HomeMy WebLinkAbout2018/10/16 - Regular Packet 16.1
BOARD OF MASON COUNTY COMMISSIONERS
DRAFT MEETING AGENDA
Commission Chambers— 9:00 a.m.
411 North Fifth Street, Shelton WA 98584
October 16, 2018
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Correspondence and Organizational Business
4.1 Correspondence
5. Open Forum for Citizen Input (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 20, 2018 briefing meeting 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 for the Chair to sign a Purchase and Sale Agreement, Closing
- - r - :::: - - - -- : - •;; -
#32019 65 01900, 129 N. 3rd Street for$200,000, both in Shelton. This
•
8.2 Approval of the Memorandum of Understanding (MOU) between the Mason
County Housing Authority and Mason County Community Services (MCCS)
providing clerical support to the Housing Authority. The Housing Authority will
reimburse Community Services $308 per month for this service.
8.3 Approval of the Interlocal Agreement Amendment KC-465-16-A extending the
Household Hazardous Waste Agreement with Kitsap County through June 30,
2019.
8.4 Approval of the amendment to Community Lifeline Professional Services
Contract #CL-2018.2 to increase award for an additional $16,558 from 2163
funding for adult emergency shelter operations.
8.5 Approval to sign a Mason County Park host contract with Lara Nelson for
Foothills Park for the period of October 17, 2018 through December 31, 2019
with the provision for extending additional years upon agreement from both
parties.
Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last
printed on 10/15/18 3:54 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
OCTOBER 16, 2018— PAGE 2
8.6 Approval of Warrants &Treasure Electronic Remittances
Direct Deposit Fund Warrant #s 53500-53878 $ 680,683.49
Salary Clearing Fund Warrant #s 7003946-7003983$ 956,568.46
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 continued from September 25 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. Staff: Diane Zoren
11. Board's Reports and Calendar
12. Adjournment
J:\AGENDAS\2018\2018-10-16 REG.doc
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MASON COUNTY
TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:
FROM: Jennifer Giraldes Ext. 380
DEPARTMENT: Support Services Action Agenda
DATE: October 16, 2018 No. 4.1
ITEM: Correspondence
4.1.1 Homes First sent a letter in regards to shelters for Mason County Veterans.
4.1.2 Washington State Liquor and Cannabis Board sent liquor license applications
for Karen Hilburn Cancer Fund held at Alderbrook Resort 10 East Alderbrook
Drive, Union and Mason General Hospital Foundation held at Little Creek
Casino 91 West State Route 108, Shelton.
4.1.3 Leslie Harrison sent in a follow up letter about the Mason County.jail.
4.1.4 Washington State Liquor and Cannabis Board sent a Notice of Marijuana
Cooperative Registration 91 West Highland Road, Shelton.
1
Attachments: Originals on file with the Clerk of the Board.
Cc:CMMRS Neatherlin, Shutty, Drexler
Clerk
i
1147M C5 I I RST
Board October 10, 2018
Of Directors Mason County Commissioners
411 North 5th Street Ma!_"on C,oi,.nty
Amal Joury
Shelton, WA 98584 ..t�,.iMii ,i
President Dear Commissioners,
Chris Lester We are writing to request a change of use of the home we own at 420 S 7th Street in
Vice President Shelton. For thetwo ast ears we have
p y tapped all area resources to provide a
Beth Brown shelter for Mason County Veterans but we have not found the service provider/s
Treasurer necessary to make it a success in your community,
Sarah Reyneirse
Mary Roberts According to the agreement we signed in October 2016, the intended use of the
Co-Secretary project was to: "be used for the purpose of providing Mason County Veteran's with a
Kai NeizmaIn Shelter and Permanent Supportive Housing." We have found the housing for the
Aaron Rodriguez disabled Veteran-led families to be achievable. Not so for the Shared Housing
Jeannine Roe (shelter) for unrelated male Veterans. However, there is an increased need for
Kevin Sparks Veteran led family homes.
Hallee Starborn We have amplified our presence in the community through participation in the
Mason County Housing Coalition and the Shelton-Mason Chamber of Commerce. We
Senior Staff have increased our direct outreach to the organizations in the community who
Trudy Soucoup provide Veterans services: Crossroads Housing, Community Lifeline, MDC, V.A.,
CEO Mason Veterans Advisory Fund, the VFW, and others. They have not been able to
Ron Stewart either provide ongoing referrals or support
Property Manager p g g pport services necessary for the men in the
Amy Sewell shared home to remain stably housed. In addition, we have received ongoing
Office Manager complaints from the neighbors about illegal and disruptive behavior at this house.
Marjorie Price Without someone in the community who is able, as originally envisioned by all
Development Director
involved parties, to be a local presence and provide regular oversight, this property is
Miguel Pineda not being used for its highest and best purpose.
Volunteer&Outreach
Coordinator
Leah Hawtin We request that we put the home at 410 S 7th into use as a home for a Veteran led
Navigator family. We have been approached by several local service providers who have
We create and maintain families who are looking for a home right now. Together, we could help them have
safe,healthy,and the opportunity for a safe, health and affordable rental home before the winter sets
affordable rental homes y,
for those who i n.
need them most.
A 501(c)(3)Nonprofit Sincerel
Organization
Trud So up, CEO Cc: Todd Parker
Homes First! 5203 i.,cey Blvd Suite A, LACE Y, WA 98503 A 36U36,09 20
_f�rM V _ �4 ...
EQUAL HOUSING l'o�5,�s�irintari N t nl< ry 0:,., y ,
OPPORTUNITY �1�'U="rte 't"`MI i'`'��7�= ^t�I t Ah,aw"T" t �a�r ,,
Cc:CMMRS Neatherlin, Shutty, Drexler
Clerk
WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES
3000 Pacific Ave SE - P 0 Box 43075
Olympia WA 98504-3075
EMAIL SPECIALOCCASIONS@LCB.WA.GOV FAX 360-753-2710
TO: MASON COUNTY COMMISSIONERS OCTOBER 5, 2018 RECEIVED
SPECIAL OCCASION #: 092570
KAREN HILBURN CANCER FUND
2526 LACROSSE COURT Mason County
SHELTON WA 98584 Cnnirnissionors
DATE: OCTOBER 28, 2018 TIME: 4:00 PM TO 9:00 PM
PLACE: ALDERBROOK RESORT - 10 E ALDERBROOK DRIVE, UNION
CONTACT: KAREN HILBURN (DOB 12.27 .1943) 360-427-1336
SPECIAL OCCASION LICENSES
* Licenses to sell beer on a specified date for consumption at a
specific place.
* License to sell wine on a specific date for consumption at a
specific place.
* Beer/Wine/Spirits in unopened bottle or package in limited
quantity for off premise consumption.
* Spirituous liquor by the individual glass for consumption at a
specific place.
If return of this notice is not received in this office within 20 days from the above
date, we will assume you have no objections to the issuance of the license. If
additional time is required please advise.
1. Do you approve of applicant? YES NO
2. Do you approve of location? YES NO
3. If you disapprove and the Board contemplates issuing a
license, do you want a hearing before final action is
taken? YES NO
OPTIONAL CHECK LIST EXPLANATION YES NO
LAW ENFORCEMENT YES NO
HEALTH & SANITATION YES NO
FIRE, BUILDING, ZONING YES NO
OTHER: YES NO
If you have indicated disapproval of the applicant, location or both,
please submit a statement of all facts upon which such objections are based.
DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE
CC:CMMRS Neatherlin, Shutty, Drexler
Clerk
-\ ' ( r,cup
WASHINGTON STATE LIQUOR AND CANNABIS BOARD - License Services
3000 Pacific Ave SE - P 0 Box 43075
Olympia WA 98504-3075
FAX:360-753-2710 EMAIL:specialoccasions@lcb.wa.gov
TO: MASON COUNTY COMMISSIONERS OCTOBER 4, 2018 EM(Le
SPECIAL OCCASION #: 090131 C
MASON GENERAL HOSPITAL FOUNDATION
2505 OLYMPIC HIGHWAY NORTH STE 450 Mason Ccmjilty
SHELTON WA 98584 ('nmrrftsionors
DATE: NOVEMBER 16, 2018 TIME: 10:00 AM TO 11:59 PM
NOVEMBER 17, 2018
PLACE: LITTLE CREEK CASINO RESORT - 91 WEST STATE ROUTE 108, SHELTON
CONTACT: ASHLEY MOORE [DOB: 1.18.90] 360-427-3618
SPECIAL OCCASION LICENSES
* Licenses to sell beer on a specified date for consumption at a
specific place.
* License to sell wine on a specific date for consumption at a
specific place.
Beer/Wine/Spirits in unopened bottle or package in limited
quantity for off premise consumption.
* —Spirituous liquor by the individual glass for consumption at a
specific place.
If return of this notice is not received in this office within 20 days from the above date, we
will assume you Have no objections to the issuance of the license. If additional time is
required please advise.
1. Do you approve of applicant? YES NO
2. Do you approve of location? YES NO
3. If you disapprove and the Board contemplates issuing a
license, do you want a hearing before final action is
taken? YES NO
OPTIONAL CHECK LIST EXPLANATION YES NO
LAW ENFORCEMENT YES NO
HEALTH & SANITATION YES NO
FIRE, BUILDING, ZONING YES NO
OTHER: YES NO
If you have indicated disapproval of the applicant, location or both,
please submit a statement of all facts upon which such objections are based.
DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE
Cc:CMMRS Neatherlin, Shutty, Drexler
Clerk
Leslie J. Harrison
4181 NE Totem Place
VVED
Bremerton, WA 98311 RECIP
(360) 692-4358
11hh,&coincqst.net
OCT 9 2010
October 5, 2018 Mcisoin Ccunty
Gornmissioners
Dear Terri Drexler:
Just a thank you note for your interest in this matter, especially as how it relates
to the functioning of Mason County's government.
After being referred from person to person when calling the County Jail I talked
with Corporal Berick who researched my case and came up with the answer as to what
the fee I "owed" was for Blood Draw. She did an excellent job of it but if this
information had been included in the threatening letter the result would have been more
efficient but also an illustration of the thoughtful service County government provides
for Citizens.
My compliments to the two ladies connected with your office (Melissa and ? Who
were so polite, patient and helpful when I called.
I am including a copy of the letter I sent to the County Jail Administrator along
with my Money Order in the hope that they would handle matters like this in a better
fashion in the future. As one of your Secretaries mentioned the subject of your
"County's Jail Debt Collection" effort was on the agenda for discussion at the coming
Commissioner's meeting so I also include a copy of my "Jail Adm. " letter
Once again, Thank YOUfor your service to all of us.
10
Leslie J. Harrison
4181 (formerly 42oo) NE Totem Place
Bremerton, WA 98311
(360) 692-4358
hl,Q),,c-—orLi ca�t. cLI
October 4, 2018 Copy to Commissioner Terri Drexler
Chief Administrator of Mason County Jail:
In response to your enclosed letter please find my Money Order for $67.10 to
cover the cost of a Blood Draw at the Mason County Hospital on January 13 of 2013.
