resource deputy is assigned feels that he/she is not effectively performing his or her duties and responsibilities, the principal shall contact the superintendent. Within a reasonable amount of time after the superintendent receives the information, the superintendent shall notify the Sheriffs office. A meeting shall be conducted with the school resource deputy to mediate or resolve any problem.The Sheriffs office may reassign a school resource deputy based upon the Mason County Sheriffs Office's and North Mason School District's policy, procedures, core values or code of ethics. Mason County Sheriffs Office and the North Mason School District agree to provide their employees with training relative to this agreement and its purpose. The parties also agree to maintain regular (quarterly) and open communication to evaluate the effectiveness of this agreement and suggest improvements and adjustments that may be necessary. This agreement constitutes a final written expression of all terms of this agreement and is a complete and exclusive statement of those terms. IN WITNESS WHEREOF,the parties have caused this agreement to be signed by their duly authorized officers. Signed, sealed,and delivered in the presence of: Page 2 of 4 j XI. EFFECTIVE DATE -DURATION This Agreement shall commence on July 1, 2018 and terminate on December 31, 2018 with the sole exception of Section V(Indemnification)which shall continue to bind the parties, their heirs and successors. IN WITNESS THEREOF, the District and the Consultant have executed this Agreement consisting of four pages. CONSULTANT NORTH MASON SCHOOL DISTRICT NO.403 Consultant Signature Authorized by Signed this day of 12018. (Business License#) Who certifies that he/she is the person duly qualified and � authorized to bind the Consultant so identified to the j foregoing Agreement and under penalty of perjury, certifies the Social Security Number or Federal Identification Number provided is correct. t Signed this day of , 2018. DISTRICT USE ONLY APPROVED FOR PAYMENT: Authorized signature Date Account Code Vendor# PURCHASE ORDER NUMBER j Page 4 of 4 $ : THE NORTH MASON SCHOOL BOARD Superintendent North Mason School District Board Of County Commissioners Sheriff Ma County Sh riff' Office t Mason County Prosecutor V, INDEMNIFICATION Any and all claims which hereafter arise on the part of any and all persons as a direct or indirect result of the Consultant's or its employee's (') or agent's (') performance or failure to perform duties pursuant to this agreement, shall be the Consultant's sole obligation and the Consultant shall indemnify and hold harmless the Superintendent in full for any and all such acts or failures to act on the part of the Consultant or its employee(s)or agent(s). VI. TERMINATION This agreement may be terminated by the District or any designee thereof, at any time, with or without reason, upon written notification thereof to the Sherriff's Office.The notice shall specify the date of termination and shall be conclusively deemed to have been delivered to and received by the Sherriff's Office as of midnight of the second day following the date of its posting in the United States mail--addressed as first noted herein in the absence of proof of actual delivery to and receipt by the Sherriff's Office by mail or other means at an earlier date and/or time. In the event of termination by the District, the Sherriff's Office shall be entitled to an equitable proration of the total compensation provided for herein for uncompensated services which have been performed as of termination and to the reimbursement of expenses incurred as of termination by solely to the extent such expenses are reimbursable pursuant to the provisions of this Agreement. VII. VERBAL AGREEMENT This written Agreement constitutes the mutual agreement of the Sherriff's Office and the District in whole. No alteration or variation of the terms of this Agreement and no oral understandings or agreements not incorporated herein, unless made in writing between the parties hereto, shall be binding. Vill, APPLICABLE LAW This Agreement shall be governed by the laws of the State of Washington. IX. NON-DISCRIMINATION No person shall, on the ground of race, creed, color, national origin, or sex, be excluded from participation in, be denied the benefits or, or be otherwise subjected to discrimination under any activity performed pursuant to this Agreement. The North Mason School District complies with all state and federal rules and regulations and does not discriminate on the basis of race, color, national origin, sex or handicap. This holds true for all district*employment and opportunities. Inquiries regarding compliance and/or grievance procedures may be directed to the school district's Title IX/RCW28A.640 Officer, Mark Swofford, 200 E Campus Drive, Belfair, WA 98528 (360)275-2165, or Section 504/ADA Coordinator Thom Worlund. Page 3 of 4 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: September 4, 2018 Agenda Item # g. I c-) Commissioner staff to complete) BRIEFING DATE: August 13, 2018 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to amend Resolution 54-18 stating interest and penalties for late payments for Lake Management Districts will be treated in the same manner as delinquent real property taxes. Background: The rates and charges for a lake management district (LMD) are billed and collected on the regular property tax statements. In the final adoption of the tax roll for Mason Lake Lake Management District (LMD), a resolution was adopted prescribing interest and penalties for late payments. This resolution stated the penalties and interest on delinquent rates and charges shall be credited to the LMD fund upon collection. Lisa Frazier, Treasurer stated this is incorrect, all interest and penalties are treated in the same manner as delinquent real property taxes and would be credited to Current Expense. RECOMMENDED ACTION: Approval to amend Resolution 54-18 stating interest and penalties for late payments for Lake Management Districts will be treated in the same manner as delinquent real property taxes. Attachment(s): Resolution RESOLUTION NO. A Resolution Amending Resolution No. 54-18 A RESOLUTION prescribing interest and penalties for late payments of rates and charges set under RCW 36.61.270 for Lake Management Districts created pursuant to Chapter 36.61 RCW. WHEREAS, The citizens surrounding Mason Lake have petitioned and voted to form a lake management district as proscribed by state of Washington code, and WHEREAS, RCW 36.61.270 stipulates that the county legislative authority has full authority to fix rates and charges imposed by a lake management district; and WHEREAS, RCW 36.61.270 further stipulates that the method of foreclosing on liens for delinquent rates and charges shall be subject to the provisions of Chapter 36.94 RCW; and WHEREAS, RCW 36.94.150 stipulates that liens for rates and charges shall be foreclosed in the same manner as foreclosure of real property tax liens; WHEREAS, penalties and interest on delinquent rates and charges are treated in the same manner as delinquent real property taxes and are not credited to the individual district. NOW THEREFORE BE IT HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS for Mason County as follows: 1. Delinquent rates and charges for Lake Management districts shall be treated in the same manner as delinquent real property taxes. This includes but is not limited to interest, penalties, additional costs for collection and foreclosure proceedings. 2. A" penalties and interest an delinquent Fates and ehaFges shall be eFedited to t ADOPTED this 4th day of September, 2018. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Melissa Drewry, Clerk of the Board Randy Neatherlin, Chairperson APPROVED AS TO FORM: Terri Drexler, Commissioner Ti n Whitehead Chief Deputy Prosecuting Attorney Kevin Shutty, Commissioner c: LMD#2 File;Treasurer J:\Lake Management District\Mason Lake LMD 2017-2018 Process\Resolution for interest and penalties.doc MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: September 4, 2018 Agenda Item # g Commissioner staff to complete) BRIEFING DATE: 8/27/18 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to set a public hearing on Tuesday, September 25, 2018 at 6:30 p.m. to consider proposed amendments to the Motorboat Regulations, Mason County Code Chapter 9.04. Proposed amendments include, but may not be limited to, changing language regarding buoy placement from shoreline to mark the minimum water skiing distance on fresh water. Background: The Commissioners wish to hold a public hearing to consider changing the Motorboat Regulations to allow property owners latitude on the placement of buoys. Other changes may also be considered. Budget Impacts: $150 notice for public hearing notice. RECOMMENDED ACTION: Approval to set a public hearing on Tuesday, September 25, 2018 at 6:30 p.m. to consider proposed amendments to the Motorboat Regulations, Mason County Code Chapter 9.04. Proposed amendments include, but may not be limited to, changing language regarding buoy placement from shoreline to mark the minimum water skiing distance on fresh water. Attachment(s): None NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, September 25, 2018 at 6:30 p.m. SAID HEARING will be to take public comment on proposed amendments to the Motorboat Regulations, Mason County Code Chapter 9.04. Proposed amendments include, but may not be limited to, changing language regarding buoy placement from shoreline to mark the minimum water skiing distance on fresh water. If there are questions about the proposed amendments, please contact Commissioners' office at 360-427-9670 ext. 419. If special accommodations are needed, contact the Commissioners' office, 360-427-9670, Ext. 419. DATED this 4th day of September, 2018. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melissa Drewry, Clerk of the Board c: Journal-Publ 2t: 9/13&9/20 (Bill: Commissioners,411 North 5'h Street, Shelton,WA 98584) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: September 4, 2018 Agenda Item # g f� Commissioner staff to complete) BRIEFING DATE: August 27, 2018 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Set a Public Hearing on September 25, 2018 at 6:30 p.m. to consider approval of supplemental appropriation and budget transfer requests to the 2018 budget. Background: Requests for supplemental appropriations and budget transfers. Budget Impacts: $392,100 Decrease in ending fund balance - Current Expense Fund 001.320 $30,000 Decrease in ending fund balance—Treasurer's M&O Fund 180 $547,500 Decrease in ending fund balance— Solid Waste Fund 402 Recommended Action: Request to set a public hearing for June 26th at 6:30 p.m. in order to consider the approval of the following Supplemental Appropriations and Budget Transfers to the 2018 Budget: Supplemental Appropriations: $17,896 Increase to Auditor's Elections Fund 001.030 - Secretary of State grant and $17,896 Increase to Auditor's Elections Fund 001.030 - Postage expense line Due to increased postage expense offset by SOS grant $127,500 Increase to Solid Waste Fund 402 - Department of Ecology grant and $127,500 Increase to Solid Waste Fund 402 - Ending Fund Balance Due to DOE grant award to pay for already budgeted household hazardous waste & recycling expenses $6,201 Increase to Juvenile Services Fund 001.171 — Office of the Governor grant and $6,201 Increase to Juvenile Services Fund 001.171 — Salary & benefit lines Due to an increase in the Becca grant $34,400 Increase to Community Services Health Fund 150 — Drinking water permits &fees and $34,400 Increase to Community Services Health Fund 150 — Salaries & benefits Due to an increase in revenue received from drinking water permits and fees $20,000 Increase to Community Services Health Fund 150 — Department of Health grant and $20,000 Increase to Community Services Health Fund 150 —Various expense lines Due to an increase in opioid funding grant from DOH J:\Budget Office\Jennifer\Briefing, Agenda, & Public Hearing Items\Budget Hearings\2018\9.25.18 Budget Hearing Info\Budget Action Agenda for 2018 Hearing 9.25.18.doc Budget Transfers: $150,000 from Current Expense Fund 001.320 - Ending Fund Balance to $150,000 Office of Public Defense Fund 001.240 - Various professional service lines Due to higher than anticipated expense levels during the 2018 budget process $9,600 from Current Expense Fund 001.320 - Ending Fund Balance to $9,600 Non Departmental Fund 001.300 — Litter crew tipping fees Due to increased tipping fees in 2018 $100,000 from Current Expense Fund 001.320 - Ending Fund Balance to $100,000 Non Departmental Fund 001.300 - Accrued Leave Due to increased accrued leave payouts in 2018 $115,500 from Current Expense Fund 001.320 - Ending Fund Balance to $115,500 Non Departmental Fund 001.300— Risk Management Insurance Due to a 21% unanticipated increase in 2018 insurance premiums $675,000 from Solid Waste Fund 402 Ending Fund Balance to $425,000 Solid Waste Fund 402 - Facility Improvements $250,000 Solid Waste Fund 402 - Capital Equipment To pay for transfer station improvements and replacement loader $2,500 