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Home My WebLink About2019/01/07 - Briefing Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of January 7, 2019 Monday, January 7, 2019 Commission Chambers 9:00 A.M. Closed Session — RCW 42.30.140(4) Labor Discussion 9:30 A.M. Support Services — Frank Pinter 10:00 A.M. Community Services — Dave Windom 10:25 A.M. BREAK 10:30 A.M. State Auditor Office Accountability Exit Conference 11:00 A.M. Public Works — Jerry Hauth Utilities & Waste Management 11:30 A.M. Superior Court — Judge Amber Finlay Commissioner Discussion — as needed Tuesday January 8, 2019 7:30 A.M. 2019 Legislative Send-Off Alderbrook Golf Course, 330 E Country Club Drive, Union Note—although this is not a Special Commission Meeting, this is the official notice that a quorum of the Mason County Commission may attend this event and notification is provided per Mason County Code Chapter 2.88.020 - Special Meetings. Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 01/03/19 at 11:39 AM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF January 7, 2019 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. We have changed the packet format so that it is an interactive document. Please click on the agenda item which then takes you to the cover sheet of that section in the document. To get back to the agenda, hit your "home" key on the keyboard. Please see draft briefing agenda for schedule. �gON COUNT 1854 . . Mason County Support Services Department Budget Management 411 North 5th Street Commissioner Administration Shelton WA 98584 Emergency Management ., Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services Labor Relations Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES January 7, 2019 • Specific Items for Review o Committee assignments for Commissioners—Diane o Operating Guideline updates—Diane o Proposed updates to Commission Meeting Agenda —Diane o Request from WSDOT to waive 60-day waiting period in order for WSDOT to dispose of surplus property (parcel #42102-22-60000)- Diane o Reappointment request for Josh Luck on Veterans Advisory Board —Diane o James Pharris Settlement—Dawn o Civil Service Board member selection — Dawn o Employee recognition for Tammi Wright—Ross o Mason Lake County Park host- Ross o Offer to purchase Mason County real property—Frank o Discuss January 15 invitation to League of Women Voter's meeting- Frank • Commissioner Discussion J:\DLZ\Briefing Items\2019\2019-01-07.docx BOARDS, COUNCILS, AND COMMISSIONS 2018—updated June 2018 The County Commissioners represent Mason County by serving on a variety of boards,councils,and commissions as noted below. Randy Neatherlin (Commissioner District#1) Board of County Commissioners, Chair Mason County Law Library Mason County Finance Committee Canvassing Board Community Action Council Board of Directors(Meet at 420 Golf Club Rd SE, Lacey) Economic Development Council Board (Meets 2nd Thursday of each month;7:45-9:00 am at PUD auditorium-426-2276) North Mason Chamber of Commerce Board of Directors Mason County Audit Committee(Established by Resolution 77-16) Mason County Law Enforcement Officers/Fire Fighters (LEOFF) Board (meet 1"Tuesday,8 a.m. in Commission Chambers) Mason County Voting Accessibility Advisory Committee (VAAC) (meets when necessary)RCW 29A.46.260(2) Memorial Hall Committee-Chair(meets last Wednesday every other month) Peninsula Regional Transportation Planning Organization (PRTPO) Shelton Memorial Park Board of Directors—(Cemetery) (meet as necessary) Washington Counties Risk Pool—Board of Directors Member West Sound Alliance Steering Committee—Pamela Browning is contact,360-377-4900 Kevin Shutty(Commissioner District#2) Alliance for a Healthy South Sound (AHSS) Executive Committee—(Andy Chinn is contact,206-550-5568, meet as necessary. Website is Healthysouthsound.com) Criminal Justice Working Team (meets 3rd Wednesday,7:30 a.m. in Commission Chambers) Courthouse Security Committee MACECOM (meet 2 d Tuesday, 3 p.m. @ City of Shelton) Olympic Region Clean Air Agency (ORCAA) - Alternate Member (Meets 2nd Wednesday of each month from 10-12 noon approx Address: 2940B Limited Lane NW Olympia 586-1044) Peninsula Regional Transportation Planning Organization (PRTPO) -Alternate WSAC Legislative Steering Committee (LSC) Washington Counties Risk Pool—Board of Directors Alternate Member Building Code Council (SBCC)- Member, Appointed by Governor Jay Inslee(2018-2021) Terri Drexler(Commissioner District#3) Board of County Commissioners, Vice-Chair Lewis-Mason-Thurston Area Agency on Aging Council of Governments (COG) (Meets 4" Thursday of each month at 2 p.m.Address: 2404 Heritage Court SW,Suite A(first floor),Olympia,WA 98502 Mason County Lodging Tax Advisory Committee—Chair(meets when necessary) Oakland Bay Clean Water Committee Olympic Region Clean Air Agency(ORCAA)—Member(Meets 2nd Wednesday of each month from 10-12 noon approx.) Address: 2940B Limited Lane NW Olympia 586-1044) Pacific Mountain Workforce Development Council (PacMtn) - Chair Transportation Improvement Board (TIB) (Appointed by Secretary of Transporation) Thurston Mason Behavioral Health Organization (TMBHO) (Meet 3"Thursday, 1 p.m.,Thurston Cnty Courthouse) Washington Counties Risk Pool—Board of Directors Alternate WA Association of Counties Board of Directors (WSAC) Olympic Peninsula Resource Advisory Committee (RAC) (Appointed by Secretary of Agriculture) ALL COMMISSIONERS Mason County Commissioners Mason County Board of Health Mason Transit Authority Mason County Elections Canvassing Board Hood Canal Coordinating Council (All Commissioners sit on HCCC, Mason County has 1 vote,Cmmr.Shutty is voting member) Oakland Bay Clean Water District Board of Directors JABOARDS\Commissioner Boards 2018 with mtg times.doc December 26,2018 Attachment A MASON COUNTY BOARD OF COMMISSIONERS OPERATING GUIDELINES oco IRS- Adopted May 20, 2014 Resolution No. 29-14 Updated January "'^ven*l ^" ', 2019-7 MASON COUNTY BOARD OF COMMISSIONERS OPERATING GUIDELINES TABLE of CONTENTS 1. PURPOSE....................................................................................................................................................3 2. PUBLIC MEETINGS......................................................................................................................................3 2.1 Meetings-General Rules/Definitions...............................................................................................3 2.2 Submitting Items to the Commission for Sessions or Meetings........................................................5 2.3 Submitting Documents at Time of Meeting to be Avoided...............................................................6 2.4 Agenda Item Summary Required.......................................................................................................6 2.5 Other Documentation May be Required...........................................................................................6 2.6 Discussion at Briefing Required.........................................................................................................7 2.7 Moving an Item from Briefings to a Regular Meeting.......................................................................7 2.8 Adding Items to Briefing or Regular Agenda after Deadline .............................................................8 2.9 Signatures on Documents..................................................................................................................8 2.10 Documents to be Maintained/Official File ........................................................................................8 3. PUBLIC HEARINGS......................................................................................................................................9 3.1 Submission of Notice of Public Hearing Prior to Hearing Date .........................................................9 3.2 Conducting the Public Hearing..........................................................................................................9 3.3 Hearings Where the Commission is Acting in A Quasi-judicial Capacity.........................................10 4. PUBLIC NOTICE REQUIRED ON SOME ITEMS...........................................................................................11 5. RESOLUTIONS AND ORDINANCES............................................................................................................11 6. PROCLAMATIONS.....................................................................................................................................11 7. MEETING MINUTES..................................................................................................................................12 AttachmentA.................................................................................................................................................13 AttachmentB.................................................................................................................................................14 MASON COUNTY BOARD OF COMMISSIONERS OPERATING GUIDELINES 1. PURPOSE The purpose of this policy is to: • Provide Guidelines to assure that the "Rules of the Board" (County Code Chapter 2.88) are carried out with efficiency and unity and are responsive to the public; • Inform County Officials and employees of the requirements for submitting items to the Board of Commissioners for consideration; • Establish clear and consistent processes and formats for submission of items to the Commission; • Ensure that procedures provide adequate public notice and facilitate public participation in, and knowledge of, Commission deliberations and actions. 2. PUBLIC MEETINGS 2.1 Meetings-General Rules/ Definitions. Open Meetings. All meetings of the Board of Commissioners shall be open and public in accordance with RCW 42.30 (The Open Public Meetings Act). An opportunity for public questions and input by either written message or oral presentation will be provided at all Commission regular business meetings. The Open Public Meeting Act establishes some basic procedural requirements that apply to all meetings of a governing body, whether they are regular or special meetings. With the narrowly defined exception of Executive or Closed Sessions, all meetings of a governing body are, under the Open Public Meetings Act, either Regular or Special meetings. It does not matter if it is called a "Study Session" or a "Briefing/Work Session" or a "retreat," it is either a Regular or Special meeting. The Rules of the Board are established by County Code Chapter 2.88 (Ordinance#09-13). These Operating Guidelines pertain to the Commission's functioning regarding: a. Regular Business Meetings. A regular business meeting of the Commission is normally noticed and scheduled for each Tuesday(except the fifth Tuesday)to transact regular business. b. Special Meetings. A special meeting may be called at any time by a majority of the members of the Commission by providing appropriate notice at least 24 hours before the time of the special meeting, specifying the time and place of the special meeting and the business to be transacted. Notice shall be posted at the entrance to the meeting room and posted on the County's web site. Final action Page 3 shall not be taken on any other matter at such meeting. Notice of such meetings shall be in accordance with RCW 42.30.080 (The Open Public Meetings Act: Special Meetings). C. Emergency Meetings. The notice required for special meetings may be waived in the event it is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such, consistent with County Code Chapter 2.88. d. Briefing or "Work Session". The Commission may meet in weekly briefing/work sessions. Briefings are held at the request of at least two Commissioners and are conducted with a quorum of the Commissioners present. Some will allow for public input and discussion, at the discretion of the Commissioners present. Briefings are scheduled for the purpose of providing the Commission information on topics of interest that will update the Commission on pending issues, provide pertinent policy making information, and/or provide for an initial or final review of matters to come before the Commission at a regular meeting or public hearing. Briefings may involve a single or multiple Departments or Offices and may be held at any time, but are normally scheduled on Mondays,Tuesdays or Wednesdays. e. Study Sessions. Study sessions may be scheduled as needed to provide an opportunity for the Commission to consider matters requiring more in-depth study and discussion, items of County-wide interest or impact, or topics on which the Commission desires to provide an opportunity for numerous Department Heads or Elected Officials to provide input. They also can provide time for presentation of information on a variety of topics of interest to the Commission and to citizens. Study sessions will be held in a variety of formats to best accomplish their purpose. Some will allow for public input and discussion. Others will be internal, informal work sessions for the Commission, with free and open discussion of problems and alternatives, which the public is welcome to hear. The agenda or the presiding officer shall make clear, before each meeting, the format of that meeting. Typically, Commission action shall not be taken during study sessions; however, as identified in Section b above, if previously noticed with an appropriate agenda, a special meeting may directly follow a study session. f. Executive Sessions and Closed Sessions. The Commission may meet in executive session to discuss matters set forth in RCW 42.30.110 including, but not limited to pending litigation, site acquisition of real estate and the price thereof, and certain personnel matters. Similarly, the Commission may also meet in Closed Session to discuss matter set forth in RCW 42.30.140. It is noted that RCW 42.30.060(1) provides, however, that "No governing body of a public agency shall adopt any ordinance, resolution, rule, regulation, order, or directive, except in a meeting open to the public...." and therefore no final action may be taken in an Executive or Closed Session. Executive Sessions and Closed Sessions are that portion of a meeting that may be closed to the public but only for the specified purposes as identified within the Page 4 enabling RCW. g. Adjournment. Any regular, adjourned regular, special or adjourned special meeting may be adjourned in the manner set forth in RCW 42.30.090 (The Open Public Meetings Act: Adjournments). 2.2 Submitting Items to the Commission for Sessions or Meetings Documents submitted to the Commission for consideration at either briefing or regular meetings are due to the Commissioners'office no later than noon on Wednesday of the prior week. All documentation should be submitted on 8.5"x 11" paper. Legal paper should be avoided whenever possible. • Agenda Items require an Agenda Item Summary(Attachment A) • Briefing Items require a Briefing Item Summary (Attachment B) As a general rule, all documents should be submitted with the item on Wednesday. However, if notification of an agenda item has been provided by the Wednesday deadline, the accompanying documentation, including sufficient copies, must be submitted no later than 9 a.m. on Thursday.The Commission reviews the agenda at 10 a.m. on Thursday. Commissioners' Office staff must have time to prepare the agenda, review documentation, and have the agenda and documentation packets ready for review by that time. Note: Sufficient copies mean any required originals and two;; set copies for regular meeting items and-briefing meeting items (3-hole punch the copies). Please submit one copy of your meeting items (both regular meeting and briefing) single-sided for the Clerk's record which is scanned and posted on the website. Items and/or documentation not submitted by the deadlines will be retained for the next week's regular business meeting.Additionally, items may occasionally be postponed to the next week due to time constraints, allow sufficient time for review, conflicts with Commissioners' schedules, or other reasons. Departments will be notified by Commissioners' Office staff as soon as possible after the agenda review if items are postponed. The above applies to all Sessions or Meetings except Executive or Closed Sessions. Items are required to be briefed with the Commission before being placed upon the Agenda, including the Action Agenda,with very narrow exceptions. Additionally, a single briefing does not assure that an item will be advanced or placed upon the Agenda. In all instances, the Commission reserves the discretion to provide for time for review, to Page 5 gather additional information, or allow for additional internal or public comment. 2.3 Submitting Documents at Time of Meeting to be Avoided Documents on many different issues are submitted to and reviewed by the Commission each week.All documents for discussion items should be submitted by the deadline. Commissioners typically review the documents in their packets over the weekend so they are prepared for discussion at briefings and regular meeting. The documents are also made available on the County's web page for public review prior to the meeting. Departments should avoid waiting until the briefing to submit documents.The Commission cannot be expected to review documents during a discussion. Departments that submit documents at the time of the briefing (rather than as above for the briefing packet) may be asked to schedule the item for the next week so Commission members have the opportunity to review the issue.Any documents brought to the Commission at the meeting time must include sufficient copies as defined in this policy. 2.4 Agenda Item Summary Required The Commission receives a large amount of information from various departments and it is not unusual to have dozens of items in a packet.Agenda summaries provide Commission members and the public with the crux of an issue without wading through pages of documents trying to glean the information. Consistent with section 2.2, an Agenda Item Summary is required for all items for which Commission action is requested. An example is Attachment A. 2.5 Other Documentation May be Required Certain agenda items may, by this or other policy, require the submission of other documents in order to be considered by the Commission. County Officials are responsible to ensure that required documents are submitted. Failure to submit required documents may result in postponement of the item until documentation is received. Items requiring additional documentation include, but are not limited to: a. Contracts and Purchases • Copy of completed budget change form if approval of the contract requires a budget change. • Bid tabulation if the contract or purchase requires either informal quotes, formal bids, or an RFP. b. Applying for a Grant-Grant application questionnaire. C. Proposed Ordinances/Resolutions- Electronic and hard copy of new or amended ordinance/resolution. Page 6 2.6 Discussion at Briefing Required Items that require final action by the Commission at a regular meeting, require discussion at briefing. The following is an illustrative list of items requiring briefing and is not intended to be all-inclusive: a. Any action that will have an impact to the budget, including contracts, contract renewals or extensions, grants or purchases that require a budget change. b. Grant applications - prior to the application submission. Grant application questionnaire required. C. Proposed ordinances/resolutions. d. Proposed purchase or sale of real property or granting of easements (may require Executive Session). e. Administrative Policy proposals. f. Any item requiring a notice of public hearing. g. Any issue that is, or the County Official believes may become, an item of high public awareness or create a high level of public opinion. h. Interlocal agreements. Only very narrow exceptions to the above will be considered. Please note, however,that the lack of having a briefing on a topic may increase the likelihood that the item will NOT be acted upon when presented for final action on the agenda. It may be necessary to provide for time for review,to gather additional information, or allow for additional internal or public comment. Exceptions to the requirement to brief may include: a. Items of an urgent matter where information or process was reasonably not available. b. Increased risk to County operations or services without expedient action. C. Executive or Closed Session items which require a final action in an open meeting. d. Emergency session items are exempt, by definition. Please note, however that it shall be the responsibility of the presenting party to create an Agenda Item Summary Form (Attachment A) and to be available at the meeting for questions or discussion. 2.7 Moving an Item from Briefings to a Regular Meeting Items that need to be discussed with the Commission prior to becoming an action item on a regular meeting agenda should not be scheduled for the regular meeting during the same week they are discussed at briefing. Typically, items are scheduled for briefing discussion one week and then for the regular meeting the following week.This scheduling gives the Commission the opportunity to ask questions, make Page 7 modifications, and request more information, etc., without the matter already being on the published agenda for the regular meeting. Items that are briefed do not automatically move to the regular agenda for final action. a. Departments are responsible to separately schedule items for briefing and/or regular meeting. Occasionally the Commission may desire further consideration of an item at a later date. Even though discussion may occur during the briefing about a future date, departments are responsible to schedule the item according to this policy. b. Items that may need further discussion, do not have all required paperwork, documents that have not been reviewed by the prosecutor, etc., are the responsibility of the department to complete the follow-up required. 2.8 Adding Items to Briefing or Regular Agenda after Deadline Occasionally items are received by departments and/or the Commission that are time sensitive and must be considered at the next meeting. It is the policy of the Commission to add items after the agenda deadline only if waiting until the next week causes significant impact to Mason County citizens. Adding items after the deadline can decrease public knowledge and participation since the item is not published as part of the agenda. Additions to either briefing or the regular meeting agenda may be made only with permission of a majority of the Commission. 2.9 Signatures on Documents Except as noted below, the Commission Chair signs all documents requiring the signature of the Commission, and the Chair's signature, is as legal and binding as if all members had affixed their names, provided the signature is authorized by the Commission. Only the signature line of the Commission Chair is required on these documents. In case the Chair is absent at any meeting of the Commission, all documents requiring the signature of the Commission are signed by the Vice Chair. Certain documents require signature lines for all Commission members.These include resolutions, ordinances, and proclamations. Documents prepared by other agencies that come to the County with all Commission members' signature lines do not require the document to be revised. It is the responsibility of the submitting department/office to obtain the appropriate legal review and signature from the Prosecuting Attorney's office. This must occur before being approved by the Commission. 2.10 Documents to be Maintained/Official File Departments are responsible to maintain the official record and file of any documents submitted to Page 8 the Commission.The Commissioners' office does not create a file on each issue or item submitted for consideration.The Commissioners' office will maintain a file containing one copy of all documents considered during each public meeting.Those documents are filed by meeting date and are archived in compliance with applicable retention schedules. Documents submitted to briefings are not automatically retained by Commissioners' staff for placement on a later meeting agenda. In order to reduce copying costs, departments should maintain any copies that require re-submission for the regular agenda. 3. PUBLIC HEARINGS Public hearings provide an opportunity for citizens to give direct input to the Commission on matters being considered. It is the policy of the Commission to conduct public hearings in a manner that allows input from the maximum number of citizens possible and respects the opinion of all those wishing to testify. 3.1 Submission of Notice of Public Hearing Prior to Hearing Date Public hearings are required to be held prior to certain legislative actions by the Commission. It is up to the department requesting the public hearing to know the public hearing notice requirements and provide the appropriate documents for publication In order to hold a public hearing, the county must publish a "Notice of Public Hearing" long enough before the actual hearing to comply with the requirements to advertise the hearing in the designated "Official County Newspaper." Depending on how many times the Notice must be published, the Notice must be adopted at the Commission's regular meeting at least two to three weeks prior to the date of the hearing in order to meet the Newspaper's deadline. In addition to the required public notice,the Commission, at its discretion, may direct the public hearing to be additionally advertised. In order to maximize the opportunity for public comment,the Commission encourages matters being considered at a public hearing to be posted on the County's web page as soon as practical after the approval of the Notice. It is the responsibility of the department requesting the public hearing to post the appropriate documents on the website. However,this is to be done as a courtesy and is not intended to create any additional legal requirements. 3.2 Conducting the Public Hearing Public hearings are conducted as regular items on the Commission's published agenda. In order to Page 9 ensure that the public hearing is conducted in a manner that encourages maximum public participation and respect for varying opinions,the Commission will generally adhere to the following rules: a. A sign-up sheet will be available for the public to indicate their desire to testify. Speakers will generally be heard in the order in which they sign up, followed by an opportunity for those who did not sign up to comment. In order to maintain an accurate public record, all citizens testifying will be asked to state their name and address for the permanent record. b. The Commission, at its discretion, may limit the comment period for each speaker so that all can be heard. c. General comments from audience members, applause, booing, offensive language, threats, or other inappropriate behavior are not allowed and may result in removal of the individual from the public hearing. d. Public hearings are intended to provide information and opinions from citizens to the Commission. They are not intended to be a debate between those on opposing sides of an issue, nor to weigh how many on each side of an issue attend.The Chair, at its discretion, may limit testimony that provides no new information and/or comments intended solely to debate another person's position on a particular issue while not providing new information to the Commission. In most cases,the Commission will also consider testimony and comments made by citizens using written communications, electronic means such as e-mail, and by telephone. Comments directed to the Commission made in any of the above forms between the date of approval of the Notice and the close of the actual public hearing will be considered as testimony. In the case of telephone calls, a record will be made of the caller's name and telephone number and whether the individual is generally for or opposed to the issue being considered. Other comments may be included as time permits.All comments made in writing, by e-mail, or by telephone between the dates above should be directed to the Clerk of the Board for distribution to all Commission members and inclusion in the official record. All such communications shall be noted as part of the record at the public hearing. 3.3 Hearings Where the Commission is Acting in A Quasi-judicial Capacity In some cases, such as re-zone requests,the Commission is acting in a quasi-judicial capacity, rather than a legislative capacity. In such cases, no person shall communicate ex parte, directly or indirectly, with an individual Commission member concerning the merits of the matter before the Commission or with the Commission as a whole at any time other than the public hearing duly noted for the matter. Any communication received by the Commissioners' Office, whether intended for the Commission as a whole or for an individual Commissioner, shall be transmitted to the appropriate department for presentation by County staff at the public hearing, if appropriate.All written communication directed to an individual Commission member or the Commission as a whole shall be disclosed and made part of the record or the hearing. Page 10 Members of the Commission shall not communicate ex parte, directly or indirectly, with any person concerning the merits of a quasi-judicial matter before the Commission. If a prohibited ex parte communication is made to or by a member of the Commission, such communication shall be publicly disclosed and guidance shall be sought from the Prosecuting Attorney. Ex parte communication will not be considered by any member of the Commission as part of his/her decision. Other processes, such as land use closed record appeals may have specific rules governing receipt of testimony, written communications, and/or ex parte communications. 