The fact that it turns out that this amount is justly owed by me is not important in itself.
Rather it is the inept manner in which it has been handled. It took several inquiries on
my part before via Corporal Berick's research I even found out what it was for.
I am pleased to pay this debt but am not pleased with the performance of the
County Sheriff Department's Jail in regards to this debt.
When a person owes Mason County money and it is allowed to go unpaid for five
and a half years with no attempt on the part of the Jail to collect it, a gross disservice is
committed by the responsible agency toward the County's taxpayers. How much more
unpaid money is out there while the taxpayers are expected to cover the agency's costs
while the same agency makes no attempt to recover just debts until years later.
I was not told of the bill verbally then or by mail during all these years.
This "Oh Well, it's the public's money. Don't worry about It" seeming attitude on
the part of some county employees contributes to public disdain for government and
those who work for it. One expects that they, more than others, would be very
conscientious about such matters.
A related issue is the lack of information and the threatening tone of the enclosed
letter. With no explanation of what this fee is for, no signature and not on official
County stationary the recipient naturally assumes in this day of scams that this letter sent
on your behalf is just another scam.
In closing I sincerely believe that most persons working in government on our
behalf are conscientious and work hard at long hours. They often may feel
unappreciated. I am one among many, many who do appreciate our government and
those who labor to make it both acceptable and effective.
But like all good things Mason County's Administration can always use a tweak
here and there to better its services to its owners – the Citizens.
Thank YOU!
Cc:CMMRS Neatherlin, Shutty, Drexler
Clerk
r I m .
From: "Donovan, Brianna (LCB)" <brianna.donovan@lcb.wa.gov>
To: "dlz@co.mason.wa.us" <dlz@co.mason.wa.us>, "meghana@co.mason.wa.us" <meg...
Date: 10/9/2018 2:45 PM
Subject: NOTICE OF MARIJUANA COOPERATIVE REGISTRATION
NOTICE OF MARIJUANA COOPERATIVE REGISTRATION
WASHINGTON STATE LIQUOR AND CANNABIS BOARD
Marijuana Licensing Division
3000 Pacific Ave SE, PO Box 43075
Olympia, WA 98504-3075
Customer Service: (360) 664-1600
Fax: (360) 753-2710
Website:www.Icb.wa.gov<http://www.Icb.wa.gov>
Date: 10/9/18 ( w
�� �18
Mason County
TO: MASON COUNTY COMMISSIONERS COnIrt ossi :ner w,
RE: MARIJUANA COOPERATIVE REGISTRATION
U B I: 9000001290000000
REGISTRATION: 427488
LOCATION ADDRESS: 91 W HIGHLAND RD
SHELTON WA 98584
Privilege Applied For: MARIJUANA COOPERATIVE REGISTRATION
Per RCW 69.51A.250 and WAC 314-55-410, the Liquor and Cannabis Board is notifying you that
an application has been submitted for the registration of a marijuana cooperative with a proposed location
that is within your jurisdiction. You have 20 days from the date of this notice to respond regarding the
registration of this marijuana cooperative. If the Liquor and Cannabis Board does not receive this notice,
or your response to this notice, back within the 20 days, then it will be assumed that you have no
objection to the registration of this marijuana cooperative. If additional time is needed to respond to this
notice submit a written request with the reason more time is needed, for an extension of up to 20 days.
Please respond to this notice if you disapprove of the registration of this marijuana cooperative. The
information about the marijuana cooperative contained within this notice, including the proposed location
for the cooperative, is exempt from public disclosure per RCW 42.56.630 and it should be treated
accordingly.
BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES
Mason County Commission Chambers,411 North 5th Street,Shelton,WA
Week of August 20,2018
Monday,August 20,2018
9:00 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion
Commissioners Neatherlin and Drexler met in a Closed Session from 9:00 a.m.to 9:10 a.m.with
Frank Pinter and Dawn Twiddy for a labor discussion. Cmmr. Shutty was absent.
9:10 A.M. Executive Session—RCW 42.3 0.110(1)(b)Real Estate
Commissioners Neatherlin and Drexler met in Executive Session from 9:10 a.m.to 9:15 a.m. for a
real estate matter with Frank Pinter and Dawn Twiddy. Cmmr. Shutty was absent.
9:15 A.M. Support Services—Frank Pinter
Commissioners Neatherlin and Drexler were in attendance. Commissioner Shutty was absent.
• Public hearing for Lake Kokanee on August 28. Staff will provide a summary of comments
received. This is a Commissioner initiated hearing and there is no specific community driven
request. Lake Kokanee has had restrictions since 1993 when the Code was amended that stated no
personal watercraft and all internal combustion powered motorboats were restricted to 7.5
horsepower engines. In the 2016 Code amendments,somehow Lake Kokanee was added to the
restricted lake list which means electric motors only.
• Frank provided information on the updates from Public Works for Comprehensive Economic
Development Strategy(CEDS)Project List.
9:30 A.M. Juvenile Services-Mike Dunn
Commissioners Neatherlin and Drexler were in attendance. Commissioner Shutty was absent.
• Approval for Juvenile Court Services to recruit a Juvenile Detention Officer.
9:45 A.M. Community Services—Dave Windom
Commissioners Neatherlin and Drexler were in attendance. Commissioner Shutty was absent.
• Kell Rowen reviewed the proposed rezones that will be scheduled in September.Additional
rezones have been submitted and they will be considered at the September Planning Advisory
Commission meeting and then will come forward to the Commissioners.
• Title 15—enforcement code was changed that eliminated the option for a case to go before the
Hearing Examiner. Staff is recommending this option be put back into the Code in order to use it
as an option.
• Public Benefit Rating System will be heard again tonight at the Planning Advisory Commission.
• A news release will be issued soliciting applicants for the Planning Advisory Commission.
• Waste 2 Resources Waste Reduction and Recycling Education program amendment providing
$30,000 was approved to move forward.
• Approval of two Summer 2018 Heritage Grant applications were approved for the Mason County
Genealogical Society and McReavy House and will be placed on the agenda.
• Approval to appoint Christina Lee Williams to the Historic Preservation Commission.
10:15 A.M. BREAK
10:30 A.M. Public Works—Jerry Hauth
Utilities&Waste Management
Commissioners Neatherlin and Drexler were in attendance. Commissioner Shutty was absent.
• Solid Waste Fund will have a budget amendment in the 2018 budget hearing that will be requested
in September.
• There has been a request for a Saturday closure of the Transfer Station. Jerry will bring forward
additional information.
• There was a Day of Caring on Saturday that offered free dumping and there was a big back up of
traffic.
11:00.M.Exeoutivve Session RGA1^,—, 0.1101)(,) Potent:.,,r ifig,+; rescheduled to Tuesday
Mason County Briefing Meeting Minutes
August 20,2018
—ri,:30 A.M. MasonConservationDistfiet john B vxendo Rescheduled to September 17,2018
Tuesday,August 21,2018
9:30 A.M Executive Sessions—RCW 42.30.110(1)(i)—Potential Litigation
Commissioners Neatherlin, Shutty and Drexler met in an Executive Session from 9:30 a.m.to 9:50
a.m.with Tim Whitehead,Frank Pinter,Dawn Twiddy,Jerry Hauth and Bart Step.
A second Executive Session was held from 9:50 a.m.to 10:15 a.m.with Commissioners
Neatherlin, Shutty and Drexler and Tim Whitehead,Frank Pinter and Dawn Twiddy.
10:30 a.m. WA State Association of Counties Annual Courthouse Visit
Commissioners Neatherlin, Shutty and Drexler were in attendance.
Blair Brady,President of the Washington State Association of Counties(WSAC)spoke about a
delineation presentation being presented to the WSAC Board.He addressed the fact that state
mandates are making operations difficult,especially on small counties.
Eric Johnson,WSAC Executive Director began by discussing the strategic litigation and
communication program.He gave a brief history of the program and its overall goals.
Eric handed a packet to the Board about revenue growth and drops.He addressed operating costs,
claims, and financial projections for 2018.He talked about the WSAC decision making process
and action guide in regards to litigation.Washington State currently ranks as one of the lowest in
the nation when it comes to funding Indigent Defense.
The state needs to come up with a funding strategy for culvert replacement state wide.They
project to spend between$4-$7 billion by 2030 which roughly works out to$500 million per year
while the Road fund for all 39 counties in Washington State only brings in$479 million per year.
Eric stated that they are going to speak to Legislation about the stress this will bring to counties.
Unfunded mandates are causing counties to work with less than desirable conditions such as
cutting fairs,parks departments,911 dispatch, etc.Eric noted that these cuts are causing concern
for public safety.Blair spoke to his own struggles as a Commissioner in Wahkiakum County.
Eric reported that nine counties have submitted reimbursement requests for the obligation of ballot
boxes which have all been denied,so outside legal counsel is being looked at. There is also
possibility of legal action against the lack of funding for indigent defense.Cmmr.Neatherlin
spoke to the difficulties faced by Mason County with the cost of Indigent Defense.
Eric talked about other states that have unfunded mandate language that allows the Counties to
appeal when they are unable to afford certain unfunded mandates.
Blair talked about the National Association of Counties(NACo)and handed out information.He
spoke to the various benefits of the association.
Meeting adjourned 11:33 a.m.
Respectfully submitted,
Diane Zoren,Administrative Services Manager
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin Terri Drexler Kevin Shutty
Chair Commissioner Commissioner
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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: October 16, 2018 Agenda Item # S,��
Commissioner staff to complete)
BRIEFING DATE: Requested at October 9 Commission meeting
BRIEFING PRESENTED BY: Kathy Haigh
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval of the Memorandum of Understanding (MOU) between the Mason
County Housing Authority and Mason County Community Services (MCCS) providing
clerical support to the Housing Authority. The Housing Authority will reimburse
Community Services $308 per month for this service.
Background: The Mason County Housing Authority is a public corporation created in
1972. It operates several properties that serve the low income including the
Goldsborough Cove, Fairmont Cove apartments, Pine Gardens, and the Kneeland Park
Apartments.
The Mason County Housing Authority is governed by a 5-member volunteer board that
is appointed by the Mason County Commissioners. In the 2018 Legislative Session,
HB2261 added a new section to chapter 35.83 RCW allowing any state public body to
provide support to the housing authority. The Housing Authority is in need of clerical
support and this MOU will provide this support from the Mason County Community
Services Department.
Budget Impacts: The Housing Authority will reimburse MCCS $308 per month for
clerical support.
RECOMMENDED ACTION: Approval of the Memorandum of Understanding (MOU)
between the Mason County Housing Authority and Mason County Community Services
providing clerical support to the Housing Authority. The Housing Authority will
reimburse Community Services $308 per month for this service
Attachment(s): MOU
1
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MEMORANDUM OF UNDERSTANDING
Between
Mason County Housing Authority p
And Mason County Community Services
Concerning
USE OF STAFF AS CLERICAL SUPPORT
1. Purpose. This agreement is made and entered into between the Mason County
Housing Authority Board of Directors and Mason County. !