from Current Expense Ending Fund Balance — Fund 001.320 to $2,500 Auditor's Elections Fund 001.030 —Small Tools and Minor Equipment To replace broken printer $30,000 from Treasurer's M&O Fund 180 — Ending Fund Balance to $30,000 Treasurer's M&O Fund 180— Professional Services Due to increased title report costs $14,500 from Current Expense Fund 001.320— Ending Fund Balance to $3,611 Emergency Management Fund 001.050 — ER&R Vehicles $10,889 Emergency Management Fund 001.050— Professional Services Correction to the May ist budget supplemental: $14,500 DEM revenue was applied to EFB, &should have been applied to DEM expenses J:\Budget OfficeVennifer\Briefing,Agenda,& Public Hearing Items\Budget Hearings\2018\9.25.18 Budget Hearing Info\Budget Action Agenda for 2018 Hearing 9.25.18.doc MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑ Public Hearing 0 Other ❑ Department: Community Services Ext: 286 Date: September 4, 2oi8 Agenda Item # (Commissioner Staff To Complete) Briefing Date: August 20, 203.8 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing September 4, 2018 at 9:3o a.m.to consider rezoning a parcel in the Belfair UGA from Low Density Residential (R-4)to Mixed Use(MU). BACKGROUND: The applicant came to the Permit Assistance Center about a year ago to apply for a building permit to expand the existing building. The existing automobile repair shop has been in operation at this location for 39 years. However, the zoning is R-4 making the repair shop legal non-conforming (the use pre-dates zoning). Legal non-conforming uses are not allowed to expand. The request is to rezone to MU, consistent with existing use and the adjacent property to the south,which is zoned MU (location of Valley Feed). The Planning Advisory Commission held a public hearing on July 3.6, 203.8 and after consideration of the staff report and public testimony,voted unanimously to recommend approval of the rezone to the Board of County Commissioners. RECOMMENDED ACTION: Board of County Commissioners shall approve the rezone of parcel number 3.2329-3.2- goo3.3.from Low Density Residential(R-4)to Mixed Use(MU). ATTACHMENT(S): Ordinance Staff Report with Attachments 8/14/2018 ORDINANCE NUMBER AMENDMENTTO MASON COUNTY BELFAIR UGA MAP GILMORE REZONE ORDINANCE Mason County Belfair Urban Growth Area (UGA) Map (rezone) under the authority of RCW 36.70A. WHEREAS, the Washington State Growth Management Act (RCW 36.70A.130) requires each county, including Mason County, to take legislative action to review and revise its comprehensive plan and development regulations to ensure that the plan and regulations continue to comply with the requirements of the Act; and WHEREAS, the County needs to address certain requests for comprehensive plan and zoning changes to meet the goals and requirements of Chapter 36.70A RCW (Growth Management Act); and WHEREAS, Robert & Melanie Gilmore, owners of real property in Mason County known as parcel 12329-12-90011, have requested a zoning change of their property from Low Density Residential (R-4)to Mixed Use (MU); and WHEREAS, on July 16, 2018, the Mason County Planning Advisory Commission held a public hearing to consider the amendment and passed a motion to recommend approval of said rezone; and WHEREAS, the Board of County Commissioners considered the requested rezone at a duly advertised public hearing on September 4, 2018; and WHEREAS, the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments, testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to the Belfair UGA Map complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendment to the Mason County Belfair UGA Map rezoning parcel 12329-12-90011 from Low Density Residential (R-4) to Mixed Use (MU). DATED 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 DPA Kevin Shutty, Commissioner z Page I August 14,2018 REQUEST FOR REZONE APPLICANT PROPOSAL - PROPOSED REZONE OF 0.44 ACRES FROM LOW DENSITY RESIDENTIAL (R-4) TO MIXED USE (MU) IN THE BELFAIR UGA STAFF CONTACT Kell McAboy, Planning Manager Ext#286 APPLICANT PROPERTY OWNER Robert& Melanie Gilmore Same egg Percheron Lane NW Bremerton,WA 98312 SUMMARY OF PROPOSAL Rezone parcel 12329-12-90011 from Low Density Residential (R-4)to Mixed Use (MU). This parcel is in the Belfair Urban Growth Area (UGA).This does not require an amendment to the Future Land Use Map. PARCEL INFORMATION Parcel No. 12329-12_oq 011: is 0.44 acres in size and is located west of and adjacent to NE Old Belfair Highway, north of and adjacent to a feed store, west of and across the street from North Mason Regional Fire Authority and south of and adjacent to a single-family residence. ZONING INFORMATION _ CURRENT ZONING DESIGNATION: R-4 Low Density Residential The purpose of the R-4 district is to provide a lower density housing option in the UGA. Locations are restricted to sites containing critical areas and slopes as development is expected to be clustered into the more suitable building areas. Locations should also be away from development nodes and commercially zoned areas but with the intensity of development still relatively low, beyond a normal walking distance of one-half to three-quarters of a mile. The district allows for a maximum density of four dwelling units per gross acre. Clustering of the dwelling units and properties is encouraged to protect open space and water quality, reduce infrastructure needs, and enhance energy efficiency. Multi-family dwelling units are conditionally permitted as long as they do not exceed the density requirement and minimize impacts to adjacent single-family dwelling units. PROPOSED ZONING DESIGNATION: MU Mixed Use The primary purpose of this district is to provide for a mix of uses along the SR-3 corridor, in sites around the FR district, and at the future crossroads of Romance Hill Road and the planned alternative north/south access road. Permitted uses include commercial, office, and residential uses. By allowing a broad array of uses, property owners have more choice in how the land can be Staff Report-BOCC Page 2 August 14, 2018 developed. Design standards allow developments to front on the street as long as they provide pedestrian-oriented facades—otherwise, developments must provide a landscaping buffer along the street front to enhance the character of the area. Design standards also encourage pedestrian and vehicular connectivity between properties. Building heights up three to five stories are permitted, with lower building heights west of SR-3. Otherwise, no specific density limits are provided (as they will be limited by parking requirements, natural site constraints, and market constraints). BACKGROUND The applicant came to the Permit Assistance Center about a year ago to apply for a building permit to expand the existing building. The existing automobile repair shop has been in operation at this location for 39 years. However,the zoning is R-4 making the repair shop legal non-conforming (the use pre-dates zoning). Legal non-conforming uses are not allowed to expand. The request is to rezone to MU, consistent with existing use and the adjacent property to the south, which is zoned MU (location of Valley Feed). ANALYSIS Mason County Code Section 17.oS.o8o(a) describes the eight rezone criteria used to review a rezone proposal. These criterions have been established and adopted specifically for Mason County to establish standards by which each rezone is to be reviewed. The Code requires that each rezone be evaluated considering these standards; however, it does not require that they all be met. Below is Staff's response to the proposed request: 1. Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. This criterion is met as the applicant's proposed rezone of the property will not damage public health, safety or welfare. The rezone allows the existing use of automobile repair shop to become a conforming use, rather than a legal non-conforming use under its current zoning. i. The zone designation shall be consistent with the Mason County Comprehensive Plan, Development Regulations, and other county ordinances, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. Staff believes this criterion has been met as it is consistent with the Comprehensive Plan and specifically consistent with the MU section of the Development Regulations. The mixed-use zone is much better suited than residential given the existing business has been in operation for,39 years at that location. 3. No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity. This criterion is met as staff believes the rezone of these parcels would not increase sprawl or low- density development or cause it to occur. There are no resource-based uses in the vicinity. Staff Report-BOCC Page 3 August 14,2018 c,. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas, including but not limited to streets, parking, utilities,fire protection, police, and schools. N/A This is in an Urban Growth Area. 5. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. This criterion is met as the proposed rezone of this parcel would not materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. The rezone would simply allow the existing use to be a conforming use rather than legal non-conforming. 6. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. This criterion is met as the proposed rezone would not materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. 7. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County Comprehensive Plan. This criterion is met as the proposed rezone would not create pressure to change surrounding land uses and will not affect population growth in the rural areas. 8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. Although it can be argued that this parcel should have been zoned MU or general commercial in the first place when zoning took effect, this criterion is not applicable and not being requested as the result of any mapping errors. STATE ENVIRONMENT PROTECTION ACT (SEPA) Staff Report-BOCC Page 4 August 14,2018 A SEPA checklist was prepared for this project. A formal SEPA Determinations of Non-Significance was made on June 29, 2018. Comment and appeal periods for these determinations closed on July 13, 2o18. No comments were received. PUBLIC NOTIFICATION All property owners within 300 feet of the subject parcel were notified by mail informing them of the proposal to rezone the property. Notice of Public Hearing for the Planning Advisory Commission meeting was posted in the Mason-Shelton Journal on July 5 & 12, 2o18. Public Notice of this public hearing was published in the Mason Shelton Journal on August 23 & 30, 2o18. The Public Notice/SEPA Determination was posted onsite on July 3, 2o18. PLANNING ADVISORY COMMISSION On July 16, 2o18, the Planning Advisory Commission held a public hearing on this proposal. After calling for testimony and deliberation, they made a unanimous recommendation that the Board of County Commissioners approve the request to rezone the parcel. The draft minutes are attached for the Board's review. SUMMARY AND RECOMMENDATION Staff recommends that the Mason County Board of Commissioners approve this rezone. ATTACHMENTS • Aerial map of property and vicinity • Current Zoning Map • Photo of Existing Business • Application with Description and Site Plan Staff Report-BOCC 123204390030 123204390090 123204490080 123204300060 �� �t z� 123204400100. 123204490090 123204400050 123204390050 123204390100 NE MCKNIGHT RD 123204460070 123204460060 123291290095 123291290094 190020 _. 123291190070 123291190060 123291290010 " 123291290011 123291290091 123290060010 123291100030 123291290080 123291290081 123291160050 J NE DAVIs FARM RD m 123291200000 p J 0 W 2 123291200030 123291200020 123291190090 123291190100 �e� E- ri,Di�italGlobe.'Geo� e, irbus D�, I s • I tir.�'c�F13.�.T!t+i'�'��4�iQrid9C►.���'�9��.'':�L'!.T..'�t•.'�+:� � �♦�r����+�♦'r�� �+��� ter ,+'� `♦'�► r+♦ t 4 +♦♦rra♦r $♦err♦+♦♦+ � 'r+♦ ♦�" g*�♦'* � �s. 4 rrG+♦ ♦i ���r� ♦♦ +♦+ ♦�' �� +♦i♦i � • iii+ � r i� � r it'�� �+�t�i r♦�♦ir♦�+ ♦ r♦� ♦ ♦+'*�ii�rtir+t♦�♦i ♦♦�+♦r♦i i � $i' �i;♦ ♦ ♦ir;♦ir�♦#♦i,+y�►4+, r� �GG ♦ r �'iirr♦iL�+r♦� %i�i +�► ♦ ++i ��'+i♦'.i ai.!�i, ►� ♦ ♦ i+�*'�+ ♦G ♦ ♦`� ♦+i+ r'♦ ♦♦ i ♦'fit+ t t +t �O+ri �t r+t+r+t♦r,`q ♦ , +tiiGr�ii♦i • • *�►irr+.+♦*i+ai.+ ♦�. �i♦r�'i'�♦ t r♦ �ir♦i+ D ♦ ♦��.r*.� ♦+ �♦ rG��►•♦`'4 ri+r+i ♦♦�t♦�i+ ♦+ *► ter♦rt♦ ♦#r♦�,r♦ #♦+ ♦r �+♦� ♦r''�r, , �r♦ir♦��ii� ♦i♦♦+1�I�ii + 4r*�'+#�ii t r+��►+ '��ir.�i♦�� ♦ • r♦ r++�i►i.,♦i +.i ♦ + r r♦♦ ♦ ♦r#� ♦♦ 1i♦� � ♦i i� +♦tel+G 1�� ♦♦+�i a�'►i'Oi� t ♦i'rG'`� +♦+.*i` + 'r++r♦♦� r r♦++♦♦rr♦♦ •♦ +♦ p♦rr �♦++♦r♦*♦. ++ r++i+♦++ ♦+rt+�►+ ♦ ri'+i♦�'t♦#i • SON+♦+rt, t♦Mt�*♦�►t�►G ♦r� ♦ ♦r+, r ♦r♦ G '+♦♦i 1.+i+ r��,�G#rr*� .'+�♦ r ♦�+�♦r , r`+ar♦♦'♦�r ++♦+�r+♦ ; `♦'♦ ♦ ♦♦P.++riti' �r♦'i rG ♦itrt irit�� ..�,�♦r�" t it G+' ♦Gi.,►r►. ♦ rG .♦...�.t�r.. i �.r WIN, IP.P mor M. 1114V 01. *4 IMPAINA FROM r ILI ♦ n+. �.'`�► ♦ qtr r ♦ G♦ sir♦G"r'�i�' ♦�►'�'+ +�► �«r4t'ii+ «♦+� `'i�i!f�►�i i♦iiirr�+��!'i r+i ♦� ♦'+ ice +i #+iii►♦i'♦♦i�'i+++4'�♦t ♦. ♦ ♦+ice i+i. i.♦��y+_�ri� �a+�►'a�^ ,� . art; + ►-•r�♦��, I a IL j +' T L. • FEE: $2,220.00 MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health 615 W.Alder St.