4. PUBLIC NOTICE REQUIRED ON SOME ITEMS Certain items related to the budget process such as supplemental appropriations require specific public notice of the meeting where the matter is to be considered. In those situations,the department is responsible to be aware of public notice requirements and is responsible to submit items far enough in advance for the required public notice to be accomplished. 5. RESOLUTIONS AND ORDINANCES Some actions to be considered by the Commission must be accompanied by a written resolution or ordinance. Any request for resolution or ordinance will include substantiation of the need, basis or purpose. The department is responsible to be aware of the appropriate format and will be responsible for any required legal review and signature of the document, prior to presentation to the Commission. 6. PROCLAMATIONS Proclamations are used to provide a mechanism for a group, organization, office, or department to request that the Commission proclaim a date honoring their achievements; or providing public awareness of their group's issues. In addition,the County may make a local proclamation of any State or Federal proclamation for public awareness of a group or issue. Proclamations are submitted to the Commission for consideration according to the submission processes outlined in this policy. Commissioners' staff will assist agencies outside County government Page 11 in formatting and completing proclamations and submittal to the Commission. 7. MEETING MINUTES The Commission maintains written minutes of all Commission meetings. Preparation of minutes is the responsibility of the Clerk of the Board. Minutes for previous meetings are adopted by Commission motion at their regular meeting. Minutes will be posted by the Clerk of the Board to the County's website for access by the public. The minutes shall serve as a summary of the meeting and, at a minimum, will reflect the following: a. The date and time the meeting convened and adjourned. b. Commission members present. c. General topics and items considered (including discussion items). d. If a public hearing is held, the names of persons submitting verbal or written testimony, and whether they spoke in favor, or in opposition to the proposal for which the hearing was held. If the individual providing testimony is providing such testimony on behalf of a group, organization, or agency,the agency shall be noted as well. e. Commission motions, and the result of any vote taken by the Commission. The Commission may occasionally meet in joint session with the board or council of another municipal jurisdiction.The Commission may rely on and adopt the official minutes of the other jurisdiction at the Commission's discretion. Members of the Commission sit as board members on boards and commissions of other agencies at a local, regional, state, and federal level. Mason County relies on those agencies'official minutes and does not maintain separate minutes. Page 12 Attachment A MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Action Agenda Public Hearing Other DEPARTMENT: EXT: DATE: Agenda Item # Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) BUDGET IMPACTS: RECOMMENDED ACTION: ATTACHMENTS: Page 13 Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: DEPARTMENT: EXT: BRIEFING DATE: Previous Briefing Dates: If this is a follow-up briefing, please provide only new information ITEM: EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions) BUDGET IMPACTS: RECOMMENDED OR REQUESTED ACTION: ATTACHMENTS: Page 14 BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 date 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 3 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 9:39 9:15 a.m. 7. Approval of 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. 9. Other Business (Department Heads and Elected Officials) 10. 9:30 9:15 a.m. Public Hearings and Items Set for a Certain Time 10.1 11. Board's Reports and Calendar 12. Adjournment Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 12/19/18 3:58 PM3�56 PN4. If special accommodations are needed,contact the Commissioners'office at ext.419, Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. -__..__... ----- (12/19/2018) Diane Zoren - In compliance with RCW 47.12.055 and RCW 43.17.400, Page 1' From: "Dick, Herbert" <DickH@wsdot.wa.gov> , To: "bking@co.mason.wa.us" <bking@co.mason.wa.us> / U CC: "Betts, Eva" <BettsE@wsdot.wa.gov>, "Johnson, Jennifer L." <JohnsonJe@ws... Date: 12/14/2018 6:14 AM wk,4�� Subject: In compliance with RCW 47.12.055 and RCW 43.17.400, this letter provides the required T 60-day notice of the disposition of this property. Attachments: Assessor's Map Tax Parcel 42102-22-60000.pdf; Approved Revised Surplus Plan 3-23- 15525.pdf; 3-23-15525 Google Aerial Photo.pdf; WSDOT US 101 ROW Vacation.pdf To Mason County Commissioners: Randy Neatherlin, Kevin Shutty and Terry Drexler, RE: TPN-421022260000 WSDOT ICN-WSDOT IC#3-23-15525 The property shown in red on the attached map has been declared surplus to the needs of the Washington State Department of Transportation. In compliance with RCW 47.12.055 and RCW 43.17.400, this letter provides the required 60-day notice of the disposition of this property. If you are interested in receiving additional information regarding this surplus, please reply in writing to the undersigned at the address below. If you have no interest in this property, WSDOT would appreciate a written response (e-mail or letter) stating that you waive the 60-day waiting period. This will allow the WSDOT to move forward with the sale of the property without delay. Thank you, Herb Dick Washington State Department of Transportation Olympic Region Real Estate Services Attn: Herb Dick PO Box 47440 Olympia, WA 98504-7440 Direct Phone: 360-357-2797 Email: DickH@wsdot.wa.gov 9/2018) Diane Zoren -Assessor's Map Tax Parcel 42102-22-60000.pdf Page 1 ..................................................... ............... ............................ .............--........................ Mason County WA GI S Page I of I Mason County WA GIS county Homepage L-121)4 VAL&I VZT�I 11 41ALem, Search b ■ y Parcel or Adijm s VAU".DR -*Novi 11-71 l60N1WLLk11GJ9# ,, 131 w ALNVALLJSY .E N' WHIALIJI ON .",,--tt,I FWAY 10 1 w ,1(4 N VAL11,11.1 0 fit?mV fw�Atw%ywl, ON%l(A N'ALLEY(WO11. 221 NVALLEY ` 'R343S3Eg2sT .............. .......... HE RVA "WT,=1 D N LI AINAW Oka IN LRffFVA TV WACt.RI) .......... 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( _ _::._ Page 1 C____ Potlatch State Park-Google Maps Page 1 of 3 Go gle Maps Potlatch State Park 3a. q, ae:€ Imagery 02018 DigitalGlobe,U.S.Geological Survey,Map data 02018 Google 100 ft - - https://www.google.com/maps/pl ace/Potlatch+State+Park/@47.3441 858,-123.1627768,378m/data=!3ml!1 e3!4m5!3m4!lsOx54... 3/29/2018 (12/19/2018) Diane Zoren -WSDOT US 101 ROW Vacation.pdf Page 1 NlKMA TERRACE. 115ACTSMW 114.NW 14.ANDRE 114,NW IM,SECTION 2,TOWNSHIP 2/N.,RANGE 4 W..W.M. :ffii I i DIVISION ONE 1 ' 1:��a AND i I 3/ ti x Iwt, SW 114,SW 174,SECTION 05,TOWNSHIP 22 N.,RANGE 4 W.,W.M. _ Y^frrr _ I r,rt i,. �oEK + „ �u71_ --,--.-L_{•,_ yes wa r Ir �a�q p. aiilr[.waM 1 4t(• �sl,xa s:�/' i• j i req stl�a�ii� �I I moor ',I 1 1; �/ �` �•' \\ i Ji I ir Zip 41Iyi�i / T 1 �Alm��.,cr ua LEGAL OEb RIPT7011 iM�PER11' } •�Ir IR.arwr roR .tww SVrucd x rxr Kx cerp wasp:ma)au wx+:Y,wn xx b%Pk4CLl.42102-224OW 1 1 ( 1 t 7 Mn xxEp 4; M2, W 5, _,_ v ! / Pr�atC? Ma X41 f� Cffj { Uac A ,, ;n_� w :• ,.y mR,.�. .m, �R:? E :: (' ^ � Rvwm,uxn RC mYw 1 lie Ai �I.�I \'�l � 1 .� `�, ` / /�y}L�� 7 � •j � s �� vma¢wn«:w,x w.pom Rwmn r,A�w,a ►� J 1 / J ! (: /:�.. __, ��xi �I i f -- oATux EcmwE/rt aPRoaouRE �� " w.w.w.rarp"lR'm .. .� �• rw:as m w gnvx w .c a an_ Y 1� u aL siir-�`f : \ '. _ ntw W m es MY.S�a w.B..L Y:MOIY.rw aut'nwei 4a � rwr w m4 ,( f� LJ f� l \ ^pf {r >jl\�ti �. WRYEYOR NOI£S' gpxn➢R.T6w ter' 1 4 /�� \r�.t w • i f rt ��r� t T i woo m�p.c"4•sw�••'xa.,m xc sur.u�m raw.wu x\,t tt #i• .,.>tl... , pxR�°;,a,�w�p..ww,rrm.r.E.r., :ilv f' �',; {j' ( 4 REFERENCE SiaLYEY! - �,C V �i i� l��x �Y r ✓/� Its �/<.:a /r/ �p t idw� � i �t. r,7 .xr tLI'C ,'F ��\� !�,,\ < r✓ lei. I j .wm....ry a< 1 �i 14�j��1y T /' _�✓ - a>we Y >xG I _'� 't' nY V.,. 7 '., :.\ne I�y��6> L �r .� it'. .f!t �, /i` :` I n `/.'.Rps r '!,.'1114,0 �'. `6C-�• a Nt•: r, �.nn yr �a ww o �, • ` ••� \'� � T`"T`.,l�tr�i�,�;r`�;'i».=''•c.�"�-._ a-:-�,. _ .� r_-,- ^_ ,�A�' `'�„_.__.a par-r..n °`�°°' .,. � �y Rnm , bKdtOM19R TRmE ,q1 WSDOT PARCEL SITE SURVEY 8V1 T1IEATMF.NT 8YITEYLORE C,x KA MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Support Services EXT: 422 BRIEFING DATE: 1/7/19 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information ITEM: Approval to accept a resignation from James Pharris effective June 26, 2018 and to approve the Release and Hold Harmless Agreement to release and forever discharge Mason County, its officers, agents, employees, agencies, and departments from any and all existing and future claims, damages and causes of action foreseen and unforeseen of any nature whatsoever arising out of James' employment with Mason County and to pay the sum of $40,000, as agreed. EXECUTIVE SUMMARY: The approval of this Release and Hold Harmless Agreement is a compromise of any and all existing and/or future claims, damages and causes of action of any kind and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that the said Releasee deny liability therefor, and further that such shall not be a basis for claims for indemnity, contribution or breach of any Federal, state, local law. RECOMMENDED OR REQUESTED ACTION: Approval to place the Release and Hold Harmless Agreement between James Pharris and Mason County on the January 8, 2019 Action Agenda. ATTACHMENTS: Release & Hold Harmless Agreement f 1 _ Human Resources Budget Management or Gotr Commissioner Administratior Mason County Support Services Department th Emergency Management 411 N 5 Street Facilities,Parks&Trails Shelton, WA 98584 Human Resources 360.427.9670 ext. 422 Information Services Labor Relations Risk Management RELEASE AND HOLD HARMLESS AGREEMENT FOR AND IN CONSIDERATION of the sum of Forty Thousand Dollars($40,000),this Release and Hold Harmless Agreement is made and entered this' 7 th day of 2018 by and between Mason County and James Pharris(including his successors,assigns,heirs and estate collectively referred to as"Pharris")does hereby release and forever discharge Mason County and its officers,agents,employees,agencies and departments from any and all existing and future claims,damages and causes of action of any nature whatsoever arising out of James's employment,employment resignation and public records requests submitted before the execution of this Agreement. Recitals: Whereas James Pharris served Mason County in the position of Truck Driver 11 from the year December 6, 2000 until June 26,2018. Mason County and James Pharris wish to resolve their differences and fully settle and resolve any and all known and unknown,foreseen and unforeseen claims or potential claims. Accordingly,it is hereby agreed as follows: a) James Pharris shall provide the County with a letter of resignation indicating that his/her last day of employment shall be June 26,2018. b) Mason County agrees that unless required by law, the only information provided to prospective employers shall be the dates of Mr.Pharris employment with employed at Mason County. c) Mason County agrees that all inquiries regarding James Pharris or his employment with Mason County shall be directed exclusively to the Human Resources Manager. d) Mr.Pharris agrees that in the future,he will not seek employment with Mason County. Release: In exchange for entering this agreement,James Pharris forever releases and discharges Mason County, its past, present and future Commissioners, elected officials, officers, employees, agents, affiliates, assigns and successors from any and all claims, related to his employment with Mason County, his separation therefrom, previously submitted public records requests, or for any issues, or disputes arising before the date of this agreement. This release shall include any claims arising under Federal, state, or local law prohibiting discrimination, harassment, retaliation in employment, public records, claims or wrongful discharge, claims of constructive discharge, breach of contract, defamation, constitutional violations, unpaid wages, salary, or other sums, emotional distress, personal injury, attorneys' fees,or other statutory or common law claims. James Pharris agrees not to pursue any legal action against Mason County as the result of the signed letter of resignation and Settlement Agreement. Specifically, in addition to general releases and waivers, and agrees not to institute a law suit under Title VII of the Civil Rights Act of 1964, as amended,(Title VII),the Public Records Act,or any other unmentioned Federal,state,or local law. 1 of 2 James Pharris knowingly and voluntarily waives all rights under the Federal law, which provides that the appellant(James Pharris) may have 21 days from receipt of the agreement to review and consider this agreement before signing it.The employee further understands that he may use as much of this 21- day period as he wishes prior to signing and delivering this agreement. Federal law further provides that James may revoke this agreement within seven (7) days of the signing and delivering it to the County. Within 20 days after full execution of this Agreement, Mason County will deliver the monetary settlement to James Pharris. Federal law also requires Mason County to advise James Pharris to consult with an attorney before signing this agreement. Having been informed of these rights,and after consultation with his counsel, he voluntarily waives these rights. The parties agree that the content of this agreement are contractual and not mere recitals, Mason County understands that this release does not work to bar claims of breach of this agreement nor does it work to bar claims related to actions taken by Mason County or its officers,agents, or employees in the future which would contradict in any way the settlement reached herein. This agreement is to be construed under the laws of the state of Washington. The parties further agree that in the event of a dispute as to the content of this agreement that the proper jurisdiction and venue shall be Mason County Superior Court,Mason County,Washington. Agreement entered this day of , By and between aures Pharris Date Teamsters Union Local No.252 Date Randy Neatherlin,Chair Date Mason County Commissioner 2 of 2 J' MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Dawn Twiddy DEPARTMENT: Support Services EXT: 422 BRIEFING DATE: 1/7/19 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information ITEM: Two applicants applied for the Civil Service Commission vacancy. Dean Byrd is seeking reappointment and Susan Ickes is seeking a new appointment. The Mason County Civil Service Commission appointment is a six year term that ends December 31, 2024. EXECUTIVE SUMMARY: The Civil Service Commission of Mason County is governed by RCW 41.14. The Civil Service Commission ensure the rules for operation of the civil service system are consistent with state law. Hear investigations and appeals or complaints. Certify testing process and procedures. The Commission is required to meet monthly and the Commission serves without compensation. RECOMMENDED OR REQUESTED ACTION: Approval to place on the January Commissioners Action Agenda to appoint to the Mason County Service Commission for a six year term that ends December 31, 2024. ATTACHMENTS: Civil Service Board Application i• Clerk MASON COUNTY COMMISSIONERS 0 2nle. 411 NORTH FIFTH STREET SHELTON WA 98584 _— Mason COUntY Fax 360-427-8437,-Voice 360-427-9670, Ext. 499,275-4467 or 482-5269 1854 ' Commissioners I AM SEEKING APPOINTMENT TO NAME: &,San ADDRESS-, PHONE: r tel. ( Ja CITYOP: VOTING PRECINCT: !► WORK PHONE: -fin �(75o� (oR AREA IM THE COUNTY YOU LIVE) ./ E-MAIL , ( a/ J ' r� ---------------------------------------------------------------'---------------------------- COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: land il'i'!In.�' YRS POSITION, X COMPANY: eSC1i'C ra�rai� �1()( %/j Li fWYRS POSITION: (✓h2!{elf o� V� l -------------------------------------------------------------------------------------------- In your words,what do you perceive is the role or purpose of the Board, Committee or Council for Which you are applying: sae oa.& � oma 9/4 JA / 4 / Zinterests, skills do you wish t offer the Board Com ittee,or Council?' Please list any financial, professional, or voluntary affiliations which may r luence ( affect your position on this Board: (i.e.create a n1ia.1conflict of interest) Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and PLiblic Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Realistically,how much time can you give his position? Quarterly onthly Weekly Daily Office Use Only AppointmentDate ignature Date Term Expire Date Cc:CMMRS Neatnernn, onuuy, uremel �� H `� E0 Clerk IMWSSIOATERS °� cap as MASON COUNT 411 NORTH FIFTH STREET SHELTON WA 98584 Mason County Fax 360-427-8437; Voice 360-427-9670,Ext 419,,275-4467 or 482-5269 t854 Commissioners I AM SEEKING APPOINTMENT TO Mason County Civil Service Commission NAME: B. Dean Byrd ADDRESS: 620 East Hiawatha Blvd PHONE 360-490-5592 CITY/ZIP: VOTING PRECINCT: WORK PHONE: 360-490-5592 98584Johns PrairE_MAI� (ORAREAINTHE COUNTY YOU LIVE) © dbyrd@hCtC.Com -------------=----------------------------------------------------------------------------- COMMUNITYSERVICE EMPLOYMENT: (IF RETIRED.PREVIOUS EXPERIENCE) (ACTIVITIES ORMEMBERSHIPS) COMPANY: Mason County Sheriff (30)Years YRS Clharlipg Vision- Board of nirPctor, Mason County Historical Society Member POSITION: Chief Deputy Mason County Civil Service Commission COMPANY: Wa. St. Gambline Commission (10)Years YRS Citizens Criminal Justice Task Force-2014 POSITION: Supervising Special Agent -------------------------------------------------------------------------------------------- In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: Under RGVV 41-14 � The hiring,discipline/actions,terminations, to al rule making consistent with state law. We are their to ensure that classified employees of the Sheriffs office are treated in an equitable What interests, skills do you wish to offer the Board, Committee, or Council? personnel issues in which the Sheriffs Office may have to answer to the Civil Service Commission, or the Courts in ese ma ers. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e.create a potential conflict of interest) My previous ernploymeAt with the Shedffs Office that end-ed ip 2013 with my retimment I Inakafthis asa base of understanding and not a conflict. I can hold the Sheriffs Office accountable just as they could me. Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes and I have a� Realistically, hove/much time can you give to this position? fi s h 2e Quarterly x Monthly WeekJy Daly Office Use Only 11-15-18 Appointment Date Signature Date Term Expire Date Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Ross McDowell DEPARTMENT: Emergency Management EXT: 806 BRIEFING DATE: 01-07-2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Employee recognition for Tammi Wright EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): On November 9, 2018 Tammi Wright received her certificate of achievement for Advanced Professional Series in Emergency Management from FEMA. Tammi previously completed the Professional Development Series consisting of 7 fundamental training classes and now has completed the Advanced Professional Development Series consisting of 10 training classes. Tammi has received a Certificate of Achievement for Advanced Professional Series in Emergency Management from FEMA. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Recognition of Tammi Wright as an outstanding employee ATTACHMENTS: Tammi Wright's Employee Recognition letter Briefing Summary 12/26/2018 Emergency Management Division • 100 W. Public Works Drive Shelton, WA 98584 360.427.9670 ext. 806 Ross McDowell, Manager To: Mason County Board of County Commissioners From: Ross McDowell, DEM Manager Date: December 31, 2018 Ref.: Employee Recognition— Tammi Wright Commissioners, I am bringing to your attention all the hard work and diligent efforts that Tammi Wright has put into being a professional emergency management planner. It is with her persistent hard work and training that she has completed the Advanced Professional Series in Emergency Management. Tammi has previously completed her Professional Development Series consisting of 7 fundamental courses for Emergency Management. On November 1, 2018, Tammi completed her final training in the Advanced Professional Series, which consisted for 5 required courses and 5 elective courses and received her certificate of achievement for commitment to Standards of Excellence in Disaster Operations Skills. Tammi's dedication to work, desire to support and connect partnerships, and understanding of ways to achieve desired goals is unparalleled. Tammi displays a high level of technical competence for long and short term planning for emergency events. Tammi displays strong analytical qualities that make her an excellent planner. I am grateful to have Tammi Wright as a member of our County Emergency Management Staff and believe she deserve acknowledgement for her achievement. Thank you, Ross McDowell DEM Manager L.S.Department of Homeland Security 15825 SoiA.. S,--jr Avenue Er^m,ts,ur?. Mir-hard 2172? �z FEMA. November 9, 2018 Mr. Robert Ezelle Director Washington Emergency Management Division 20 Aviation Dr, MS: TA-20 Camp Murray, Washington 98430-5122 Dear Mr. Ezelle: I am delighted to provide the enclosed certificate for presentation to Tammi Wright, who has completed the Advanced Professional Series in Emergency Management. Completion of this series of courses is an accomplishment that distinguishes her as emergency manager with substantial expertise in emergency operations and management. By completing this series, she has demonstrated extraordinary dedication to the goal of protecting lives, communities, and resources from disasters. Please convey my personal congratulations and best wishes on behalf of the National Preparedness Directorate and the Emergency Management Institute. Sincerely, Steven P. Heidecker Deputy Superintendent (Acting) Emergency Management Institute Enclosure cc: Justin Fordice State Training Officer Y encmerg Management Institute ``V yA NTAI�. � G U- 1� FEMA Certificate of Achievement Presented to Tammi Wright has reaffirmed through completion of the Advanced Professional Series a. commitment to Standards of Excellence in Disaster Operations Skills. Awarded this 9th day of November 2018 Executive Officer - State Director Steven P.Heidecker Deputy Superintendent(Acting) Emergency Management Institute MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Frank Pinter DEPARTMENT: Support Services EXT: 530 BRIEFING DATE: 1/7/2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Purchase offer has been made on the following property: 22213-11-60030, Bucktail View, Belfair. EXECUTIVE SUMMARY(If applicable, please include available options and potential solutions): Declared Surplus Resolution #71-14 2018 Assessed Value: $73,470 Current offer: $140,000 Contingencies: 22EF(Funds Evidence) 22LA(Land/Acreage) 22T(Title Contingency) OPTIONS: Accept offer and set public hearing in order to sell property Counter offer Refuse offer ATTACHMENTS: Purchase and Sale Agreement Resolution 71-14 Briefing Summary 1/3/2019 Authentisign to:95244078-BA87-4F65-B4DE-ACA41791186E Form 25 ©Copyright 2017 Vacant Land Purchase&Sale Northwest Multiple Listing Service Rev.2/17 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: December 19,2018 MLS No.:959035 Offer Expiration Date: 1/9/2019 2. Buyer: Peggy L.Merriam Married as separate property Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 222131160030 0-XXX Bucktail View Belfair Mason WA 98528 Address City County State Zip 5. Purchase Price: $ 140,000.00 One Hundred Forty Thousand Dollars 6. Earnest Money: $ 2,500.00 Check; ❑ Note; ❑ Other (held by❑ Selling Firm; 66 Closing Agent) 7. Default: (check only one) 66 Forfeiture of Earnest Money; ❑ Seller's Election of Remedies 8. Title Insurance Company: Mason County Title Company 9. Closing Agent: Mason County Title Company Company Individual(optional) 10. Closing Date: 1/31/2019 ; Possession Date: 66 on Closing; ❑Other 11. Services of Closing Agent for Payment of Utilities: ❑ Requested(attach NWMLS Form 22K), 66 Waived 12. Charges/Assessments Levied Before but Due After Closing: ❑assumed by Buyer; 66 prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; 59 is not a foreign person for purposes of U.S. income taxation 14. Subdivision:The Property: ❑must be subdivided before is not required to be subdivided 15. Feasibility Contingency Expiration Date: ❑ days after mutual acceptance; I Other See 22LA(Land/Acreage) 16. Agency Disclosure: Selling Broker represents: Cid Buyer; ❑ Seller; ❑both parties; ❑ neither party Listing Broker represents: 66 Seller; ❑both parties 17. Addenda: 22EF(Funds Evidence) 22LA(Land/Acreage) 22T(Title Contingency) Addendum B AuthenisG, L � �G� }�� 12/1912018 B4gq, ;W9:M. PM PST Date Seller's Signature Date Buyer's Signature Date Seller's Signature Date 442 S.Camino Holgado Buyers Address Seller's Address Green Valley, AZ 85614 City,State,Zip City,State,Zip 510-754-2208 (360)426-9670 Phone No. Fax No. Phone No. Fax No. plmerriam(ii,)sbcglobal.net Buyer's E-mail Address Seller's E-mail Address Munn Bro's Hood Canal Prop Inc 2522 Richard Beckman Realty Group 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Jim Munn 78452 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)765-4500 (360)301-4700 (360)765-2100 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. noticesmunnggmail.com mail@RichardBeckman.com Selling Firm Document E-mail Address Listing Firm Document E-mail Address jmunn@olypen.com richard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 18490 18508 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:95244078-BA87.4F65-B4DE-ACA41791186E Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 5 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 6 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 7 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 8 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 9 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 10 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over $10,000.00 Buyer 11 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 12 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 13 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is$10,000.00 or less, the Earnest 14 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 15 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 16 Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written 17 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 18 addresses and/or fax numbers provided herein. 19 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 20 Money to the other party or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent. 21 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest 22 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 23 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 24 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 25 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 26 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 27 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 28 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 29 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 30 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 31 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 32 Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so 33 under this Agreement, that party shall be in breach of this Agreement. For the purposes of this section, the term Closing 34 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 35 action to deduct up to$500.00 for the costs thereof. 36 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 37 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 38 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 39 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Monetary 40 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be 41 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 42 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 43 acquired title. If the Property has been short platted, the Short Plat number is in the Legal Description. 44 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then-current 45 ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously 46 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 47 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 48 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 49 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 50 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 51 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 52 prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to 53 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 54 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 55 consequence of Seller's inability to provide insurable title. 