1
2. Recitals.
a) To help fulfill its role of addressing homelessness and providing support for
low-income housing, Mason County provides support services on behalf of
individuals and families of Mason County who are in need of affordable
housing.
b) The Chair or designee of the Mason County Housing Authority is authorized to
enter into an agreement with Mason County Community Services to support
the activities of the Housing Authority.
s
3. Agreement. The parties hereto mutually agree to the following understanding
that will result in making Mason County Community Services staff available to Mason
County Housing Authority for use. It is mutually agreed between the parties as
follows:
a) Mason County Community Services Department (MCCS) will provide clerical
support only and that there is no expectation that staff participates as or has
duties of an executive director
b) Mason County agrees that it shall support the Housing Authority Board by j
providing such support as required for Board functions such as agenda
development, minutes production, and Board document retention.
c) MCCS will provide meeting space for Housing Authority board meetings
d) It is understood that MCCS staff will in no way accept management functions,
receipt of rents, etc and those functions will be performed by managers or
management companies as determined by the Housing Authority
e) That the Mason County Housing Authority will reimburse Mason County
Community Services at a rate of$308.00 per month.
f) This agreement shall be valid for one year from the signature date below.
g) This agreement may be cancelled at any time, by either party, by giving 30
I
days notice in writing.
h) This agreement may be amended or extended by written agreement of both
parties.
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Page 1 of 2 January 2018
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4. Witness. In witness thereof, the Mason County Housing Authority has caused 6
this agreement to be executed by the President of its Governing Board, and Mason i
County has caused this agreement to be executed by the Mason County Board of f
Commissioners. Said agreement to become effective and operative upon the fixing
of the last signature hereto.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS R
Chief, Deputy Prosecuting Attorney MASON COUNTY
Timm W`itehead
Randy Netherlain, Chair
Terri Drexler, Commissioner
ATTEST:
gg
9
Clerk of the Board Kevin Shutty, Commissioner
Mason County Housing Authority
President Governing Bo d
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Page 2 of 2 January 2018
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MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Bart Stepp, Deputy Director/U&W Management Action Agenda
DEPARTMENT: Public Works EXT: 207
COMMISSION MEETING DATE: October 16, 2018 Agenda Item #
BRIEFING DATE: October 8, 2018
BRIEFING PRESENTED BY: Bart Stepp
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Kitsap County Household Hazardous Waste Interlocal Agreement Amendment
BACKGROUND: Mason County has an interlocal agreement with Kitsap County to allow Mason
County residents dispose,of Household Hazardous Waste (HHW) at the Kitsap County HHW
Facility in Bremerton. Kitsap County keeps track of the number of Mason County residents who
use the facility and charge the County $50 per customer. This agreement has been in place for
over 20 years, with the current agreement approved by Commissioners on November 22, 2016
that extended the agreement to December 31, 2018.
The Kitsap County facility is open Thursday— Saturday from 10 AM —4 PM, providing additional
hours for Mason County residents beyond what the County provides at our Eells Hill Transfer
Station.
Public Works is proposing to extend the current agreement with the approval of both counties to
June 30, 2019. The cost to Mason County of$50 per customer will not change. The interlocal
agreement has a maximum annual payment of$55,000 (1,100 customers). The last couple
years Mason County has come close to this limit but has not exceeded it.
The proposal is to extend the agreement only six months so that the agreement expiration aligns
with the state budget cycle. Since both Mason and Kitsap County use Local Solid Waste
Financial Assistance (LSFWA) grants to pay for HHW, having this agreement on the same budget
schedule as the state should allow the Counties a better understanding of how much LSFWA
funding each County is receiving during the next agreement.
BUDGET IMPACTS: The cost of this contract is covered by the tipping fee revenue in Solid
Waste Fund #402 and LSWFA grant funds from Ecology.
RECOMMENDED ACTION: Recommend the Board of Commissioners sign the interlocal
agreement amendment KC-465-16-A to extend the Household Hazardous Waste agreement with
Kitsap County through June 30, 2019.
ATTACHMENT(S): Current HHW Interlocal Agreement
Agreement Extension to June 30, 2019
KC-465-16
INTERLOCAL AGREEMENT
BETWEEN KITSAP COUNTY AND MASON COUNTY TO PROVIDE RESIDENTIAL
HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL
OPPORTUNITIES
This agreement is executed between Kitsap County ("Kitsap") and Mason County
("Mason") for the purpose of providing a permanent site with year-round availability for
proper disposal of household hazardous waste ("HHW") to Mason County residents at
the Kitsap County Household Hazardous Waste Collection Facility.
BACKGROUND
WHEREAS, the Kitsap County Moderate Risk Waste ("MRW") Management Plan
(hereinafter the"Plan")was written pursuant to RCW 70.95.220 and adopted by the
Kitsap County Commissioners; and
WHEREAS, Kitsap constructed the HHW Collection Facility (hereinafter"the
Facility") and has operated the Facility since April 18, 1996; and
WHEREAS, the Facility provides year-round availability for the proper disposal of
HHW to Kitsap County residents; and
WHEREAS, HHW disposal is funded through a combination of tipping fees
collected at Olympic View Transfer Station and a portion of the Coordinated Prevention
Grant between the State of Washington Department of Ecology and Kitsap County; and
WHEREAS, Mason residents have utilized the Facility over the past twenty(20)
years and desire to continue use of the Facility; and
WHEREAS, Kitsap and Mason share common goals to: protect watersheds;
protect groundwater and drinking water quality; provide opportunities for residents to
properly dispose of HHW; educate residents about potential hazards regarding storage
of hazardous products; and
WHEREAS, Kitsap and Mason find it is in the best interest of their citizens and in
the public welfare to enter into an interlocal agreement pursuant to RCW 39.34
regarding these common goals; and
WHEREAS, Kitsap agrees to provide year-round HHW collection opportunities to
Mason residents for the waste stream set forth in Exhibit 1, attached hereto; and
WHEREAS, Kitsap agrees to provide year-round HHW collection opportunities to
Mason residents for the fee to Mason set forth below; and
KC-465-16 HHW Disposal for Mason County Residents 1 I P a g e
WHEREAS, Kitsap and Mason are authorized to enter into Interlocal Agreements
pursuant to Chapter 39.34 RCW;
NOW THEREFORE, the parties mutually agree as follows:
The recitals are hereby incorporated into the Agreement by this reference.
Kitsap shall make its facility services available to Mason residents according to
the terms of this Interlocal Agreement, and shall serve as the"lead entity" in the ongoing
administration and implementation of this Agreement.
Mason agrees to (a) advertise the expanded opportunities for HHW collection to
Mason residents; and (b) provide Kitsap with Mason specific MRW education materials
for distribution to Mason customers.
Mason agrees to reimburse Kitsap $50.00 per documented Mason customer.
Notwithstanding the preceding, Mason payments are not to exceed $55,000.00 per year
(1,100 customers) unless specifically approved in writing in advance.
Kitsap shall submit monthly invoices for collection and disposal services pursuant
to this Agreement to which Kitsap is entitled to compensation. Invoices shall detail the
number of Mason customers and describe their waste stream. A copy of Mason
customer sign in sheets will accompany each invoice. Mason shall make payment within
thirty (30) days following receipt of billing. Kitsap shall maintain adequate records to
support billings under this Agreement.
This Agreement shall commence at time of signing, with the effective date on
January 1, 2017, for purposes of cost reimbursement for services, and shall extend
through December 31, 2018. The parties may agree to extend this Agreement for an
additional year by amendment as set forth below.
Kitsap may terminate this Agreement whenever Kitsap determines, in its sole
discretion, that such termination is in the best interests of Kitsap County. Termination of
this Agreement by Kitsap at any time during the term, whether for default or
convenience, shall not constitute a breach of this Agreement.
Mason County may terminate this Agreement upon provision of sixty (60) days
written notice to Kitsap, and shall be liable for all actual costs incurred through the
termination date specified in such notice, consistent with the per customer fees
prescribed above.
If sufficient funds are not appropriated or allocated for payment under this
Agreement for any future fiscal period by Mason, Kitsap shall not be obligated to
provide services after the end of the current fiscal period.
Mason and Kitsap agree to defend, indemnify and hold harmless each other, at
their sole expense, including attorneys' fees,from and against any and all claims,
demands, losses, damages, liabilities, and expenses of any nature whatsoever,
KC-465-16 HHW Disposal for Mason County Residents 2 1 P a 9 e
_1
i
i
including,but not limited to. personal injury or property damage arising out of the _
performance of this Agreement, whether the demand, loss or claim is dud to the
negligence of either Mason,or Kitsap, or of their elected and appointed officials,
officers, employees and agents; exceptfor injury or damages caused by the sole
negligence or willful misconduct of either Kitsap or Mason,its elected or appointed
officials, officers, employees or agents;
This Agreement may be amended only upon the written agreement of the parties
executed with the same formalities required for the execution of this Agreement.:There:
will be a review of per customer costs if an extension is desired;:
Nc separate entity is created by this Agreement and any property purchase
under this Agreement,shali be the property of the purchaser.
This.Agreemerit.shall be, at a minimum,recorded with2 the Kitsap County Auditor:
Any notices and payments shall be mailed io .and the contract'.shall be administered by:
For Kitsap Gourity: For Mason County:.
Kitsap County Public Woks Mason County Public Works Department
Solid Waste Division Utilities and Waste,Management Division
614 Division Street, MS-27 P 0, Box 578
Port Orchard;Washington 9.8366 Shelton,Washington 98584
Atte: Patricia Campbell Attu:.Melissa McFadden
DA.I ED.thisday K` I VAI-Ib-�/;20`16; DATED this 2 day_ -- 2015
BOARD OF COUNTY COMMISSIONERS BOARD OF G.OUNTY°COMM,)SSIONERS
MASON WuNTY,WASHINGTOi4 KITSAP COUNTY,WASHINGTON
TERR{JEFF_ Y ;Chair ED DV{I
E. OLFE, Chair
TIM SHELDO.N,
Commissioner G ARL-OTTE GAWD.O, Commissioner
RA: DY NEATHE LIN', Commissioner ROBERT GELD:ER, Gommissi.o, er j,x
ATTEST:. ATTEST: j
Clerk o he Board Dana Den`ie1s, Clerk of the Baarda F
Approved as to form: Approved as to farm by Me f9tsa�x.Counfyj'rosecu6ni7
rimUYhifehead CjzxefAF-A... AWarnes Office�
3 Pa`e
KC-4:65-16 HHW Disposal for Mason County Residents )
EXHIBIT 1
A-Fuels
Aerosols _
Antifreeze
Auto Batteries
Cleaners
Household Batteries
Latex Paints
Mercury Lamps
Motor Oil
Oil Based Paints
Poisons
KC-465-16 HHW Disposal for Mason County Residents 4 P a g e
INTERLOCAL AGREEMENT AMENDMENT KC-465-16-A
BETWEEN KITSAP COUNTY AND MASON COUNTY
TO PROVIDE RESIDENTIAL HOUSEHOLD HAZARDOUS WASTE
COLLECTION AND DISPOSAL OPPORTUNITIES
This Amendment is executed between Kitsap County ("Kitsap") and Mason County
("Mason") for the purpose of extending KC-465-16-A an additional six (6) month to
match the fiscal term of the state.