—Bldg.8,Shelton,Wa 98584 Phone:(360)427-9670 ext.352 ♦ Fax:(360)427-7798 APPLICATION FOR COMPREHENSIVE PLAN MAP AMENDMENTS (FUTURE LAND USE MAP AND ZONING CHANGES) [One application per parcel or contiguous group of parcels. This application does not guarantee approval. To legally approve a rezone request,the submitted request must meet the rezone criteria listed in the Mason County Development Regulations. You should discuss your proposal with the County Long Range Planner prior to application.] Applicant: Robert W. & Melanie A. Gilmore Mailing Address: 299 Percheron Lane N.W. City: Bremerton State: WA Zip: 98312 Telephone No.: 360-830-3330 or 360-830-4806 Parcel Number(s): 12329 12 90011 Parcel Size and Legal Description: property 100' by 190' -legal description attached as exhibit A What kind of change in map information is requested? None Rationale for the Request: (include information on the property features,land use,and maps that will be used in considering your application) (see the attached information sheet) The property is currently zoned residential, yet it has been used for commercial puposes for the past nearly 39 years.I his property,with a predominantly cement block building, Is used for an auto repair facility and we propose that the zoning be updated to make it a conforming use. We request that it be changed to"mixed use"to match that of the abutting buildings to the south. kq n ure an dd e y� n 6-l l Revised August 2017 Exhibit "B" SEPA ENVIRONMENTAL CHECKLIST Please refer to page 2 item 11 Currently the property is zoned "single family", but for the past nearly 39 years it has been used as an automotive repair shop. We request a rezone to "mixed use" not only to make it conforming, but to match the zoning of the abutting feed store. No additional construction (other than the 8' by 12' customer waiting area being approved by the Mason County Building Department) or change in land use is contemplated at this time. This property is located at 481 NE Old Belfair highway. It is 100 feet in depth with 190 feet of frontage on the highway. The existing, predominantly, concrete block building is 2034 square feet in size. F�I�OL ;CASS "Le ga, Descrip-don) Tract B of Short Subdivision No. 1596, recorded June 12, 1986, Auditor's File No. 453607, and being a portion of the Northwest quarter (NW '/) of the Northeast quarter (NE 1/) of Section twentlmine (29), Township twentythree (23) North, Range one (1) West, W.M., records of Mason County, Washington. iVlason County Tax Parcel No. 12329 12 90011 I L'LDR E RMEf� Ty LDCA7- i hN Al, E -OLD ff- P19- H1Qt+whY I' iZ;2-°- 12- G6011 kTY I elo STI nicr GE t 1c. ([O rN F'I ELL �K--20 RI TA EN t M U- !t1 A t- --- UtStt�H AREA LIN �2 D C; PP, cc 's t,t , MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN that the Mason County Planning Advisory Commission will hold a public hearing at the Mason County Courthouse Building 1, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Monday, July 16, 2018 at 6:00 p.m. SAID HEARING will be to consider adopting the following Development Areas amendment (rezone): • Rezoning a 0.43-acre parcel from Low Density Residential to General Commercial in the Belfair Urban Growth Area. Parcel No. 12329-12-90011. Any person desiring to express their view or to be notified of the action taken on the application should attend the hearing and/or notify: MASON COUNTY DEPARTMENT OF COMMUNITY SERVICES 615 W. Alder Street Shelton, WA 98584 Please visit the Mason County website (http://www.co.mason.wa.us/ac/planning- commission/index.php) for a detailed list of agenda items. For information regarding this hearing contact Kell Rowen at (360) 427-9670 ext. 286 or krowen@co.mason.wa.us. If special accommodations are needed, please contact Kell Rowen, 427-9670, Ext.286. From the Belfair area, please dial 275-4467; from the Elma area please dial 482-5269. MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑ Public Hearing 0 Other ❑ Department: Community Services Ext: 286 Date: September 4, 2oi8 Agenda Item # (Commissioner Staff To Complete) Briefing Date: August 20, 2o3.8 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing September 4, 2018 at 9:3o a.m.to consider rezoning parcel 42002-10-00020 from Public Institutional(PI)to General Commercial (GC). This parcel is located within the Shelton UGA. BACKGROUND: Mason County is the proponent for this rezone. The property is undeveloped and proposed for surplus. A surplus condition is for the property to be rezoned from Public Institutional to General Commercial. The Planning Advisory Commission held a public hearing on July i6, 2oz8 and after consideration of the staff report and public testimony,voted unanimously to recommend approval of the rezone to the Board of County Commissioners. RECOMMENDED ACTION: Board of County Commissioners shall approve the rezone of parcel number 42002-io- 00020 from Public Institutional (PI)to General Commercial (GC). ATTACHMENT(S): Ordinance Staff Report with Attachments 8/14/2018 ORDINANCE NUMBER AMENDMENTTO MASON COUNTY SHELTON UGA MAP MASON COUNTY REZONE ORDINANCE Mason County Shelton Urban Growth Area (UGA) Map (rezone) under the authority of RCW 36.70A. WHEREAS, the Washington State Growth Management Act (RCW 36.70A.130) requires each county, including Mason County, to take legislative action to review and revise its comprehensive plan and development regulations to ensure that the plan and regulations continue to comply with the requirements of the Act; and WHEREAS, the County needs to address certain requests for comprehensive plan and zoning changes to meet the goals and requirements of Chapter 36.70A RCW (Growth Management Act); and WHEREAS, Mason County, owner of real property in Mason County known as parcel 42002- 10-00020, has requested a zoning change of their property from Public Institutional (PI) to General Commercial (GC); and WHEREAS, on July 16, 2018, the Mason County Planning Advisory Commission held a public hearing to consider the amendment and passed a motion to recommend approval of said rezone; and WHEREAS, the Board of County Commissioners considered the requested rezone at a duly advertised public hearing on September 4, 2018; and WHEREAS, the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments, testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to the Shelton UGA Map complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendment to the Mason County Shelton UGA Map rezoning parcel 42002-10- 00020 from Public Institutional (PI) to General Commercial (GC). DATED 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 DPA Kevin Shutty, Commissioner Page 1 August 14, 2018 REQUEST FOR REZONE STAFF PROPOSAL - PROPOSED REZONE OF 35 ACRES FROM PUBLIC INSTITUTIONAL (PI) TO GENERAL COMMERCIAL (GC) IN THE SHELTON UGA STAFF CONTACT Kell McAboy, Planning Manager Jerry Hauth, Public Works Director Ext. 286 Ext.453 APPLICANT PROPERTY OWNER Mason County Public Works Mason County SUMMARY OF PROPOSAL Rezone parcel 42002-3.0-00020 from Public Institutional (PI) to General Commercial (GC). This parcel is located within the Shelton UGA and does not require an amendment to the Future Land Use Map. PARCEL INFORMATION Parcel No. 42002-10-00020: is 35 acres in size and is located west of and adjacent to N. US ioi, east of and adjacent to Public Works Dr., north of and adjacent to Dayton Airport Rd and south of the existing Public Works complex.This lot is undeveloped and currently treed. ZONING INFORMATION CURRENT ZONING DESIGNATION: PI—Public Institutional The public institutional designation is intended to: A. Provide an area for activities relating to the purpose of state and local governmental entities and semi-public institutions providing necessary public services; and B. Provide for continued operation and facilitate managed growth of existing major institutions within the Shelton UGA; C. Provide and protect parks, open space and other natural, physical assets of the community to improve the aesthetic and functional features of the community. PROPOSED ZONING DESIGNATION: GC—General Commercial The intent of the General Commercial (GC) zone is to provide for those commercial uses and activities which are dependent on convenient vehicular access and to provide development standards which enhance pedestrian and transit access. The regulations are intended to integrate new development with existing uses to achieve a better environment for users arriving by car or by foot and to maintain or enhance the livability of adjacent residential neighborhoods. Staff Report- BOCC Page 2 August 14,2018 BACKGROUND The property is undeveloped and proposed for surplus.A surplus condition is for the property to be rezoned from Public Institutional to General Commercial. ANALYSIS Mason County Code Section i7.05.o8o(a) describes the eight rezone criteria used to review a rezone proposal. These criterions have been established and adopted specifically for Mason County to establish standards by which each rezone is to be reviewed. The Code requires that each rezone be evaluated considering these standards; however, it does not require that they all be met. Below is Staff's response to the proposed request: i. Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. Development allowed under General Commercial zone is similar to development allowed under Public Institutional zone and would likely have similar land use and types of structures, as well as development, design, parking, and landscape requirements. No site characteristics or allowable and reasonably anticipated uses would indicate a risk to public health, safety, or welfare. i. The zone designation shall be consistent with the Mason County Comprehensive Plan, Development Regulations, and other county ordinances, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. The proposed rezone is consistent with Mason County code including development regulations, County ordinances, and the Growth Management Act. Mason County Public Works determined there are no physical site characteristics that would indicate continued public ownership is preferable and has identified the property as potential surplus. General Commercial is an appropriate zone designation for meeting the intent of the Comprehensive Plan's urban growth planning policies, where Urban Growth Areas are identified for encouraging urban land uses, mixed use development, and employment centers. General Commercial designation is consistent with existing neighboring land uses; predominately commercial, industrial, and manufacturing uses within industrial zones. 3. No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity. Rezoning to General Commercial is consistent with the policies to focus urban development in Urban Growth Areas, specifically to reduce sprawling and maintain compatibility with nearby land uses, including resource-based uses. 4. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas, including but not limited to streets, parking, utilities,fire protection, police, and schools. Staff Report- BOCC Page 3 August 14,2018 The rezone from Public Institutional to General Commercial results in the potential for similar, not more intensive potential land uses. The rezone involves approximately 35 acres within the UGA, and in the vicinity of facilities(Port of Shelton and Mason County Public Works) which are unlikely to be considered for rezoning in the long-term planning horizon. Therefore, no material increase in demand for urban services in rural areas is expected to result from the rezone. 5. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. The rezone does not result in a more intensive land use. The rezone will encourage development within the UGA to discourage urban sprawling consistent with the Growth Management Act. The property is readily served by utilities located within Public Works Drive, including City of Shelton water, sewer and reclaimed water, natural gas,phone, and fiber. 6. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. The rezone does not result in a more intensive land use. The rezone will encourage development within the UGA consistent with the goals of the Growth Management Act and neighboring land uses. Future development proposals will be reviewed according to Mason County codes and development standards designed to protect the environment and conserve fish and wildlife habitat. 7. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County Comprehensive Plan. The rezone does not result in a more intensive land use. Rezoning from Public Institutional to General Commercial within the UGA does not create pressure to change other zoning designations or land uses. Nearby properties are developed with Port and Public Works facilities and unlikely to be considered forzoning changes. 