56 e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 57 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 58 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 59 Fosing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 60 12/19/2018 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:95244078-BA87-4F65-B4DE-ACA41791186E Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 61 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to possession. 62 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 63 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 64 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 65 obtaining Buyer's consent,which shall not be unreasonably withheld. 66 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 67 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 68 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 69 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 70 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 71 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 72 purposes of completing a reverse exchange. 73 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 74 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 75 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 76 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 77 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 78 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 79 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 80 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 81 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 82 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 83 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 84 equivalent). 85 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 86 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 87 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 88 as agreed in Specific Term No.12. 89 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 90 terms) to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and anyone 91 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 92 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 93 and copies of documents concerning this sale. 94 i. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 95 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 96 under the Foreign Investment In Real Property Tax Act("FIRPTA") at Closing and provide the certification to the Closing 97 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 98 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 99 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 100 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 101 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 102 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 103 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 104 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 105 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 106 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 107 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 108 document(or a direct link to such notice or document) shall constitute delivery when: (i)the e-mail is sent to both Selling 109 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 110 Agreement; or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 111 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 112 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 113 k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 114 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 115 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 116 rJle eI holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 117 atur y, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 118 qAj12/19/2018 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:95244078-BA87.4F65.64DE-ACA41791186E Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 119 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 120 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 121 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 122 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror, then 123 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 124 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 125 this Agreement. 126 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 127 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 128 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 129 electronic form has the same legal effect and validity as a handwritten signature. 130 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 131 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 132 Buyer on the first page of this Agreement. 133 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 134 provision, as identified in Specific Term No. 7, shall apply: 135 I. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 136 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 137 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 138 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 139 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 140 any other rights or remedies available at law or equity. 141 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 142 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 143 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing party 144 is entitled to reasonable attorneys'fees and expenses. 145 p. Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00 146 p.m. on the Offer Expiration Date to accept this offer, unless sooner withdrawn. Acceptance shall not be effective until a 147 signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 148 accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 149 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 150 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 151 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 152 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 153 party, the other party's broker, or at the licensed office of the other party's broker. If the counteroffer is not so accepted, 154 it shall lapse and any Earnest Money shall be refunded to Buyer. 155 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 156 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 157 unless sooner withdrawn. 158 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 159 Selling Broker's Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing 160 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 161 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 162 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 163 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 164 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 165 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 166 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 167 t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 168 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 169 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 170 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 171 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 172 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph, the prevailing party is entitled to 173 [-qAt] 12/19/2018 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:95244078-BA87.4F65-B4DE-ACA41791186E Form 25 ©Copyright 2017 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.2/17 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 174 under this Agreement. 175 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 176 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 177 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 178 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 179 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 180 applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or 181 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 182 wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or 183 impact fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building 184 permit; sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. 185 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time 186 during and after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer 187 may need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 188 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be 189 responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does 190 not give notice to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 191 15, it shall be conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If 192 Buyer gives notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid 193 costs. 194 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 195 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 196 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 197 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 198 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 199 the Earnest Money shall be refunded to Buyer. 200 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 201 from Seller or Listing Firm related to the Property. This contingency shall be deemed satisfied unless Buyer gives notice 202 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 203 this section, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 204 x. Property Condition Disclaimer. Buyer and Seller agree, that except as provided in this Agreement, all representations 205 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 206 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 207 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 208 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 209 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 210 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 211 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 212 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 213 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 214 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 215 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 216 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 217 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 218 earthquake, landslide, and other available coverage. Brokers may assist the parties with locating and selecting third 219 party service providers, such as inspectors or contractors, but Brokers cannot guarantee or be responsible for the 220 services provided by those third parties. The parties shall exercise their own judgment and due diligence regarding 221 third-party service providers. 222 CYC 12/19/2018 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:95244078-BA87.4F65.B4DE-ACA41791186E Form 22EF ©Copyright 2017 Evidence of Funds Addendum Northwest Multiple Listing Service Rev.2/17 EVIDENCE OF FUNDS ADDENDUM ALL RIGHTS RESERVED Page 1 of 1 TO PURCHASE & SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated December 19,2018 1 between Peggy L.Merriam ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 0-xxx Bucktail View Belfair WA 98528 (the"Property"). 4 Address City State Zip 1. DEFINITIONS. 5 a. "Evidence" means document(s) from a financial institution(s) in the United States showing that Buyer has 6 sufficient cash or cash equivalent in United States funds. 7 b. "Non-Contingent Funds" means funds that Buyer currently has in its possession and for which there is no 8 contingency, such as financing (NWMLS Form 22A or equivalent), sale of Buyer's property (NWMLS Form 9 22B or equivalent), or pending sale of Buyer's property (NWMLS Form 22Q or equivalent). 10 c. "Contingent Funds" means funds that Buyer does not currently have, but expects to receive from another 11 source prior to Closing, and for which there is no contingency, such as a loan, proceeds from the sale of 12 other property or stock, retirement funds, foreign funds, a gift, or future earnings. 13 2. 0 EVIDENCE OF NON-CONTINGENT FUNDS. Buyer is relying on Non-Contingent Funds for payment of the 14 Purchase Price. Buyer shall provide Evidence to Seller of such funds within -3- days (3 days if not 15 filled in) of mutual acceptance. Unless Buyer discloses other sources of funds for the payment of the Purchase 16 Price, Buyer represents that the Non-Contingent Funds are sufficient to pay the Purchase Price. Buyer shall not 17 use such Non-Contingent Funds for any purpose other than the purchase of the Property without Seller's prior 18 written consent. If Buyer fails to timely provide such Evidence, Seller may give notice terminating this 19 Agreement any time before such Evidence is provided. Upon Seller's notice of termination under this 20 Addendum, the Earnest Money shall be refunded to Buyer. 21 3. ❑ DISCLOSURE OF SOURCES OF CONTINGENT FUNDS. Buyer is relying on the following Contingent Funds 22 for the Purchase Price: 23 ❑ Sale of the following owned by Buyer: 24 ❑ Gift of$ from 25 ❑ Funds not readily convertible to liquid United States funds(describe): 26 27 ❑ Other(describe): 28 Buyer shall provide Evidence to Seller days (10 days if not filled in) prior to Closing that the funds 29 relied upon in Section 3 have been received or are immediately available to Buyer. If Buyer fails to timely 30 provide such Evidence, Seller may give notice terminating this Agreement any time before such Evidence is 31 provided. Buyer shall provide Seller with additional information about such funds as may be reasonably 32 requested by Seller from time to time. Upon Seller's notice of termination under this Addendum, the Earnest 33 Money shall be refunded to Buyer. 34 4. BUYER DEFAULT. If Buyer fails to timely close because the Contingent Funds identified in Paragraph 3 are 35 not available by Closing, Buyer shall be in default and Seller shall be entitled to remedies as provided for in the 36 Agreement. 37 [At 12/19/2018 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentfeign ID:95244078-BA87.4F65-B4DE-ACA41791186E Form 22 L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 4 LAND AND ACREAGE ADDENDUM The following is part of the Purchase and Sale Agreement dated December 19,2018 1 between Peggy L.Merriam ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 0-xxx Bucktail View Belfair WA 98528 (the"Property"). 4 Address city State Zip 1. BUYER ACKNOWLEDGMENTS: If Buyer has any questions regarding the Property, Buyer is advised to make 5 the Agreement subject to relevant inspections, tests, surveys, and/or reports. BUYER ACKNOWLEDGES: 6 a. Buyer has observed and investigated the Property and has reached Buyer's own conclusions as to the 7 adequacy, acceptability, and suitability of the Property and surrounding area, and the feasibility and 8 desirability of acquiring the Property for Buyer's intended use, based solely on Buyer's examination of the 9 Property. 10 b. A generally accepted method for identifying boundary lines and verifying the size of the Property is to have 11 the Property surveyed, and corners identified and marked. A survey will confirm that the legal description is 12 accurate and that any presumed fences or other boundary markings are correctly located. Neither the Listing 13 Broker nor the Selling Broker shall be responsible for any discrepancies in boundary lines, information 14 regarding the size of the Property, identification of easements or encroachment problems. 15 c. A generally accepted method for determining whether on-site sewage disposal systems may be installed on 16 the Property is to have tests performed, such as "perc" tests, which are approved by the county for limited 17 time periods. Except as otherwise provided in the Agreement, Buyer assumes the risk that the Property is 18 suitable for any needed on-site sewage disposal system and related equipment. 19 d. A generally accepted method for determining water quality from any well or other water delivery system is to 20 have tests conducted by professionals certified by the Department of Ecology for items such as bacteria and 21 nitrates, and a generally accepted method for determining water quantity produced by a well is to have a test 22 conducted by experts to determine gallons per minute. Buyer understands that the results of such tests only 23 provide information regarding water quality or quantity at the time of the test(s) and provide no representation 24 or guarantee that results will not change or vary at other times. 25 e. If the Property is currently taxed at a reduced rate because a special classification such as open space, 26 agricultural, or forest land, and Buyer is to continue that use, Buyer understands approval from the county will 27 need to be obtained and that significant increased taxes, back taxes, penalties and interest may be required 28 to be paid if the use classification is changed or withdrawn at Closing or in the future. 29 f. A generally accepted method for determining the value of timber growing on the Property is to have a 30 qualified forester or forest products expert"cruise"the Property and give a written valuation. 31 g. If there is an on-site sewage system on the Property and the system has not been recently used, Buyer 32 should consider conducting a purge test and other inspections to determine whether there are any defects in 33 the system. 34 h. Additional tests or inspections of the Property may be required by local or state governmental agencies before 35 title to the Property is transferred. 36 I-T—Iff] 12/19/2018 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:95244078-BA87-4F65.B4DE-ACA41791186E Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 2 of 4 LAND AND ACREAGE ADDENDUM Continued 2. CONTINGENCIES: 37 a. General Contingency Provisions. This Agreement is conditioned on the applicable contingencies below. 38 The work to be performed shall be timely ordered by the party responsible for payment, except for the 39 Feasibility Study (if applicable), and shall be performed by qualified professionals. If Seller is responsible for 40 ordering the work and fails to timely do so, Seller will be in breach of the Agreement. 41 b. Contingency Periods. The applicable contingency periods shall commence on mutual acceptance of the 42 Agreement. If Buyer gives notice of disapproval and termination of the Agreement within the applicable 43 contingency period, the Earnest Money shall be refunded to Buyer. If Buyer fails to give timely notice within 44 the applicable contingency period, then the respective contingency shall be deemed waived. 45 c. Contingencies. Items checked below are to be paid by Buyer or Seller as indicated below and are 46 contingencies to the Agreement. Notwithstanding the payment allocation provided for herein, if the Agreement 47 fails to close as a consequence of a Seller's breach, the costs of the following shall be borne by the Seller: 48 Paid Paid Contingency period 49 by by (10 days if not filled in) 50 Buyer Seller ❑ ❑ i. Survey. Completion of survey to verify information days 51 regarding the Property as listed in 1(b). 52 ❑ ❑ ii. Perc Test. Perc or similar test indicating that the days 53 Property is suitable for installation of conventional 54 septic system and drainfield. If the sale fails to close, 55 the party who paid for the perc test shall fill in holes at 56 their expense within two weeks of the date the 57 transaction is terminated. Earnest Money shall not be 58 refunded to Buyer until perc holes are filled in if this is 59 Buyer's responsibility. 60 ❑ ❑ iii. On-Site Sewage System. The system to be pumped days 61 and inspected by a qualified professional to determine 62 that the system is readily accepting effluent and the 63 system has no apparent defects. (If VA Financing is 64 used, Lender may require certification of system.) 65 ❑ ❑ iv. Water Quality.Water quality and/or purity tests days 66 showing water meets the approval standards of the 67 Department of Ecology and the standards of the 68 governing county. Water quality tests to be performed 69 by a qualified professional. 70 ❑ ❑ v. Water Quantity.Water quantity tests (4 hour draw days 71 down test or other test selected by Buyer)showing a 72 sustained flow of g. p. m., which Buyer 73 agrees will be adequate to reasonably meet Buyer's 74 needs. Water quantity test to be performed by a 75 qualified professional. 76 ❑ ❑ vi. Timber.Timber cruise conducted by a qualified forest days 77 products expert of Buyer's choice, with results of the 78 cruise to be satisfactory to Buyer in Buyer's sole 79 discretion. 80 IYA] 12119/2018 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:95244078-BA87-4F65-B4DE-ACA41791186E Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 3 of 4 LAND AND ACREAGE ADDENDUM Continued 3. ADDITIONAL PROVISIONS (check as applicable) 81 E� Feasibility Study. If this box is checked, this paragraph supersedes and replaces the Feasibility Contingency 82 set forth in Specific Term 15 and General Term "u" of Form 25 (Vacant Land Purchase and Sale Agreement). 83 Completion of a feasibility study and determination, in Buyer's sole discretion, that the Property and any 84 matters affecting the Property including, without limitation, the condition of any improvements to the Property, 85 the condition and capacity of irrigation pumps, system and wells, the adequacy of water rights for the Property, 86 the licensure of wells, permitted or certificated water rights for the Property, the location and size of any critical 87 area on the Property, the number and location of approved road approaches from public roads, and the 88 presence of recorded access easements to the Property, are suitable for Buyer's intended use(s), and that it is 89 feasible and advantageous for Buyer to acquire the Property in accordance with the Agreement. In performing 90 any investigations, Buyer shall not interfere with any existing tenants' operations on the Property. 91 This feasibility study contingency shall conclusively be deemed waived unless within -30- (10 days if 92 not filled in) after mutual acceptance, Buyer gives notice disapproving the feasibility study. If Buyer timely 93 disapproves the feasibility study and terminates the Agreement, the Earnest Money shall be refunded to Buyer. 94 ❑ Irrigation and Water Seller warrants that there are shares of irrigation water rights 95 and shares of frost water rights applicable to the Property, all of which will be 96 transferred to Buyer at Closing. 97 ❑ Assignment and Assumption. At Closing, Seller will assign, transfer, and convey all of its right, title and 98 interest in, to and under any lease of the Property and will represent and warrant to Buyer that, as of the 99 Closing Date, there are no defaults under the leases and no condition exists or event has occurred or failed to 100 occur that with or without notice and the passage of time could ripen into such a default. At Closing, Buyer will 101 agree to defend, indemnify and hold Seller harmless from and against any obligation under the leases to the 102 extent delegated to and assumed by Buyer hereunder. 103 ❑ Attorney Review. This Agreement is conditioned on review and approval by the parties' attorneys on or 104 before . A party shall conclusively be deemed to have waived this contingency unless 105 notice in conformance with this Agreement is provided to the other party by the foregoing date. 106 ❑ Crops. Unless otherwise agreed in writing Seller has the right to harvest all growing crops in the ordinary 107 course of business until the possession date. 108 ❑ Accessories. The indicated accessories are items included in addition to those stated in Specific Term 5 of 109 the Agreement: ❑ portable buildings, ❑ sheds and other outbuildings, ❑ game feeders, ❑ livestock feeders 110 and troughs, ❑ irrigation equipment, ❑ fuel tanks; ❑ submersible pumps, ❑ pressure tanks; ❑ corrals and 111 pens; ❑ gates and fences; ❑ chutes; ❑ other: 112 The value assigned to the personal property included in the sale shall be $ 113 Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. 114 ❑ CRP Program. Buyer must assume all Conservation Reserve Program contracts and agree to continue them 115 through the expiration date of each such contract. All documentation for the assumption will be completed at 116 closing and must be approved by Farm Service Agency of the USDA prior to Closing. Any Conservation 117 Reserve Program payments shall be prorated as of Closing. 118 ry,K] 1211912018 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentislgn ID:95244078-BA87-4F65-B4DE-ACA41791186E Form 22L&A ©Copyright 2010 Land&Acreage Addendum Northwest Multiple Listing Service Rev.7110 ALL RIGHTS RESERVED Page 4 of 4 LAND AND ACREAGE ADDENDUM Continued ❑ 4. DOCUMENT REVIEW PERIOD. If this box is checked, Seller shall deliver to Buyer a copy of the following 119 documents within (20 days if not filled in)of mutual acceptance: 120 121 . 122 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (15 days if 123 not filled in) of receipt of the above documents or the date that the above documents are due, then this 124 document review period shall conclusively be deemed satisfied (waived). If Buyer gives timely notice of 125 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 126 ❑ 5. ADDITIONAL INSPECTIONS. If this box is checked and if a qualified professional performing any inspection 127 of the Property recommends further evaluation of the Property, Buyer shall have an additional 128 (10 days if not filled in) to obtain the additional inspection at Buyer's option and expense. On or before the 129 end of the applicable contingency period, Buyer shall provide a copy of the qualified professional's 130 recommendation and notice that Buyer will seek additional inspections. If Buyer gives timely notice of 131 additional inspections, the applicable contingency period shall be replaced by the additional period specified 132 above. The time for conducting the additional inspections shall commence on the day after Buyer gives 133 notices under this paragraph, and shall be determined as set forth in the Computation of Time paragraph of 134 the Agreement. 135 6. TAX DESIGNATION. 136 a. Classification of Property. Seller represents that the Property is classified as ❑ open space 137 ❑farm and agricultural 56 timberland under Chapter 84.34 RCW. 138 ❑ b. Removal from Classification. Buyer shall not file a notice of classification continuance at the time of 139 Closing and the Property shall be removed from its classification. All additional taxes, applicable interest, 140 and penalties assessed by the county assessor when the Property is removed from its classification shall 141 be paid by ❑ Seller ❑ Buyer ❑ both Seller and Buyer in equal shares(Seller if no box is checked). 142 56 c. Notice of Classification Continuance. In order to retain this classification, Buyer shall execute a notice 143 of classification continuance at or before the time of Closing. The notice of classification continuance shall 144 be attached to the real estate excise tax affidavit. Buyer acknowledges that if Buyer fails to execute a 145 notice of classification continuance, the county assessor must reassess the Property's taxable value and 146 retroactively impose additional taxes, applicable interest, and penalties, which Buyer shall pay. 147 7. ON-SITE SEWAGE SYSTEM — MAINTENANCE RECORDS. If there is an on-site sewage system on the 148 Property, Seller shall deliver to Buyer the maintenance records, if available, of the on-site sewage system serving 149 the Property within days (10 days if not filled in) of mutual acceptance. 150 I-TIKI 12119/2018 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date AuthentlsignID:95244078-BA87.4F65.84DE-ACA41791186E Form 22T ©Copyright 2015 Title Contingency Addendum Northwest Multiple Listing Service Rev.7/15 ALL RIGHTS RESERVED Page 1 of 1 TITLE CONTINGENCY ADDENDUM TO PURCHASE &SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated December 19,2018 1 between Peggy L.Merriam ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 0-xxx Bucktail View Belfair WA 98528 (the"Property"). 4 Address City Slate Zip 1. Title Contingency. This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, 5 together with any easements, covenants, conditions and restrictions of record. Buyer shall have 7 6 days (5 days if not filled in)from JR date of Buyer's receipt of the preliminary commitment for title insurance; 7 El mutual acceptance (from the date of Buyer's receipt, if neither box checked) to give notice of Buyer's 8 disapproval of exceptions contained in the preliminary commitment. 9 Seller shall have 7 days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer 10 notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to clear all 11 disapproved exceptions. 12 If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this 13 Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the 14 Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, 15 Buyer shall be deemed to have waived all objections to title,which Seller did not agree to clear. 16 2. Supplemental Title Reports. If supplemental title reports disclose new exception(s) to the title commitment, 17 then the above time periods and procedures for notice, correction, and termination for those new exceptions 18 shall apply to the date of Buyer's receipt of the supplemental title report. The Closing date shall be extended as 19 necessary to accommodate the foregoing times for notices. 20 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 21 as provided for in the Agreement. 