In consideration of the mutual benefits and covenants contained herein, the parties
agree that their Interlocal Agreement, numbered as KC-465-16, and executed on
December 12, 2016, shall be amended as follows:
This Amendment shall extent the term of the Agreement through June 30, 2019.
Mason agrees to reimburse Kitsap $50.00 per documented Mason customer.
Notwithstanding the preceding, Mason payments are not to exceed $27,500.00
(550 customers) unless specifically approved in writing in advance.
Any notices and payments shall be mailed to and the contract shall be
administered by:
For Kitsap County:
Kitsap County Public Works
Solid Waste Division
614 Division Street, MS-27
Port Orchard, Washington 98366
Attn: Patricia Campbell
For Mason County:
Mason County Public Works Department
Utilities and Waste Management Division
P.O. Box 578
Shelton, Washington 98584
Attn: Bart Stepp
Except as expressly provided in this Amendment, all other terms and conditions of the
original Agreement shall remain in full force and effect.
The effective date of this Amendment shall be December 31, 2018.
KC-465-16-A ILA Mason County HHW Services 1 I P a g e
i
1
I
DATED this day , 2018 DATED this day , 2018
BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON KITSAP COUNTY, WASHINGTON
RANDY NEATHERLIN, Chair ROBERT GELDER, Chair
TERRI DREXLER, Vice Chair EDWARD E. WOLFE, Commissioner
KEVIN SHOTTY, Commissioner CHARLOTTE GARRIDO, Commissioner
ATTEST: ATTEST:
Melissa Drewry, Clerk of the Board Dana Daniels, Clerk of the Board
Approved as to form: Approved as to form by the Kitsap County
Tim Whitehead, Chief DPA Prosecuting Attorney's Office
KC-465-16-A ILA Mason County HHW Services 2 P a g e
1
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Todd Parker Action Agenda X_
Public Hearing
Other
DEPARTMENT: Community Services EXT:
COMMISSION MEETING DATE: 10/16/18 Agenda Item # atm
commissioner staff to com tete
BRIEFING DATE: 10/8/18
BRIEFING PRESENTED BY: Todd Parker
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM:
Amendment to Community Lifeline Professional Services Contract #CL-2018.2
to increase award for an additional $16,558 from 2163 funding.
Background:
No new information since the briefing.
RECOMMENDED ACTION:
Approval of$16,568 additional funding from the Local Document Recording fees to
amend Community Lifeline Professional Services Contract #CL-2018.2 for shelter
operations to enable the adult emergency shelter operated by Community Lifeline to
be open the full 6-month duration.
Attachment(s):
Contract Amendment
I:\Community Services-Public Health\PH_10.16.18 A.Agenda_CL award.doc
i
Contract Between 1
Mason County
and
Community Lifeline
Professional Services Contract#CL-2018.2
Amendment # 1
1
The purpose of this amendment is to increase the total award of the contract.
IT IS MUTUALLY AGREED THEREFORE: That the Original Contract is hereby amended as follows:
1. TOTAL AWARD
This amendment provides $16,568 additional funding for the Adult Emergency Shelter to remain open
for the 6-month duration of the Special Use Permit from November 1, 2018—April 30, 2019.
2. FUNDING
$16,568 for Shelter Operations
ALL OTHER TERMS AND CONDITIONS of the original Contract and any subsequent amendments hereto
remain in full force and effect.
WITNESS WHEREOF,the undersigned has affixed his/her signature in execution thereof on the day
of , 2018.
CONTRACTOR MASON COUNTY
Bert Pedersen Randy Neatherlin, Chair
Community Lifeline,Board Chair Mason County Board of County Commissioners
1
1
Attachment A
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Ross McDowell Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Parks &Trails Department EXT: 806
COMMISSION MEETING DATE: 10/16/2018 Agenda Item # w
Commissioner staff to complete)
BRIEFING DATE: 10/15/2018
BRIEFING PRESENTED BY: Ross McDowell
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Mason County Park Host Contract
New — Lara G. Nelson for Foothills Park
BACKGROUND:
Mason County Parks &Trails Department has one new applicant for park host, Lara G.
Nelson, who is interested in contracting to serve as park host at Foothills Park in
Hoodsport. As park host, she will add security; do light maintenance and grounds
keeping. The contract is for just over one year period (October 17, 2018 through
December 31, 2019) and can be extended to multiple years.
Lara G. Nelson was interviewed and she understands the time demands of park host.
Lara has passed a WSP back ground check and her references had positive remarks
for her.
BUDGET IMPACTS:
None
RECOMMENDED ACTION:
The Mason County Parks &Trails Department recommends that the Board of County
Commissioners sign a Mason County Park Host contract (October 17, 2018 through
December 31, 2019) with a provision for extending additional years with agreement
from both parties.
ATTACHMENT(S):
Mason County Parks and Trails on-site Park Host Contractual Agreement
H:\Facilities&Parks\Parks\Caretaker-Park Hosts\2018\Foothills\Commission Summary Foothills Park
Host 10-2018.doc
Park Host Contract Page 1 of 3
MASON COUNTY PARKS AND TRAILS On-site Park Host
CONTRACTUAL AGREEMENT
AGREEMENT made between Lara G. Nelson , of Mason County, hereinafter referred to as On-site Park
Host and MASON COUNTY PARKS AND TRAILS DEPARTMENT, State of Washington, County of Mason, State of
Washington, hereinafter referred to as Contractor.
RECITALS: Park Host is willing to be contracted by Contractor, and Contractor is willing to contract the Park
Host, on the terms, covenants, and conditions set forth hereinafter including such terms, covenants and
conditions as may be set forth hereinafter.
SECTION ONE— DUTIES. Contractor hereby engages Park Host as the Park Host of MASON COUNTY PARKS
AND TRAILS DEPARTMENT, Foothills Park , Hoodsport, Washington.
The duties of MASON COUNTY PARKS AND TRAILS Park Host specifically require:
♦ Being at the Mason County Park site during the hours of darkness and during the day on Friday, Saturday,
Sunday and Holidays.Time off during the week is allowable, please notify the contractor.
♦ Park Host will open and close the park daily in accordance with park hours as deemed so by Contractor. The
evening security round shall consist of ensuring the doors of all buildings or restrooms are locked, gates are
shut and locked, and all guests are off the grounds.
♦ Conduct a daily park inspection, advising Mason County Parks and Trails Department of any hazardous or
unsafe condition that may exist; any broken fixtures, lighting or plumbing and any vandalism to the park
facilities.
Perform light maintenance of park grounds as directed, i.e. stock and clean restrooms, litter pick-up, and
other duties as assigned.
♦ Park Host agrees to call the Mason County Sheriff if anything out of the ordinary is observed or heard; but
under no condition or situation will attempt to apprehend the person(s) so acting.
♦ Requests for off duty time shall be negotiated with the Contractor.
♦ Park Host is required to make the appropriate contacts if any situation should require intervention by parks
staff or law enforcement. Contact persons are:
1. Carl Olson 360-427-9670, extension 535
Cell: 360-490-0539
Home: 360-432-0465
2. Ross McDowell 360-427-9670, extension 806
Cell: 360-490-7646
Home: 360-751-2961
OR
Emergency: 911
f
Park Host hereby accepts and agrees to such engagement, subject to the general supervision and pursuant to the
orders, advice and direction of related services and duties as may be assigned to him/her from time to time by
Contractor, subject to mutual consideration of Section Three.
1
1
Park Host Contract Page 2 of 3
i
SECTION TWO -TERMS. The term of this agreement shall be from October 17, 2018 to December 31,
2019.
SECTION THREE - COMPENSATION TO PARK HOST/RESIDENT. Contractor shall provide for Park Host,
and Park Host shall accept from Contractor, in full payment for Park Host services the following: A designated
park host site located at the park. Be it understood that the Park Host shall be responsible for providing his/her
telephone carrier and long distance service. Contractor shall provide electrical utilities, water, septic and garbage
service.
SECTION FOUR—PARK HOST/RESIDENT BENEFITS. It is understood and agreed by both Contractor and
Park Host that Park Host is not an employee of Contractor and shall not receive the benefits available to Mason
County Employees including, but not limited to: vacation time, sick leave, personal holiday, medical insurance,
dental insurance, vision insurance, etc. It is further agreed by the Contractor to carry Industrial Insurance
coverage on the Park Host.
SECTION FIVE—CONDITIONS OF SERVICE. Park Host shall maintain designated residential area in a neat,
orderly manner, and shall prevent the accumulation of debris, or any other material or objects which are not
compatible to the environment of the park area such as metal, lumber or wood products, abandoned vehicles or
appliances, tires or any other like materials.
No services or activities shall be undertaken on Mason County Parks Property which result in compensation or
benefit to the Park Host. There shall be no unauthorized or private use of park.
All residents at the County-owned premises shall undergo a Washington State Patrol Background Check that
indicates they are acceptable for involvement with youth activities. No illegal activities involving the Park Host
shall be undertaken or allowed to take place on or about the park properties or Park Host residence.
Only the Park Host shall be allowed to operate County-owned equipment, and then, only in the performance of
work approved by the County.
Residence in County-owned facilities is restricted to the Contractor and their immediate family. Residence shall
be defined as any extended stay of more than one week in a calendar month. Immediate family shall mean the
spouse and or legal dependants of the Contractor.
SECTION SIX- CONFLICTING OBLIGATION. In cases of emergency or conflicting obligation, the Park Host
is responsible for the continued completion of the duties specified in this contract. If the Park Host is unable to
resolve the conflict, Mason County Parks and Trails Director must be notified.
SECTION SEVEN - CONTRACT AUTHORITY RESERVED BY COUNTY. Notwithstanding anything contained
herein to the contrary, Contractor shall not have the right to make any contracts or commitments for, or on behalf
of the County without the written consent of the County
SECTION EIGHT- ENTIRE AGREEMENT. This Agreement, together with any Attachments, represents the
obligations of both the County and the Contractor in their entirety. No other representations, whether verbal or in
writing, that are not contained herein, shall be binding upon the parties.
SECTION NINE -AMENDMENT OF AGREEMENT. This Agreement may be changed or modified only with the
mutual agreement of both the Contractor and the Park Host, and only then upon approval through the
appropriate processes then in effect for the County for the obligations contained in any modification or change.
SECTION TEN - TERMINATION. This agreement may be terminated by either party, without cause, upon six
weeks written notice to the other. In case of any violation of the terms of this Agreement by Contractor, or the
physical inability of the Contractor to perform the required duties, the County may terminate employment
immediately, with compensation only to the date of such termination.