8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. The proposal is not applicable and not being requested as the result of any mapping errors. Staff Report-BOCC Page 4 August 14,2018 STATE ENVIRONMENT PROTECTION ACT (SEPA) A SEPA checklist was prepared for this project. A formal SEPA Determinations of Non-Significance was made on June 29, 2018. Comment and appeal periods for these determinations closed on July 13, 2o3.8. PUBLIC NOTIFICATION All property owners within 300 feet of the subject parcel was notified by mail informing them of the proposal to rezone the property. In addition, Public Notice of this public hearing was published in the Mason Shelton Journal on July 5, 2oi8. The Public Notice was posted onsite on July 3, 2o18. The public notice for the BOCC public hearing was published in the Journal on August 23&30, 2o18. PLANNING ADVISORY COMMISSION On July 16, 2o18, the Planning Advisory Commission held a public hearing on this proposal. After calling for testimony and deliberation, they made a unanimous recommendation that the Board of County Commissioners approve the request to rezone the parcel. The draft minutes are attached for the Board's review. SUMMARY AND RECOMMENDATION Staff recommends that the Board of County Commissioners approve this rezone. ATTACHMENTS • Aerial map of property and vicinity • Current Zoning Map • Application Staff Report-BOCC Vicinity Map Mason County Public Works Subdivision No. 674 HrUNTER HUNTER ETAL i ETAL AL t .. P � HUNTER HUNTER, ETAL ETAL r Ce BOUVIER KELLY'" MANKETfOFI` YOUNT JR GOMPA INC MASON f- COUNTY Z WEDDLE;ti A N i ETAL _ CASIMN SPARKMAN LLC RASMUSSEN BROWN PERIGO < CM INVESTMENTS CY ' 41 LLC CANOPY cq SHELTON Cf)' JOHN • • w PROPERTY • _ �LLC PARK C M •• • • MACRAE TREE" FARM LLC W SHELTON ARCADIA CANOPY =• �` VANDFI_ z PROPERTY DRILLING PARK INCILC NYE SHELTON - LLC OLYMPUS INVESTMEN, pJp CHURCH GEIBEL ARCADIA FIREWORKS LLC Z) OF CHRIST DRILLING d OUNT . r LLC SHELTON < INC COMMUNIT � JOHN MACRAE CHURCH — ACTION TREE FARM _ :..-..ay OF CHRIST F— UNCIL "CO ti LLC Luf ON Q' OW BUSINESS PARK RD m AE PORT OF Z TREE STATE OF uJ SHELTON - ( ARM LLC WASHINGTON �p ACRAE O RM LLC STATE OF WASHINGTON, Miles Legend 0 0.05 0.1 0.2 0.3 County Road State Highway Parcels Private Road Federal Highway Mason County Public Works Department 6/15/2018 Area of Rezone with Current Shelton UGA Zoning •� it • yi, t Area of proposed c l r - rezone following parcel - $- ► .;, boundary line adjustment. f �-;•�� pr��� st �1 � s sr t, 3a d; • PORT OF SHELTON •�• y 1 t�l �y r June 15, 2018 1:12,277 0 0.1 0.2 0.4 mi General Commercial 0 0.15 0.3 0.6 km Industrial E] Tax Parcels(Zoom in to 1:30,000) Mixed Use Shelton UGA Zoning.lyr Esn, Neighborhood Residential community, HERE, G urcei ® Op Digital lobe, contributors, and the GIS user g community, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographies, Airport Industrial / us DS, USDA, USGS, AeroGRID, IGN, and the GIS User Public Institutional Community Commercial Industrial Mason County WAGIS Planning Map Application Esh,HERE,Gannin,iPC I USDA FSA,DigitalGlobe,GeoEye,CNES/Airbus DS I PD220b-6o aaa FEE: $2,220.00 ll^ cC461V MASON COUNTY ✓tlN? FO COMMUNITY SERVICES eye, s 2o18 Building,Planning,Environmental Health,Community Health • * 615 W.Alder St.—Bldg.8,Shelton,Wa 98584 `�@f S},. Phone:(360)427-9670 ext.352 ♦ Fax:(360)427-7798 t APPLICATION FOR COMPREHENSIVE PLAN MAP AMENDMENTS (FUTURE LAND USE MAP AND ZONING CHANGES) [One application per parcel or contiguous group of parcels. This application does not guarantee approval. To legally approve a rezone request,the submitted request must meet the rezone criteria listed in the Mason County Development Regulations. You should discuss your proposal with the County Long Range Planner prior to application.] Applicant: Mason County Public Works Department Mailing Address: 100 W. Public Works Drive City: Shelton State: WA Zip: 98584 Telephone No.: (360) 427-9670 Parcel Number(s): 42002-10-00010 and 42002-10-00020 Parcel Size and Legal Description: Portions totaling approximately 35.4 acres of 2 parcels, following boundary line adjustment of PCL 2 OF BLA#06-72 PTN OF W1/2 NE and PCL 1 OF BLA#06-72 PTN OF W1/2 NE. What kind of change in map information is requested? Change in zoning designation from Public Institutional to General Commercial. Rationale for the Request: (include information on the property features, land use, and maps that will be used in considering your application) (see the attached information sheet) The property is undeveloped and proposed for surplus. A surplus condition is for the property to be rezoned from Public Institutional to General Commercial.The rezone is consistent with the intent and policies of the Mason County comprehensive plan, Growth Management Act, and surrounding current and future land uses. Signature and date Revised August 2017 FEE: $2,220.00 GENERAL INFORMATION The application for Comprehensive Plan Map Amendment is used to request a change in the zone designation of a parcel or group of parcels, such as from Rural Residential to Rural Commercial, Rural Tourist, or Rural Industrial; or to request a change in a Resource Land designation, such as from Rural Residential to Agricultural Resource Land. Applications requesting the modification of outer boundaries of Urban Growth Areas, Rural Activity Centers, and Hamlets require the additional application of the Comprehensive Plan Policy or Development Regulation form and supplemental studies that augment the request. The application must be accompanied by the information listed below and the applicable application fee, and then submitted to the Department of Community Development, Permit Assistance Center by the last business day of July. The Comprehensive Plan Policy or Development Regulation application may be used to request a change in a policy of the Mason County Comprehensive Plan or to initiate review of a development standard in Mason County's planning regulations implementing the Comprehensive Plan. The application should be accompanied by supplemental information to present an issue or constraint and show that either type of change, if approved, would be applied generally throughout the county. The Department of Community Development will accept these requests in a docket file and examine the merit of the request for review by the Planning Advisory Commission and Board of County Commissioners as part of the comprehensive plan amendment process. APPLICATION MATERIALS FOR COMPLETE CONSIDERATION OF YOUR REQUEST 1 - Completed application for Amendment of Comprehensive Plan Policy or Development Regulation or Comprehensive Plan Map Amendment (Future Land Use Map and Zoning Changes). 2 - Responses to Rezone Criteria 1 to 8 (Mason County Development Regulations Sec. 17.5.080A). 3 - Vicinity Map and Assessor's Office parcel map of subject property or properties. 4- List of names and mailing addresses of adjacent property owners of lots within 300 feet of the boundaries of the subject property or properties. 5 - Environmental Checklist evaluating the application to change from the existing zone designation to the requested zone designation, addressing potential land uses and new standards of development. Revised August 2017 C(O MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN that the Mason County Planning Advisory Commission will hold a public hearing at the Mason County Courthouse Building 1, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Monday,July 16, 2018 at 6:00 p.m. SAID HEARING will be to consider adopting the following Development Areas amendment (rezone): • Rezoning from Public Institutional (PI)to General Commercial (GC) within the Shelton Urban Growth Area (Parcel Nos. 42002-10-00010 and 42002-10-00020). Any person desiring to express their view or to be notified of the action taken on the application should attend the hearing and/or notify: MASON COUNTY DEPARTMENT OF COMMUNITY SERVICES 615 W. Alder Street Shelton, WA 98584 Please visit the Mason County website (http://www.co.mason.wa.us/ac/planning- commission/index.php) for a detailed list of agenda items. For information regarding this hearing contact Kell Rowen at (360) 427-9670 ext. 286 or krowen@co.mason.wa.us. If special accommodations are needed, please contact Kell Rowen, 427-9670, Ext.286. From the Belfair area, please dial 275-4467; from the Elma area please dial 482-5269. Review and Response to Rezone Criteria of Mason County Development Regulations, Section 17.05.080A Mason County Public Works Subdivision No.674 The proposed rezone of Mason County surplus property from Public Institutional to General Commercial was evaluated for consistency with the rezone criteria in Mason County Code(MCC)Section 17.05.080A. The eight criteria are listed below in bold,each followed by a response. 1. Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. Development allowed under General Commercial zone is similar to development allowed under Public Institutional zone and would likely have similar land use and types of structures,as well as development, design, parking,and landscape requirements. No site characteristics or allowable and reasonably anticipated uses would indicate a risk to public health,safety,or welfare. 2. The zone designation shall be consistent with the Mason County comprehensive plan, development regulations,and other county ordinances,and with the Growth Management Act;and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. The proposed rezone is consistent with Mason County code including development regulations,County ordinances,and the Growth Management Act. Mason County Public Works determined there are no physical site characteristics that would indicate continued public ownership is preferable, and has identified the property as potential surplus. General Commercial is an appropriate zone designation for meeting the intent of the Comprehensive Plan's urban growth planning policies,where Urban Growth Areas are identified for encouraging urban land uses, mixed use development,and employment centers. General Commercial designation is consistent with existing neighboring land uses; predominately commercial, industrial,and manufacturing uses within industrial zones. 3. No rezone shall be approved if,either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development,or to significantly increase uses incompatible with resource-based uses in the vicinity. Rezoning to General Commercial is consistent with the policies to focus urban development in Urban Growth Areas,specifically to reduce sprawling and maintain compatibility with nearby land uses, including resource-based uses. 4. No rezone to more intensive land use shall be approved if,either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas, including,but not limited to,streets,parking, utilities,fire protection,police and schools. Mason County Public Works Department 6/15/18 The rezone from Public Institutional to General Commercial results in the potential for similar, not more intensive potential land uses.The rezone involves approximately 35 acres within the UGA,and in the vicinity of facilities(Port of Shelton and Mason County Public Works)which are unlikely to be considered for rezoning in the long-term planning horizon.Therefore, no material increase in demand for urban services in rural areas is expected to result from the rezone. 5. No rezone to more intensive land use shall be approved if,either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. The rezone does not result in a more intensive land use.The rezone will encourage development within the UGA to discourage urban sprawling consistent with the Growth Management Act.The property is readily served by utilities located within Public Works Drive, including City of Shelton water,sewer and reclaimed water, natural gas, phone, and fiber. 6. No rezone to more intensive land use shall be approved if,either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space,to conserve fish and wildlife habitat,and generally to protect the environment, including air and water quality. The rezone does not result in a more intensive land use.The rezone will encourage development within the UGA consistent with the goals of the Growth Management Act and neighboring land uses. Future development proposals will be reviewed according to Mason County codes and development standards designed to protect the environment and conserve fish and wildlife habitat. 7. No rezone to more intensive land use shall be approved if,either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County comprehensive plan. The rezone does not result in a more intensive land use. Rezoning from Public Institutional to General Commercial within the UGA does not create pressure to change other zoning designations or land uses. Nearby properties are developed with Port and Public Works facilities and unlikely to be considered for zoning changes. 8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. Not applicable to the proposed rezone. Mason County Public Works Department 6/15/18 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑ Public Hearing 0 Other ❑ Department: Community Services Ext: 286 Date: September 4, 2oi8 Agenda Item # (Commissioner Staff To Complete) Briefing Date: August 20, 2oi8 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing September 4, 2018 at 9:3o a.m.to consider rezoning a parcel in the rural area from Rural Residential 5 to Rural Commercial 3. BACKGROUND: The applicant (Jeff Holbrook, Huntington Beach Investments, LLC) inquired with the Planning Department about rezoning this undeveloped lot for an unspecified future use, that would be allowed under RC3 zoning district. The Planning Advisory Commission held a public hearing on July 16 and again on August 20, 2oi8 and after consideration of the staff report and public testimony, voted unanimously to recommend approval of the rezone to the Board of County Commissioners. RECOMMENDED ACTION: Board of County Commissioners shall approve the rezone of parcel number 32031.