22 1-0—Ad 12/19/2018 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentlelgn ID:95244078-BA87-4F65-B4DE-ACA41791186E Form 34 mdmd led== ©Copyright 2010 Addendum/Amendment to P&S br Wsw- Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT ADDENDUM B The following is part of the Purchase and Sale Agreement dated October 05,2017 1 between Merriam ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning xxx Bucktail View Belfair WA 98528 (the"Property").4 Address City State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1. This agreement is contingent upon the Mason County Commissioners approval of this purchase 6 and sales agreement, in an open public meeting. 7 2. Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 3. Escrow shall be Mason County Title and Escrow, Colleen Reamer. 9 4. Buyer shall pay for the Mason County Title Insurance policy. 10 5. Deed Shall Be a Treasures Deed, per RCW 36.35.130. 11 12 6. Buyer shall pay all current and past due Association dues. 13 7. Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of 14 Washington. 15 8. Commissioner Randy Neatherlin will sign for Mason County. 16 9. Seller has never occupied the property. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 1-9-KI 12/19/2018 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:95244078-BA87-4F65-B4DE-ACA41791186E EXHIBIT "A" LEGAL DESCRIPTION Order No.: 125043 All that portion of Lakewood Plat"F", Volume 2 of Plats, page 25, records of Mason County, Washington, particularly described as follows: BEGINNING at the Northeast corner of said Lakewood Plat "F"; thence West 1300 feet; thence South 1275 feet;thence East 450 feet; thence North 675 feet; thence East 850 feet; thence North 600 feet, to the POINT OF BEGINNING. Parcel No. 22213 11 60030 CJn � 12/19/2018 RESOLUTION NO. I | -14 DECLARATION OFSURPLUS PROPERTY AND APPROVAL OFSALE WHEREAS, Mason County owns the real property listed and legally described in Exhibit A, Attached hereto; and WHEREAS, certain parcels of the property are tax title property with delinquent property tax, penalties, interest and expenses owing� and VVHEREAG, other parcels were acquired for various purposes: and WHEREAS, the Board of County Commissioners upon the recommendation of the Property Manager and Property Management Committee has determined that the property is surplus to the needs of the County� mnd WHEREAS, the Mason County Board of Commissioners, on December 9th, 2014, held a public hearing during which members of the public were able to testify before the Mason County Board of Commissioners regarding the property, the proposed declaration of surplus and sale. NOW, THEREFORE, BE IT FURTHER RESOLVED, by the Mason County Board of Commissioners that the real properly described in Exhibit A, attached hereto, is declared surplus property and the Property Manager is authorized to offer all of said property for sale, first by the County's Real Estate professional and, as necessary by any of the several means authorized by Mason County Code 3.40. List prices are to be recommended by the County Real Estate professional and approved by the County Commissioners. The County Commissioners may adjust these prices upon receiving new information from the County Real Estate professional. The final selling prices are to be approved by the Board of County Commissioners; and BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to rainnburaementoftheFaoi||deoondParknfundforexpenaesofthePropertyManager� andfina||ytothe Reserve for Accrued Leave Fund. /} DATED this_,| day of . 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Julie AIL Randy Neatherlin, Commissioner APPROVED AS TO FORM: Tim 8he|dOO, COB0DOi8Si0De[ U111ill/ Tim Whitehead, Deputy Prosecuting Te'r r iJe8o3yS-M a| Attorney � Assessor Auditor Treasurer Property Manager EXHIBIT A SURPLUS PROPERTY November 3, 2014 Parcel Number Address or Legal Description Land Size Value 1 32105-50-33004 UNION - MCREAVY'S 3RD BLK: 33 7 acres Needs LOTS: 4-16 &ALL BLKS 34-40 INC assessme nt 2 32019-56-24005 Needham and Days N1/2 tract D, lot in .15 $7,500 City of Shelton 3 42212-50-01051 Lot off 101 in Hoodsport. Block 1, Lots 0 $760 51-55 EX 4 22206-53-00040 70 NE Firwood Place,Tahuya 0 $900 5 12209-34-00060 TR 6 OF SE SW. Classified as .26 $7,200 Transportation. Quail Hill Road Right of Way, Belfair. Uneconomic R. 6 12220-50-80901 ALLYN BLK: 80 VAC PTN SHERWOOD ?? 0 AVE 10' wide AD] Lot: 6 1/4 interestADJ LOT: 6 - 1/4 INT No Map available 7 42212-51-10903 Hoodsport mcReavy add block 10 tract ?? 0 4 No map or information 8 42212-51-10901 HOODSPORT- MCREAVY'S ADD BLK: ?? $500 10 TR 4 1/2 INT. No map available 9 42024-13-00480 Property under 101 overpass behind .27 $265 Miles Sand and Gravel 10 61930-51-00001 Lot 1 Riverhaven, near Decker Creek, 0 $90 Schafer Park Rd 11 32205-75-90010 1560 NE Hahobas Dr Tahuya, Dump site 3.05 $34,400 and clean up acres 12 32018-52-01902 REED'S ADDITION TO SHELTON BLK: .04 $375 1 LOT: 9 S 125' EX E 45' OF Long narrow property in Shelton- Useless 13 22035-23-00000 GOVT LOT 1 1/144TH INT. No Map 29 acres $1285 14 12118-22-00011 Uneconomic Rem. Off Grapeview loop .5 acres $7,020 road. Possible RV site? 15 12118-22-00012 Uneconomic Re. off Grapeview Loop .36 acres $8,775 Road 16 12207-34-60020 Off Rasor Road, logged in 2014 5 acres $45,500 17 12220-34-00080 Off Grapevie Loop Road, Uneconomic 1.9 acres $20,800 Rem -waterfront 18 22002-75-00170 1210 E Deer View Circle, Harstine Island 5 acres $52,000 Dump site 19 22005-30-02323 No results 20 22005-55-00007 91 E Wilchar Blvd—hulk mobile home ? $5,000 21 22005-55-00008 91 E Wilchar Blvd—hulk mobile home ? $5,000 22 22005-55-00009 91 E Wilchar Blvd—hulk mobile home ? $39,665 23 22129-24-6000 Land on SR3 by Pickering Intersection 2.5 acres $15,750 24 22129-75-90092 Anthony Road junk yard, needs clean 1.04 $15,300 up acres 25 22129-75-90093 Anthony Road junk yard, needs clean 1.03 $15,300 up acres 26 22213-11-60030 Near Rasor Road, Access issue, logged 26 acres $65,000 in 2014 27 32105-50-23000 McReavy Road vacant land, adjacent to 9 acres $54,720 transfer station 28 32105-50-33004 McReavy Road vacant land, adjacent to 7 acres No transfer station estimate 29 32232-52-08021 Lot next to Union Park .6 acre $6,440 30 52024-41-00000 NE SE EX SEE SURVEY 1/233 Little 6.5 acres $14,650 Egypt Rd 31 52024-41-00030 N1/2 N1/2 S1/2 NE SE SEE SURVEY 5 acres $10,000 1/233 Little Egypt Rd 32 52024-41-00040 S1/2 N1/2 S1/2 NE SE SEE SURVEY 5 acres $10,000 1/233 Little Egypt Rd 33 52024-41-00050 S1/2 S1/2 NE SE SEE SURVEY 1/233 10 acres $12,500 Little Egypt Rd 34 61936-41-00040 On Cloquallum Road, almost in GH .96 acres $4,095 County MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen, Planning Manager DEPARTMENT: Community Services EXT: 286 BRIEFING DATE: January 7, 2019 PREVIOUS BRIEFING DATES: None ITEM: Place on January 15, 2019 Action Agenda to Set a Public Hearing for February 5, 2019 to consider annual update to the Capital Facilities Plan (Chapter 6 of the Comprehensive Plan). EXECUTIVE SUMMARY: The Department of Community Services received updates to the Capital Facilities Plan from the Departments of Public Works and Support Services. The Planning Advisory Commission held a public hearing to consider this update on December 17, 2018. They recommended to forward the updates to the BOCC. This briefing is for the Notice of Hearing to be published in the Journal. BUDGET IMPACTS: As shown in the updated project tables. RECOMMENDED OR REQUESTED ACTION: Approval to Set a Public Hearing for February 5, 2019 to consider request for rezone. ATTACHMENTS: Staff Report and exhibits including Notice of Hearing Briefing Summary 1/2/2019 STAFF REPORT A PUBLIC HEARING for proposed amendments to the Capital Facilities Element of the Comprehensive Plan 1. Contact Person Kell Rowen, Planning Manager Mason County Community Services 615 W. Alder St.; Shelton, WA 98584 360.427.9670 ext. 286 2. Introduction Mason County Staff is proposing amendments to the Capital Facilities Element of the County's Comprehensive Plan. These amendments are strictly limited to updating the "Project Costs"tables and years. 3. Discussion Planning staff worked with Public Works and Support Services teams to update the tables. This annual update is limited to an update of projected costs and timing. 4. Recommendation Staff asks that the BOCC review and discuss the proposed amendments and approve for adoption. 5. Attachments • Updated pages from the Capital Facilities Element BOCC Staff Report CFP Update 1-7-2019 Page 1 1/2/2019 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold public hearings at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, February 5, 2019, at 9:30 A.M. SAID HEARING will be to consider adopting the annual update to the Capital Facilities Plan. If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. If special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 15th day of January 2019 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal - Publish 2x: January 24& 31, 2019 (Bill: Community Development—615 W.Alder,Shelton,WA 98584) <//1P" 0 " ELEMENT 2018-2023 CHAPTER 6 - CAPITAL FACILITIES Y Table of Contents 1. OVERVIEW 3 11. FINANCE PLAN 9 1: Water and Wastewater 12 2: Solid Waste 19 3: Parks and Trails 22 4: County Administration 55 5: Police and Criminal Justice 70 6: Stormwater 74 7: Transportation Facilities 81 I. OVERVIEW Several key improvements in the 2018-2023 CFP Washington's Growth Management Act (GMA) (36.70A.070 RCW) include: requires that the Capital Facilities Element be included in the • Sewer improvements in Belfair County Comprehensive Plan. This element provides an inventory of . Solid waste facility improvements existing conditions and publicly owned facilities by quantifying . County jail improvements capital facilities currently provided by Mason County or by other jurisdictions operating in the County, projecting future needs, • County campus improvements developing a six (6) and twenty (20) year financing plan. The CFP is • Belfair to Shelton trail development a planning document; it is not a budget expenditure. The CFP includes proposed projects, funding sources, and general timelines The CFP also assesses capacity of the County's facilities and the level to help guide the prioritization of limited resources for capital of service they provide is discussed and compared with the County's improvements to achieve our strategic goals. desired levels of service. The "level of service" is an objective measure of how well services are provided to the public. AN IMPORTANT PLANNING AND COORDINATION TOOL Deficiencies and improvement needs are identified, improvement This Capital Facilities Plan (CFP) helps shape the quality of life in our costs are estimated, projects are scheduled for six and twenty year communities. The plan provides a detailed six-year roadmap for planning horizons, and a six-year finance plan and possible financing funding projects that reflect the priorities of the citizens of Mason options are discussed. County. There are other, non-county, public organizations and special The CFP helps the rest of the County's major plans come to life by districts that have capital facilities and taxing authority that is requiring that projects have a coordinated plan for full financing and connected and coordinated with Mason County. These include the ensuring that multiple projects are not competing for the same school districts, hospital districts, port districts, cemetery district, revenue. The CFP provides a reality check for the County vision and public utility districts, regional library system, water districts, and the other long-range plan elements of the 2016-2036 fire districts. These districts have their own governing body and Comprehensive Plan. Planning for capital facilities is a complex task, capital facilities planning. Mason County non-county districts but planning is only the beginning. Finding resources to pay for include: two hospital districts, the Ports of Allyn, Dewatto, those needs is another critical coordination step. Grapeview, Hoodsport, and Shelton; the School Districts of Southside, Grapeview, Elma, Shelton, Mary M Knight, Pioneer, See Figure 1 for a map of all 2018-2023 Capital Facilities Projects in North Mason, and Hood Canal; Fire Protection Districts; Cemetery Mason County. District; Belfair Water District; Public Utility Districts; Hartstene Pointe Water-Sewer District, Maggie Lake Water District, Tahuya River Valley Water District, and Trails End Water District. Capital Facilities Element Page 3 of 85 124/217/178 Figure 1. Map of Mason County 2018-2023 Capital Facilities Plan All Sunset Bluff Park SandhiII t?ark 44, t n_ Beards Cove �s BeKslr Sevier Water System y' Improvements Belfairfl � rt9f /I�fJ.k son '�FootAiflsPa �,x. r t SkatehNate j Park Sport Field ' � � ,r *6f �'y�r_•,. ` G f i t1�_ Coulter rtot C6eekPark ra,�c � f0+ it arts~ .r4.9enard'sLandIng Har ney MID, Allyn rail, ...—';,� ,,.._ . n JRendslandPark 1 { son s 1 1 dwoodPark No 0 T - /^R,laon Lake rth,B Y11 UnionBoatRamp /i Boat Lau�h !Sevier ystem Union u 111 rre6 Nobles U" Skookomish Ri4 Pocket Park 3� ! Restoration _ �011 a�! i �Rusttearood Water 1 f System Improvements Mason oGov i Impravttents f Philips Lake Park t,fCRilPark O Eells Hill NJast�e F acuity Oakland Bay Improvements Historical Park - wrnoRw Hall Mason CoG t*lr" Wacohy Park Improvements G Vlalker Park .1 l:a _ „t�'• � lefArlO Kennedy Gr>:elt Pierce urxon Capital Facilities Element Page 4 of 85 124/217/178 FACILITY NEEDS The state Growth Management Act requires that level of service (LOS) standards be established ensure adequate transportation improvements, water and wastewater facilities, solid waste management facilities, schools, parks and trails , police and fire, and other capital facilities to meet the needs of the population as it grows and changes over the next twenty years (WAC 365-196-320). Tables 1 and 2 summarize these new measures for Mason County and Non-County facilities. Table 1. County Facilities—Level of Service Facility 2016 Capacity 2036 Needs Level of Service Standard Reference Water and Wastewater District Plan Approval Yes RCW 57.16.010 and WAC 246-272-01001 Reduction in Flood Risk/Water Quality Water Quality and Adequacy Implementing TBD Monitoring RCW 19.27.097 and RCW 58.17.110 Sewer System(UGA) 1,500 3,500 Area(acres)of UGA Served Low Impact Development/Reduction of Stormwater Management Implementing TBD Pervious Area RCW 36.89 Solid Waste Management SWMP 2017: Properly dispose of all waste Solid Waste Facilities .567 .602 .6 Tons per 1,000 population received. County Administration 231,500 scl ft or Government Buildings 400scl ft per employee >250 sq ft 250 sq ft per employee State Standard Law and Justice Court Rooms 5 >1 per Judicial Position 1 per Judicial Position District 10,000 cases 20,000 cases Annual Cases Superior 2,500 cases 5,000 cases Annual Cases Law Enforcement 66 total or 1/1000 TBD Deputies per 1000 Population WSPC 94 beds total or.001 County Jail per 1,000 TBD .5 beds per 1,000 population Detention Center 7 Beds TBD Reduction in use—intervention programs Capital Facilities Element Page 5 of 85 124/217/178 Table 1. County Facilities—Level of Service (continued) Facility 2016 Capacity 2036 Needs Level of Service Standard Reference Transportation County Roads LOS C or better LOS C or better LOS C RCW 47.06.140 and RCW 47.80.030—*See Urban Arterials *No Urban Arterials TBD LOS D also Transportation Element and State Highways(urban/rural) LOS D or better LOS D or better LOS D/C Transportation Improvement Program Maintenance 40.5"Poor"of 235 Roads miles 0"Poor"miles All Arterials-None with"Poor"Rating Bridges 64 bridges/13 deficient 0"deficient" bridge No"deficient"bridges WAC 136-20-060 and 23 CFR 650.3 Parks and Recreation Parks 956 Acres/62,300 5 acres per 1,000 5 acres per 1,000 population National standard Trails 0/62,300 .5 miles per 1,000 0.5 miles per 1,000 population National standard Table 2. Non-County Facilities—Level of Service Facility 2016 Capacity 2036 Needs Level of Service Standard Reference Non-County School Districts Expenditures/Revenue Per Student WAC 180-27-035 Southside School $11,501 Expenditures$11,948 District Revenue per student TBD Expenditures/Revenue Per Student Grapeview School $10,016 Expenditures$9,860 District Revenue per student TBD Shelton School $10,043 Expenditures$10,187 District Revenue per student TBD Mary M Knight $15,219 Expenditures$14,876 School District Revenue per student TBD Pioneer School $11,295 Expenditures$11,996 District Revenue per student TBD North Mason $9,435 Expenditures$9,429 School District Revenue per student TBD Hood Canal School $14,521 Expenditures$14,743 District Revenue per student TBD Capital Facilities Element Page 6 of 85 124/217/178 Table 2. Non-County Facilities—Level of Service (continued) Facility 2016 Capacity 2036 Needs Level of Service Standard Reference Non-County Percent Population and Percent Service Fire Protection Area North Mason General 19%pop and 20%land area Projected Pop Growth City of Shelton 11%pop and 1%land area 1 2%pop and 2%land area 3 5%pop and 2%land area 4 9%pop and 8%land area 5 29%pop and 20%land area Projected Pop Growth 6 5%pop and 2%land area 9 2%pop and 6%land area 11 2%pop and 1%land area Projected Pop Growth 12 2%pop and 18%land area 13 3%pop and 8%land area 16 2%pop and 7%land area Projected Pop Growth 17 3%pop and 2%land area 18 6%pop and 2%land area Hospital Districts 1 Doctor per 3,790 1 Doctor per 1,190 Doctors per 1,000 population Port Districts Public Benefit Projects Public Utility Districts 9%Electric Load 20%Electric Load Renewable Energy Capital Facilities Element Page 7 of 85 121/217/178 FINANCING Facility needs are identified, and a six-year finance plan is developed In other cases, restrictions to growth may be imposed until for sewer, water, parks and recreation, and stormwater. This appropriate service standards for capital facilities are achieved. Section also includes the results of facility planning efforts for Land use applications for certain development proposals, in areas County administrative buildings, police and criminal justice facilities, targeted for future growth, could have their approvals withheld and solid waste facilities. Financing needs and options are included pending concomitant development of appropriate urban service for these facilities as well. The Section includes by reference the level facilities (e.g., sewer facilities). The municipality would be capital facilities plans for Grapeview, Hood Canal, North Mason, responsible for managing the concurrent development of these Pioneer, and Shelton School Districts, to facilitate orderly growth urban services. Requiring individual developers to fund and and coordination in the provision of future capital facility needs. implement needed improvements is one possible funding method among a variety of other scenarios (e.g., grants, loans, and state, CONCURRENCY MANAGEMENT federal, and private sources). Under this arrangement, the final One of the Growth Management Act goals, referred to as tenant (e.g., homebuyer or building purchaser) would ultimately "concurrency," is the provision of infrastructure facilities and pay for the new facilities through a higher initial purchase price or services to serve projected growth at the time such growth occurs, through a periodic assessment. Mason County's policies for or within a reasonable time afterwards. This starts with identifying concurrency management are contained in the following section. specific facility needs using the strategies previously discussed. Another important aspect of concurrency is the ability to monitor DEVELOPMENT PROCESS the development of infrastructure improvements to assess whether Mason County evaluated its existing facilities, its future needs, its they keep pace with approved development. costs, and the types and levels of services which it should require or provide in the county. The goals and policies listed herein are the Concurrency management, as it is called, involves a set of land use result of this process. Policies listed under General Capital Facilities and permit approval processes designed to ensure facilities and apply to all facilities addressed in the Capital Facilities Chapter. services keep pace with growth. In some cases, development codes Facility-specific policies apply only to those facilities. could be enacted to require that specific LOS standards be promulgated through the development of identified improvements. Capital Facilities Element Page 8 of 85 121-/217/178 II. FINANCE PLAN A key feature of the Capital Facilities Plan (CFP) is providing public facility capacity to meet anticipated demand based on capacity assumptions and population trends.The CFP relates to the Land Use Element, uses the same population growth and distribution projections, and plans for 6 and 20-year needs. GMA requires the CFP include a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent.This section analyzes the foregoing inventory, needs, and levels of service, along with the expected revenues and expenditures within the next six-years, to determine if reassessment is necessary. POPULATION GROWTH ASSUMPTIONS Estimated capital facilities needs for this plan are based on the population projections shown in Table 3. Because the Capital Facilities Plan is part of the Comprehensive Plan, and GMA requires that all parts of the Comprehensive Plan be internally consistent. The Capital Facilities Plan, Capital Improvement Program and Transportation Improvement Program must continue to use the population projections that have been adopted by the County(and cities) as part of the Countywide Planning Policies and the Comprehensive Plan until new ones are adopted. Table 3. Mason County Population Growth Projection 2016-2036 Percent Population Increase 2016 2036 Increase 2016-2036 Mason County Total 62,320 83,800 21,480 34% City of Shelton 10,070 16,200 6,130 61% Shelton UGA 3,740 7,220 3,480 93% Urban Growth Areas (Allyn, Belfair) 2,990 4,720 1,730 58% Rural County 45,520 55,660 10,140 22% Capital Facilities Element Page 9 of 85 124/717/178 The following facilities are included in the financial planning: ■ Water and Wastewater Systems ➢ Belfair Sewer 20 Year Finance and Rate Forecast Cost Calculations for Build Out Real Estate Excise Tax 1(REET1), REET 2, and .09 Sales Tax Revenues. (Appendix A) ■ Solid Waste Management Facilities ■ County Administration ■ Police and Criminal Justice ■ Stormwater Facilities ■ Public Works Facilities ■ Parks and Recreation Only County owned and operated facilities are included in the longer range financil analysis. Several alternatives have been suggested to deal with the problem of providing water and wastewater service in areas outside the existing utility service area in which growth is forecast. The service area for the solid waste utility is county-wide. The finance plan identifies reasonably reliable funding sources, and forecasts revenue and expenses to at least the year 2023. Funding varies depending on the facility. The different financing methods, public or private, could have significant implications on the cost of utility service. Potential funding sources that could be used to fund unanticipated needs and shortfalls are also discussed. FINANCIAL IMPACT OVERVIEW The financial impact for capital facility improvements have been analyzed for the six year planning period. Information on transportation can be found in the Transportation Chapter. A summary of the six year improvement costs, revenues and financing is listed in Table 4. displaying the cost by capital facility category. Capital Facilities Element Page 10 of 85 124/217/178 Table 4. Capital Facility Improvement&Finance Costs 2018-2023(in Thousands) Capital Facility Category Improvement Costs Expenditures Finance/Revenues Water&Wastewater Systems 11,060 11,060 11,060 Solid Waste Management 1,975 1,975 1,975 County Administration 7,109 7,109 7,109 Stormwater 21,976 21,976 22,003 Public Works (Road Funds) 2,716 2,716 2,716 Parks& Recreation 12,605 12,605 12,605 Total 57,441 57,441 57,468 Capital Facilities Element Page 11 of 85 12-1/217/178 1. WATER AND WASTEWATER UTILITIES 2018-2023 Water& Waste Water Capital Improvement Projects The County owns and operates two public water systems, Rustlewood and the Beards Cove system. These systems serve an average of 590 residential connections. The County also owns and operates three sanitary sewer t �� collection and treatment facilities, North Bay /Case Inlet ;ICC Water Reclamation Facility, Rustlewood Wastewater; Treatment Plant and the Belfair Water Reclamation Facility. +�,jj " "``} * may � � � ` 3Y3 AluLL E iu North Bay/ Case inlet Water Reclamation Facility provides I wastewater treatment to protect Case Inlet from sewage contamination and to facilitate urban development within Beards Cove m sewer the Urban Growth Area (UGA). The Rustlewood facility NOtsr system ef1B1ts protects the water of Pickering Passage and the Belfair Water Reclamation Facility protects the water quality in / l Hood Canal and facilitates urban development within the p UGA. The Belfair and Case Inlet Facilities serve the present and future populations in both urban growth areas. Both 0 1 the Belfair Water Reclamation project and the Case/Inlet106 3 seer 0y teR,l� use advanced water treatment science to produce Class A 1 reclaimed water Future sewer extensions for the Belfair area will occur in phases. Rustlew water The following "Water" and "Wastewater" sections provide syste/m(mprovements project-level detail on the planned improvements _ 3 necessary to meet state regulatory guidelines in the provision of water and wastewater services for these systems. _ - Capital Facilities Element Page 12 of 85 124/217/1-78 Each project in each section is accompanied by a separate project sheet, which provides a description, and justification, along with a table depicting the estimated costs and funding sources for planning period 2018 though 2023. A summary table that provides overall costs and funding sources for each water and sewer system follows each section. Financing the planned utility improvements requires the use of grants, loans, utility fees, system development charges, developer contributions, and capital reserves. The specific combination of funds, and the availability of grants and loans, will affect user rates for each system as well as the timing on projects. The ability to initiate specific projects will be assessed annually based on the urgency of need, reserve funds available, and commitments from funding agencies to provide grants and/or loans. The decision about whether or not to proceed with any planned project is the decision of the Mason County Board of Commissioners for consideration in the annual budgeting and rate-setting process. To the extent possible, projects will be funded through: • Rate revenues (capital reserves) • Grants • Low interest loans • Developer contributions • County issued revenue bonds Each project cost sheet identifies the accuracy of the estimated costs shown, based on the following scale: • "Planning Level" — The least accurate of costs estimates, in the range of + or — 40%. Cost estimates at this level are usually based on a project concept and some assessment of relative scale, or annual program amounts commensurate with a level of activity sufficient to accomplish the intent of the program over time. • "Design Report" — Moderate accuracy, in the range of + or — 30%. Based on design report evaluation of options and an assessment of project elements and associated costs. • "Engineer's Estimate" — Most accurate estimate, in the range of + or —15%. These estimates are based on a project design or significant completion of design work. Capital Facilities Element Page 13 of 85 123/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET PUBLIC WORKS-UTILITIES&WASTE MANAGEMENT Fund: 403-North Bay Sewer System Project Name: Treatment Plant Upgrades Estimates: Planning Level Description: Analyze potential future development, and the options for providing additional treatment plant capacity and provide engineering to design the improvements for construction in subsequent years. Secure funding for final design and construction, which is likely to be a mix of grants/loans, utility rates, and REET funds. Prepare final engineering and construction documents, and construction improvements needed to accommodate planned growth. Justification: The existing plant is expected to reach design capacity for treatment in 2019. This work is necessary to facilitate continue growth within the urban growth area (UGA). This project will conduct the analysis and design the next 20-year increment of capacity for the plant. This project will also identify the most critical capital replacement needs for the existing system and will ensure a consistent level of service for our current customers. Estimated Project Costs(in thousands) Revenues/Resources 2018 2019 2020 2021 2022 TOTAL Rates 50 150 50 500 750 Grant/Loan Revenue 2,500 2,500 Total Resources 50 150 50 3,000 3,250 Expenditures Planning and Design 50 150 200 Permitting 50 s0 Construction 3,000 3.000 Total Expenditures 50 150 50 3,000 3.250 &;t0FnntAd Pr p,,.,,,nues/Resau.rnr 20is 28&9 2020 2021 2022 2026 2031 2034 T-QT-AC Rates so s9 s9 -50 I88 1-10 7-5 44�5 -Grand Loa n-Reven uie Tat;;' Rp,;o....,, so s0 4-00 1-00 7-531 474 Capital Facilities Element Page 14 of 85 124-/217/178 IlimpendkWes Waste Storage Sheds c50 Heavy Equipment UpeFades so s8 7-5 488 New Transfer Statmen i98 Design 400 44-5 IN cr-enStr'�FUCVeR so 59 59 489 7-5 20 Total FxpenditWe 58 59 58 -198 4-89 —5 475 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET UTILITIES&WASTE MANAGEMENT Fund: 412 Beards Cove Water Project Name: Beards Cove Distribution System Improvements Estimates: Pla;.T.:rg Leve:Engineer's Estimate Description: Complete installation of water service meters. Justification: The Water Use Efficiency Rule requires all water systems install service meters by January 2017. The community will benefit from meters by providing leakage data and allow billing based on usage.The County has obtained a Rural Development Loan from USDA to assist in the project cost. Estimated Proiect Costs(in thousands) Revenues/Resources 2018 2019 TOTAL Capital Facilities Element Page 15 of 85 121`/217/178 Rates Transfer in from Reserve Fund 429 63.5 100 163.5 USDA Loan 107.4 166 273.4 Total Revenue 170.9 266 436.9 Expenditures Water Meter Installation 170.9 266 436.9 Total Ex ennditures 170.9 266 436.9 . ject Costs(an thousands) Revenue siReseurr:es 2019 2022 2027 2032 TATAI Rates -33 s8 &0 so 483 TTFa is ^cam in from Reserve Fund 429 3635 399 3�5 139 518.5 SBA Lean 163.5 363.5 C Total .,,�'e 369 -1-50 4-7-5 389 965 6*pen'ditWes Water-.,Pyrett r i n st'al l ati o n 359 350 Hydrant Replaeen+et-vt 40 Main Replacement Rref 4 350 375 389 505 Total Expenditures 36A 150 4-7-5 488 9&S Capital Facilities Element Page 16 of 85 123/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET PUBLIC WORKS-UTILITIES&WASTE MANAGEMENT Fund: 411-100- Rustlewood Water Project Name: Rustlewood Water System Improvements Estimates: DlaRning evelEngineer's Estimate Description: Install water service meters Justification: The Water Use Efficiency Rule requires all water systems install service meters by January 2017. The community will benefit from meters by providing leakage data and allow billing based on usage. The Rustlewood Water System was not eligible for USDA Rural Development Funding due to the financial standing of the system. REET 2 funds are being used to pay for the water meter system at Rustiewood.Grant and lean funding well be puFsuedl te- Minimize utility rate impacts. The WastewateF Collection Systern centonues to show the effeets of its age by allowing ground water te leak inte the system causing high flows inte the treatment plant during peried ef gMundwater saturation. This project is designed to reduce these flows te manageable levels. Planned aEtivities iRG'uide: manhele and pipeline grouting, and installation of approximately 4,000 linear feet Of Mainline seweF pipe . Estimated Project Costs(in thousands) Revenues/Resources 2018 2019 TOTAL REET 2 127 23 150 Total Resources 127 23 150 Expenditures Uses Watgr Meter Installation 1 Lr+irnatta.dMed IO.ninr+!'nr+r/.n+h nwr,...Jr1 Revers, es/Rnrn„rrznr 2018 293:9 2928 2921 2022 2923 2024 2825 2826 2827 2828 2829 2039 2031 2032 T9TA1 2017 DCCT 2 GarFyeveF 242 ,r 242 R-FET2 299 395 6874 66 63.6 64-4 5S 9 336.5 54.4 51-7 49-3 4.7 44-6 42-21 33 8 3-186 Tn+moi onrn...,.nr 4,4,2 i$5 68A 66 6.3-. 