1
Park Host Contract Page 3 of 3
4 I
SECTION ELEVEN - SEVERABILITY. In the event that any competent court finds any specific term or
provision of this Agreement invalid, the remaining terms and provisions shall be in full force and effect as if such
provisions were not contained herein.
SECTION TWELVE - CHOICE OF VENUE. It is the intention of the parties that all suits and special proceedings
pertaining to the enforcement of this Agreement shall be in accordance with and pursuant to the laws of the State
of Washington. Any actions or matters shall come before the courts of Mason County, Washington for actions
and/or decisions.
SECTION THIRTEEN -TERMINATION FOR DISABILITY. Notwithstanding anything in this agreement to
the contrary, Contractor is hereby given the option to terminate this agreement in the event that Park Host shall,
during the term hereof, become permanently disabled, as the term permanently disabled is hereinafter fixed and
defined. Such option shall be exercised by Contractor giving notice to Park Host by registered mail, addressed to
him/her at or at such other address as Contractor shall designate in
writing. On the giving of such notice, this Agreement shall cease on the last day of the month in which the notice
is mailed, with the same force and effect as if such last day of the month were the date originally herein set forth
as the termination date thereof.
For the purpose of this agreement, Park Host shall be deemed to have become permanently disabled if, during
any year of the term hereof, because of ill health, physical or mental disability or for other cause beyond his/her
control he/she shall have been continuously unable or unwilling or shall have failed to perform his/her duties for a
total period of thirty (30) days, irrespective of whether or not such days are consecutive. For the purpose hereof,
the term any year of the term hereof, is defined to mean any 12-month calendar year period during the Park
Host's affiliation with the Contractor in the capacity of Mason County Parks and Trails Park Host.
SECTION FOURTEEN - SAFETY POLICY. It shall be a condition of employment to follow all safety practices
set forth in Mason County Accident Prevention Policy and the State of Washington.
IN WITNESS WHEREOF, the parties have executed this agreement at Shelton, Washington on this, the
day of , 20
ON-SITE PARK HOST Tim Whitehead, Chief Deputy Prosecutor
BOARD OF MASON COUNTY COMMISSIONERS
Lara G. Nelson
Randy Neatherlin, Chair
Date:
Kevin Shutty, Commissioner
ATTEST:
Terri Drexler, Commissioner
Melissa Drewry, Clerk of the Board
APPROVED AS TO FORM:
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Jennifer Giraldes Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Support Services EXT: 380
DATE: October 16, 2018 Agenda Item
(Commissioner staff to complete)
BRIEFING DATE:
BRIEFING PRESENTED BY:
[X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM:
Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant#s $
Direct Deposit Fund Warrant #s 53500-53878 $ 680,683.49
Salary Clearing Fund Warrant #s 7003946-7003983 $ 956,568.46
Background: The Board approved Resolution No. 80-00 Payment of Claims Against County:
Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason
County Code 3.32.060(a) requires that the board enter into the minutes of the County
Commissioners the approval of claims listing warrant numbers.
Claims Clearing YTD Total $ 20,815,676.11
Direct Deposit YTD Total $ 13,353,645.80
Salary Clearing YTD Total $ 14,335,182.51
Approval of Treasure Electronic Remittances YTD Total $ 7,290,395.08
RECOMMENDED ACTION:
Approval to: Move to approve the following warrants:
Claims Clearing Fund Warrant #s $
Direct Deposit Fund Warrant #s 53500-53878 $ 680,683.49
Salary Clearing Fund Warrant #s 7003946-7003983 $ 956,568.46
Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of
the Board)
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Zoren Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 747
DATE: October 16 continued from September 25, Agenda Item # eo'
2018 (Commissioner staff to complete)
BRIEFING DATE: 8/27/18, 10/8/18
BRIEFING PRESENTED BY: Support Services
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Public hearing continued from September 25 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 held a public hearing on September 25 to consider
changing the Motorboat Regulations to allow property owners latitude on the placement of
buoys and the hearing was continued to October 16. A briefing was held on October 8 to
discuss potential changes.
Proposed language changes to Chpt. 9.04.235—Shoreline marker buoys
Lake waterfront property owners may place one appropriate floating buoy up to one hundred
fifty [feet] from their respective shoreline to mark the minimum water skiing distance on fresh
water. Such buoys shall be anchored individually and shall not be connected to any other
neighboring buoy by any means. An appropriate buoy shall be round in shape, with a diameter
of at least twelve inches, and shall be red in color. Any person choosing to place out such a
buoy shall assume all responsibility for the buoy.
Homeowners organizations with the authority to restrict access to freshwater bodies may place
buoys up to 150 feet from the shoreline in the pattern and amount necessary for regulation
safety.
Budget Impacts: $150 notice for public hearing notice.
RECOMMENDED ACTION: Approval to amend the Motorboat Regulations, Resolution No.
57-18, Mason County Code Chapter 9.04.25 Shoreline marker buoys by adding"up to"one fifty
feet and adding the following language to the chapter: "Homeowners organizations with the
authority to restrict access to freshwater bodies may place buoys up to 150 feet from the
shoreline in the pattern and amount necessary for regulation safety".
Attachment(s): Draft amended Boating Regulations
RESOLUTION NO.
AMENDING RESOLUTION 57-18 RELATING TO MOTORBOAT REGULATIONS CHAPTER 9.04.235
SHORELINE MARKER BUOYS
WHEREAS, pursuant to the police power found in Section 11, Article XI of the Washington State
Constitution, Mason County is authorized to regulate watercraft on waters within Mason
County's jurisdiction;
WHEREAS, Chapter 9.04 was added to Mason County Code on August 1, 1960 relating to
motorboats and several amendments have subsequently been made;
WHEREAS, the County Commissioners held a public hearing on September 25, 2018 to consider
public comment on amending Mason County Code Chapter 9.04.235, Shoreline Marker Buoys;
the hearing was continued to October 16, 2018;
NOW, THEREFORE BE IT RESOLVED by the Board of Mason County Commissioners that Mason
County Code Chapter 9.04.235, Shoreline Marker Buoys, is amended as follows: Lake
waterfront property owners may place one appropriate floating buoy up to one hundred fifty
feet from their respective shoreline to mark the minimum water skiing distance on fresh water.
Such buoys shall be anchored individually and shall not be connected to any other neighboring
buoy by any means. An appropriate buoy shall be round in shape, with a diameter of at least
twelve inches, and shall be red in color. Any person choosing to place out such a buoy shall
assume all responsibility for the buoy.
Homeowners or with the authority to restrict access to freshwater bodies may place
buoys up to 150 feet from the shoreline in the pattern and amount necessary for regulation
safety as reflected in Attachment A.
Adopted and effective this 16th of October, 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
J:\DLZ\Motorboat Regulations\Motorboats Resolution -Shoreline Marker Buoys Oct 2018.docx
Attachment A
Chapter 9.04- MOTORBOATS"'
9.04.010- Intention of chapter.
It is the policy of Mason County to promote safety and enjoyment of persons using the waters of this
county. This chapter is intended to supplement but not infringe upon the boating safety laws and
regulations of the state and the United States.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.020- Definitions.
The words listed below as used in this chapter mean as follows:
"Authorized emergency vessel" means those vessels of a county or municipal police or fire
department, the United States Government and the state of Washington equipped with the blue warning
lights and siren.
"COLREGS" means the International Regulations for Preventing Collisions at Sea.
"Diver's flag" means a red and white flag five units, of measurement on the hoist by six units of
measurement on the fly with a white stripe of one unit crossing the red diagonally (the flag to have a
stiffener to make it stand out from the pole or mast). This flag shall only pertain to skin and SCUBA (self-
contained underwater breathing apparatus) diving and shall supplement any nationally recognized diver's
flag or marking. Unit of measurement shall not be less than two inches.
"Motorboat" means any vessel propelled in any respect by machinery and/or any vessel air/water jet
propelled, including those temporarily equipped with detachable motors.
"Operator" means an individual who steers, directs, or otherwise has physical control of a vessel that
is underway or exercises actual authority to control the person at the helm.
"Person"means any natural person, partnership, association, or corporation.
"Personal flotation device" means life preservers, buoyant vests, special purpose water safety
devices, buoyant cushions, ring buoys, and work vests.
"Personal watercraft" is a vessel of less than sixteen feet which uses a motor powering a jet pump as
its primary source of motor power and which is designed to be operated by a person sitting, standing or
kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or
standing inside the vessel.
"Pier" means any commercial or public pier, wharf, dock, float, gridiron or other structure intended to
provide for the loading or unloading or other discharge of vessels or for their service or repair, or to
provide access for persons to the water from the shore for fishing, swimming or any other water-related
activity.
"RCW" mean Revised Code of Washington.
"Restricted area" means an area that has been designated to be used for, or closed to, certain
purposes such as swimming, underwater diving and competitions or exhibitions.
"Swimming" means floating on an air mattress, inner tube or other similar inflatable device (not
including inflatable rafts) as well as propelling or floating oneself in the water.
"Underwater diving" means the activity of submerging in water while equipped with snorkeling, hard
hat, or scuba diving equipment.
Page 1 of 17
Attachment A
"Vessel" means any contrivance used or designed for navigation or as a means of transportation on
water.
"Waters", means any waters within the territorial limits of Mason County.
"Water skier" means a person in tow from a vessel riding on water skis, aquaplane, surfboard, or
other similar device.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.030- Numbering required.
All vessels used on the waters of this county shall be numbered or designated in accordance with
any applicable RCW as now or hereafter amended.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.035- Requirements to operate motor driven boats/vessels
Operators shall comply with requirements in RCW 79A 60.640 as now or hereafter amended
(a) No person shall operate or permit the operation of motor driven boats and vessels with a
mechanical power of fifteen horsepower or greater unless the person:
(1) Is at least twelve years of age, except that an operator of a personal watercraft shall
comply with the age requirements under RCW 79A.60.190; and
(2) a. Has in his or her possession a boater education card, unless exempted under
subsection (c) of this section; or
b. Is accompanied by and is under the direct supervision of a person sixteen years of
age or older who is in possession of a boater education card.