-1.4- 000io from Rural Residential 5 to Rural Commercial 3. ATTACHMENT(S): Ordinance Staff Report with Attachments 8/14/2018 ORDINANCE NUMBER AMENDMENTTO MASON COUNTY DEVELOPMENT AREAS MAP HUNTINGTON BEACH INVESTMENTS, LLC REZONE ORDINANCE Mason County Development Areas Map (rezone) under the authority of RCW 36.70A. WHEREAS, the Washington State Growth Management Act (RCW 36.70A.130) requires each county, including Mason County, to take legislative action to review and revise its comprehensive plan and development regulations to ensure that the plan and regulations continue to comply with the requirements of the Act; and WHEREAS, the County needs to address certain requests for comprehensive plan and zoning changes to meet the goals and requirements of Chapter 36.70A RCW (Growth Management Act); and WHEREAS, Huntington Beach Investments, LLC, interest of real property in Mason County known as parcel 32031-14-00010, has requested a zoning change from Rural Residential 5 (RR5)to Rural Commercial 3 (RC3); and WHEREAS, on July 16, 2018 and again on August 20, 2018 the Mason County Planning Advisory Commission held a public hearing to consider the amendment and passed a motion to recommend approval of said rezone; and WHEREAS, the Commissioners considered the requested rezone at a duly advertised public hearing on September 4, 2018; and WHEREAS, the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments, testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to the Development Areas Map complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendment to the Mason County Development Areas Map rezoning parcel 32031- 14-00010 from Rural Residential 5 (RR5) to Rural Commercial 3 (RC3). DATED 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 DPA Kevin Shutty, Commissioner z Page 1 August 14,2018 REQUEST FOR REZONE APPLICANT PROPOSAL - PROPOSED REZONE OF 3.85 ACRES FROM RURAL RESIDENTIAL 5 (RRS) TO RURAL COMMERCIAL 3 (RC3) STAFF CONTACT Kell McAboy, Planning Manager Ext#286 APPLICANT PROPERTY OWNER Huntington Beach Investments, LLC Estate of Violet Cole PO Box 2727 Sig S.Send Street Olympia,WA 98507 Tacoma,WA 984o8 SUMMARY OF PROPOSAL Rezone parcel 32031-14-00010 from Rural Residential S (RRS) to Rural Commercial 3 (RC3). This parcel is located within the rural area of Mason County and does not require an amendment to the Future Land Use Map. PARCEL INFORMATION Parcel No. 82031-14-00010: is 3.85 acres in size and is located east of and adjacent to N. US 1o1, west of and adjacent to SE SR 3 and north of and adjacent to where US 1o1 and SR 3 merge at W. Golden Pheasant. Directly east and across SR 3 is the location of Mason Transit Authority's Cole Road park& ride lot.This parcel is surrounded by Rural Residential S zoning. ZONING INFORMATION CURRENT ZONING DESIGNATION: RRS—Rural Residential 5 The purpose of the RRS district is to provide for residential development on parcels of 5 acres or more. PROPOSED ZONING DESIGNATION: RC 3—Rural Commercial 3 There are five types of rural commercial districts and they provide for a variety of commercial uses reflecting the diversity of existing business areas. In RC3, uses include convenience/general store, retail, restaurant, small office, laundry, professional services, personal services, public meeting space, nursery, public facilities—post office/fire station/fish hatchery/library/ranger station, church, local community and recreation centers, lodging facilities, including motels, RV parks, campgrounds and bed and breakfast, marina —sales, service and storage, auto service and repair, medical/dental clinic, animal clinic, winery, commercial/government operated day care, single family residential accessory use or apartment. Uses permitted with a Special Use Permit include gas and self-storage. Staff Report-BOCCBOCC Page 2 August 14, 2018 BACKGROUND The applicant (Jeff Holbrook, Huntington Beach Investments, LLC) inquired with the Planning Department about rezoning this undeveloped lot for an unspecified future use, that would be allowed under RC3 zoning district. ANALYSIS Mason County Code Section 17.05.o8o(a) describes the eight rezone criteria used to review a rezone proposal. These criterions have been established and adopted specifically for Mason County to establish standards by which each rezone is to be reviewed. The Code requires that each rezone be evaluated considering these standards; however, it does not require that they all be met. Below is Staff's response to the proposed request: i. Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. This criterion is met as the applicant's proposed rezone of the property will not damage public health, safety or welfare. Existing development regulations still apply to future development. i. The zone designation shall be consistent with the Mason County Comprehensive Plan, Development Regulations, and other county ordinances, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. Staff believes this criterion has been met as it is consistent with the Comprehensive Plan and future development will be consistent with the RC3 section of the Development Regulations. The unique location of this lot sitting between two highways makes it desirable for Rural Commercial zone designation. 3. No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity. This criterion is met as staff believes the rezone of these parcels would not increase sprawl or low- density development or cause it to occur. 4. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas, including but not limited to streets, parking, utilities, fire protection, police, and schools. This criterion is met as the proposed rezone of these parcels totaling approximately 3.85 acres in size will not increase the demand for urban services in rural areas, including, but not limited to, streets, parking, utilities,fire protection, police and schools. Allowed uses within the RC3 zone are light-commercial in nature and will not support a business that would increase the demand for services already provided. Staff Report-BOCCBOCC Page 3 August 14,2018 S. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. This criterion is met as the proposed rezone of this parcel would not materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. 6. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. This criterion is met as the proposed rezone of these parcels would not materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. Future proposed development is required to meet all buffer and setback regulations, however there are no known critical areas on or near the site. 7. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County Comprehensive Plan. This criterion is met as the proposed rezone would not create pressure to change surrounding land uses and will not affect population growth in the rural areas. 8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. The proposal is not applicable and not being requested as the result of any mapping errors. STATE ENVIRONMENT PROTECTION ACT (SEPA) A SEPA checklist was prepared for this project. A formal SEPA Determinations of Non-Significance was made on June 29, 2oi8. Comment and appeal periods for these determinations closed on July 13, 2oi8. PUBLIC NOTIFICATION All property owners within 300 feet of the subject parcel was notified by mail informing them of the proposal to rezone the property. In addition, Public Notice of this public hearing was published in the Mason Shelton Journal on July 5, 2o18. The Public Notice was posted onsite on July 3, 2o18. Public Notice for BOCC public hearing was published on August 23&30, 2o3.8. Staff Report-BOCCBOCC Page 4 August 14,2018 PLANNING ADVISORY COMMISSION On July 16, 2oi8, the Planning Advisory Commission held a public hearing on this proposal. After calling for testimony and deliberation, they made a unanimous decision to continue the hearing at the August 20, 2o18 meeting to allow time for staff to discuss commercial development with the Washington State Department of Transportation. Staff met with WSDOT on July ig, 2oi8 and was assured that the property could be developed commercially with adequate ingress/egress directly across from Craig Road. Staff is expecting a recommendation from the PAC to the BOCC at their August 20, 2o18 meeting. SUMMARY AND RECOMMENDATION Staff recommends that the Board of County Commissioners recommend approval of this rezone. ATTACHMENTS • Aerial map of property and vicinity • Current Zoning Map • Application Staff Report-BOCCBOCC Mason County WA GIS Web Map �- 32031110100 3-3rtiIIiIl%nInn • 290 SE STATE ROUTE 3'160 40 320322290110 320322290120 320311100110 281 SE STATE ROUTE 3 • 320322200050 5 251 SE STATE ROUTE 3 320311100120 w 320322200010 320311100231 SE STATE ROUTEy3�7,1,SESTATE ROUTE 221 SE STATE ROUTE 3 y� 320311100140 320322200020 I (� 320311400010 d � \ I 320322300000 3203 00 0010 Vie, 32 10060000 oXi ff i 0 0 way R'}n 27+1F t►gilgri:r 261 SE CRAIG RD UNIT 23261 SE-CRAIG RD UNIT-16 . `-. 261 SE CRAIG RD UNIT 14102 SE COLE RD ® 32032A90011 261 SE CRAIG RD UNIT N JI 03 223 90 0 1 20311400 0 261 SE CRAIG RD UNI-fl 0 0 1160 SE COLE RD 261 SE CRAIG RD UNIT 1 32022390013 261 SE CRAIG RD UNIT 9 261 SE CRAIG RD UNITt3. • r w w Y • 261 SE'CRAIG RD UNIT-B— 261 SE_CRAIG.RD_UNIT_9A 271 SE CRAIG,RD 320322300080 . . (.`300060 32 310060 10 k 321 SE,CRAIG RD 20314100 0 4 z—w Z04 z V V V I 6/29/2018, 3:54:46 PM 1:3,074 0 0.03 0.05 0.1 mi L_3 County Boundary Rural Residential 2.5 Acres 1 F 1 i-1+ - ll ® 0 0.04 0.08 0.16 km Site Address(Zoom in to 1:5,000) �_ Rural Residential 5 Acres Tax Parcels(Zoom in to 1:30,000) ❑ Rural Residential 10 Acres Development Areas ❑ Rural Residential 20 Acres Sources:Esri,HERE,Garmin,Interma p,increment P Corp.,GEBCO,USGS, FAO, NPS, NRCAN, GeoBase, IGN. Kadaster NL, Ordnance Survey, Esri Rural Multi Family Japan, METI, Esri China (Hong Kong), swisstopo, © OpenStreetMap Agricultural Resource Lands contributors,and the GIS User Community Inholding Lands Mason County WA GIS Web Map Application Esri,HERE,Garmin,FAO,USGS,NGA,EPA,NPS �. .r .7.-:�L�.HrS _ '.:,._._-_-".q'i6il�"_ev.�...r.�.'.,..._.: -s,r.�..>�.�� -. a*.�,. _'• '�'�"�'.:___ +13�'�_.cr.�.. i. 2l I Huntington Beach Investments �`, � - �� f Legend Rezone request from residential to commercial f� 221 WA-3 - ------ - is- � Co and Ride .; -. • , - ,, Ie Road d Par k 0 Kitten Rescue of Mason County d -ALW r f�, - {'7`.��16,�%'�'`w: i.,\. ,r' •J. e�•�4rr.4 '4'c - ..�'� .+�;;, t r.`' ,r r 'VMOO- r �c'i�. ,' ,� � `►►;�'. °��i •R` f, a �• �4-jo4; � ,F. i'f�._ +7♦ o- R f �z Fig :F?�,,. k"� � � � `• ,,U�F i .. s• �f ���� �♦b !`1'�(��.;r,�� r r ,G' ";r y �.� r"��r+ � f ! 7F ,> ! '�''.�.�, ,� �..,r''s1. � /c 4c •.qac�. ?�* SK'r a��. -.t y{a 7� L.. • �`Pjr .` ��.t.. �"i.d#k �tr��• � ...rte � v' `�'�� t _ .:J}..7�' 4�`-' r r t ri i ,r�h�" O'K�S� �Q'�t .: sTr•Lia K. 4. �"�" ;' 1 0 �` r,•br` 5.' k., Ki� fir' p i�. -� xIt'��.^� '� �+��0 < .�t., � "`� .x� - ,� ,gyp "?�' t �`, "e . _ •��rY �.r ;� ����+. + s �'.��',,,, '4 4 •' x -C ,,�,ti. �L - ,.• 4�:'xk-_ w * f,_ t= '+S`J "•� 'y ,i? 4 i +� X MI i•€ �° ,tip '�'` '� �;y�, ;M15"5 � -*�r� d r ♦°r,.r'.•�'J i v' }^� 'a�t�k � wEtc%��rr' atm`#1`�. � j��`*� J `� •, L 6 - .'r �+5.'}'4, r. ;FZ ...,t •3,T1 gyp. }, •+q., ,!. T 4�tsi,. _ , r; ,,��q`�rr t 2�.�"t1e = J t} - �+ p�f i ^!► etc �:: � `r Y,�, +' ,r F •y 1'bdstiryT;Y s;,. F '�} er` / ,y ,e. IV t'µ� � _• �r ,*''.'M�C � 1 :.,�, .y ,� � H r-�. •� jar w'. ' �_. (�'�. r;� �.•f� 1 +✓:�1' t ti� .�_ 'Or �. r� -y' �. +►tp - e. ` (- .f,�� `�'� s1 f/. r � r ` h , r r, :'j1'F'• , ,r y�K:' 'N.. e i'1yM._. � rpt �.`7''�"... �;'C _yr.� U ',a - J1. r Google Earth s Google(D 2018 111 } WZ- /LoZcV6� @ FEE: $2,120.00 RECEIVED APR 1 1 2018 MASON COUNTY COMMUNITY SERVICES 615 w. Alder Street Building,Planning,Environmental Health,Community Health 615 W.Alder St.—Bldg.8,Shelton,Wa 98584 Phone:(360)427-9670 ext.352 ♦ Fax:(360)427-7798 APPLICATION FOR AMENDMENT TO COMPREHENSIVE PLAN POLICY OR DEVELOPMENT REGULATION One application per parcel or contiguous group of parcels. This application does not guarantee approval. You should discuss your proposal with the County Long Range Planner prior to application. Burden is on applicant to show compliance with the Comprehensive Plan or Growth Management Act policies and other planning ordinances. Applicant: 1'1 1� LLj`b Mailing Address: rl -al City: t " State: 1� Zip: C C�)S( Telephone No.: 3(OD y&Q, �(7 Parcel Number(s): �!G, 1\4 Doo V Parcel Size and Legal Description: What kind of change in Comprehensive Plan Policy or Development Regulation information is re Ouested?