61- -5 ; 156.5 544 53:7 4903 47 44-.6 42-2 39.8 -359 Capital Facilities Element Page 17 of 85 121/217/178 kxpeR ditW sj Uses Wat 11 Anter IRStallatien ick 1-58 �$r�-RL't�HE�if� 491 �99 Debt-P-ay*+Pnt4-P-r� 24 2" 444 17-9 4-63 449 -1-3-3 44-.-9 404 8 S 7-3 1:7 4v2- 2-W IQ 4w Debt-Payinerts-lntereA A 50 49 49 47 46 46 45 44 4-3 4? 44 40 40 39 61-7-1 29 34 SA. WellSystem-Reps Igg Total Wses 444 WS 68 66 E4 454 €r9 33W 54 -2 4.9 4-7 44 42- 49 473SO 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET PUBLIC WORKS-UTILITIES&WASTE MANAGEMENT Fund: 411-200—Rustlewood Sewer Project Name: Rustlewood Sewer System Improvements Estimates: Engineer's Estimate Description: Infiltration and inflow (1&1) reduction Justification: The Wastewater Collection System continues to show the effects of its age by allowing ground water to leak into the system causing high flows into the treatment plant during period of groundwater saturation. This project is designed to reduce those flows to manageable levels. Planned activities include: pipeline cleaning, and installation of approximately 4,500 linear feet of mainline sewer pipe linings. Pipeline cleaning and video inspection was completed in 2018. Lining of the mains will be completed in 2019. Estimated Project Costs(in thousands) Revenues/Resources 2018 2019 TOTAL 2017 REET 2 Carryover 242 242 REET 2 27 27 Total Resources 242 27 269 Capital Facilities Element Page 18 of 85 124-/217/178 Expenditures/Uses I&I Reduction 19 250 269 UM am ME M" M 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET PUBLIC WORKS-UTILITIES&WASTE MANAGEMENT Fund: 411—Rustlewood Water Project Name: Rustlewood Well House Electrical Improvements Estimates: Engineer's Estimate Description: Well House Electrical Improvements Justification: The electrical and control system for the wells and reservoirs for Rustlewood need replaced to provide better water and electrical efficiency. Estimated Project Costs(in thousands) Revenues/Resources 2018 2019 2020 TOTAL REET 2 75 75 Total Resources 75 75 Expenditures/Uses Well House Repairs 75 75 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET PUBLIC WORKS-UTILITIES&WASTE MANAGEMENT Fund: 413—Belfair Sewer Proiect Name: Belfair Collection System Expansion Estimates: Planning Level Capital Facilities Element Page 19 of 85 12-1/217/178 Description: Design and develop documents required for expanding the Belfair Sewer System Expansion and provide construction Management Services. Capital Facilities Plan includes a collection system expansion in 2025 to the North Belfair UGA and possibly the Puget Sound Industrial Center in Kitsap County. Justification: In 2012 the county completed the first phase of the Belfair sewer system. Collection system expansion is necessary to facilitate continued growth within the UGA and the financial viability of the sewer system. Collection system expansion may go to the Puget Sound Industrial Center(PSIQ in Bremerton and north Belfair area. Resources 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 TOTAL Sales&Use Tax 50 150 100 300 REET 2 Leg App or other grant 200 200 150 250 4,800 5,000 100 10,700 City of Bremerton 400 200 600 200 200 300 11900 Total Resources 600 400 200 850 5,150 5,200 500 12,900 Expenditures Collection System Design 600 400 200 350 150 100 1,800 Collection Sys Construct. 500 5,000 5,100 500 11,100 Total Expenses 600 400 200 850 5,150 5,200 500 12,900 Capital Facilities Element Page 20 of 85 121-/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET PUBLIC WORKS-UTILITIES&WASTE MANAGEMENT Fund: 413—Belfair Sewer Project Name: Belfair Treatment Plant Expansion Estimates: Planning Level Description: Design and develop documents required for expanding the Belfair Treatment Plant Expansion and provide construction Management Services. Capital Facilities Plan includes a treatment plant expansion in 2032. Justification: In 2012 the county completed the first phase of the Belfair sewer system. When originally constructed the membrane bio-reactor Plant only had membranes installed in two of the four membrane basins. This expansion would consist of installing membranes in the other two basins and making other improvements to accommodate the increased flow. Resources 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 TOTAL Sales& Use Tax 90 90 REET 2 90 90 300 700 650 1,830 Leg App or other grant Total Resources 90 90 300 700 740 1.920 Expenditures Treatment Plant Design 90 90 180 Treatment Plant 300 700 740 1.740 Construct. Total Expenses 90 90 300 700 740 1.920 Capital Facilities Element Page 21 of 85 124/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET PUBLIC WORKS-UTILITIES&WASTE MANAGEMENT Fund: 413— Belfair Sewer Protect Name: Belfair Sewer System Debt and Repairs Estimates: Planning Level Description:There are an insufficient number of customers for the Belfair Sewer System to pay for the debt that was used to pay for the construction of the wastewater system and larger repairs. Sales and Use Tax and REET 2 funds are used, therefore to pay for the debt. Because the debt load was created as a result of a capital project, it is being tracked in the Capital Facilities Plans so the County is aware of the Sales and Use Tax and REET 2 needed to pay for it. The table proiects out to 2033 to show what the expected Sales& Use Tax and REET 2 contributions will be needed until the debt is paid off. Justification: In 2012 the county completed the first phase of the Belfair sewer system with a combination of grants and loans. The system is not financially viable unless Sales and Use Taxes and REET 2 are used for debt and capital projects. Table includes existing debt costs of system and large repairs and maintenance costs. Resources 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 TOTAL Sales& Use Tax 450 450 450 400 450 300 450 350 450 450 450 450 450 450 310 6,310 REET 2 800 800 700 700 700 700 700 700 700 700 610 610 400 8,820 Total Resources 1,250 1,250 1,150 1,100 1,150 1,000 1,150 1,050 1,150 1,150 1,060 1,060 850 450 310 15,130 Expenditures Debt Payments 985 984 982 984 981 983 984 979 984 983 961 964 744 365 187 10 13,060 Repairs& Maintenance 100 100 100 100 125 125 125 125 125 150 150 150 150 150 150 150 2,075 Total Expenses 1,085 1,084 1,082 1,084 1,106 1,108 1,109 1,104 1,109 1,133 1,111 1,114 894 515 337 160 15,135 2098 2023 CADITAI [API-ITICC PLAN\A ORKS14EE QI IQI IP\A/ORKS I ITII ITICC R,1AfCTC MANAGRINACBIT i-und: 413— Belfair Cewe Prefect Name: Q.,If-:r c,,..Fer Development Estimates: olann.ng Level Capital Facilities Element Page 22 of 85 12-1/217/178 Desuiptiew Design and develop doewneRts requiFed for constructing the Belfair Sewer Cellection and previde constFuction Managem Services. T Resourcejust4*catmen: IR 2012 the couRty completed the first phase ef the Belfair sewer system. This wE)Fl( as necessaFy te fadlitate Gentinued growth within the UGA. Project would utilize existing capacity at Belfair WateF Reelarnatien Facility te help support the industrial aFea at Puget Sound industrial Center (PSIC) and future growth in the PSIC and north Belfair area. if the BelfaiF Bypass project is aeceleFated by WSDQT-the desigR of this preject could be accelerated to meet WSDQT Eonstruction timeliR-e- 2018 2849 2020 2921 28222 2023 2024 2029 2026 2027 2028 2029 2038 20-3 20322 204A 2834 2039 2016 TSE Sales Us«x 459 459 459 458 458 459 458 458 459 458 458 459 458 459 455 318 399 188 7;968 R_E� 889 899 899 889 898 898 659 659 658 658 7GO 788 789 788 788 3$;998 USDA-tom Expenditwes Debt Payments 985 984 982 984 994 993 984 979 984 983 964 964 744 365 357 18 13;$59 nnaint ,�,�T.,aRee 47N 189 399 399 399 388 109 -199 199 188 399 189 399 189 399 389 398 399 398 3-,999 CollectiOR System C..rI-,.�r.^.iontlesig4 399 4-59 "I7C7 59 Collection System CfT� 5 4_78 5-?-5treatm'n� Expansion 9esigA 99 99 1-89 Treatment WaRt Expansion r,RStF c+ea 399 799 749 �n nn TstaE�s 3885 3,384 3 3 u, 1-,2-56 4-,2W 1-4-54 1;444 1465 02:7 318 4189 199 IN 37;5.54 7014_7094 PADITAI CACII ITICr DI ANI IAIo1Q1 SHEET DI IQI I!'IAIQQR1 _I ITII ITICC 4.IA/ACTC MANIA!_CNACNIT fend: 413 —Bel€air Sewe Prejeet Name: -Re'Lair Sewer Extension to Puget SeuRd industrial CenteF PFejeet Estimates: WanRiRg,BesigR, and EeHStFYGtieR Level Capital Facilities Element Page 23 of 85 121/217/178 Desuiptien: Design and eenstFuet seweF eelleetien system impFeveFAents te pFeyide seweF seFv*Ee te the Puget Sound InduStFial GenteF(PSIG BFemenen). justification- In 20-1-2-the county cempleted the fiFSt phase ef the BelfaiF seweF system.This WeF'(iS te help suppei4 the indUStFial aFea at Puget o.,.,enLies/Rose Fraes ,'x039 �g 2020 202120222023 TATA REST 2 GFants 388 388 686 6,419 x;585 Teta'Revenues 2-99 288 686 6;4-1-9 4;585 SxpendkWes p-Fe4m--E-�; 2-99 389 389 Design Eng -- 0 388 686 -$6 ��ff_�__''r. �t4OR COC Fc-14199 F'-4�ig Total 200 � 686 61- 19 71 Capital Facilities Element Page 24 of 85 12-/217/178 2. SOLID WASTE PROGRAM Mason County's solid waste program provides transfer and 2018-2023 Municipal & Waste Management Capital Improvement Projects disposal operations for solid waste at four transfer station locations. The largest transfer facility is located outside a, Shelton on Eells Hill Road. Materials collected from the other smaller stations at Hoodsport, Union, and Belfair are transported to the Shelton facility, where garbage is processed !.'{ ' sketerwater Park into containers that are trucked to Centralia, WA. From there, Od the material is transported via railroad to Roosevelt Landfill in - - Klickitat County, WA. In addition to transfer and disposal of f-! refuse, household recyclable materials are also accepted at each transfer station location. Mason County Garbage removes and disposes of these materials via our Blue J Pocckl Box Contract. Recyclables are taken to the regional facility with the most favorable commodity prices. i Household hazardous wastes are collected by Mason County MasonGov K staff at the Shelton transfer facility. Residents in North Mason '- `47 improv 'ents County can take their hazardous wastes to the Kitsap County "0i* r Felts Hill Waste Facility j transfer station. This arrangement is established through inter- Improvements � a local agreement and Mason County pays approximately $60 A4emoryrrHell %gason coGiy,V*'r _ per customer for collection and disposal of materials from mprovemenls residents who take their materials to the Kitsap County facility. Disposal of HHW is performed by several different companies. The Shelton transfer facility is located at the former Mason County Landfill. The current utility provides post-closure monitoring and capital construction in support of the closed landfill. The Shelton facility receives wastes collected by private and municipal haulers operating inside Mason County. Growth in the Belfair area and elsewhere in the County will continue to impact operations at these facilities and capacity improvements may need to be addressed in the future. Capital Facilities Element Page 25 of 85 1214217/178 The County will continue to review the feasibility of "privatization "of the solid waste operations the County manages. The following pages provide details on specific projects proposed for the current capital facilities planning period. Project estimates range in accuracy from + or— 40%to+or—15%. Each project cost sheet identifies the accuracy of the estimated costs shown based on the following scale: • "Planning Level" — The least accurate of costs estimates, in the range of + or — 40%. Cost estimates at this level are usually based on a project concept and some assessment of relative scale, or annual program amounts commensurate with a level of activity sufficient to accomplish the intent of the program over time. • "Design Report" — Moderate accuracy, in the range of + or — 30%. Based on design report evaluation of options and an assessment of project elements and associated costs. • "Engineer's Estimate" — Most accurate estimate, in the range of + or—15%. These estimates are based on a project design or significant completion of the design work. Capital Facilities Element Page 26 of 85 12-1/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET PUBLIC WORKS-UTILITIES&WASTE MANAGEMENT SOLID WASTE PROGRAM Fund: 402-Solid Waste Project Name: Eells Hill Transfer Station Improvements Estimates: Engineer's Estimate Description: This facility is the central hub for all waste, including hazardous waste, collected from other satellite transfer stations, and the City and Mason County Garbage before being exported for disposal. This project will include moving the tollhouse and scales, adding additional lanes for traffic and truck turning and storage areas, new or modified tipping building(s), improving household hazardous waste facilities, and developing a more efficient area for diversion of recyclable materials as well as installation of scale software, lights and reader systems. Justification: Safety at this facility as well as efficient handling of waste streams is a concern. As the County grows in population the transfer station gets busier, requiring upgrades to maintain adequate capacity for the waste stream coming in.Equip—' and tipping aFeas Estimated Proiect Costs(in thousands) Revenues/Resources 2018 2019 2020 2021 2022 2023 2024 2025 2026 TOTAL Rates 250 250 300 500 11300 Grant Loan Revenue 4_2 0 Q 4 200 Total Resources 250 250 300 4,700 51500 Expenditures HHW Building Improvements 250 250 Heavy Equipment 250 250 New Transfer Station Design 300 200 500 New Transfer Station Construction 4,500 4,500 Total Expenditures 250 250 30.0 4_7 0 0 5,500 Estimated Pr9ject Coots(in thousands) __ Capital Facilities Element Page 27 of 85 124•/217/178 ReyeR6es/Rese61Fees 2(48 20ig 202$ 2021 2()22 2()23 2824 20M 2026 TOTAl —fates 12-5 1-00 -300 52-5 ---Grant/Loan Revenue 4;798 -47790 1-2-5 499 399 490 S,225 Expenditwes Household Hazardous Waste Storage—Sheds 12-5 12-5 Heavy ipr A 499 190 New T.ansfer Statien Design 399 2-00 _5G0 Gon,Wv-�cc-tk f—Sitc}ti8f3 �9P"a NO ,'; MEMI, .-- Teta) 9__wPend;twFe_s 1-2-5 um 300 4708 �j C'G'J Capital Facilities Element Page 28 of 85 121/217/178 3. PARKS AND TRAILS FACILITIES SmEm DESCRIPTION 2018-2023 Parks, Trails & Recreation Capital Improvement Projects Recreational opportunities in Mason County include parks for day-use activities and overnight camping; fresh and salt Sunset BPunPark water areas for boating and other water sports; facilities f' i Sandhill Park �f and equipment for sports and play activities; and wilderness areas and other open spaces for hiking, hunting, ORV use, ? , and horseback riding. 1 "W1f iffs Parif J ,' Existing parks and recreation facilities in Mason County are ' ;"t---�co'u1ter _JJ Harve �rt� Crleek Park available through a variety of public and private entities. r P1enard'sLanding y f anyn; 1 d v �Rend siandPark �/ s6n Federal and state facilities include camping, boating, and j �� rod Park Mason Lake'_ .- day-use parks. The County-owned park system includes /r— Union Boat RampBoat Launch day-use and water access facilities, sports fields, and related Union Prk ,� '~ recreational areas. Other agencies providing park and A recreational resources include municipalities, port districts, < and public schools. Some private recreational facilities are open to the public as well. Z��; -. . .- Mason County has adopted a Parks and Recreation Plan in November of 2006, which was updated and adopted again Phi`ps Lake Park in 2013, and a Mason County Regional Trails Plan in March MC RX Park �f Oakland Bay of 2008. Both of these plans are incorporated herein by 1 Histoncal Park reference. ' T� OJaco6y Park v%%Iker Park COUNTY PARK FACILITIES The County currently manages 22 park properties in Mason County two of which are undeveloped, and four others have 4 large portions that are also undeveloped. Of the developed Kennedy' `,o,' parks, two are large baseball/softball complexes, six provide saltwater access parks, three are located on freshwater Capital Facilities Element Page 29 of 85 124/217/178 lakes, and three provide upland day use and recreation facilities (see Table 5). In addition to the day use facilities, the County also owns and maintains one above-ground skate park. The conditions of these facilities vary by location; however, significant investment in facilities has been made in the last six years from Real Estate Excise Tax proceeds (REET 2) and grant proceeds from the Recreation and Conservation Office (RCO). Future investments made from the REET 2 fund will be dependent on actual tax proceeds and additional project funding (i.e. grants). The CFP continues this trend of investment in park development and facility upgrades. The heavy use and demand from both county and non-County residents are particularly high during the spring, summer and fall. Park visitation continues to either remain static or increase, depending on the park location. Mason County does not charge a use fee (except at sports facilities) and this has led to the increase in park use. MCRA Park is the highest used park with an average of about 140,000 visits per year and Sandhill Park also receives significant attendance with about 90,000 visits per year. The boat launches at Mason Lake and Latimers Landing are very popular with the boating public and are highly used. Both Boat launches have had extensive renovation work over the past 6 years. The remaining two boat launches at Union and Shorecrest are unimproved, but are still used by the public extensively. Mason County also has a nice inventory of community parks with play equipment, picnic facilities and other amenities, examples include Walker Park, Truman Glick Park, Union Park, Menards Landing, and Rendsland Park. Mason County Recreation Area, the largest baseball/softball complex has grown in use the last several years and is now recognized regionally as a preferred site for major tournaments. In 2012, two new synthetic turf infields opened and this has increased the interest in using the park for tournaments. The spike in fuel prices in 2008 and the global recession has also led to increased park use as people are staying closer to home to recreate. Oakland Bay Historic Park and Sunset Bluff View Park were opened 2013. Both provide passive recreation,trails,water access and other amenities. There are no facilities for overnight camping throughout the Mason County Parks system. The last county-wide park plan was developed in 1991 and subsequently updated as part of the 2016-2036 Comprehensive Plan Update. Camping options will be examined in the long-term development plan being crafted for these and other park properties with large portions of undeveloped land. Residents and non-residents have consistently rated trails and water access as the highest priorities in public outreach that has been done by the County. The survey conducted as part of the Comprehensive Plan revealed the two highest public priorities are access to water and trails. INVENTORY An inventory of all Mason County parks including federal, state, private, and County-owned parks is listed in Table 5. Also included are the number of acres and amenities available at each park location. See also the Planning Map LibFar-y on the Mason GE)LARty website fOF CUFFent facility iRyentoFy maps. Capital Facilities Element Page 30 of 85 121-/217/178 Table S. INVENTORY OF PARKS Name of Facility Acres Amenities Available Washington State Parks Belfair State Park 62.77 Camping: 134 tent sites,47 utility sites, primitive sites,wheelchair accessible trails, trailer dump facility. Fudge Point at Harstine Island 136 Undeveloped Harstine Island State Park 310 Currently undeveloped. Future development plans include: day use area; walking/hiking trails; 50 campsites. Hoodsport Trails 80 Natural area with trails. Hope Island 106 Undeveloped. Future development plans include: trails; picnic tables; rest rooms; 6 to 8 campsites; group camping for 150 people.Washington Water Trails site. Jarrells Cove 42.6 Camping: 20 tent sites; group site for max. 64 people, 2 picnic shelters,facilities for handicapped, wheelchair accessible trails, marine pump out station, 2 docks providing 500 ft of moorage, 14 mooring buoys. Fee required. Lake Isabella 193.75 Currently undeveloped. Future development plans include: full-service park, camping, picnic area, lakefront beach, and restrooms. Plans will be completed in the next 10 to 20 years. Lilliwaup Tide Land 1.79 Tidelands for public use. No facilities. Small shoulder area for parking. McMicken Island 11.45 Currently undeveloped. Boater destination; clamming. Plans to develop include: 5 to 8 camping sites, composting toilet. Potlatch State Park 56.95 Camping: 17 tent sites; 18 utility sites; primitive sites. Underwater park,trailer dump facilities. Schafer State Park 119 Camping:47 tent sites, 6 utility sites, primitive sites, day use group area,trailer dump facilities Squaxin Island 31.4 Closed indefinitely. Stretch Point 4.2 Natural area. Day use only; 5 mooring buoys. No plans for future development. Twanoh State Park 182 Camping: 30 tent sites, 9 utility sites, primitive sites, handicapped facilities, and wheelchair accessible trails. Total 1201.91 Washington State Department of Fish and Wildlife Aldrich Lake 0.5 1 Unpaved boat launch, parking for 15 vehicles. Capital Facilities Element Page 31 of 85 124/217/178 Benson Lake 78.8 Boat launch, beach access, parking for 100 vehicles. Cady Lake 1.6 Unpaved boat launch, parking for 10 vehicles. Clara Lake 9 Unpaved boat launch, parking for 30 vehicles. Devereaux Lake 1.3 Boat launch, beach access, parking for 40 vehicles. Haven Lake 4.1 Unpaved boat launch, parking for 50 vehicles. Island Lake access 1 Freshwater boat launch,toilets. Isabella Lake 1.6 Boat launch, parking for 20 vehicles. Lake Kokanee 44 Boat Launch, parking for 100 vehicles. Lake Limerick 0.5 Boat launch, beach access, parking for 30 vehicles. Lost Lake 1.3 Boat launch, parking for 40 vehicles. Lake Nahwatzel 2.0 Boat launch, parking for 10 vehicles,toilets Maggie Lake 0.4 Unpaved boat launch, parking for 15 vehicles. Mason Lake Boat launch, parking for 30 vehicles. Panhandle Lake 20 Undeveloped. Panther Lake 3.8 Unpaved boat launch, parking for 30 vehicles. Phillips Lake 1 Boat launch, beach access, parking for 40 vehicles. Pricket Lake 0.5 Unpaved boat launch, parking for 30 vehicles. Skokomish River 64 30.6 feet of riverfront, shore access, parking for 20 vehicles. Spencer Lake 2 Boat launch, beach access, parking for 50 vehicles. Tahuya River 2.9 4,400 feet of riverfront, parking for 10 vehicles. Tee Lake 3.6 Unpaved boat launch, parking for 20 vehicles. Twin Lake 3.6 Unpaved boat launch, parking for 15 vehicles. Union River 61.8 8,098 feet of riverfront, parking for 10 vehicles. Victor access to North Bay .5 Boat launch, pit toilets Wildberry Lake 10 Undeveloped. Wooten Lake 1 Unpaved boat launch, parking for 60 vehicles. Total 320.8 Washington State Department of Natural Resources Aldrich Lake Camp z24 1,700 ft waterfront, hand boat launch,4 picnic tables,4 campsites, toilets, drinking water, lake stocked with trout, parking for 16 vehicles. Camp Pond Day use only Capital Facilities Element Page 32 of 85 124/.217/178 Camp Spillman Z10 800 ft waterfront, 6 campsites,4 group sites, toilets, drinking water. Elfendahl Pass Staging Area 5 11 picnic sites, self-contained RVs okay, toilets, drinking water Howell Lake 3 group sites, 10 campsites, hand boat launch,toilets, drinking water, parking for 20 vehicles. Kammenga Canyon 2 campsites, toilets Mission Creek Trailhead 1 Parking for trail access Robbins Lake 1.1 175 ft waterfront, hand boat launch, 3 picnic tables,toilets. Day use only. Tahuya River Horse Camp z12 1,600 ft waterfront, 9 campsites, 2 group sites,toilets, drinking water, 20 horse corrals. Toonerville 5.7 570 ft waterfront,4 campsites, 2 picnic sites,toilets. Twin Lakes 6 camp sites, 3 picnic sites, toilets, hand boat launch. Lake is stocked with trout. Melbourne Lake setting, 1,000 feet waterfront, 5 campsites, toilets. Lilliwaup 7 Stream setting, 500 feet waterfront, 13 campsites,toilets, drinking water. Public Tidelands#24 Water access only. Public Tidelands#33 Water access only. Public Tidelands#34 Water access only. Public Tidelands#43 Road access, clamming. Public Tidelands#44 a,b Road access, clamming, crab pot fishing. Public Tidelands#46 Water access only, clamming, oysters, shrimp pot fishing. Public Tidelands#47 Water access only, clamming, oysters. Public Tidelands#48 Water access only, clamming, oysters Eagle Creek Recreational Road access, clamming, crabbing. Tidelands Rendsland Creek Tidelands Road access, clamming. Total =65.8 United States Forest Service Big Creek Campground Brown Creek Campground 6 78 camp sites, toilets. Hamma Hamma Campground 5 Picnic area, 12 campsites. Lena Creek Campground Lower Lena Lake Campground 6 Hike-in only,40 camp sites, pit toilets. Capital Facilities Element Page 33 of 85 124/217/178 Upper Lena Lake Campground 7 Hike-in only, 14 camp sites, pit toilets. Total 24 City of Shelton Parks and Recreation Department Brewer Park 0.3 Picnic tables, mature vegetation Callanan Park 6.9 Ball field, play equipment, restroom, natural area, basketball court Northcliff Neighborhood Park 1.75 Undeveloped site Huff and Puff Trail 1.8 2 miles of jogging trail on watershed Kneeland Park 3.9 Large play structure, picnic areas, restroom, horseshoes, open play area, landscaping, off leash Johnson Park 0.5 Basketball court, mature trees Loop Field 4 Ball field, athletic field, play structure, restroom, picnic shelter Overlook Park 1.03 Historic marker overlooking downtown & mills Post Office Park .07 Vogtlin-Angle Park 1.0 Shelton Point/SR3 Entry 6.0 Skate Park .68 11 above ground ramps in Shelton Catalyst Park 1.0 Pine Street Boat Launch 0.4 Unimproved boat launch site on Oakland Bay Sixth Street Park .14 Picnic shelter, barbecues, creek Eagle Point 8.0 Ravenna Trail .5 Shelton Creek Trail .7 Brockdale Road &spring Road .66 —pedestrian path North 13th Street—pedestrian .3 path Total 40.27 Port of Dewatto Port of Dewatto Campground 1 Camping: 11 with hook-ups, 19 tent sites; 2 rest rooms; nature/hiking trails; 23 picnic tables; two picnic shelters;, 1 kitchen; fishing. Future plans to add more stoves and picnic tables, and Capital Facilities Element Page 34 of 85 124/217/178 to place gravel around kitchen. Fee required. Port of Shelton Sanderson Field 1,170 Flying: 5,000 feet of runway, tie downs, skydiving; rifle club; model aircraft society. Future plans to provide increased hangar availability. Oakland Bay Marina Boat moorage, boat pump out Total 1170 Port of Allyn Waterfront Park in Allyn 2 400 feet waterfront, moorage, dock (for up to 15 boats), picnic,gazebo, parking for 20 vehicles. Office building planned. Boat pump out Kayak Park .3 150 feet waterfront, small parking lot, picnic tables, portable toilet facilities. North Shore Ramp 1.2 150 feet waterfront, boat launch with floating dock, beach access, parking for 20 vehicles Belfair/North Shore with trailers. Boat pump out. Port of Hoodsport Ingvald Gronvold Waterfront 2 Dock, saltwater beach access, tidelands, 2 portable rest rooms. Park Port of Grapeview Fair Harbor Marina 5 Boat launch and parking area Mason County Latimer's Landing overflow 2.5 Primary use is to provide parking for neighboring Latimer's Landing, parking for 20 vehicles. parking area Foothills Park 80 1 field which serves as a multiuse field; basketball court; rest rooms; children's play area; picnic tables; parking for 50 vehicles. Harvey Rendsland Jiggs Lake 8 Currently undeveloped; 1,905 feet waterfront.To include parking area for five vehicles, picnic area and vault toilet. Latimer's Landing (Water) 3.00 Saltwater access boat launch for vessels no longer than 20 feet, parking for 35 vehicles, portable toilet, boat dock; additional parking available at neighboring Latimer's Landing overflow parking area. Renovated in 2008. Mason County Recreation 40 7 baseball/softball fields which also serve as soccer and football fields; children's play area, Area (MCRA Sport) bleachers, maintenance shop, user's storage facility, seasonal concession stand,4 batting cage; parking for 100 vehicles. This facility serves as the headquarters for the Mason County Parks Department. Fee required for scheduled field use. Capital Facilities Element Page 35 of 85 121/217/178 Mason Lake Park(Water) 17.36 Renovated in 2011. 