(b) The following persons are not required to carry a boater education card:
(1) The operator of a vessel engaged in a lawful commercial fishery operation as licensed by
the department of fish and wildlife under Title 77 RCW. However, the person when
operating a vessel for recreational purposes must carry either a valid commercial fishing
license issued by the department of fish and wildlife or a boater education card;
(2) Any person who possesses a valid marine operator license issued by the United States
coast guard when operating a vessel authorized by such coast guard license. However, the
person when operating a vessel for recreational purposes must carry either a valid marine
operator license issued by the United States coast guard or a boater education card;
(3) Any person who is legally engaged in the operation of a vessel that is exempt from vessel
registration requirements under chapter 88.02 RCW and applicable rules and is used for
purposes of law enforcement or official government work. However, the person when
operating a vessel for recreational purposes must carry a boater education card;
(4) Any person at least twelve years old renting, chartering, or leasing a motor driven boat or
vessel with an engine power of fifteen horsepower or greater who completes a
commission-approved motor vessel safety operating and equipment checklist each time
before operating the motor driven boat or vessel, except that an operator of a personal
watercraft shall comply with the age requirements under RCW 79A.60.190;
(5) Any person who is not a resident of Washington state and who does not operate a motor
driven boat or vessel with an engine power of fifteen horsepower or greater in waters of the
state for more than sixty consecutive days;
Page 2 of 17
Attachment A
(6) Any person who is not a resident of Washington state and who holds a current out-of-state
or out-of-country certificate or card that is equivalent to the rules adopted by the
commission;
(7) Any person who has purchased the boat or vessel within the last sixty days, and has a bill
of sale in his or her possession to document the date of purchase;
(8) Any person, including those less than twelve years of age, who is involved in practicing
for, or engaging in, a permitted racing event where a valid document has been issued by
the appropriate local, state, or federal government agency for the event, and is available
for inspection on-site during the racing event;
(c) Except as provided in subsection (b)(1)through (8) of this section, a boater must carry a boater
education card while operating a vessel and is required to present the boater education card, or
alternative license as provided in subsection (b)(1) and (2) of this section, to a law enforcement
officer upon request.
(d) Failure to possess a boater education card required by this section is an infraction under
chapter 7.84 RCW. The penalty shall be waived if the boater provides proof to the court within
sixty days that he or she has received a boater education card.
(e) No person shall permit the rental, charter, or lease of a motor driven boat or vessel with an
engine power of fifteen horsepower or greater to a person without first reviewing with that
person, and all other persons who may be permitted by the person to operate the vessel, all the
information contained in the motor vessel safety operating and equipment checklist.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.040-Equipment.
A vessel shall carry and use in the manner prescribed that equipment, including personal flotation
devices, visual distress signals, means of ventilation, navigation lights, fire extinguishing equipment, and
backfire flame control devices required for such vessel as now or hereafter amended.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.050-Whistles and lights.
Except when necessary as a warning or in an emergency it is unlawful for any person to blow or
sound a whistle or horn of any vessel or shine a search light or other bright light onto any houseboat or
other residence, or onto the bridge or into the pilothouse or any other area of any vessel under way in a
manner likely to reduce the vision of the operator.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.060- Mufflers.
(a) It is unlawful for any person to operate any vessel, except aircraft, which is not equipped with a
functioning underwater exhaust or a properly installed and adequately maintained muffler. Any of the
following defects in the muffling system shall constitute a violation of this section.
(1) The absence of a muffler;
(2) The presence of a muffler cut-out, bypass, or similar device;
(3) Defects in the exhaust system, including, but not limited to pinched outlets, holes, or rusted-
through areas of the muffler or pipes;
Page 3 of 17
Attachment A
(4) The presence of equipment which will produce excessive or unusual noise from the exhaust
system;
(5) Dry stacks or water-injected stacks not containing a series of chambers or mechanical designs
effective in reducing sound shall not be considered as adequately maintained mufflers.
(b) Subsection (a) of this section shall not apply to the operation of vessels in regattas, races, water ski
tournaments, competitions, exhibitions or trials therefor, or aquatic events which have been
authorized by the board of county commissioners. Such vessels shall not exceed any applicable
county noise requirements as now or hereafter amended.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.070- Negligent operation.
A person shall not operate a vessel in a negligent manner. For the purposes of this section, to
"operate in a negligent manner" means operating a vessel in disregard of careful and prudent operation,
or in disregard of careful and prudent rates of speed that are no greater than is reasonable and proper
under the conditions existing at the point of operation, taking into account the amount and character of
traffic, size of the lake or body of water, freedom from obstruction to view ahead, effects of vessel wake,
and so as not to unduly or unreasonably endanger life, limb, property or other rights of any person entitled
to the use of such waters.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.080- Reckless operation.
It is unlawful for any person to operate a vessel in a reckless manner. For the purpose of this
section, to "operate in a reckless manner" shall be construed to mean the operation of a vessel in willful
or wanton disregard for the safety of persons or property.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.090-Operation while under the influence of liquor or drugs.
It is unlawful for any person to operate a vessel while under the influence of liquor or drugs in
accordance with RCW 79A.60.040 as now or hereafter amended.
(a) It is unlawful for a person to operate a vessel while under the influence of intoxicating liquor,
marijuana, or any drug. A person is considered to be under the influence of intoxicating liquor,
marijuana, or any drug if,within two hours of operating a vessel:
(1) The person has an alcohol concentration of 0.08 or higher as shown by analysis of the
person's breath or blood made under RCW 46.61.506; or
(2) The person has a THC concentration of 5.00 or higher as shown by analysis of the
person's blood made under RCW 46.61.506; or
(3) The person is under the influence of or affected by intoxicating liquor, marijuana, or any
drug; or
(4) The person is under the combined influence of or affected by intoxicating liquor,
marijuana, and any drug.
(b) The fact that any person charged with a violation of this section is or has been entitled to use
such drug under the laws of this state shall not constitute a defense against any charge of
violating this section.
Page 4 of 17
Attachment A
(c) (1) Any person who operates a vessel within this state is deemed to have given consent,
subject to the provisions of RCW 46.61.506, to a test or tests of the person's breath for the
purpose of determining the alcohol concentration in the person's breath if arrested for any
offense where, at the time of the arrest, the arresting officer has reasonable grounds to
believe the person was operating a vessel while under the influence of intoxicating liquor or
a combination of intoxicating liquor and any other drug.
(2) When an arrest results from an accident in which there has been serious bodily injury to
another person or death or the arresting officer has reasonable grounds to believe the
person was operating a vessel while under the influence of THC or any other drug, a blood
test may be administered with the consent of the arrested person and a valid waiver of the
warrant requirement or without the consent of the person so arrested pursuant to a search
warrant or when exigent circumstances exist.
(3) Neither consent nor this section precludes a police officer from obtaining a search warrant
for a person's breath or blood.
(4) An arresting officer may administer field sobriety tests when circumstances permit.
(d) The test or tests of breath must be administered pursuant to RCW 46.20.308. The officer shall
warn the person that if the person refuses to take the test, the person will be issued a class 1
civil infraction under RCW 7.80.120.
(e) A violation of subsection (a) of this section is a gross misdemeanor. In addition to the statutory
penalties imposed, the court may order the defendant to pay restitution for any damages or
injuries resulting from the offense.
(f) The refusal of a person to submit to a test of the alcohol concentration, THC concentration, or
presence of any drug in the person's blood or breath is not admissible into evidence at a
subsequent criminal trial.
(g) A person's refusal to submit to a test or tests pursuant to RCW 79A.60.040(4)(a) constitutes a
class 1 civil infraction under RCW 7.80.120.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.100- Incapacity of operator.
It is unlawful for any person who owns or is in control of any vessel to authorize or knowingly permit
the same to be operated by any person who by reason of physical or mental disability, incapacity or
immaturity is incapable of operating such vessel under the prevailing circumstances, including the type,
size and motive power of the vessel, and the weather and water condition's.
r
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.120-Steering and sailing.
Except as provided elsewhere herein, all vessels using the waters of Mason County shall comply
with the steering and sailing rules contained in the International Regulations For Preventing Collisions At
Sea, 1972, also known as the 72 COLREGS (Codified By Title 33, CFR, Part 81-72 and Appendix A
thereof).
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.125-Traffic pattern.
All vessels in fresh water lakes shall travel in a counter-clockwise pattern at all times.
Page 5 of 17
Attachment A
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.126-Operation right-of-way rules.
The operation rules between vessels shall be in accordance with current version of COLREGS and
are provided as follows:
(a) When two vessels are approaching each other head on, or so nearly as to involve the risks of
collision, each vessel shall bear to the right and pass the other on its left side;
(b) One vessel may overtake another on either side but shall grant the right-of-way to the
overtaken vessel;
(c) When two vessels are approaching each other obliquely or at right angles, the vessel
approaching on the right side has the right-of-way;
(d) A vessel underway must yield the right-of-way to a vessel not underway;
(e) A motor powered vessel underway must yield the right-of-way to a sailboat, rowboat, canoe, or
other vessel not propelled by a motor;
(f) A seaplane underway shall yield right-of-way to all other vessels or craft;
(g) A swimmer, including a person on a flotation device, or a fallen skier, has the right-of-way over
any craft;
(h) No vessel shall approach within two hundred feet of a diver's flag indicating the presence of a
person operating or swimming under water;
(i) All vessels shall reduce speed and, if necessary, stop and, in any event, yield right-of-way upon
the approach of an emergency vessel.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.130-Speed regulations.
(a) Speed limits . No vessel shall exceed the following speeds:
(1) Within one hundred feet of a swimmer or permanent structure, six miles per hour;
(2) Within one hundred fifty feet from shore on every body of water, any speed capable of creating
a harmful wake, but in no event, a speed in excess of six miles per hour.
(3) Within one hundred fifty feet of any vessel not propelled by a motor, six miles per hour;
(4) In fresh water lakes, one hour after sunset to one hour before sunrise, eight miles per hour;
(5) During daylight hours in unrestricted areas, fifty miles per hour, unless otherwise posted;
(6) Within three hundred feet on any public boat launch, six miles per hour.
(b) Due care and caution required . Compliance with the speed regulations contained herein shall not
relieve the operator of any vessel from any further exercise of due care and caution as
circumstances shall require.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.135-Water skiing.
No vessel shall be operated with a water skier or other occupied contrivance in tow unless:
Page 6 of 17
Attachment A
(a) The vessel is occupied by two persons, one legal operator according to Section 9.04.035 and
one observer at least twelve years of age.
(b) Pattern. All vessels shall go in a counter-clockwise pattern in accordance with Section
9.04.125.
(c) Both vessel and person in tow are over three hundred feet from shoreline of saltwater or one
hundred fifty feet from the shoreline of freshwater and any pier or restricted area thereof,
provided; that the person being towed may start at the shore or a pier and must proceed directly
to a point at least three hundred feet from the shoreline of saltwater or one hundred fifty feet
from the shoreline of freshwater before paralleling the shoreline; provided further, that persons
in tow may return to shore or a pier at an angle of no less than forty-five degrees to the
shoreline with the shoreline on the right of the person being towed, maintaining the counter-
clockwise direction. The towing vessel must maintain its distance from shoreline and reduce
speed on returning towards shore to avoid any shoreline wake damage to docks and frontage.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.140- Interference with navigation.
No person shall operate a vessel in a manner which unreasonably or unnecessarily interferes with
the operation of another vessel or the launching of any vessel at any public boat launching ramp.
Anchoring or mooring under a bridge or in a channel in an approach to a public boat launching ramp shall
constitute interference with navigation.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.150- Mooring at private docks without permission.