(Attach additional pages,if needed.) Rationale for the Request: (include information on the property features, land use, and maps that will be used in considering your application) (see the attached information sheet) e *CiYd o e-0—A ue,i5C df Signature and date , I:\Community Development\PLANNING\PAC 2016-Permit Assistance Center\Variance MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑ Public Hearing H Other ❑ Department: Community Services Ext: 286 Date: September 4, 20-18 Agenda Item # (Commissioner Staff To Complete) Briefing Date: August 20, 2oi8 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing September 4, 2018 at 9:3o a.m.to consider rezoning (downzoning)two parcels in Union from Rural Commercial 3 to Rural Residential 2.5. BACKGROUND: Prior to County zoning (pre 19go's)there was an existing commercial use on the parcel ending in 40. This use and its 6,00o square foot warehouse building have been removed from the property.The desire is to develop the property for residential use rather than commercial. The Planning Advisory Commission held a public hearing on July-16, 20-18 and after consideration of the staff report and public testimony, voted unanimously to recommend approval of the rezone to the Board of County Commissioners. RECOMMENDED ACTION: Board of County Commissioners shall approve the rezone of parcel numbers 32232-55- 0004o and 32232-55-0004-1 from Rural Commercial 3 to Rural Residential 2.5. ATTACHMENT(S): Ordinance Staff Report with Attachments 8/14/2018 ORDINANCE NUMBER AMENDMENTTO MASON COUNTY DEVELOPMENT AREAS MAP BUECHEL REZONE ORDINANCE Mason County Development Areas Map (rezone) under the authority of RCW 36.70A. WHEREAS, the Washington State Growth Management Act (RCW 36.70A.130) requires each county, including Mason County, to take legislative action to review and revise its comprehensive plan and development regulations to ensure that the plan and regulations continue to comply with the requirements of the Act; and WHEREAS, the County needs to address certain requests for comprehensive plan and zoning changes to meet the goals and requirements of Chapter 36.70A RCW (Growth Management Act); and WHEREAS, Rick Buechel, owner of real property in Mason County known as parcels 32232- 55-00040 and 32232-55-00041, has requested a zoning change of his property from Rural Commercial 3 (RC3) to Rural Residential 2.5 (RR2.5); and WHEREAS, on July 16, 2018, the Mason County Planning Advisory Commission held a public hearing to consider the amendment and passed a motion to recommend approval of said rezone; and WHEREAS, the Board of County Commissioners considered the requested rezone at a duly advertised public hearing on September 4, 2018; and WHEREAS, the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments, testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to the Mason County Development Areas Map complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendment to the Mason County Development Areas Map rezoning parcels 32232- 55-00040 and 32232-55-00041 from Rural Commercial 3 to Rural Residential 2.5. DATED 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 DPA Kevin Shutty, Commissioner Page I August 14,2018 REQUEST FOR REZONE APPLICANT PROPOSAL - PROPOSED REZONE OF 0.36 ACRES FROM RURAL COMMERCIAL 3 (RC3) TO RURAL RESIDENTIAL 2.5 (RR2.5) STAFF CONTACT Kell McAboy, Planning Manager Ext#286 APPLICANT PROPERTY OWNER Mike Oblizalo Rick Buechel PO Box 671 South Shore Enterprises, LLC Union,WA 98592 Soo E. Dalby Rd. Union,WA 98592 SUMMARY OF PROPOSAL Rezone parcels 32232-55-00040 and 32232-55-00041 from Rural Commercial 3 (RC3) to Rural Residential 2.5(RR2.5). These parcels are in the Rural Activity Center(RAC)of Union and are within the rural area of Mason County.This does not require an amendment to the Future Land Use Map. PARCEL INFORMATION Parcel Nos.32232-55-0004o and 32232-55-00041:are 0.36 acres in size and are located north of and adjacent to SR 1o6, and south of and adjacent to Hood Canal. There is an existing residence east of and adjacent to parcel ending in 40. There is about 1,200 feet of undeveloped shoreline to the west before reaching the next residence. This parcel is surrounded by Rural Residential 2.5 (RR2.5) zoning. ZONING INFORMATION CURRENT ZONING DESIGNATION: RC3—Rural Commercial 3 There are five types of rural commercial districts and they provide for a variety of commercial uses reflecting the diversity of existing business areas. In RC3, uses include convenience/general store, retail, restaurant, small office, laundry, professional services, personal services, public meeting space, nursery, public facilities—post office/fire station/fish hatchery/library/ranger station, church, local community and recreation centers, lodging facilities, including motels, RV parks, campgrounds and bed and breakfast, marina—sales,service and storage, auto service and repair, medical/dental clinic,animal clinic, winery, commercial/government operated day care, single family residential accessory use or apartment. Uses permitted with a Special Use Permit include gas and self-storage. PROPOSED ZONING DESIGNATION: RR2.5—Rural Residential 2.5 The purpose of the RR5 district is to provide for residential development on parcels of 2.5 acres or more. Staff Report-BOCC Page 2 August 14,2018 BACKGROUND Prior to County zoning(pre sggo's)there was an existing commercial use on the parcel ending in 40. This use and its 6,000 square foot warehouse building have been removed from the property. The desire is to develop the property for residential use rather than commercial. ANALYSIS Mason County Code Section 17.o5.o8o(a) describes the eight rezone criteria used to review a rezone proposal. These criterions have been established and adopted specifically for Mason County to establish standards by which each rezone is to be reviewed. The Code requires that each rezone be evaluated considering these standards; however, it does not require that they all be met. Below is Staff's response to the proposed request: i. Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. This criterion is met as the applicant's proposed rezone of the property will not damage public health, safety or welfare. All Environmental Health and Building codes will be adhered to prior to residential construction. 2. The zone designation shall be consistent with the Mason County Comprehensive Plan, Development Regulations, and other county ordinances, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. Staff believes this criterion has been met as it is consistent with the Comprehensive Plan and specifically consistent with the RR2.5 section of the Development Regulations. The residential zone is much better suited than commercial in this area that is surrounded by residentially developed waterfront. 3. No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity. This criterion is met as staff believes the rezone of these parcels would not increase sprawl or low- density development or cause it to occur. 4. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas, including but not limited to streets, parking, utilities,fire protection, police, and schools. N/A Less intensive. 5. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of Staff Report- BOCC Page 3 August 14,2018 such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. N/A Less intensive. 6. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. N/A Less intensive. 7. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County Comprehensive Plan. N/A Less intensive. 8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. The proposal is not applicable and not being requested as the result of any mapping errors. STATE ENVIRONMENT PROTECTION ACT (SEPA) A SEPA checklist was prepared for this project. A formal SEPA Determinations of Non-Significance was made on June 29, 2o18. Comment and appeal periods for these determinations closed on July 13, 2o18. PUBLIC NOTIFICATION All property owners within 300 feet of the subject parcel was notified by mail informing them of the proposal to rezone the property. In addition, Public Notice of this public hearing was published in the Mason Shelton Journal on July S, 2o18. The Public Notice was posted onsite on July 3, 2o18. The public notice for the BOCC public hearing was published in the Journal on August 23&30, 2o18. PLANNING ADVISORY COMMISSION On July 16, 2o18, the Planning Advisory Commission held a public hearing on this proposal. After calling for testimony and deliberation, they made a unanimous recommendation that the Board of County Commissioners approve the request to rezone the parcel. The draft minutes are attached for the Board's review. SUMMARY AND RECOMMENDATION Staff Report-BOCC Page 4 August 14,2018 Staff recommends that the Board of County Commissioners approve this rezone. ATTACHMENTS • Aerial map of property and vicinity • Current Zoning Map • Application with Response Sheet Staff Report- BOCC r . Legend 5561 E SR 106 ••• Canal Marina Corporation g -I-"ift •J. p,r i 7 M t g1 ogle■€-ar'r a� Mason County WA GIS Web Map '``--- 322322222222 .2125500044 322325500043 322325500042 322328888888 ``- -i f � h k 322325500033 322325500032 ! 3 2884M 322320080000 i,. 322J2ti�=;. i 73255000 9 322325500008 3 223 25 500 007 322325500006 322325500005 --__ 322325500004 322325500003 - 322325500002 322325500001 I 322325300011 322320050010 5130/2018, 102524 AM 1:766 L.j County Boundary Rural Residential 10 Acres Rural Commercial 1 CRY Water Neighborhood Residential 0 0.01 0.01 0.03 mi ' 1 T i Tax Parcels(Zoom in to 1:30,000) Rural Residential 20 Acres Rural Commercial 2 Shelton Urban Growth Area Shelton Zoning Public Institutional 0 0.01 0.03 0.06 km Development AreasAirport Industrial Belfair Zoning Agricultural Resource Lands Rural Commercial 3 Urban Growth Area Rural Multi Family Commercial Industrial Low Density Residential Sources:Esri,HERE,Garmin,Interma increment P Cor GEBCO, Long Term Commercial Forest Rural Commercial 5 Indian Reservation P� P�� Inholding Lands General Commercial Business Industrial USGS,FAO,NPS,NRCAN,GeoBase,IGN,Kadaster NL.Ordnance Rural Tourist Rural Industrial Olympic National Forest Survey.Esri Japan,METI, Esri China(Hong Kong),swisstopo, Rural Residential 2.5 Acres Industrial Festival Retail OpenStreetMap contributors,and the GIS User Community Rural Tourist-Campground Rural Natural Resource Olympic National Park Rural Residential 5 Acres Mixed Use General Commercial Mason County WA GIS Web Map Application Bureau of Land Management,Esri,HERE,Garmin,USGS,NGA,EPA,USDA,NPS FEE: $2,220.00 MASON COUNTY 44?3U COMMUNITY SERVIC�! tTh, / ``�'= Building,Planning,Environmental Health,Community Health d 615 W.Alder St.—Bldg.8,Shelton,Wa 98584 @��r1`fiy �V� Phone:(360)427-9670 ext.352 ♦ Fax:(360)427-7798 APPLICATION FOR COMPREHENSIVE PLAN MAP AMENDMENTS (FUTURE LAND USE MAP AND ZONING CHANGES) [One application per parcel or contiguous group of parcels. This application does not guarantee approval. To legally approve a rezone request,the submitted request must meet the rezone criteria listed in the Mason County Development Regulations. You should discuss your proposal with the County Long Range Planner prior to application.] Applicant: Mike Oblizalo and South Shore Enterprises Mailing Address: PO BOX 1400 _ City: Shelton State: WA Zip: 98584 _ Telephone No.: 360-426-9728 Parcel Number(s): 32732-SS-00040 and 32232-5S-00041 Parcel Size and Legal Description: SEE ATTACHED What kind of change in map information is requested? CHANGE ZONING FROM RURAL COMERCIAL TO RURAL RESIDENTIAL Rationale for the Request: (include information on the property features, land use,and maps that will be used in considering your application) (see the attached information sheet) The parcels were previously the site of a large warehouse. The warehouse has been removed. The owners of the parcels would like to complete a boundry line adjustment,in order to do so, the properties must be zoned residential. The properties will no longer be used for commercial purposes. Signature and ate Revised August 2017 -01 MASON COUNTY REZONE CRITERIA RESPONSE SHEET- 17.05.080 (1) Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. The proposed zoning change/'will reduce the zoning of the property from Rural Commercial Zone 3 to Rural Residential. (2) The zone designation shall be consistent with the Mason County comprehensive plan, development regulations, and other county ordinances, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation; The proposed zone designation will be consistent with the comprehensive plan. These parcels are the only in the area that are zoned Rural Commercial 3, the surrounding parcels are all currently zoned Rural Residential. (3) No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity; The proposal to zone parcel numbers 32232-55-00041 and 32232-55-00040 as Rural Residential will make the zoning in the area more consistent. The rezone would not result in an increase in sprawl, low-density rural development, and would not result in an increase in use of resources. (4) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas, including, but not limited to, streets, parking, utilities, fire protection, police and schools; This rezone will not result in a more intensive land use. (5) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner; The proposed zoning