1.36 acres currently in use; freshwater access/boat launch for small watercraft, dock, play area, rest rooms,4 picnic table; parking for maximum of 50 vehicles. The County owns 12 unused acres that can be used for expansion of the park (possible trails, picnic area, and remote camping area). Phillips Lake County Park 0.4 Passive day use area, picnic area, located next to State of Washington Boat Launch with vault (Picnic) type toilets. Sandhill Park (Sport) 30 7 baseball/softball fields, one multiuse field, bleachers; parking is available for 100+vehicles; concession-restroom building; 4 fields and parking renovated in 2006; walking path around park. Jacoby Park (Water) 2.8 320 feet waterfront, boat launch for vessels no longer than 16 feet, saltwater beach access, 3 picnic tables. Truman Glick Memorial Park 35.46 Natural setting, creek,trails, picnic tables, covered group shelter, barbecue pit,vault toilets, (Picnic) RV area, and children's play area. Future improvements include: possible construction of group camping area and interpretive signage along trails. Union Community Park 1.92 Picnic shelter, children's play area; small baseball diamond, basketball court; rest rooms. (Picnic) Union Boat Ramp (Water) 0.16 Boat ramp for access to Hood Canal, portable toilets, limited parking. Hunter Park .5 2 picnic tables, bus shelter Walker Park (Water) 5.04 Saltwater access to Hammersley Inlet,gravel beach, picnic tables, barbecues, rest rooms, shelter, children's play area, interpretive center providing marine information; parking for 15 vehicles. Oakland Bay County Park 80 Habitat preservation area and education center Opened in 2012, includes interpretation areas, trails, picnic opportunities, parking,two vault toilets and improved access road. Sunset Bluff Park 36 36 acres of undeveloped property with 1500 feet of waterfront on Oakland Bay. Plans include beach access,trails, picnic area, water access, small parking area and vault toilet. Watson Wildwood View 36 Undeveloped Menards Landing Park 8 Recently transferred from the Port of Tahuya to County. Parks provides beach access, picnic areas, gazebo, portable toilet, access to DNR tidelands, small boat launch for kayaks and canoes; 7 acres undeveloped Harstine Island 6.9 Undeveloped Decker Creek Preserve 500 Open Space/Natural area Capital Facilities Element Page 36 of 85 121`/217/178 Coulter Creek Natural Area 55 Tidelands, natural area, passive recreation. Opened in 2012 and includes parking for 6 vehicles,vault toilet, wildlife viewing, water access improved entry path. Total 949.58 Mason County Public Schools Belfair Elementary Playground. Sandhill Elementary Playground. Hood Canal School 2 baseball backstops, 1 football field, bleachers, playground, track, parking for 30 vehicles. Oakland Bay Junior High X Olympic Middle School X Hawkins Middle School Pioneer Primary 2 baseball backstops, covered play area, playground. Pioneer Intermediate Grapeview Elementary Playground Southside School 1 baseball backstop. Bordeaux Elementary Football field, soccer field, playground, track. Evergreen Elementary Playground. Mountain View Elementary 5 baseball backstops,football field, soccer field, playground. Shelton High School 6 tennis courts, 2 baseball backstops, football field, soccer field, bleachers, 2 swimming pools, track, rest rooms. Mary M. Knight District 2 baseball backstops, 1 football field, bleachers, playground. North Mason High School 2 baseball backstops, 2 tennis courts, football field, soccer field, bleachers, playground, track. Private Facilities Open to the Public Theler Center 135 Wetlands interpretive trails Shelton/South Mason Soccer 14 6 soccer fields, 1 under development Park Glen Ayr Canal Resort 10 Adult-only RV park with hookups; no tent camping, motel, 2 rest rooms, 2 showers, laundry facility, saltwater boat launch, beach access,tidelands, spa, fishing, clamming, oysters, dock. Lake Nahwatzel Resort 2 Camping: 12 utility sites, 5 sites without hookups; 2 rest rooms, 2 showers, boat launch, freshwater beach access, nature/hiking trails, 8 picnic tables, restaurant,fishing, swimming, cabins. Little Spencer RV Park Capital Facilities Element Page 37 of 85 124/217/178 Minerva Beach RV Resort and 20 Camping: 23 sites without hookups, 50 sites with hookups; 5 rest rooms, 6 showers, laundry Mobile Village facilities, boat launch, saltwater beach access, 60 picnic tables, driving range, scuba dive center. Rest-A-While RV Park and 15 Saltwater boat launch, moorage, dock, 70-80 camp sites with hookups(may be used for RVs Marina or tents),4 rest rooms,4 showers, laundry facilities, beach access, clamming, oysters,fishing, boat rentals, nature trail, 60 picnic tables, 2 covered picnic areas with kitchen, concession stand. Future improvements include easier access to marina, and boat fuel. Union Marina Boat pump out; moorage Total 196 Other Olympic National Park- Picnic area, 50 campsites, parking for 60 vehicles. Staircase Campground Skokomish Saltwater Park 6 picnic tables, rest rooms, saltwater boat launch, saltwater beach access. Mike's Beach Resort Boat launch, SCUBA diving, cabins, camping, beach access for guests Robin Hood Village 16 RV sites, cabins, camping, beach access for guests Squaxin Island Arcadia Point .34 Boat Launch COUNTY TOTAL 3963.21 Capital Facilities Element Page 38 of 85 121-/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS&TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Sunset Bluff Park Development Estimates: Construction Level Description: Develop 35 acre park along Oakland Bay with beach access, trail development and other passive recreation opportunities. Main improvements to include improved entry road,formal parking, beach access, and picnic facilities. Justifications: County Parks and Recreation Plan placed high priority on water/beach access and trail development. Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Planning and Design 125 125 Acquisition Preliminary Engineering Site Prep & Utilities/Well Construction Engineering 60 60 Construction 39 79076 790807 — 8 — — Total Costs: 99&95 58&992 3 Funding Source In House 39 44351 443482 1 Other Capital Facilities Element Page 39 of 85 12-1/217/178 Grants 442 442442 IN Loans Total Funding-=WJMIM $$595 585992 Capital Facilities Element Page 40 of 85 121-/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS&TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Watson Wildwood County Park Estimates: Planning Level Description: Scope of this project includes planning/design and development services. Phase one is a master plan for the Park. Phase 2 would include development of a parking area, restroom, trails, and passive recreation. Park is 35 acres and was donated to the County. Development would provide infrastructure for public access. Justifications: There is no current master plan of record for this park site and it is the only County Park between Allyn and the Pierce County border. Site also has potential as a trailhead for a Regional Trail in the area. Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Planning, Design 43 43 43 Site Prep & Utilities/Well Construction Engineering Construction -590 5-90 Total Costs: 59843 63343 Funding Sources: In House 43 39543 33$43 Grants 395 2-95 Loans Total Funding: 43 §9843 53343 Capital Facilities Element Page 41 of 85 12 /217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: SW Area Park Study—Truman Glick Improvements Estimates: Planning Construction Level Description: This project includes planning/design, development and construction services. To include development of a parking area, restroom, trails, and passive recreation. Justifications: There is no current plan of record for this park site. Site also has potential as a trailhead for a Regional Trail in the area. Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Planning, Design 56 56 Site Prep & Utilities/Well Construction Engineering Construction 143 143 Total Costs: 56 143 199 Funding Sources: In House 56 143 199 Grants Loans Total Funding: 56 143 199 Capital Facilities Element Page 42 of 85 121/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Sandhill Park Renovation Estimates: Construction Level Description: Scope of this project includes planning/design and development services to complete the renovation of Sandhill Park. Main work would include the renovation of fields #1 and #2. New backstops, ADA access, irrigation, and complete field renovation would be included. Justifications: This project is listed as a high priority in the County Parks and Recreation Plan. Plan recommended improving existing facilities before developing new facilities. Addition of new equipment to existing facility. Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Planning, Design 447 447 Site Prep & Utilities/Well Construction Engineering 250 250 Construction 191 4142 4333 Total Costs: 888 4142 5030 Funding Sources: In House 415 2071 2486 Grants 473 2071 2544 Loans Total Funding: 888 4142 5053 Capital Facilities Element Page 43 of 85 124-/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Harvey Rendsland County Park Planning and Improvements Estimates: Planning and Construction Level Description: Would involve completing a park plan to facilitate public access to the park and then the development of a parking area, picnic facility, and passive recreation and support facilities. Justifications:This Park was donated to Mason County in 2007 by Washington State Parks. It provides water access to Jiggs Lake. Water access is the top priority in the County Parks and Recreation Plan. Additional developed park space is needed on the Tahuya Peninsula. Estimated Project Costs (in thousands) 2018 2019 2020 2021 2022 2023 Total Planning and Design Site Prep & Utilities/Well Construction Engineering Construction 2-50 2-36276 456276 Total Costs: 2§8 2"276 486276 Funding Sources: In House 2S8 2"276 456276 Grants Loans Total Funding: 2-SA 2-36276 486276 Capital Facilities Element Page 44 of 85 12-1/.217/1-78 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Phillips Lake County Park Estimates: Construction Level Description: Scope of this project includes basic park improvements, including park amenities such as tree removal, picnic tables, park benches, trash containers, and signage. Justifications:This is a small and cost effective project consistent with goals in the Comprehensive Plan. Estimated Project Costs (in thousands) 2018 2019 2020 2021 2022 2023 Total Planning, Design Site Prep & Utilities/Well Construction Engineering Construction TA 10 10 Total Costs: -W 10 10 Funding Sources: In House 4-0 10 10 Grants Loans Total Funding: 10 10 10 Capital Facilities Element Page 45 of 85 121/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Oakland Bay County Park Estimates: Planning Level Description:The Oakland Bay property was purchased jointly by the County and the Capitol Land Trust. Project scope would involve a two-phase development program for the park. The first phase would concentrate on public access facilities, the entry road, parking area, restrooms, and signage. The second phase would concentrate on trail development, environmental education facilities, and interpretative displays.This project is for planning and improvements to the historic home. Justifications: Project listed in the County Parks and Recreation Plan as a high priority for implementation. Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Planning and Design 84 84 Site Prep & Utilities/Well Construction Engineering Construction 489 590 1079 Total Costs: 84 489 590 1163 Funding Sources: In House 63 244 295 602 Grants 21 245 295 561 Loans Total Funding: 84 489 590 1163 Capital Facilities Element Page 46 of 85 124/2-17/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Menards Landing County Park Estimates: Construction Level Description: This park was transferred from the Port of Tahuya to Mason County in 2006. Project scope includes improvements that would incorporate ADA access improvements, new picnic facilities, non-motorized watercraft launch site, and new park amenities such as park benches and garbage cans. Justifications: Project listed in the County Parks and Recreation Plan as a priority for implementation. Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Planning and Design Site Prep & Utilities/Well Construction Engineering Construction 112 112 Total Costs: 112 112 Funding Sources: In House 56 56 Grants 56 56 Loans Total Funding: 112 112 Capital Facilities Element Page 47 of 85 124/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Mason County Recreation Area (MCRA) Improvements Estimates: Construction Level Description: Project scope would involve needed renovations and improvements to MCRA Park. The improvements include: new field lights, restroom renovation, irrigation improvements, drainage upgrades, new office, new bleachers, play equipment surfacing, asphalt, scoreboards, and concession building. Projects include outfield irrigation, restroom-concession building, lights on fields 2 and 3, parking and master planning. Justifications: Project listed in the County Parks and Recreation Plan for implementation. Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Planning and Design 208 200 200 Site Prep & Utilities/Well Construction Engineering 2A8 200 200 Construction S73 297-3 1020 1080 472 37-261492 Total Costs: W& 2073 1420 96080 472 41261892 Funding Sources: In House 486 343§ 720 S40 472 24611192 Grants 487 938 700 S40 700196_S Loans Total Funding: M 2073 1420 1089 472 41261892 Capital Facilities Element Page 48 of 85 12-1/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Mason Lake Boat Launch Renovation Estimates: Planning and Construction Level Description: Renovation of restroom facility, play equipment, picnic shelter Justifications: Original building from 1970's needs ADA upgrades. Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Engineering Site Prep & Utilities/Well Construction Engineering Construction 273 273 Total Costs: 273 273 Funding Sources: In House 200 200 Grants 73 73 Loans Total Funding: 273 273 Capital Facilities Element Page 49 of 85 124/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Jacoby Park(Shorecrest) Improvements Estimates: Planning and Construction Level Description: Project scope would involve implementation of Park Improvement Plan based on Park Site Plan developed in 2008. Improvements would provide more amenities at the park than what currently exist, including a boat launch, dock and pier. Justifications: Project listed in the County Parks and Recreation Plan for implementation. Estimated Project Costs (in thousands) 2018 2019 2020 2021 2022 2023 Total Planning and Design 200 200 Site Prep & Utilities/Well Construction Engineering 99 99 Construction 1003 1003 Total Costs: 299 1003 1302 Funding Sources: In House 166 752 918 Grants 133 251 384 Loans Total Funding: 299 1003 1302 Capital Facilities Element Page 50 of 85 124/-217/17-8 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Foothills County Park Estimates: Construction Level Description: This park serves the Hoodsport area as the primary Community Park and has a play area, basketball court, restroom building and open field area. Improvements would involve addition of amenities to improve the user experience; this would include picnic facilities, ADA improvements, signage, and renovation of the existing turf. There have been suggestions to locate an off-leash dog park at this site, but no formal action has been undertaken to accomplish that. Justifications: Project listed in the County Parks and Recreation Plan. Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Planning and Design Site Prep & Utilities/Well Construction Engineering Construction 34 2S8 67 250 281317 Total Costs: 3-1 2W 67 250 2U317 Funding Sources: In House 34 2-58 67 250 2,91317 Grants Loans Total Funding: 3-1 2W 67 250 254317 Capital Facilities Element Page 51 of 85 121/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Coulter Creek Park Development Estimates: Construction Level Description: Develop additional waterfront property and to develop trail network and boardwalk. Justifications: Waterfront park land and trails were rated highest priority in the County Parks and Recreation Plan. Estimated Project Costs (in thousands) 2018 2019 2020 2021 2022 2023 Total Acquisition Site Prep & Utilities/Well Construction Engineering Construction 376 376 Total Costs: 376 376 Funding Sources: In House 188 188 Grants 188 188 Loans Total Funding: 376 376 Capital Facilities Element Page 52 of 85 1214217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Walker Park Improvements Estimates: Construction Level Description: Restroom renovation, ADA upgrades. Justifications: Picnic shelter and other improvements consistent with the County Parks and Recreation Plan. Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Engineering Site Prep & Utilities/Well Construction Engineering Construction 275 448 723 Total Costs: 275 448 723 Funding Sources: In House 275 448 723 Grants Loans Total Funding: 275 448 723 Capital Facilities Element Page 53 of 85 124/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: North Bay Trail Project Estimates: Construction Level Description: Pathway connecting Port of Allyn with Coulter Creek Park. A concept plan has been completed investigating how a non-motorized pathway could be built along the County Road Right of Way to connect the Port of Allyn Park with Coulter Creek Park to the tip of Case Inlet. The first phase would be just over two miles long. This trail could also be the beginning of a larger trail network connecting Allyn with Belfair. The County Trails Fund, administered by Public Works could be one of the primary funding sources for this project. State grant funding is another possibility. The addition of trails and water access were high priorities in the recent parks plan and this project would provide both a trail and access to water. Justifications: High priority project from both the 2006 Park Plan and 2008 County Regional Trails Plan and the 2013 Parks & Trails Comprehensive Plan. Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Engineering 95 95 Site Prep& Utilities/Well Construction Engineering 95 95 Construction 845 845 Total Costs: 1035 1035 Funding Sources: County Trails Fund In House 1035 1035 Other Grants Loans Total Funding: 1035 1035 Capital Facilities Element Page 54 of 85 12-1/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 1 Capital Improvement Program Project Name: Trails Development and Shelton to Belfair Trail Program Estimates: Construction Level Description: Trail development program for Mason County. Justifications: Begin Implementation of a trail development program as per the County Regional Trails Plan. Estimated Project Costs (in thousands) 2018 2019 2020 2021 2022 2023 Total Planning and Design Site Prep & Utilities/Well Construction Engineering 106 106 Construction 50 50 50 50 2350 50 2600 Total Costs: 50 156 50 50 2350 50 2706 Funding Sources: In House 50 1S6 50 50 1200 50 1556 Grants 1150 1150 Loans Total Funding: 50 156 50 50 2350 50 2706 Capital Facilities Element Page 55 of 85 124/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Union Park Improvements Estimates: Construction Level Description: Renovate restroom,ADA upgrades Justifications: New or renovated restroom and ADA improvements. Estimated Project Costs (in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Engineering Site Prep & Utilities/Well Construction Engineering Construction 835587 835587 Total Costs: 815587 813587 Funding Source In House 67-2440 674770 Other Grants 343147 343147 Loans Total Funding: 815587 813587 Capital Facilities Element Page 56 of 85 12-1/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: North Mason School District Football-Soccer Field Renovation Estimates: Construction Level Description: Partner with NM Mason School District to renovate one football soccer field; most likely the main stadium field. Community use would be allowed when school district is not using the facility. Justifications: Need for community soccer-football field in North Mason County as identified in the County Parks and Recreation Plan. Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Engineering Site Prep & Utilities/Well Construction Engineering Construction 1000 1000 Total Costs: 1000`wl1000 Funding Source In House Other Grants 1000 1000 Loans Total Funding: 1000 1000 Capital Facilities Element Page 57 of 85 124/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Water Spray Park Development Estimates: Construction Level Description: Develop a water spray park in Shelton Area of Mason County and in Belfair Area of Mason County Justifications: Consistent with the County Parks and Recreation Plan. Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Engineering 90 90 Site Prep & Utilities/Well 150 150 Construction Engineering 50 50 Construction 800 800 Total Costs: 1090 1090 Funding Source In House 545 545 Other Grants 545 545 Loans Total Funding: 1090 1090 Capital Facilities Element Page 58 of 85 124/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Belfair Skate Park Estimates: Construction Level Description: Skate Park for Mason County Justifications: Consistent with the County Parks and Recreation Plan Estimated Project Costs (in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Engineering -50 55 X055 Site Prep & Utilities/ Well 3-2-0 132 140132 Construction Engineering 75 83 7-583 Construction 2-95 396 245396 Total Costs: S38 666 -SW666 Funding Source In House 2-45 333 2-6-5333 Other Grants 2-€-5 333 2-6-5333 Loans Total Funding: 3A 666 X0666 Capital Facilities Element Page 59 of 85 121/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Latimer's Landing Boat Ramp Estimates: Construction Level Description: Scope of this project includes planning/design and development to renovate the existing County Boat Ramp in Union on Hood Canal. Justifications: Project listed as a high priority in the County Parks and Recreation Plan. Project would enhance water access and boating. Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Planning, Design 25 35 60 Site Prep & Utilities/Well Construction Engineering Construction 118 142 260 TOTAL COSTS: 143 177 320 Funding Sources: In House 72 133 205 G ra nts 71 44 115 Loans TOTAL FUNDING: 143 177 320 Capital Facilities Element Page 60 of 85 121-/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 2 Capital Improvement Program Project Name: Union Street Ends Park at Orre Nobles Estimates: Construction Engineering Level Description: There are four street ends in the Union area that citizens are interested in converting to small water access pocket parks. These sites can also facilitate access from water to land was well for kayakers and canoes. These sites could enhance the Cascadia Marine Trail.The plan is to begin working on the Orre Nobles site. Justifications: County Parks and Recreation Plan placed high priority on water/beach access and trail development. Union Improvement Club supports this project as well. Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Engineering Site Prep & Utilities/Well Construction Engineering 5 5 Acquisition Total Costs: 5 5 Funding Source In House 5 5 Other Grants Loans Total Funding: 5 5 Capital Facilities Element Page 61 of 85 124/217/178 4. COUNTY AND ADMINISTRATIVE BUILDINGS SYSTEM DESCRIPTION Mason County owns several buildings, most of which are located in the City of Shelton, Table 6. Summary of Administration Sites the county seat. These buildings are used to support general County functions such as Site Square Feet Acres internal management, health, public service, and general administration. Other buildings Shelton Campus 169,200 3.88 owned by the County include Memorial Hall, the two buildings on Pine Street that house Memorial Hall 12,000 0.275 the Mason County Sheriff, the Public Works Campus and the Belfair Public Works Shop. Belfair Public Works Campus 3,500 1.4 Table 6 describes these sites. Public Works Campus 57,979 40 3d & Pine Property 19,000 1.16 Memorial Hall and the two buildings on Pine Street are located in Shelton, a few blocks from the main campus area. The Public Works campus is located about 4 miles north of Shelton, on the northwest side of Highway 101. The Belfair Public Works Shop is situated on the north shore of Hood Canal about 3 miles from Belfair. INVENTORY Mason County's administrative offices and departments housed in the buildings are listed in Table 7. Also provided is a summary of current office area allocations for the County departments and departmental functions. Most of the County's administrative offices are located in the Shelton Campus, a four-square block section of the downtown area. At this location, the County operates from 23 publicly owned buildings. These include the Courthouse, Jail, Juvenile Detention Facility, Building I, Building II, Building III, Building IV, Building V, Building VI, Building VII, Building VIII, and Building IX. Other county administrative offices are, the 3rd & Pine building(the Sheriff Office), and Public Works campus. FACILITY NEEDS Mason County has conducted an assessment of the condition of all county owned buildings and facilities titled, "Mason County Existing Facilities Assessment." The facilities assessment completed looked at existing County Buildings, recommends improvements, and provides a maintenance plan or maintenance assessment for the next 6 to 12 years. Additionally, Mason County completed a Special Needs Assessment and Campus Master Plan. Some facilities are in need of additional space, such as the courthouse and the jail.There is an immediate need for additional courtroom space. Capital Facilities Element Page 62 of 85 124/217/178 Table 7. Mason County Space Needs Update-Area Projections for primary space needs Many of the buildings and facilities are more than 30 years of age or older and there is Department Current(scl.ft.) Projected (scl.ft.) deferred maintenance including roofs, Allocation Need Deficit Deficit 2020 need mechanical systems, electrical systems, Assessor 2,520 4,440 1,920 43%73% 4,440 windows, and other components of each Auditor 3,407 4,074 667 1-&%20% 4,518 building. If an active program is not Treasurer 2,481 2,442 None 1,998 implemented soon, Mason County could expect Budget and Finance/ 210 444 234 431%111% 666 to experience multiple building failings at or Risk Management about the same time, causing financial hardship Human Resources to the County. Facilities and Grounds 215 444 229 34%109% 666 ER&R Services 2,508 3,500 992 15%40% 6,500 Based on the "Space Standards Manual" County Commissioners published b the State of Washington 2,199 1,832 None 2,276 p Y 8 Central Operations Department of General Administration, 250 Clerk 2,307 3,398 1,091 36YA47% 4,892 square feet are needed per employee. In District Court 1,318 3,508 2,190 38%166% 5,728 addition, certain governmental functions have Superior Court 2,925 7,664 4,739 30%162% 13,162 special requirements for facilities. Probation Services 4,964 12,400 7,436 35-°6150% 21,200 Juvenile Detention/ Alternatives to Detention 4,745 4,608 None 5,496 Sheriff 3,408 9,400 5,992 15°6176% 15,000 Adult Detention/ Alternatives to Detention 19,315 63,000 43,685 45%226% 76,600 Prosecutor 3,533 4,468 935 470A26% 5,406 Coroner 294 744 450 24-%153% 2,188 Community Development 3,681 5,550 1,869 2 °651% 7,104 Utilities and 635 1,554 919 45%145% 3,330 Waste Management Public Health Services 3,555 8,992 5,437 39%153% 14,098 Parks and Trails 1,094 1,554 460 23%42% 1,998 WSU MC Extension 2,377 4,330 1,953 37-%82% 5,218 Total 73,153 164,346 91,736 4"%125% 222,484 Capital Facilities Element Page 63 of 85 1244217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 1 Capital Improvement Program Project Name: Building#1 Improvements Estimates: Construction Level Description: HVAC, Proximityhardware and new window improvements as per facilities assessment Justifications: Mason County Existing Facilities Assessment Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Planning Site Prep& Utilities/Well Construction Engineering Construction 130 280 --9$ 38410 Total Costs: 130 280 99 348410 Funding Source In House 130 280 98 38410 Other Grants Loans Total Funding: 130 280 99 38410 Capital Facilities Element Page 64 of 85 12-1/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 1 Capital Improvement Program Project Name: Building#2 Improvements Estimates: Construction Level Description: New Carpet and Paint building improvements as per facilities assessment Justifications: Mason County Existing Facilities Assessment Estimated Project Costs (in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Planning Site Prep & Utilities/Well Construction Engineering Construction 34 11 11 22 Total Costs: -14 11 11 22 Funding Source In House 34 11 11 22 Other Grants Loans Total Funding: 34 11 11 22 Capital Facilities Element Page 65 of 85 124-/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 1 Capital Improvement Program Project Name: Building#3 Improvements Estimates: Construction Level Description: HVAC and Various building improvements as per facilities assessment Justifications: Mason County Existing Facilities Assessment Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Planning Site Prep& Utilities/Well Construction Engineering Construction 22-52 111 22.5113 Total Costs: 2.252 111 2-2-5113 Funding Source In House 2-2-52 111 2-2-5113 Other Grants Loans Total Funding: 22-52 111 X5113 Capital Facilities Element Page 66 of 85 121-/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 1 Capital Improvement Program Project Name: Building#4 Improvements Estimates: Construction Level Description: HVAC and Various building improvements as per facilities assessment Justifications: Mason County Existing Facilities Assessment Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Planning Site Prep & Utilities/Well Construction Engineering Construction 52 79 14328 445159 Total Costs: 52 79 1328 14-5159 Funding Source In House 52 79 -14-328 --5159 Other Grants Loans Total Funding: 52 79 1328 1-5159 Capital Facilities Element Page 67 of 85 124-/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 1 Capital Improvement Program Project Name: Building#6 Improvements Estimates: Construction Level Description:Various building improvements as per facilities assessment Justifications: Mason County Existing Facilities Assessment Estimated Project Costs (in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Planning Site Prep & Utilities/Well Construction Engineering Construction 12 6 18 Total Costs: 12 6 18 Funding Source In House 12 6 18 Other Grants Loans Total Funding: 12 6 18 Capital Facilities Element Page 68 of 85 12-1/217/1-78 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 1 Capital Improvement Program Project Name: Building#7 Improvements Estimates: Construction Level Description:Various building improvements as per facilities assessment Justifications: Mason County Existing Facilities Assessment Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Planning Site Prep& Utilities/Well Construction Engineering Construction 30 26 2-656 Total Costs: 30 26 2656 Funding Source In House 30 26 2-656 Other Grants Loans Total Funding: 30 26 2656 Capital Facilities Element Page 69 of 85 12-t/217/17-8 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 1 Capital Improvement Program Project Name: Building#8 Improvements Estimates: Construction Level Description: Various building improvements as per facilities assessment Justifications: Mason County Existing Facilities Assessment Estimated Project Costs (in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Planning Site Prep & Utilities/Well Construction Engineering Construction 44 51 202 246297 Total Costs: 44 51 202 246297 Funding Source In House 44 51 202 246297 Other G ra nts Loans Total Funding: 44 51 202 246297 Capital Facilities Element Page 70 of 85 12 /217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 1 Capital Improvement Program Project Name: Building#9 Improvements Estimates: Construction Level Description:Various building improvements as per facilities assessment Justifications: Mason County Existing Facilities Assessment Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Planning Site Prep & Utilities/Well Construction Engineering Construction 26 4858 26 -74110 Total Costs: 26 4858 26 X4110 Funding Source In House 26 4858 26 X4110 Other Grants Loans Total Funding: 26 4558 26 -74110 Capital Facilities Element Page 71 of 85 121/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 1 Capital Improvement Program Project Name: Mason County Jail Improvements Estimates: Construction Level Description:Various building improvements as per facilities assessment Justifications: Mason County Existing Facilities Assessment Estimated Project Costs (in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Planning Site Prep & Utilities/Well Construction Engineering Construction 42-2 58 36%3 26 804386 02 Total Costs: 42-2 58 3-%3 26 804386 02 Funding Source In House 42-2 58 3§63 26 884386 02 Other Grants Capital Facilities Element Page 72 of 85 124-/217/17-8 Loans Total Funding: 42-2 58 3x63 26 9"386 02 Capital Facilities Element Page 73 of 85 124/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 1 Capital Improvement Program Project Name: Courthouse Improvements Estimates: Planning and Construction Level Description:Various building improvements as per facilities assessment, immediate goal is development of another courtroom and relocate Clerk. Justifications: Mason County Existing Facilities Assessment Estimated Project Costs(in thousands) 2018 28190 2020 2021 2022 2023 Total Preliminary Planning 100 100 Site Prep & Utilities/Well Construction Engineering Construction 163 338181 12821487 288 325 23882444 Total Costs: 163 338181 18221487 288 325 24882544 Funding Source In House 163 338181 35821487 288 325 24882544 Other Grants Loans Total Funding: 163 330 13821487 288 325 24882544 Capital Facilities Element Page 74 of 85 124-/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 1 Capital Improvement Program Project Name: Juvenile Detention Improvements Estimates: Construction Level Description:Various building improvements as per facilities assessment Justifications: Mason County Existing Facilities Assessment Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Planning Site Prep& Utilities/Well Construction Engineering Construction 36 6033 61 24 4-LL9154 Total Costs: 36 6033 61 24 440154 Funding Source In House 36 6033 61 24 349154 Other Grants Loans Total Funding: 36 6033 61 24 320154 Capital Facilities Element Page 75 of 85 124/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 1 Capital Improvement Program Project Name: Sheriff's Office Improvements Estimates: Planning and Construction Level Description:Various building improvements as per facilities assessment Justifications: Mason County Existing Facilities Assessment Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Planning Site Prep & Utilities/Well Construction Engineering Construction 277 24973 342.33 402383 Total Costs: 277 24073 34233 402383 Funding Source In House 277 2-6973 34233 492383 Other Grants Loans Total Funding: 277 24973 -1 33 492383 Capital Facilities Element Page 76 of 85 124-/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 1 Capital Improvement Program Project Name: Memorial Hall Estimates: Planning and Construction Level Description:Various building improvements to restore the historic Memorial Hall Justifications: Building has not had any significant improvements since the structure was built in the 1920's. Estimated Project Costs (in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Planning 10 10 Site Prep & Utilities/Well Construction Engineering 50 50 Construction 125 125 Total Costs: 10 50 125 185 Funding Source In House 10 50 125 185 Other Grants Loans Total Funding: 10 50 125 185 Capital Facilities Element Page 77 of 85 124-/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET FACILITIES, PARKS &TRAILS DEPARTMENT Fund Name: REET 1 Capital Improvement Program Project Name: District Court Complex Estimates: Planning and Construction Level Description: Various building improvements renovate newly purchased facility to District Court needs Estimated Project Costs (in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Planning Site Prep & Utilities/Well Construction Engineering 150 150 Construction 600 125 725 Total Costs: 750 125 875 Funding Source In House 750 125 875 Other Grants Loans Total Funding: 750 125 875 Capital Facilities Element Page 78 of 85 12-/217/178 5. POLICE AND CRIMINAL JUSTICE FACILITIES SYSTEM DESCRIPTION The Mason County Sheriff's Office provides police services including, patrol, traffic enforcement, service of civil process, jail operation and investigative services to the citizens of Mason County. The Mason County Sheriff's Office currently has a total of 111 authorized employees. Of those 54 are commissioned officers, 36 are jailers, and 21 are civilian employees. The Mason County Sheriff's Office currently serves approximately 63,203 citizens. This number represents a 28 percent increase in population since 2000. The Mason County Sheriff's Office covers all of Mason County including over 900 miles of shorelines, 622 miles of county roads and nearly 115 miles of state highways. Marine enforcement is currently conducted by off duty deputies on overtime or other agencies. The Mason County Sheriff's Office has taken over primary responsibility for traffic law enforcement and collision investigations on all county roads as of July 1, 2009. Currently, nine deputies are assigned to the traffic unit efforts, based on specialized training, but still answer 911 calls for service while on shift. Mason County Sheriff's Office is assisted through mutual aid by the Shelton Police Department and the Squaxin Island Police Department. JAIL FACILITIES The present Mason County Jail opened in 1986 with a population capacity of 45 inmates. In 1989, capacity was increased to 51, and in 1991 it was increased to 58 beds with floor space for 106. The Direct Supervision Unit of the Mason County Jail opened on October 1, 2006, bringing the jail capacity up to 128 inmates. In 2014, the Mason County Sheriff's Office reconfigured the DSU facility. The reconfigured facility houses 42 inmates. In earlier comprehensive plans several critical maintenance issues were identified at the jail as needing immediate repair or replacement. They include new locks for the cells and cellblocks, leaks in the roof and the problems with the walkway between the court house and the jail. Between 2014 and 2016, the jail received significant improvements including a new roof, new control system, and comprehensive update of the mechanical systems in the building.These issues have all been addressed by the Sheriff's Office, BOCC, and Facilities Department. As reported in the Comprehensive Plan, in 1993 the average daily population (ADP) was 62. In 2004 the ADP was at 79, and in 201745 the ADP was 87106. Due to the ADP being at or over capacity continually, outsourcing of inmates to other jails began in the first quarter of 2015. To date the program continues to house on average 40-50 inmates per month; that has cost the Sheriff's Office's operational budget $1.3 million through August of 2016. Capital Facilities Element Page 79 of 85 124/217/178 STRATEGIC PLAN The Mason County Sheriffs Office is currently pursuing the installation of an updated inmate visitation/telephone/commissary kiosk system and acquisition of a storage unit for the safe housing of supplies and equipment. After completion of the above mentioned areas the Mason County jail will have a total inmate capacity of 144. It should be noted that inmate bed space should not be confused for total capacity. After completion of the redesign the total number of inmate beds will be 105, an additional 3 in holding cells with another 20 using floor space for a total capacity of 140. Though the maintenance updates and redesign will create efficiencies in the use of existing staff hours and have created a safer working environment for our jail deputies we are still at a lower overall capacity than the 160 plus inmates being housed in 2009 prior to the closure of the DSU. The options recommended by an independent review advisory body for expanding Mason County Jail capacity include a Mason County facility or a regional jail in partnership with another county/city. Consideration should be given to a facility large enough to accommodate county growth over the next 30 years as well as options to lease bed space to other agencies. Overcrowding and space needs is a statewide problem at this time. This issue is of particular concern at the county level to house female inmates which are growing in numbers and inmates with mental health issues statewide. ALTERNATE FUNDING SOURCES The Mason County Sheriff's Office continues to explore alternative funding sources including Federal Homeland Security Grants, Justice Assistance Grants, and grants from other federal, state, and private sources. However, like many other funding sources the amounts of these grants are being reduced or eliminated altogether. Additionally, the Mason County Sheriff's Office is committed to forming community partnerships with public and private agencies to more efficiently provide services and utilize facilities to maximum efficiency. SHERIFF'S FACILITY The Mason County Sheriff's Office is currently housed at 322 North 3rd Street in Shelton. The Office transitioned to this location from the Mason County Courthouse in December 2009. Police Operations, Records, Finance, Administration, and Evidence are currently housed at this facility. The acquisition of this facility has greatly enhanced the office's ability to perform its mission with much greater efficiency. SPACE ALLOCATION CRITERIA AND MAINTENANCE Standard space allocations methods do not apply to all areas of the Sheriff's Office because of the diverse functions found within the department such as training, locker rooms, K-9 holding, briefing room, interview rooms, public receptions, fingerprinting, criminal complaints, evidence processing and others. Standard space allocations for many of the above essential functions is not adequate. Capital Facilities Element Page 80 of 85 121/217/178 To meet accreditation standards and safe workplace criteria a decontamination and eyewash facility needs to be installed or established in the Jail and the North and South Precincts. This can be completed in several ways to meet the standard and needs to be considered for the 2018- 2023 budget period in order to maintain accreditation and safety practices. NORTH MASON COUNTY FACILITY The greater Belfair/Allyn area is quickly becoming a business and population hub in northeastern Mason County, requiring a higher level of law enforcement and other governmental services. When the new sewer system is completed in Belfair,the area is expected to grow. The North Precinct was established in late 2013 and has made a significant impact on policing operations. In 2014, half of the patrol division and over 20 citizen volunteers staffed this precinct.The building is currently contracted through the private sector and appears to meet the needs for the 2018-2023 planning period based on projected police, investigative, and administrative functions. STORAGE NEEDS Most of the County Sheriff's Office storage needs are currently being met with the leasing of a building 305 S. First Street. The most important need of the Sheriff's Office is offsite evidence storage. Property taken in is held in trust by the Sheriff's Office. Therefore, it is the Sheriff's responsibility to ensure its security, preservation, chain of custody, as well as its proper return, sale, or disposal according to law. Currently, most of the Sheriff's evidence is being held in a secured designated area at the Sheriff's located at 322 North 3'd St in Shelton. The Mason County Sheriff's Office also stores vehicles held as evidence, including homicide vehicles, and large evidence items at the Mell Chevrolet building in downtown Shelton. This space was recently leased by the county to store equipment and evidence. Replacement of this facility is needed. The current facility does not meet industry standards. The BOCC and Facilities Department are exploring an option (305 S. 15t Street) that would suffice as a temporary solution while a long term building design and location site can be determined to meet the expected growth over the next decades.This would be the first move of the offsite evidence site in nearly 40 years. The Mason County Sheriff's Office must have covered secure storage for its three boats, light armored vehicle, all terrain vehicle, skid car and trailer, search and rescue vehicles, along with spare patrol vehicles. Additional secure storage is needed for other training equipment, tactical equipment, search and rescue equipment, and traffic radar trailers. The storage facility needs to be in a secure location that is built to specifications that will not cause operational degradation. The need is essential as the equipment stored is expensive and requires storage that allows for emergency response and reliability that the current facilities do not accommodate. Like the evidence storage, the Mell Chevrolet building is being used for storage but is already at capacity and cannot absorb future growth. Capital Facilities Element Page 81 of 85 124/-217/178 FIREARMS TRAINING FACILITY The Mason County Sheriff's Office currently has no weapons training facility and relies upon the Department of Corrections which allows quarterly training at their facility located adjacent to the Washington Corrections Center. A shooting park or similar facility has been discussed, but no action has been taken. Having a facility the Sheriff's Office can use for firearms training is essential. COURTS The Mason County District courts handles nearly 10,000 cases annually, mostly infractions and misdemeanors. Mason County Superior Court handles over 2,500 cases annually, with civil cases being the most common, followed by criminal actions, domestic cases, juvenile offender cases, and probate/guardianship cases, in that order. Additional information regarding the courts and annual caseloads can be obtained at www.courts.wa.govt. because of the dramatic increases in court cases, especially in District Court, an existing structure adjacent to the Downtown County Complex will be purchased to allow expansion of the county judicial system. Capital Facilities Element Page 82 of 85 121/217/178 6. STORMWATER MANAGEMENT AND HABITAT IMPROVEMENT COMPREHENSIVE MANAGEMENT APPROACH Storm and surface water management is an important government role that serves to protect and improve water quality and habitat, and reduce flooding. Mason County has taken several steps to implement a comprehensive, county-wide management approach including: • Adopting local stormwater management standards and by reference the 2012 Stormwater Management Manual for Western Washington as part of the 2016-2036 Comprehensive Plan and Development Regulations update. • Adopting a county-wide Stormwater Management Plan in June 2008; • Inventorying, assessing and maintaining stormwater systems within county right-of-way; • Planning, designing and constructing stormwater retrofit projects; • Adopting a Comprehensive Flood Management Plan and a Flood Damage Prevention Ordinance Update; • Participating in, or leading fish passage improvement projects; and • Participating in, or leading regional planning strategies. The County formed a Stormwater Task Force (SWTF) in late 2009 to make recommendations to the County Commissioners on implementing the adopted stormwater management plan and related water quality initiatives. Final Task Force recommendations to implement a "Clean Water Program" were presented to the County Commissioners in August 2012 along with a recommendation to establish a stormwater utility rate to fund the program. STORMWATER SYSTEM DESCRIPTION The stormwater management system within Mason County can generally be described as "rural" or "natural" even within designated urban growth areas (UGAs). This type of Low Impact Development stormwater management is a critical part of ensuring water availability and water quality. A very small percentage of the overall system can be described as a typical municipal separate storm sewer (MS4) consisting of curb, gutter, catch basin, and piped conveyance. This type of system can be found, however, within sections of the Hoodsport Rural Activity Center (RAC) and Belfair,Allyn and Shelton UGAs. Mason County is responsible for managing stormwater systems within County road rights-of-way and those associated with County buildings such as the Public Works site. The County is also responsible for permitting Low Impact Development (LID) features such as porous concrete, pervious asphalt, bio-retention and rain gardens used to manage stormwater as part of housing and commercial development. The stormwater systems owned and managed by the County are inventoried, inspected and represented as part of the Planning Map Library on the Mason County website. Capital Facilities Element Page 83 of 85 124/217/178 CAPITAL FACILITY NEEDSIPROJECTS Mason County is in the initial stages of stormwater capital facility planning but has a fairly long history of carrying out habitat improvement projects and wetland mitigation. Identification of stormwater capital facility needs and projects comes from a variety of sources, including the adopted County-wide Stormwater Management Plan, water quality monitoring, habitat assessments and other Lead Entity activities, and Water Quality Improvement Reports. Mason County participated in a Hood Canal regional effort to select, rank, and prioritize sites for future stormwater retrofit projects. A prioritized list and preliminary designs for top projects was recently completed, including two Mason County sites: Union Park and Thelar Center. Project emphasis is on retrofits (those that address "legacy" problems) and can generally be grouped into the following three categories: Water Quality These projects are designed to improve water quality problems identified through monitoring; downgraded or threatened shellfish harvest areas, 303(d) listings, or Water Quality Improvement Reports. Projects may consist of wet ponds, sand filters, constructed wetlands, vaults, or other BMPs. Flooding/Erosion These projects will reduce the frequency and/or severity of flood and erosion damage to public and private property. Projects may include additional storage facilities, new or enlarged conveyances, channel stabilization, stream restoration, or reducing impervious surfaces. Aquatic Habitat Projects in this category are designed to maintain or enhance aquatic habitat, with an emphasis on salmon recovery and shellfish. These projects may include habitat surveys, culvert replacements, installation of in-stream structures, or removal of dikes. All three categories of projects will typically require funding for planning, design, construction and land acquisition. It should also be noted that many projects will serve multiple purposes: for example, a project that includes storage for flood control will likely improve water quality through additional detention and settling of pollutant-carrying sediments. LEVEL OF SERVICE STANDARDS Stormwater Management for New Development and Redevelopment In order to comply with the Shorelines Master Program and the Mason County Resource Ordinance, new development and redevelopment throughout Mason County must meet the minimum requirements of the 2012 Stormwater Management Manual for Western Washington. In addition to these minimum requirements, Mason County Code 14.48 spells out requirements for financial liability. Capital Facilities Element Page 84 of 85 124/217/178 Stormwater Conveyance Mason County Code 16.48 states that all construction shall conform to the Washington State Department of Transportation's Standard Specifications for Roads, Bridges and Municipal Construction. Conveyances are typically designed to meet the 25-year storm event. Stormwater Retrofits Most capital facility projects are considered "retrofits" meaning the project is undertaken to correct or improve conditions associated with past development. Retrofits are designed using best professional judgment to provide reasonable improvements in stormwater management, recognizing that site constraints frequently make strict application of Best Management Practices (BMPs) challenging. FUNDING Mason County has utilized a variety of revenue sources to fund stormwater management and habitat improvement activities. The majority of past funding has been from grants, but the Road Fund and Real Estate Excise Tax (REET 2) have also been used for program "development" funding and grant match. A brief description of past and potential revenue sources includes: Road Fund The Road Fund provided $25,000 start-up revenue for stormwater program development and implementation beginning in 2010. This revenue source is used to leverage grant funding as a local revenue source is required for grant match (typically 25%). Real Estate Excise Tax(REET2) REET2 has been a revenue source used to fund capital construction and serve as grant match. REET2 funds in the amount of $82,500 were allocated in years 2009 through 2012, and in the amount of$75,000 in 2013. These revenues combined with grant funds were used to design and construct projects in Belfair, Allyn and Hoodsport to reduce contaminants and improve water quality. The revenue table assumes REET2 requests are made to use as grant match in years 2018 through 2023. Grants Mason County has received approximately$1.1 million in stormwater management grants over the past seven years. Future grant availability is expected to diminish due to greater demand and competition, directing funds to jurisdictions under Municipal NPDES permit requirements (Mason County is not a permittee), and an overall reduction in available funds. The revenue table assumes that the county will apply for and receive small grants years 2018 through 2023. Capital Facilities Element Page 85 of 85 124/217/178 Stormwater Utility Rate Mason County created a Stormwater Utility in June 2008 but did not establish a rate to fund stormwater management activities at that time. A Stormwater Task Force (SWTF) met regularly from April 2010 through June 2012 to develop program and funding recommendations to the Board of County Commissioners. They recommended a stormwater utility rate be established to provide dedicated, predictable funding to implement an annual program of approximately$1.43 million. Water adequacy and water quality discussions may necessitate the establishment of a stormwater utility rate in the 2018-2023 planning period. Flood Control Zone District Mason County established the Skokomish Flood Control Zone District (FCZD) in 1976 for the purpose of improving flood control and drainage facilities within the watershed. The District was abolished in 2014 in recognition of the need to collect district revenues in a more equitable manner. The majority of revenue collected by this special taxing district came from Lake Cushman properties that had little relationship to the Skokomish watershed improvements. The FCZD has a Fund Balance that will gradually draw down over time unless a new revenue source is created. Capital Facilities Element Page 86 of 85 121/-217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET PUBLIC WORKS Fund 480: Storm Drainage System Development Fund Project Name: Stormwater Retrofits Estimates: Preliminary Engineering Level Description: This project includes costs associated with the design and construction of stormwater retrofit projects identified in various planning documents. It assumes that any retrofit projects accomplished in years 2018—2023 will occur if REET2 monies are budgeted in the stormwater fund and the county is successful in securing grants. Justifications: Clean and adequate water is vital to the health, economy and cultural heritage of Mason County. Mason County government plays an important role in salmon recovery, maintaining and improving shellfish harvest areas, flood control, and improving water quality as well as the overall recovery of Puget Sound. Constructing stormwater retrofits is an important community investment yielding returns in the form of maintaining property values, generating fish/shellfish revenues and tourism and reducing health risks and costs. Estimated Project Costs (in thousands) Revenues 2018 2019 2020 2021 2022 2023 Total Road Fund REET2 10 10 10 10 10 50 Grants 30 30 30 30 30 150 Total Revenues 40 40 40 40 40 200 Expenditures Administration 3 3 3 3 3 15 Plan/Prelim. Eng. 6 6 6 6 6 30 Design/Construction 30 30 30 30 30 150 Total Expenditures 39 39 39 39 39 195 Capital Facilities Element Page 87 of 85 12-1/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET PUBLIC WORKS Fund 190: Skokomish Flood Control District Fund Project Name: Skokomish River Ecosystem Restoration Estimates: Preliminary Engineering Level Description: Mason County and the Skokomish Tribe (Local Sponsors) are partnering with the Army Corps of Engineers to prepare final design and construction documents, and construct five ecosystem restoration projects within the Skokomish River watershed. Phase I construction is planned to begin in 2019 and Phase II in 2020. The five projects are: ■ Confluence Levee Removal—Phase I ■ Wetland Restoration at River Mile 9—Phase I ■ Wetland Restoration at Grange—Phase I ■ Side Channel Reconnection—Phase I ■ Upstream Large Woody Debris Installation—Phase II Mason Conservation District is taking the lead on pursuing grants which will be the local sponsor revenue source. Justifications: Environmental degradation can be seen throughout the Skokomish River Basin including a loss of natural ecosystem structures, functions, and processes necessary to support critical fish and wildlife habitat.The degradation of riverine and estuarine habitat has resulted in the listing of four anadromous fish species