No person shall moor a vessel to a private seawall or commercial or public pier unless licensed,
invited or otherwise privileged to do so or beach a vessel upon private property if notice against trespass
is personally communicated to the owner or operator of the vessel by the owner of the private beach or
some other authorized person, or if notice is given by posting in a conspicuous manner. In any
prosecution under this section, it is an affirmative defense that the actor reasonably believed that the
owner of the premises or other person authorized to license access thereto, would have licensed him or
her to enter or remain.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.160- Exemption to authorized emergency vessels.
The provisions of this chapter shall be applicable to the operation of any and all vessels in the waters
of Mason County except that they shall not apply to any authorized emergency vessel responding to an
emergency or in pursuit of an actual or suspected violator of the law or to a vessel in distress.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.180- Boating accident and casualty reports.
The operator of any vessel shall complete a boating accident and casualty report as required and in
the manner provided by Chapter 352-70, Washington Administrative Code, (exhibit B of the ordinance
codified in this chapter) as now as hereafter amended.
Page 7 of 17
Attachment A
(Res.No. 55-16,Att. A, 8-16-2016)
Editor's note—Exhibit B as mentioned above has not been set out. A copy is kept on file in the
county offices.
9.04.190-Obedience to peace officers.
No person shall willfully fail or refuse to comply with the direction of a peace officer, who is at the
time discharging the duty of regulating and directing waterborne traffic.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.200- Refusal to stop for law enforcement.
Any operator of a vessel who willfully fails to stop when requested or signaled to do so by a person
reasonably identifiable as a law enforcement officer is guilty of a gross misdemeanor.
(Res. No. 55-16,Att. A, 8-16-2016)
9.04.210- Eluding a law enforcement vessel.
Any operator of a vessel who willfully fails or refuses to immediately bring the vessel to a stop and
who operates the vessel in a manner indicating a wanton or willful disregard for the lives or property of
others while attempting to elude a pursuing law enforcement vessel, after being given a visual or audible
signal to bring the vessel to a stop, shall be guilty of a class C felony punishable under chapter 9A.20
RCW. The signal given by the law enforcement officer may be by hand, voice, emergency light, or siren.
The officer giving such a signal shall be in uniform and his or her vessel shall be appropriately
marked showing it to be an official law enforcement vessel.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.215-Examination of equipment.
No person shall, while operating or in charge of a vessel, refuse to permit a law enforcement officer
to make an examination of any equipment of such vessel. Such law enforcement officers include, but are
not limited to, county sheriff's, officers of other local law enforcement entities, fish and wildlife officers,
through the director, the state patrol, and state park rangers.
(Res.No. 55-16,Att. A, 8-16-2016)
Editor's note—Res.No. 55-16, Att. A, adopted August 16, 2016, enacted provisions designated
as § 9.04.210. Inasmuch as the section so numbered already exists, said provisions have been
redesignated as § 9.04.215, at the discretion of the editor.
9.04.220-Overloading and overpowering.
It is unlawful for any vessel to be loaded with passengers or cargo which exceed the safe carrying
capacity of the vessel where the safe carrying capacity of the vessel is specified by the manufacturer.
Such limitation shall be considered the maximum safe load, and in no event shall a vessel be loaded
Page 8 of 17
Attachment A
beyond a capacity which is reasonable and prudent under given atmospheric conditions and other actual
and potential hazards affecting operation.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.230- Restricted areas—Special use regulations.
(a) The board of county commissioners may designate certain restricted areas for a specific purpose or
activity. No person shall operate a vessel within a restricted area; provided, that this section shall not
apply to vessels engaging in or accompanying the activity to which the area is restricted.
(b) The board of county commissioners may designate special use regulations for specific bodies of
waters and/or specific areas within those bodies of water.
(c) The board of county commissioners shall establish a process for citizen petition, for establishing
restricted areas/special use regulations which shall, at a minimum, contain the following steps:
(1) Petition with twenty-five or more signatures from permanent residents of Mason County. A
permanent resident of Mason County is a person who spends most of their time in Mason
County and who has a verifiable Mason County address. The board of county commissioners
shall determine the sufficiency of the petition;
(2) Public hearing;
(3) Public meeting for consideration/decision;
(4) Report from sheriff addressing safety and enforcement issues.
(d) The board shall consider the following factors when deciding upon designation of a restricted area
and/or special use regulation(s):
(1) Does the request improve/enhance the public use of the waterway?
(2) Does the request increase public safety of life and property?
(3) Will the request increase the public liability?
(e) Designations under this section shall be made by resolution.
(f) Designations under this section shall be fully enforceable under this chapter.
(g) When special use designations conflict with other regulations, the more restrictive regulations shall
apply.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.235-Shoreline marker buoys.
Lake waterfront property owners may place one appropriate floating buoy up to one hundred fifty feet
from their respective shoreline to mark the minimum water skiing distance on fresh water. Such buoys
shall be anchored individually and shall not be connected to any other neighboring buoy by any means.
An appropriate buoy shall be round in shape, with a diameter of at least twelve inches, and shall be red in
color. Any person choosing to place out such a buoy shall assume all responsibility for the buoy.
Homeowner organizations with the authority to restrict access to freshwater bodies may place buoys up
to 150 feet from the shoreline in the pattern and amount necessary for regulation safety,
Page 9 of 17
Attachment A
9.04.240- Regattas, races, or aquatic events.
(a) Definitions.
"Frequency" means the number of regattas, races or aquatic events which may be held pursuant to
the application and permit procedures provided for herein.
"Regatta" or "race" or "aquatic event" means an organized water event on fresh waters of Mason
County of limited duration, which is conducted according to a prearranged schedule.
(b) Submission of application. An individual or organization, planning to hold a regatta, race, or aquatic
event which, by its nature, circumstances or location, may introduce extra or unusual hazards to the
safety of life on the waters of Mason County, shall submit an application to the county
commissioner's office. County staff shall provide a copy of the application to the sheriffs office and
the county department of community services for review of application, which shall be sent to the
county commissioners for permission to hold such an event.
(c) Where such events are to be held regularly or repeatedly in a single area by an individual or
organization, the county commissioners may, subject to conditions set from time to time by them,
grant a permit for such series of events for a fixed period of time, not to exceed one year.
(d) Applications shall be submitted on forms provided by the commissioner's office and shall be
submitted no less than ninety days prior to the start of said event and in any case not later than the
first day of the month of May of the year of the event. Each application shall be accompanied by a
permit fee of five hundred dollars.
(e) The application shall include the following details:
(1) The name and address of sponsoring organization;
(2) The name and address and telephone number of person or persons in charge of the event;
(3) Nature and purpose of event;
(4) Information as to general interest;
(5) Estimated number and types of watercraft participating;
(6) Estimated number of spectator watercraft;
(7) Estimated number of persons, participants, and all others;
(8) Minimum number of boats and persons being furnished by sponsoring organizations to patrol
event;
(9) A time schedule and detailed description of events;
(10) A section of a chart or scale drawing showing the boundaries of the event, various water
courses or areas to be utilized by participants, officials, and spectators;
(11) Placement and removal of the buoys or other marking devices the sponsor of such event shall
place upon the waters to set off any race course or other area;
(12) The provisions made by the sponsors for private patrolling to prevent the unauthorized entry
into the area of nonparticipants;
(13) The rescue and safety measures, including marked rescue boats, that shall be provided to
insure the safety of participants and others from injury or damage;
(14) Provisions made for ambulances to be standing by;
(15) Provisions made for adequate toilet facilities for participants and spectators;
(16) Provision made for clean-up after the event;
(17) Prior inspection of participating boats to determine that they meet specifications as required
for mufflers as listed in Section 9.04.060(b);
Page 10 of 17
Attachment A
(18) And such other information as the department of community services and county sheriff's
department may require to fully inform it of the nature and extent of such event.
(f) Upon receiving an application to hold regatta, race or event, the county sheriffs office and the county
department of community services shall take the following actions or make the following
determinations:
(1) That the proposed regatta, race or event may be held in the proposed location with safety to
life and property;
(2) That the interest of safety of life and property requires changes in the application before it can
be approved;
(3) That the event requires no regulation or patrol of the proposed location;
(4) That the application be recommended for approval or rejection by the commissioners for stated
reasons;
(g) The application shall be sent with the recommendations of the county sheriff's office and the county
department of community services to the county commissioners not less than thirty days prior to
event.
(h) The county commissioners may, before taking action on the application, require the sponsoring
organization to petition or poll the property owners on the lake which would be affected by the event.
The county commissioners may also require that the sponsoring group post notice in the local paper
and/or at the proposed site of the event, prior to their taking action on said application.
(i) The county commissioners may close for general use any part or whole of a lake for the purpose of
the event, provided the approval of the application be on the condition that all terms specified in the
application be met by the sponsoring group.
Q) The county commissioners may require a surety bond deemed adequate and subject to their
approval, from the holder of the permit, being for the payment of all damages which may be caused
either to person or persons or to property by reason of said event and arising from any acts of the
holder of the permit, his agents, employees, or subcontractors, and to insure that requirements for
markers, rescue equipment or other safety conditions stated in the application finally approved are
actually provided. Said bond shall run to Mason County for use and benefit of any person, firm, co-
partnership or municipality having a cause of action against the obligor of said bond.
(k) Each application shall be accompanied by a certificate of insurance showing that the sponsor has
obtained public liability, bodily injury, property damage and liquor liability insurance for the payment
of all damages which may be caused either to person or persons or to property by reason of said
event and arising from any acts of the holder of the permit, its agents, employees, or subcontractors,
and to insure that requirements for markers, rescue equipment or other safety conditions stated in
the application finally approved, are actually provided. Mason County shall be named as an
additional insured and shall be notified by the insurer at least twenty days prior to any cancellation of
the insurance, which shall have a minimum coverage of one million dollars per accident.
(1) The approval of any application and granting of a permit is within the discretion of the county board
of commissioners as set forth in this section.
(m) Permits that are issued are subject to the conditions that the applicant will fulfill the provisions
specified in the application finally approved. If at any time the sponsors or participants in such event
violate any of the conditions contained in the application, such permit may be revoked by the sheriff
in the name of the county for the public safety.
(n) It is unlawful to tamper with or remove any cautionary signs as required except, by the applicant as
specified in subsection (e) of this section.
(o) Any testing for a motorboat race or regatta authorized under this section shall be limited as further
authorized in the application finally approved.
Page 11 of 17
Attachment A
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.250-Swimming.
(a) Swimming shall be confined to:
(1) Restricted areas designated for swimming only; or
(2) The area within one hundred feet from a commercial or public pier, the shore, or a vessel
accompanying the swimmer. Such vessel shall display a red flag.
(b) Except in an emergency, swimming is prohibited at all times within designated channels.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.260- Underwater diving.
(a) Underwater diving is prohibited:
(1) In any area unless the diver is accompanied by a vessel or the diving occurs within two
hundred feet of a properly displayed diver's flag; and
(2) Within three hundred feet of any ferry slip, public boat ramp, or restricted area designated for
swimming only, except pursuant to a permit issued by the board of county commissioners.
(b) It is unlawful to operate a vessel within two hundred feet of a diver's flag.