will not affect or interfere with the Growth Management Act. (6) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality; This rezone will not result in a more intensive land use. (7) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County comprehensive plan; This rezone will not result in a more intensive land use. The change in zoning of parcel numbers 32232-55-00041 and 32232-55-00040 will create continuity in the zoning in the area. (8) These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. The zoning change proposed is not corrective in nature. MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑ Public Hearing a Other ❑ Department: Community Services Ext: 286 Date: September 4, 2oi8 Agenda Item # (Commissioner Staff To Complete) Briefing Date: August 20, 2018 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing September 4, 2o18 at 9:3o a.m.to consider correcting a mapping error for a parcel mapped as Long Term Commercial Forest that is designated (zoned)as In Holding lands. BACKGROUND: Parcel number 61go8-23-00010 is shown on the Future Land Use Map and the Development Areas(Zoning) Map Panel 7 of 10 as Long Term Commercial Forest (LTCF), although it was designated and approved during the 2000 Comprehensive Plan update as In Holding (IH) lands.This request is to approve the correction to the official maps. The Planning Advisory Commission held a public hearing on July 16, 2018 and after consideration of the staff report and public testimony, voted unanimously to recommend approval of the rezone to the Board of County Commissioners. RECOMMENDED ACTION: Board of County Commissioners shall approve the correction of a mapping error that is mapped as Long Term Commercial Forest but is designated as InHolding Lands(parcel number 61go8-23-00010). ATTACHMENT(S): Ordinance Staff Report with Attachments 8/14/2018 ORDINANCE NUMBER CORRECTION TO MASON COUNTY FUTURE LAND USE MAP AND DEVELOPMENT AREAS MAP PANEL 7 OF 10 FROM LONG TERM COMMERCIAL FOREST TO INHOLDING LANDS ORDINANCE Mason County Future Land Use Map and Development Areas Map (correction) under the authority of RCW 36.7oA. WEIFREAS, the Washington State Growth Management Act (RCW 36.7oA.13o) requires each county, including Mason County, to take legislative action to review and revise its comprehensive plan and development regulations to ensure that the plan and regulations continue to comply with the requirements of the Act; and WI IEREAS, in May 2o18 the Mason County Planning Department discovered a mapping error on the Future Land Use Map and the Development Areas Map Panel 7 of 1o; and W1IFREAS, the Planning Department concluded through research that parcel number 61go8-23-00010 was designated and adopted as Inholding Lands for the June 2000 Comprehensive Plan document; and WTI IEREAS, the same parcel was incorrectly mapped as Long Term Commercial Forest, and WHEREAS, on July 16, 2o18, the Mason County Planning Advisory Commission held a public hearings to consider the correction and passed a motion to recommend approval of said correction; and \N'HI REAS, the Commissioners considered the requested correction at a duly advertised public hearing on September 4, 2o18; and \WHEREAS, the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments and testimony, and considered all the comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the correction to the Future Land Use Map and the Development Areas Map Panel 7 of 10 complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS correction to the Mason County Future Land Use map and Development Areas Map Panel 7 of 10 for parcel 61go8-23-00010 from Long Term Commercial Forest to Inholding Lands. DATED 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 DPA Kevin Shutty, Commissioner z MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health STAFF REPORT Map Correction PAC: Public Hearing Item August 14, 2o18 Staff Contact 615 W. Alder St. Shelton, Wa 98584 36o.427.967o ext. Applicant Department of Community Services 615 W. Alder St. Shelton, Wa 98584 Summary of Proposal Correction to the Future Land Use Map and the Official Development Areas(Zoning) Map Panel 7 of Zo for Parcel 61go8-23-00010 from Long Term Commercial Forest(LTCF)to Inholding Lands(IH). Parcel Information Parcel No: 619o8-23-00010 is Z.00 acres in size and is located off W. Matlock Brady Rd. near the Grays Harbor County boundary line.This parcel is bordered to the north, east, south, and west by LTCF. The subject parcel was designated (zoned) and adopted as IH lands for the June 2000 Comprehensive Plan document. In 2018 the property owner inquired inquired about rebuilding on the parcel which was previously the site of a residence. It was noted by the planner who initially spoke with the owner that the property was designated (zoned)as LTCF and that a single-family residence could not be approved unless the property was redesignated (rezoned) as IH Lands. In researching the parcel further, it was discovered that the property had been listed on the table of parcels that was considered and then approved for IH Lands designation (zoning) nearly 20 years ago for the 2000 Comprehensive Plan update.The Planning Department concluded that a mapping error occurred when the maps were prepared for the June 2000 Comprehensive Plan document and the error has continued in the Mason County GIS. The Planning Department further concluded that the approved Table of Parcels designating and approving IH Lands supercedes mapping and the IH Lands is the recognized designation (zone) of subject parcel. Zoning Information Current Zoning Designation As Mapped: LTCF—Long Term Commercial Forest The purpose of the LTCF designation is to maintain and enhance natural resource based industries,to encourage the conservation of commercial forest lands,to have no net loss of forest lands, and to discourage incompatible land use. Correct Zoning Designation To Be Mapped: IH—Inholding The purpose of the IH designation is to mitigate incompatible land uses between long-term commercial forest lands and the neighboring Inholding Lands. Analysis The subject parcel was developed residentially in 1979 with an approved septic and building permit for a shake mill with residence for family.The parcel's ownership has changed a few times since then with the structure on the parcel noted by the Assessor's Office as removed in 2012. Under Section 17.05.o8o(a) MCC are eight rezone criteria used in review of rezone proposals which would be entered into written findings. These criteria are not addressed because a mapping correction does not constitute a rezone. State Environmental Protection Act (SEPA) Mapping corrections are exempt from SEPA per WAC 197-11-800(6). Public Notification Notice of Public Hearing for Planning Advisory Commission was posted in the Mason-Shelton Journal on July 5, 2018.The public notice for the Board of County Commissioner's public hearing was published in the Journal on August 23& 30, 2018. Summary and Recommendation Staff recommends the BOCC approve this requested correction to the Future Land Use map and the Official Development Areas(zoning) map Panel 7 of 10. Attachments: A. Error Correction Map B. Current Development Areas designation C.Table of Parcels designating Inholding lands(partial list) D.Working map designating Resource Lands(mid-go's) Map Error Correction – Parcel 61908-23-00010 ,-----------` _--_—_----_------- _—_---_--/7 i / t.3r>UMmtn NteflcYltY1 , I ` ---- ---^------ r � N I ! f C , 1 ' 1 � I , i t � , , Currently Zoned—LTCF ftit (Long Term Commercial Forrest) - 0 IH Proposed Zone— �' ► B•r t1 i,_,r.� (Inholding Land) D --------------------------—------ � Joint jkw 5/4/2018, 3:01:44 PM 1:392,284 0^ 0 3.25 6.5 13 mi County Boundary - Inholding Lands � Rural Residential 10Acres ❑ Long Term Commercial Forest i . ,I , . II Development Areas F-I Rural Residential 2.5 Acres ❑ Rural Residential 20 Acres N Rural Tourist 0 5 10 20 km ® Rural Multi Family Sources:Esn,HERE,Garmin,Intermap,increment P Corp,GEBCO,USGS, y E. Rural Residential 5 Acres ED Agricultural Resource Lands ® Rural Tourist-Campground FAO, NPS, NRCAN, Geo Base, IGN, Kadaster NL,Ordnance Survey, Esn Mason County WA GIS Web Map Application Esri,HERE,Garmin,FAO,NOAH,EPA Mason County WA Planning Map ATTACHMENT B. May 8, 2018 1:16,397 0 0.13 0.25 0.5 mi County Boundary Long Term Commercial Forest i.,..I.Tr ' . ' .I I 0 0.23 0.45 0.9 km 1:1No Filled Indian Owned Lands ❑ Tax Parcels(Zoom in to 1:30,000) Rural Area Future Land Use Inholding Lands Copyright:©2014 Esri Olympic National Forest Agricultural Resource Land Olympic National Park Mason County WA GIs Planning Map Application Copyright:©2014 Esri I ATTACHMENT C. Uimproved Improved Timber Use Parcel Acres Acres Acres Acreage Land Use Area Code Category Zoning 520102200050 0 200 0 2 LAND MH IS ON Inholding 1801 1 Inholding 520172190002 0 200 0 2 THREE BEDROOM IHLAND 1113 1 Inholding 520102200060 0 202 0 2.02 LAND MH IS ON Inholding 1801 1 Inholding 520102200070 0 204 0 2.04 TWO BEDROOM Inholding 1112 1 Inholding 520102200080 0 204 0 2.04 FOUR BEDROOM Inholding 1114 1 Inholding 520171290020 0 207 0 2.07 THREE BEDROOM Inholding 1113 1 Inholding 619043100090 0 210 0 2.1 TWO BEDROOM Inholding 1112 1 Inholding 619043200080 106 106 0 2.12 LAND MH IS ON Inholding 1801 1 Inholding 619043290110 0 217 0 2.17 THREE BEDROOM Inholding 1113 1 Inholding 619054400030 0 222 0 2.22 THREE BEDROOM Inholding 1113 1 Inholding 619053300000 0 223 0 2.23 MOBILE HOME RIVER CREEK STREAM Inholding 1905 1 Inholding 619082300010 0 225 0 2.25 THREE BEDROOM Inholding 1113 1 Inholding 619054400050 0 225 0 2.25 LAND MH IS ON INLAND 1801 1 Inholding 619027590021 0 234 0 2.34 LAND MH IS ON IHLAND 1801 1 Inholding 419071290010 0 235 0 2.35 TWO BEDROOM IHLAND 1112 1 Inholding 619152100030 0 240 0 2.4 THREE BEDROOM Inholding 1113 1 Inholding 619152200020 0 242 0 2.42 LAND MH IS ON Inholding 1801 1 Inholding 619177500010 0 250 0 2.5 LAND MH IS ON Inholding 1801 1 Inholding 619181400030 0 250 0 2.5 LAND MH IS ON Inholding 1801 1 Inholding 619221400010 0 250 0 2.5 LAND MH IS ON Inholding 1801 1 Inholding 619291400000 0 250 0 2.5 TWO BEDROOM Inholding 1112 1 Inholding 619027590010 0 257 0 2.57 THREE BEDROOM IHLAND 1113 1 Inholding 619027590020 0 257 0 2.57 THREE BEDROOM IHLAND 1113 1 Inholding ATTACHMENT D. STATE LTMPSON R C -- - _ ♦r5 �< r O �\ // 1v �Q r �♦' SIMPyOfY TBR, COv SIMPSOWSIN � TBR, t0. �/ - ►11I '00I, Gt' I ; ai+'.ibR. ]]L a+�y .�.r '' �R,v 6 .o;.I 11 -yti .�u� u �.e. nMp FR IGn L� �� 1 ar. 1 sTti,TE -,TBR. oNR reOr. PORT. eLAN[LY g TIMp[ 0. S �' SIILIPsoN s Mr. CO. ` ~ y BO'fDMr PL Tie R LL co. "" - �• - ��.." , \ 15 ./o. \ SIMPSo TIMBER S-5cn r r; , °i c �: �� 2 ;:� ♦ y I `'` / - c..rf` r m°`a, s�F11 TBI TE a o- artlns > _ Xt b.. ` e't' I t gT., ,A- StMP$ON TBR.Go i ter' "`.,• /v '7�L I TII•tseR PJI TIMb CO, i^ ,r. I � yl.,�llr '1 F ,/' f, ,� ^p,..''✓ O %li/ OSI 0111 '•l , gR• (+ p. /'<". ' SIMr ON TIMBER Cp. aT.� 1 _.I J•' ///ym,1'. POR BLAN eLY Mt{. CP ��1/// `` F / I F// RT B 4K Elv MI OORk`'FfLaK[LY MY(LL Co. :I TOR. L! -� Y WMJ 'r � .gPNgON RW ee. 9irnpso� Strte _ r � 3or�oM 0�� 4TATE f ! / - ..T•. L I „euro - J. .154AT. MI LLOCON. 0P0° L" OwNEA J t r� ,, I t _ '' �' ^aLwr_.•., i Mee• eN(RELr _ .'. - I ,I .,....a FRhlcT QQU LLUA ER - /,/ slMPson TIME e • z d �wRPDN TMBCR y'r �I /� m ..• .3�/� z fur �i�\• �s = i .,�' o..�" f S t !/bw v ree.cop �� .nev'..e.. wMoscR „MB[w'm a �.1. 'n ..'i•. PORT � glMrSw R CO. � /`l�III J�J ,+'• ?Qb G MILL CO + � , o.. 19 20y/ e ' Y^ iiAl.t4 Ory"' 4NTp J M 1 SIMPSON TIMIS aNFnaoN % PORT\L RLY MILLf V Ill PV(r^y� 0.r j u I c . a r CRT D e ;M r' r 101 •� ) • J•1•.�s ". i �jIMP50N TINeFR Co. MILIAM yy - p, WLLr LANE •. r ' h vMPso / , B a1MPRON T .44) , l� l TBRTFR G, TIMB[R T��,. I/ � •! ,. a1Y'�O� ~'Y'�i�i�r \\ '�R� j � N G LV f -f I cs/t Y N o - A: J}2' ir�e✓ltanv•.ai yr R I - .s .. ✓I'`j("Ir ` ml u� /,+i / tl!J ':.,.c i;• " 1' • _� u o u slMv�soN TDR.C� i •. 51!wsoM TIM! CO otump roRT _ _•---,li it _ s' i.� 1�� uMCL `PRC rte,�r.w�-es rec.�rn � ap�,rovaQ o-F re,-Lone_5. MASON COUNTY PLANNING ADVISORY COMMISSION MASON COUNTY COMMUNITY SERVICES 615 W.ALDER STREET,SHELTON,WA 98584 Meetings held at:Commissioners'Chambers 411 N.5th Street Shelton,WA 98584 REGULAR MEETING JULY 16, 2018 MINUTES,,, Y� 1. CALL TO ORDER AND ROLL CALL ` James Thomas, Planning Advisory Commission Chair,called the meeting to,order at 6:01 p.m.The following commissioners were in attendance: James Thomas De r Marilyn Vogler Brian Jason Bailey Excused:Jamie Bariekman Aaron Cleveland 2. REGULAR BUSINES A. APPROVAL OF MEETING MINUTES AND AGENDA Motion was made by Commissioner Vogler and seconded by Commissioner Smith to approve the minutes from the May 21, 2018 and June 18, 2018 regular meetings as presented. Vote: 5 in favor 1 0 opposed 4,0F 0 abstentions Motion passed B. CHANGES TO THE AGENDA See discussion and vote below the Public Comment on non-agenda items section. C. CONFLICT OF INTEREST This is a short summary of the action that took place during the meeting. The audio recording of the meeting can be found on the Planning Advisory Commission page of the Mason County website. Commissioner Soper mentioned she worked for the Port of Shelton but had no conflict of interest. D. NEXT REGULAR MEETING(S) August 20, 2018 E. COMMITTEE/STAFF UPDATES Kell mentioned that she would be returning with the Public Benefit Rating System at the August PAC meeting.Tonight's meeting was Commissioner Thomas' last meeting with the PAC, as he has not reapplied for appointment. Commissioner Vogler has reapplied for another term. F. OTHER BUSINESS Commissioner Vogler mentioned the comments regarding PBRS from the Mason Conservation District dated May 7, 2018 and that PAC members may want to go over these comments before the next meeting. 3. PUBLIC COMMENT ON NON-AGENDA ITEMS • Ken Van Buskirk-6:10 p.m. Mr.Van Buskirk mentioned three items that he wanted the PAC to consider before the PBRS came back in August: 1)Around 2500 acres being looked at in the Open Space program, with almost 300,000 acres in Designated Forest Land (DFL)that are under an open space cost allocation, potential for DFL not to meet requirements and may fall under PBRS. 2)Tom Davis article on Mason Web editorial section regarding citizen advisory budget group and that the County may want to look at DFL if raising taxes. 3) Mr.Van Buskirk made a public records request for a letter that was sent from Commissioner Thomas to the Board of County Commissioners. Public Comment Closed—6:14 p.m. Kell Rowen mentioned that the Mason County Journal Publication and notices that went out for the rezone hearings tonight, all stated a start time of 6pm. She would advise that they revise the agenda tonight in order to start the hearings, all interested parties were present. Commissioner Vogler made a motion to change the time of the public hearings on the agenda to 6:00 p.m. rather than 6:30 p.m. Motion was seconded by Commissioner Bailey. Vote: 5 in favor 0 opposed 0 abstentions Motion passed 21 Page 4. PUBLIC HEARING—REZONES-6:15 p.m. Map Correction from Long Term Commercial Forest(LTCF)to InHolding Lands (IH), Parcel: 61908-23-00010. (6:15 p.m.) Kell mentioned that there is no formal hearing for this map correction, but it must go through both the PAC and the BOCC to formally update the Future Land Use Maps. Several years back when the maps were colored in by hand the small 1-acre parcel got passed over as Inholding Lands and continued to be mapped as Long Term Commercial Forest, though the parcel was listed and approved for the 2000 Comprehensive Plan document as Inholding.The parcel was brought to the County's attention when the owner called wanting to develop on the property, there had previously been a residence on site for many years.With some research it was found that the parcel had continued through the years incorrectly mapped. No Public Comment Commissioner Smith made a motion to recommend approval of the Map Correction. Motion was seconded by Commissioner Vogler. Vote: 5 in favor 0 opposed 0 abstentions Motion passed Rezone-.44 Acres from Low Density Residential(R-4)to Mixed Use(MU) in the Belfair UGA, Parcel: 12329-12-90011. (6:18 p.m.) Kell mentioned that the applicant was running an auto repair shop in a residential zone, it had been a long time use at this location for 39 years, in current zoning the use is considered legal non-conforming.This limits their ability to expand.The owner was recently allowed an expansion for a visitor waiting area under the American with Disabilities Act.The applicant then came forward for a rezone so that the parcel may be used for other uses under the Mixed Use zone in the future. Public Comment • Rob Gilmore Mr. Gilmore purchased the property a year ago,the same business has been there since 1980.The new owners want the use to be conforming with the zone. • Ken Van Buskirk— 31 Page Mr. Van Buskirk noted that he was fully in support of the rezone, mentioned the Long-Term Agricultural Resource lands in the near vicinity and that new owners should be aware, did not see the CARA information in the application, and certain future uses may not be allowed due to the CARA. He also suggested to the Commissioners the amendment of the 2003 Belfair Sub-Area Plan. Commissioner Vogler asked Kell how new tenants would be aware of the CARA. Kell replied that commercial projects are required to have Pre-Application Meetings and the CARA map would be checked and information or restrictions would be communicated. (6:26 p.m.) Public Comment Closed—6:28 p.m. Commissioner Vogler had issues with the SEPA not being fully answered for this project. Kell noted that it was a state required form and standard across the state, the County has the ability to be more restrictive with SEPA thresholds. Commissioner Thomas added that the specifics of projects weren't always clear at this point. Commissioner Vogler made a motion to recommend the approval of the rezone request submitted by Robert and Melanie Gilmore. Motion was seconded by Commissioner Smith. (6:33 P.M.) Vote: 5 in favor 0 opposed 0 abstentions Motion passed Rezone-.36 Acres from Rural Commercial 3(RO)to Rural Residential 2.5 (RC2.5), Parcel(s): 32232-55-00040 and 32232-55-00041. (6:33 p.m.) Kell mentioned this was an applicant requested rezone.The two parcels are located on the South Shore of Hood Canal, prior to rezone application there was a 6,000 sq. ft. metal storage building, it was removed.The rezone would allow two residential units, it is a downzone, so certain criteria in the review are not applicable. Public Comment • Rick Buechl Mr. Buechl talked about tearing the warehouse down in order to build two residential units, prior attempts to do commercial projects in that area have not panned out. Commissioner Vogler asked the applicant what the dimensions were on the lots.The answer was approximately 110 feet deep and 65 feet in width. 4 1 P a g e Public Comment closed (6:37 p.m.) Commissioner Vogler was troubled with building two residences on 1/3 acre and not everything fitting, she suggested they combine into one lot. Kell noted that they can't require the applicant to get a parcel combination. Commissioner Thomas mentioned this downzone as a good thing in this particular area. Commissioner Bailey made a motion to recommend the approval of the applicant's request for rezone. Motion seconded by Commissioner Soper. (6:43 p.m.) Vote: 5 in favor 0 opposed 0 abstentions Motion passed Rezone—3.85 Acres from Rural Residential 5 (RR5) to Rural Commercial 3(RO), Parcel:32031- 14-00010. (6:44 p.m.) Kell noted that the parcel is located east of and adjacent to N. US 101, west of and adjacent to SE SR 3 and north of and adjacent to where US 101 and SR 3 merge at W. Golden Pheasant. It was undeveloped and across from the Park and Ride.The applicant was not sure what they were going to build yet.The parcel is outside of the Shelton UGA,trees could be left in the northern portion of the parcel to provide a buffer to existing residences and a special use permit can be conditioned to provide such a buffer. Public Comment • Rose Nye—6:50 p.m. Ms. Nye mentioned that there had been previous interest in using this parcel for commercial use, ingress and egress may be issues, her property was across the road, and commercial use could bring opportunity to the area. The PAC was not opposed to commercial use at the location, could open opportunity on that side of Shelton.The issues concerned the intersection at Craig Road and Highway 3.There were questions regarding how the Department of Transportation would address entering the site and additional traffic issues. Commissioner Smith reminded the group that WSDOT can require mitigation wk4ga-te for traffic impacts of access to the use but does not control the useA.There was discussion whether a commercial zone was appropriate and that the increase in traffic could be detrimental, but it was apparent that it was highly unlikely to be developed as residential. It was agreed that the PAC would like to hear what WSDOT's opinion or insight would add to the conversation. 5l Page Commissioner Vogler made a motion to continue the consideration on this rezone request by Huntington Beach Investments, LLC, pending review by WSDOT. Motion seconded by Commissioner Bailey. (7:12 p.m.) Vote: 5 in favor 0 opposed 0 abstentions Motion passed Rezone—35 Acres from Public Institutional(PI) to General Commercial(GC)in the Shelton UGA, Parcel:42002-10-00020. Kell noted that the applicant was Mason County Public Works.The County has decided to surplus and a boundary line adjustment has been completed and recorded. She indicated on the provided map where the BLA had occurred. The surplus agreement was predicated on the rezone and that the county would go out to sell after the rezone is complete.There is also a subdivision request in the works, 5—6 acre lots.The parcel is within the Shelton UGA. Commissioner Thomas talked about the community needing commercial expansion. Public Comment—7:18 p.m. • Rose Nye Ms. Nye mentioned she owned property across the road from the subject parcel. She was curious if there would have to be a two-lane highway if they developed the parcel in question, and if it already had access to city sewer and water. She noted there had been a great push to move development North and not South. She talked about early plans for the Shelton UGA where the concept was to develop within a circle with development equidistant from infrastructure. For her, from a logistics standpoint she was concerned with what was fair to all of Shelton. Ms. Nye believed the Shelton UGA plan should be reevaluated. Commissioner Vogler noted that it was odd that growth kept occurring in the North where there was supposedly less suitable land. Public Comment closed—7:28 p.m. Commissioner Thomas noted that one of the ideas for that area was a hotel,there was no guarantee but there was a great need for commercial development and the infusion of cash by surplus. Commissioner Vogler noted she had heard the conversations about a hotel, but would this area be better suited to public institutional buildings. Kell mention public institutional allowed for parks and community access. Commissioner Vogler noted that that area may be better suited to commercial but thought the County should rezone the same number of acres to Public Institutional somewhere else. Kell added that there were no requirements in the County 6 1 P a g e or State law to rezone specifically for Public Institutional as it was unique to Shelton zoning. Commissioner Thomas added that until the city rehabilitates the South of Shelton, no hotel will locate there. Commissioner Smith mentioned the pocket gophers on site. Kell replied that any development would have to have WDFW to check for gophers. Commissioner Bailey made a motion to recommend approval of the rezone request. Motion seconded by Commissioner Smith. Vote: 5 in favor 0 opposed 0 abstentions Motion passed Other—7:43 p.m. Commissioner Soper mentioned she did not see Commissioner Vogler's comments for these hearings. Commissioner Vogler added that she covered all her questions during the meeting and would make sure that she went over any substantive comments during the meeting and that she didn't want to catch staff off guard by bringing up too many complicated questions during the meeting only. Kell added that she would appreciate getting comments before the meeting, if possible, so that she could address them more fully. Kell mentioned that she talked to Diane Zoren and Melissa Drewry about the Planning Advisory Commission minutes and that the response was that they weren't concerned about having detailed minutes. Kell added that when she takes the PAC recommendations to the BOCC she will convey the concerns of PAC members on topics or split of votes.The time stamp on summary items will help the BOCC to find full conversations more easily on the audio if needed. Commissioner Thomas stated that his work with the PAC has been some of the most rewarding, but he believed it was time to move on. He thanked the other members for their work and time together on the commission. S. ADJOURN Commissioner Thomas called the meeting adjourned at 7:45 pm. 71 Page NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold public hearings at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, September 4, 2018, at 9:30 A.M. SAID HEARINGS will be to consider adopting the following Development Areas (zoning) amendments and correction: • Rezoning parcel #42002-10-00020 from Public Institutional (PI) to General Commercial (GC) within the Shelton Urban Growth Area; • Rezoning parcel #32031-14-00010 from Rural Residential 5 (RR5)to Rural Commercial 3 (RC3); • Rezoning parcel #s 32232-55-00040&41 from Rural Commercial 3 (RC3)to Rural Residential 2.5 (RR2.5); • Rezoning parcel # 12329-12-90011 from Low Density Residential to Mixed Use in the Belfair UGA; and • Correcting a mapping error for a parcel shown as Long Term Commercial Forest that is designated as In-holding Lands. If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. If special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 14th day of August 2018 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Cle k of- a Board c: Journal- Publish 2x: August 23 &30,2018 (Bill: Community Development-615 W.Alder,Shelton,WA 98584)