(c) When the density of divers flags would prohibit reasonable ingress or egress to a beach or dock.
(Res. No. 55-16,Att. A, 8-16-2016)
9.04.290- Dumping debris.
It is unlawful for any person to dump or throw any oil, garbage, ashes, debris, gravel, earth, rock,
stone, trees, logs, roots, snags, stumps, brush, piles, lumber, containers, wood or metal scrap or other
waste or refuse in or upon navigable water or upon the shores thereof in such position that the same may
be washed into said water by waves, tides, storms, or floods.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.300- Rental records.
Any person that rents or charters a vessel shall cause to be kept a record of the name and address
of the person or persons hiring the vessel, the identification number of the vessel, the departure date and
time and the date and time of the return of the vessel. Such record shall be preserved for not less than six
months from the date of departure of the vessel and shall be made available for inspection by any law
enforcement officer.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.310-Safety devices on commercial piers.
Every owner, agent, lessee or other person in charge of any commercial pier open to the public shall
maintain on such pier at least one thirty-inch ring life buoy, and one thirty-inch life buoy for every three
hundred lineal feet of berthing space to each of which shall be attached at least two hundred feet of line,
Page 12 of 17
Attachment A
one end of which shall be fastened to the ring life buoy. Each ring life buoy and attached line shall be kept
in a box on the pier readily available for use by the public in case of accident. The box shall be clearly
labeled and be at all times kept clear of obstructions. It is unlawful to use, remove or tamper with any ring
life buoy or its attached line except in the course of maintenance or inspection of the same or its box, or
for use in response to an emergency.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.320-When a vessel may be impounded without prior notice.
(a) A vessel may be impounded without giving prior notice to its owner as required in Section 9.04.330
hereof only under the following circumstances:
(1) When the vessel is anchored or moored and is impeding or likely to impede passage of other
vessels or obstructing or occupying any private moorage or anchorage belonging to someone
else; and
(2) When the vessel has remained anchored or moored at a public facility for one hour longer than
the maximum mooring or anchoring time; or
(3) When the vessel is unoccupied adrift or poses an immediate danger to the public safety; or
(4) When the vessel appears unseaworthy or has been sunk or grounded; or
(5) When there is no person on board the vessel with sufficient capacity under Section 9.04.100 to
operate the vessel; or
(6) When the operator of the vessel is arrested and there is no other person on board the vessel
with sufficient capacity under Sections 9.04.100 and 9.04.110 to operate the vessel; or
(7) When the operator of the vessel refuses or neglects to obey an order from a peace officer to
proceed from or to an area; or
(8) When a peace officer has probable cause to believe that the vessel is stolen; or
(9) When a peace officer has probable cause to believe that the vessel constitutes evidence of a
crime or contains evidence of a crime and if impoundment is reasonably necessary in such
instance to obtain or preserve such evidence.
(b) Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a
warrant would otherwise be required.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.330-When a vessel may be impounded after notice.
A vessel not subject to impoundment under Section 9.04.320 may be impounded after notice of such
proposed impoundment has been securely attached to and conspicuously displayed on the vessel for a
period of twenty-four hours prior to such impoundment, for the following reasons:
(a) When such vessel is moored, anchored and/or used in violation of any law, ordinance or
regulation; or
(b) When such vessel is abandoned, as that term is defined in Section 9.04.400.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.340- How impoundment is to be effected.
Page 13 of 17
Attachment A
When impoundment is authorized by this chapter, a vessel may be impounded by an officer or
authorized agent of the sheriffs department.
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.350-Owner of impounded vessel to be notified.
(a) Not more than forty-eight hours after impoundment of any vessel, the sheriff shall mail a notice to
the registered owner of the vessel, as may be disclosed by the vessel registration number, if such be
obtainable, and to any other person who claims the right to possession of the vessel, if such a claim
is known to an officer, agent or employee of the sheriff's department who has knowledge of the
impoundment. The notice shall be mailed to the registered owner at the address provided by the
Washington State Department of Licensing or the corresponding agency of any other state or
province. If a peace officer who has knowledge of the impoundment has reason to believe that an
owner, or one who claims to be an owner, is residing or in custody of some different address which is
known to the officer, a copy of the notice shall also be mailed or personally delivered to such owner
or claimant in a manner designed, as nearly as may be practicable, to give actual notice to him or
her. The notice shall contain the full particulars of the impoundment, redemption and opportunity for
hearing to contest the propriety of the impoundment as hereinafter provided.
(b) Similar notice shall be given to each person who seeks to redeem an impounded vessel, except that
if a vessel is redeemed prior to the mailing of notice, then notice need not be mailed.
(c) Similar notice shall likewise be given at the time of releasing a vessel impounded for investigatory
purposes pursuant to Section 9.04.330, except that if a vessel is redeemed following notice by
telephone and prior to the mailing of notice, then notice need not be mailed.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.360-Redemption of impounded vessels.
Vessels impounded by the county shall be redeemed only under the following circumstances.
(a) Only the registered owner, a person authorized by the registered owner or one who has
purchased a vessel from the registered owner who produces proof of ownership or authorization
and signs a receipt therefor, may redeem an impounded vessel.
(b) Any person so redeeming an impounded vessel shall pay the costs of towing and storage prior
to redeeming such vessel, except as provided for by subsection (c) of this section.
(c) Any person seeking to redeem an impounded vessel has a right to a hearing in district court to
contest the validity of impoundment or the amount of towing and storage charges and such
person shall have his or her vessel released when such person makes such request for a
hearing in writing on a form approved by the court and signed by such person; provided further
that at the time of requesting such hearing such person shall also execute a promise in writing
in the form of a promissory note in an amount to include the costs of towing and storage, a civil
penalty of one hundred dollars, plus any collection costs, which promissory note shall
immediately become due and owing in the event such person either: (1) fails to appear at the
requested hearing provided for in this chapter, or (2) fails to pay, or make arrangements to pay
within forty-eight hours after such hearing, any towing and storage charges for which such
person may be found liable at such hearing. Such promissory note shall be automatically
canceled and discharged when person either (1) cancels his or her request for a hearing and
pays the towing and storage charges and the cancellation fee as provided in Section 9.04.370
or (2) pays or makes arrangements to pay the towing and storage charges and other costs
within forty-eight hours after having been found liable therefor at the hearing provided for in this
section and Section 9.04.380.
Page 14 of 17
Attachment A
(Res.No. 55-16, Att. A, 8-16-2016)
9.04.370-Cancellation of hearing.
Any persons redeeming an impounded vessel in accordance with subsection (c) of Section 9.04.360,
shall have until seven days after the date of the request for a hearing to cancel such hearing.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.380- Post-impoundment hearing procedure.
Hearings requested pursuant to Section 9.04.360 shall be held in the district court, which court shall
determine whether the impoundment was proper and whether the towing and/or storage fees charged in
such connection were proper. If the impoundment is found to be proper, then towing and storage fees
shall be assessed against the owner of the vessel in addition to the fine for the offense. In the event a
person requesting a hearing either: (1) fails to appear at the hearing, or (2) fails to pay or make
arrangement to pay within forty-eight hours after the hearing any impoundment fee assessed by the court
at the hearing, a civil penalty and the costs of collection may be assessed by the district court and the
court may enter judgment on the promissory note provided for in Section 9.04.360(c) in addition to the
fine for the offense.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.390- Responsibility for fees as to standby time, stolen vessels or vessels held for investigatory
purposes.
(a) No towing or storage charges shall be assessed against the owner of a vessel when the vessel is
impounded by order of the sheriff's department, and not by direction of the vessel owner, and verified
as stolen by the sheriffs department when:
(1) Substantial evidence of the theft exists, as determined by the covering officer; or
(2) The vessel was reported stolen before it was impounded, and there is no tangible evidence of
negligence by an authorized operator which contributed to the theft, including but not limited to
keys left on or in the vessel.
Provided that the owner or the person authorized to redeem the vessel shall pay storage charges
commencing on the sixth day after impoundment for such purpose.
(b) No towing or storage charges shall be assessed against the owner of a vessel which is being held
for investigatory purposes pursuant to Section 9.04.320(a)(8) and which is redeemed within ninety-
six hours after the sheriffs department shall have notified the owner of the release of such vessel in
writing in the manner provided in Section 9.04.350(c): provided that such owner or person authorized
to obtain possession of such impounded vessel shall pay any charges assessed for storage after
such ninety-six-hour period; provided further, that if the registered owner or the operator authorized
by the registered owner is arrested or charged with a crime in connection with the incident leading to
impoundment, the owner is not exempted from towing or storage charges.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.400-Abandoned vessel.
Any impounded vessel not redeemed within fifteen days of mailing of the notice required by Section
9.04.350 shall be deemed abandoned; provided, that if the sheriff has reason to believe that the owner of
Page 15 of 17
Attachment A
such impounded vessel is in custody, it shall be presumed that thevessel is not abandoned and such
vessel shall not be deemed abandoned except upon a determination by the court after the prisoner has
had an opportunity to be heard regarding the property of the impoundment and circumstances giving rise
to such impoundment; provided further that, in the case of a vessel impounded by order of a peace officer
and held pursuant to such order, the fifteen days shall not begin until forty-eight hours after the sheriff
shall have notified the owner in accordance with Section 9.04.350(c) that it has authorized the release of
the vessel.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.410- Disposition of vessels as unclaimed property.
An abandoned vessel not redeemed after notice within the periods provided by Section 9.04.400,
with charges for towing and storage remaining due and unpaid, shall be subject to disposition under RCW
63.40.010 as unclaimed property.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.420- Restricted lakes.
(a) Internal combustion (i.e., gasoline and/or diesel) powered motor boats shall not be operated at any
time on any of the following named lakes and those lakes of less than twenty-five acres in area.
RESTRICTED LAKES
Aldrich Devereaux Johns Tena
Armstrong Dry Beds Kent Trails End (Prickett)
Benson Emmons Larson Trask
Cady I Erdman Maggie Twin
Carson Erickson Oak U
Catfish Grass Osborne Wheeler
Clara Hanks Big Panhandle Wildberry
Clear Hanks Little Robinson Wood
Collins Hatchery Shoe
Coon Howell Standstill
Crater Jiggs Steves
Page 16 of 17
Attachment A
(b) No personal watercraft (i.e. jet skis) shall be allowed on the Mason County side of Panther and Tiger
Lakes.
(c) No personal watercraft(i.e.jet skis)shall be allowed on Lake Kokanee and all internal combustion
powered motorboats shall be restricted to no more than 7 '/2 horsepower engines.
(d) See Section 9.04.230 for information on the process of restricting activities on county bodies of
water.
(e) Notice. There may be additional specific restrictions on bodies of water in the county adopted under
Section 9.04.230.
(Res.No. 55-16,Att. A, 8-16-2016)
9.04.430-Civil penalties.
A violation designated in this chapter as a civil infraction shall constitute a civil infraction pursuant to
chapter 7.84 RCW.
(Res. No. 55-16,Att. A, 8-16-2016)
Page 17 of 17