under the Endangered Species Act (ESA) (Chinook salmon, chum salmon, steelhead, and bull trout)that utilize the river as their primary habitat.The impaired ecosystem has adversely affected riverine,wetland and estuarine habitats that are critical to these and other listed species. Capital Facilities Element Page 88 of 85 124-/217/178 Estimated Project Costs (in thousands) Revenues 2018 2019 2020 2021 2022 2023 Total Federal Government (65%) 4,518 3,000 1,755 2,003 594 11,870 Local Sponsor (35%) 2,433 2,600 945 1,079 631 7,688 Grant: FbD or SRFB (to be secured) Total Revenues 6,951 5,600 2,700 3,082 1,225 19,558 Expenditures Preliminary Engineering (PED) 1,545 1,545 Lands and Damages 1,037 1,037 Construction 4,369 5,000 2,000 2,782 631 14,782 Construction Management 600 700 300 594 2,194 Total Expenditures 6,951 5,600 2,700 3,082 1,225 19,558 Capital Facilities Element Page 89 of 85 121-/217/178 7. TRANSPORTATION FACILITIES Mason County Public Works is responsible for engineering, construction, operation and maintenance of approximately 620 miles of county roads and 64 bridges throughout the county. The primary County collectors are listed in Table 8. Mason County currently has no arterials other than the state highway system. State highway level of service standards Table 8. Mason County Arterials Inventory are established by WSDOT. Road Name Milepost ADT Year 2036 ADT 2036 Peak More detail is available in the Transportation Element of the Agate Road 3.9 2,919 2012 3,823 382 Comprehensive Plan as well as the 2018-2023 Transportation Bear Creek Dewatto Road 10.3 2,585 2012 3,385 339 Improvement Program (TIP). Mason County's TIP is adopted by Belfair Tahuya Road 11.4 2,776 2012 3,635 364 reference as part of the Comprehensive Plan. Brockdale Road 4.9 2,336 2011 3,094 309 The Mason County Public Works Facility, located to the north of Cloquallum Road 4.62 1,129 2011 1,495 150 Shelton on Highway 101, provides for the majority of the current Cole Road 3.23 2,562 2012 3,355 336 needs of the Department,with some needed utility improvements. Crestview Drive 0.01 1,353 2012 1,772 177 However, satellite facilities at different locations around the Dayton Airport Road 0.06 1,668 2014 2,136 214 County and a new shop in Belfair may be needed in the future to Harstine Bridge Road 0.18 2,204 2012 2,886 289 better support the Department's needs and improve the efficiency Lynch Road 0.4 2,057 2012 2,694 269 of the Department by reducing travel and transportation time for Mason Benson Road 0.23 1,047 2012 1,371 137 materials and equipment used for maintenance and construction McReavy Road 6.8 2,990 2011 3,960 396 project work. North Bay Road 0.05 2,416 2012 3,164 316 See the Planning Map Library on the Mason County website for North Island Drive 0.04 1,119 2012 1,465 147 current facility inventory maps. North Shore Road 3.48 5,491 2012 7,191 719 Old Belfair Highway 0.01 5,083 2014 6,508 650 Old Olympic Highway 0.15 2,450 2011 3,245 325 Pickering Road 0.7 3,760 2015 4,761 476 Sand Hill Road 0.1 3,737 2012 4,894 489 Shelton-Matlock Road 7.24 2,176 2014 2,786 279 Skokomish Valley Road 1.76 1,043 2011 1,381 138 South Island Drive 0.04 1,031 2012 1,350 135 Trails Road 1.58 2,001 2012 2,620 262 Capital Facilities Element Page 90 of 85 124-/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET TRANSPORTATION FACILITIES Fund: County Road Fund Project Name: Belfair Shop Improvements Estimates: Planning Level Description: Anew Shop will include a work staging area, vehicle maintenance bay, crews lunch/meeting room, restrooms & shower facilities, offices, vehicle and equipment storage and materials storage. For the immediate future, the existing building requires upgrades to insure functionality. In 2018, replacement windows will be installed and updates to the office area and restrooms will be made,as well as replacement siding and insulation. Justifications: The current Belfair Shop is located in a residential neighborhood adjacent to Hood Canal. Public Works is currently evaluating other sites for placement of a new shop, including an area at the new Belfair Treatment Plant. Estimated Project Costs(in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Engineering 250 100 260 610 Construction Engineering 100 100 Construction 160 925 1085 Total Cost: 160 250 100 260 1025 1795 Funding Sources: In House 160 250 100 260 1025 1795 Grants Loans Total Funding 160 250 100 260 1025 1795 Capital Facilities Element Page 91 of 85 12-1/217/178 2017-2020 CAPITAL FACILITIES PLAN WORKSHEET PUBLIC WORKS-ROADS Fund: County Road Fund Project Name: Satellite Maintenance Yard Development Estimates: Planning Level Description: Public Works will be developing selected sites at various locations across the County to better serve the requirements of maintenance activities. The planned development would include upgrades such as: clearing and grading, installing wells and water systems, installing electric power to support site services, constructing equipment/materials storage buildings and facilities, paving storage sites and developing roads on the properties. Acquisition of individual properties will supplement existing property holdings to provide for uses such as sites for stormwater treatment facilities and disposal sites for ditch spoils and slide materials from maintenance or construction excavations. Justifications: The changing mandates and requirements of road maintenance necessitate the expansion/upgrade of certain facilities, while the need to develop stormwater detention facilities and ditch spoil disposal sites require the purchase of property in specific locations. Estimated Project Costs (in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Engineering 10 10 10 30 Construction Engineering Construction Total Cost: 10 10 10 30 Funding Sources: In House 10 10 10 30 Grants Loans Total Funding: 10 10 10 30 Capital Facilities Element Page 92 of 85 124/-217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET PUBLIC WORKS-ROADS Fund: County Road Fund Project Name: Structure at Shelton-Matlock Road Site Estimates: Planning Level Description: The County Road Fund owns property on Shelton-Matlock Road that is currently used as a fenced materials and equipment storage yard. The construction of a structure on this site will help to facilitate the efficient deployment of crews and equipment to the south end of the County, particularly during snow and ice conditions.The cost below reflects a fully enclosed metal structure. Justifications: Currently crews assigned to maintain, plow and de-ice the southern portion of the County must go to the Central Shop to get the equipment needed to respond. When doing scheduled maintenance in the south end, crews travel to and from the Central Shop, transporting heavy equipment, vehicles, tools and materials needed for their work. One of the Road Department's long range goals is to consider placement of satellite maintenance yards in key locations throughout the county to improve response and efficiency. This satellite yard will also aid local utility districts during storm events. Estimated Project Costs (in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Engineering 75 75 Construction Engineering 25 25 Construction 250 250 Total Costs: 75 275 350 Funding Sources: In House 75 275 350 Grants Loans Total Funding: 75 274=1 350 Capital Facilities Element Page 93 of 85 124/217/178 2018-2023 CAPITAL FACILITIES PLAN WORKSHEET PUBLIC WORKS-ROADS Fund: County Road Fund Project Name: Sand and Salt Storage Shelter Estimates: Design Level Description: The old Public Works Facility was equipped with an existing structure that was used to store sand and salt used for winter storm events.The structure was something that could not be moved to the new Public Works facility. Justifications: In order to protect the sand and salt from wintry weather (water& freezing) at the new Public Works Facility it will be necessary to hire a designer for building design and a contractor for construction of a new sand and salt storage facility. Estimated Project Costs (in thousands) 2018 2019 2020 2021 2022 2023 Total Preliminary Engineering 150 150 Construction 300 300 Total Costs: 150 300 450 Funding Sources: In House 150 300 450 "h ,e fii9S� '";,,r-..d M, Mate` o... ...... w ri9m4 ...�.�.i. Grants Loans Total Funding: JA50 300 450AM Capital Facilities Element Page 94 of 85 12-/217/178 Mason County Comprehensive Plan Inventories & Forcasts 2016-2036 Comprehensive Plan Update All Inventory and Forcast Maps are available on Mason County website: https://gis.co.mason.wa.us/planning/ GIS Data Layer Description Source Date Website/Additional Information Shoreline Environmental Designations Mason Co 2016 *See also Critical Areas Ordinance/Shoreline Master Program National Wetland Inventory USFWS 2016 https://v%(ww.fws.gov/wetlands/Data/Data-Download.htmi FEMA Floodplain FEMA 2016 http://arcg.is/luHb81 https://www.dnr.wa.gov/programs-and-services/geology/geologic Critical Areas, Biology &Habitat Geology and Earth Resources WDNR, Mason Co. Varies hazards/geologic-hazard-maps Olympic National Forest USFS 2016 Critical Aquifer Recharge Areas Mason Co 2011 Riparian Buffers DNR & ECY 2016 htt ://arc .is/lbOGlP Priority Species and Habitat Fish& Wildlife Varies http://wdfw.wa.gov/conservation/phs/ Water Courses WDNR 2016 Watershed Characterization Results Ecology 2010 htt[2:ZZwvfw.ecy.wa.gov/biblioll006014.htmI Water Mitigation Map Ecology 2017 http://www.ecy.wa.govZprogramsZwrZrightsZdomwtravail.htmi Water and Wastewater Wastewater Systems Mason Co 2016 Resources Potable Water Systems PUD 1& Mason Co 2016 Critical Aquifer Recharge Areas Mason Co 2011 http://www.ecy.wa.gov/services/gis/data/image.asp?name=welir Exempt Wells Ecology 2016 eport https://www.dnr.wa.gov/programs-and- Mineral Resource Lands WDNR 2010 services/geology/publications-and-data/gis-data-and-databases Long Term Commercial Forests Mason Co 2016 Resource Lands Agricultural Lands Mason Co 2016 Conservation Lands Mason Co 2016 https://www.doh.wa.gov/DataandStatisticalReports/DataSystems/ Aquaculture Health 2016 GeographiclnformationSystem/DownloadableDataSets Development Areas Mason Co 2016 4 separate layers -each UGA developed their own zoning codes Parcels -Zoning and Land Use Mason Co 2016 Assessors Office Records and GIS Data Parks and Recreation Invenory Mason Co 2016 Includes Open Space Zoning&Land Use Ports&Properties Ports 2016 Schools&School Sites School Districts 2016 Rural Activity Centers Mason Co 2016 Future Land Use Map Mason Co 2016 Stormwater Facilities Mason Co 2010 Utilities Telecommunications Systems PUD 3 2016 Mason County Pipelines WUTC Unknown https://arcg.is/ODgynS Updated regularly Mason Co 2016 Transportation jUpdated regularly WSDOT 2016 http://www.wsdot.wa.gov/mapsdata/ eodatacatalo Maps/24k/DOT Trails Mason Co 2015 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen, Planning Manager DEPARTMENT: Community Services EXT: 286 BRIEFING DATE: January 7, 2019 PREVIOUS BRIEFING DATES: 10/16, 11/19, 11/26, 12/10 and 12/17/2018 ITEM: Public Benefit Rating System (PBRS). EXECUTIVE SUMMARY: The Mason County Planning Advisory Commission (PAC) voted (5-0) to recommend approval of the PBRS. The PAC considered the BOCC's remanded version (10-22-2018) and public testimony at their November 19, 2018 meeting and public hearing. The PAC recommends the PBRS version dated 11-20-2018. Commissioner Drexler recommended several amendments to the PBRS during the 12-18-2018 public hearing. This version is dated 12-18-2018. This briefing is to discuss the PBRS final draft prior to the scheduled BOCC public hearing on January 15, 2019 (continued from December 18, 2018). In addition, the BOCC needs to make a final decision on the timing/grandfathering of existing Open Space parcels. BUDGET IMPACTS: The PBRS will change the way property tax reductions are applied under the current Open Space program. However, the overall property tax collected will not change. RECOMMENDED OR REQUESTED ACTION: Discussion. Staff is confident that it could complete reevaluations of all Open Space properties by June 2020 for tax implementation in 2021. Staff spoke directly with DOR about the transition, timing and grandfathering. Since the law (RCW 84.34) doesn't address the timing of reevaluating Open Space properties under a new PBRS program, it gives Counties flexibility of when this task should be completed. However, based on the phone conversation and email correspondence with the DOR and in the interpretation of 458-30-330 WAC, staff recommends that the reevaluation of Open Space properties all be completed within the same time frame. ATTACHMENTS: PAC recommended draft (11-20-2018) Drexler amended draft (12-18-2018) Email from Jeri Lux, DOR (12-18-2018) 458-30-330 (6) WAC Draft Ordinance Briefing Summary 12/27/2018 DRAFT Chapter 17.18–Mason County Public Benefit Rating System Sections: 17.18.010—Purpose and intent. 17.18.020—Definitions. 17.18.030—Operation of the county public benefit rating system. 17.18.035—Eligibility of high, medium and low priority public benefit resources. 17.18.040—Ineligible lands. 17.18.050—Assessed valuation schedule—Public benefit rating system. 17.18.070—Basis of assessment. 17.18.080—Application to the county under the public benefit rating system. 17.18.090—Application fees. 17.18.100—Time to file. 17.18.110—Application review. 17.18.120—Board decision. 17.18.130—Unincorporated lands. 17.18.140—Incorporated lands. 17.18.150—Monitoring for compliance. 17.18.160—Removal of land classification by county assessor. 17.18.170—When removal of land is not subject to additional tax, interest, and penalties. 17.18.180—Transfer of lands between certain current use taxation classifications. 17.18.190—Owner may request withdrawal from classification. 17.18.200—Action on withdrawal from classification. 17.18.210—Owner to notify assessor of change in use in classification. 17.18.220—Sale of open space classified land. 17.18.230—Review of previously approved open space applications. 17.18.240—Duties of the Planning Commission. 17.18.250—Severability. 17.18.010- Purpose and intent. A. Purpose. It is in the best interest of the county to maintain, preserve, conserve, and otherwise continue in existence adequate open space lands for the production of food, fiber, and forest crops, and to assure the use and enjoyment of natural, historic and cultural resources and scenic beauty for the economic and social well-being of the county and its citizens. Additionally, it is in the county's interest to provide incentives that encourage the retention of open space in compliance with Growth Management Act principles. B. Intent. It is the intent of this chapter to implement Revised Code of Washington (RCW), as amended, by establishing procedures, rules, and fees for the consideration of applications made by land owners for public benefit rating system assessed valuation on 'open space land" as defined in RCW 84.34.020(1) and (8). The provisions of Chapter 84.34 RCW, and the regulations adopted thereunder shall govern the matters not expressly covered in this chapter. 17.18.020- Definitions. For the purposes of this chapter, unless otherwise required by the context, words and phrases shall have the following meaning: (1) "Assessor" means the Mason County assessor or his or her designated representative. (2) "Board"means the Board of County Commissioners of Mason County. 11-20-2018 Page 1 (3) "County" means Mason County, state of Washington. (4) "Open space land" means any land area so designated by the Mason County comprehensive land use plan adopted by the County and zoned accordingly, or any land area, the preservation of which in its present use would: (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space, or (v) enhance recreation opportunities, or (vi) preserve historic sites, or (vii) preserve visual quality along highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state tracts of land not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification, or any land meeting the definition of farm and agricultural conservation land in RCW 8.34.020(8). (5) "Planning Commission" means the Mason County Planning Advisory Commission. (6) "Planning Department" means the Mason County Planning Department under the Community Services Division. (7) "Public Benefit" means any activity or activities that accomplish a public purpose and/or provide for a community's social, economic, and cultural well-being, public health, and safety. (8) "Rural Lands" means those areas outside of the designated Resource Lands and Urban Growth Areas. (g) "Shoreline Environments" means those designated lands as defined in the Mason County Shoreline Master Program. (109) "Urban Areas" are those designated in Urban Growth areas around the incorporated area of Shelton and the two unincorporated areas of Allyn and Belfair. 17.18.030-Operation of the county public benefit rating system. To be eligible for open space classification under the county's public benefit rating system, property must contain six (6) or more open space resource points listed below as defined in Mason County Code (MCC) Section 17.18.035 of this Chapter. These resources are defined in this chapter and ranked as high, medium or low priority open space resources. High priority open space resources receive ten (10) points each, medium priority open space resources receive six (6) points each, and low priority open space resources receive two (2) points each. Properties can receive a maximum of thirty (30) points. Portions of property may also qualify for open space designation. A. High priority open space resources. Ten (10) points each: 1. Public recreation area; 2. Trail linkages and recreational corridors; 3. Natural shoreline environments; 4. Aquifer protection areas; 5. Special plant or ecological sites, 11-20-2018 Page 2 6. Regulated wWetlands; 7. Significant fish and wildlife habitat conservation areas; 8. Historic landmarks/archeological sites; 9. Private lands within designated federal lands (Olympic National Park or Olympic National Forest; and 10. Farm and agricultural conservation lands. B. Medium priority open space resources. Six(6) points each: 1. Conservancy shoreline environments; 2. Scenic natural resources, viewpoints, and view corridors; 3. Urban open space; 4. Rural open space: C. Low priority open space resources. Two (2) point each: 1. Restored lands; 2. Other shoreline environments. D. Properties with at least Gne (1) high pFierity open spaGe reGOUFGe, WhiGh alIGW6 uRlimited publiGG GUrrent use value at ten (10) perGent of r:RaFket value. D€. Special exceptions to this priority framework that do not violate state (RCW 84.34) law and that have the support of either the Washington State University Cooperative Extension Service, the Washington State Department of Natural Resources, the USDA, Natural Resource Conservation Service, Mason County Conservation District, or any other agency with knowledge or expertise regarding any open space reclassification or other current use application will be considered on a case by case basis. €E. Completed restoration projects pursuant to provisions of the County's Shoreline Master Program, which specifically address one of the priority actions in MCC 17.50.260 (A)(8)(a.-m.) shall be automatically eligible for current use value at ten (10) percent market value. Property is eligible during the monitoring phase. 17.18.035— Eligibility of high, medium and low priority public benefit resources. A. High priority resources. 1. Public recreation area means property which is currently devoted to providing active or passive non-motorized recreation use or which complements or substitutes for government facilities. The facility must be open to the public and, if charging a use fee, that fee shall be no higher than the fee charged by a like public facility. In addition, the facility must be managed using best management practices for environmental sustainability. An eligible site is then identified by the planning department or its designee as meeting the definition of an active or passive recreation area. 2. Trail linkages and recreational corridors means privately owned trails and corridors that are publicly accessible and used for hiking, biking, walking, horseback riding, and jogging. The trails may vary in scale and surfacing and may also be used as a means of non-motorized transportation connecting one (1) destination point to another. Streets, roads, and highways with widened shoulders or bike lanes are not included in this category. Eligible lands must be 11-20-2018 Page 3 used as a public trail or corridor that remains in private ownership. Public access on the trail from a public road or public trail is required. 3. Natural shoreline environment means a marine, lake, or river shoreline and its"associated wetlands" designated as "natural" under the County's Shoreline Master Program. To qualify there must be no structures or buildings including bulkheads from the ordinary high water mark (OHWM) to the established common-line plus 50-feet. To be eligible, this area shall be covered with native vegetation. 4. Aquifer protection areas means those areas as regulated under MCC 8.52.120 (Critical Aquifer Recharge Areas), which are determined to have an important recharging effect on aquifers used as a source for potable water, recharging salmon streams and/or vulnerable to contamination from recharge..To be eligible, this area shall remain undeveloped, free from the storage of materials, including parking, etc. and must have a plant community in which native plants are dominant. At least one acre of open space shall be designated as a critical aquifer recharge area. 5. Special plant or ecological sites means sites with naturally occurring concentrations of those plants defined as being monitor species and meeting the criteria for native plant communities by the Washington State Department of Natural Resources; or an old growth forest stand at least five (5) acres in size. An eligible site must be listed in the Natural Heritage Data Base or be identified by an expert acceptable to the department confirming that qualified species are present on the property. 6' Regulated Wetlands means wetlands as defined by MCC 8.52.110 and shall be delineated and categorized by a qualified wetland professional. To be eligible, wetland buffers, including buffer averaging, shall have at least 10 percent greater buffer than required by MCC 8.52.110. Buffers shall be covered with native vegetation. 7. Significant fish and wildlife habitat conservation areas means areas identified as being of critical importance to the maintenance of fish and wildlife species including areas with which endangered, threatened, and sensitive species have a primary association; habitats and species of local importance; and streams. To be eligible, this area shall be at least 10,000 square feet in size and protecting a critical area with at least 10 percent greater buffer than required by MCC 8.52 or MCC 17.50. Buffers shall be covered with native vegetation. The Planning Department may require preparation and submittal of a biological site assessment or habitat management plan that shall provide a description of the fish and wildlife habitat conservation area, the location of the protected features, the location of buffers and a description of efforts to protect the fish and wildlife habitat conservation area, or a description of restoration efforts in those instances where the critical area has been damaged. 8. Historic landmarks/archaeological sites means lands which constitute or upon which is situated a formally designated historic landmark , including buildings, structures or sites of significance in the county's historic or prehistoric heritage, such as Native American sacred sites and settlements, trails, pioneer settlements, farmsteads, roads, industrial works, bridges, burial sites, prehistoric and historic archaeological sites and landscapes, or traditional cultural properties and landscapes. Eligible properties must be listed on the county, State or Federal register of historic places or landmarks for which there is regulatory protection. Eligible properties include contributing properties within designated historic districts. Improvements to the land are not eligible for other federal or state tax credits. Additionally, land that has been 11-20-2018 Page 4 verified through an archaeological report prepared by a qualified archaeologist that contains archaeological resources may be eligible. The county will review and make determinations on eligibility. 9. Private lands within federal lands means officially designated areas under private ownership located within federal lands that remain undeveloped and are maintained to protect the landscape of the park or forest. Eligible lands are privately owned parcels dominated by native vegetation. 10. Farm and agricultural conservation lands means either: (a) Land that was previously classified under "farm and agricultural land" (84.34.020 (2) RCW) that no longer meets the criteria for that program and is reclassified as open space land under the criteria of the public benefit rating system; or(b) Land that is traditional farmland that is not classified under chapter 84.33 or 84.34 RCW, that has not been irrevocably devoted to a use inconsistent with agricultural uses, and that has a high potential for returning to commercial agriculture. B. Medium priority resources. 1. Conservancy shoreline environment means a marine, lake or river shoreline and associated wetlands designated as "conservancy environment" under the County's shoreline master program. To qualify there must be no structures or buildings, including bulkheads from the ordinary high water mark (OHWM) to the established common-line plus 50-feet. To be eligible, this area shall be covered with native vegetation. 2. Scenic natural resources, viewpoints, and view corridors means areas of ten (10) or more acres of natural features which are visually significant to the aesthetic character of the county, contains features which otherwise qualifies as a historic landmark or archaeological site, or which includes significant wildlife gathering or nesting sites. No lands that have been subject to commercial logging or mineral extraction within twenty-five (25) years of the date of the open space classification application are eligible under the public benefit rating system. Eligible sites must be significant to the identity of the local area and be visible to a significant number of the public from public rights-of-way. Such lands must be of sufficient size to substantially preserve the scenic resource value and must be at least ten (10) acres in size. a. Viewpoint means property that provides a view of an area which is visually significant to the aesthetic character of the county and which provides unlimited public access identified by a permanent sign readily visible from a road or other public right-of-way Eligible sites must provide a view of a scenic natural resource in the county or other visually significant areas and must provide for unlimited public access. b. View corridor means an area of adjoining parcels which individually may be less than one (1) acre but which, when combined, total at least one (1) acre and create a view corridor critical to maintaining a view of a scenic resource area or other visually significant area. 3. Urban open space means land located within the boundaries of an urban growth area that has a plant community in which native plants are dominant and that under the applicable zoning is eligible for more intensive development or use. To be eligible as urban open space, the enrolling area must be at least one acre or be at least one-half acre if the area is protecting a critical area with at least 10 percent greater buffer than required by MCC 8.52 or MCC 17.50. 11-20-2018 Page 5 4. Rural open space means an area of five (5) or more contiguous acres that has a plant community in which native plants are dominant and that is located outside of the urban growth area as identified in the Mason County Future Land Use Map, except that an eligible site may include former open farmland, woodlots, scrublands or other lands that have been replanted with native vegetation. C. Low priority resources. 1. Restored lands means an area of at least one-half acre (21,780 square feet) of previously disturbed land that has been restored with native vegetation. To be eligible, restoration shall be determined as established and thriving native plant community. Disturbed lands include lands previously cleared and/or lands dominated by invasive plants and/or noxious weeds. Additional points can be given for every one-half acre restored up to a total of five (5) acres (10 points). 2. Other shoreline environments means a marine, lake or river shoreline and associated wetlands designated as "rural, residential or commercial environment" under the County's shoreline master program. To qualify there must be no structures or buildings, including bulkheads from the ordinary high water mark (OHWM) to the established common-line or standard buffer plus 50-feet. To be eligible, this area shall be covered with native vegetation. 17.18.040- Ineligible lands. The following properties shall not be eligible for open space classification: A. Properties less than one (1) acre or eligible areas less than one-quarter acre (10,890 square feet) in size unless otherwise specified herein. B. Properties that do not contain an open space resource identified as either high, medium, or low priority or meet the criteria under 17.18.030 E. C. Open space areas or buffers required by zoning, subdivision conditions, mitigation or other land use regulations, unless the owner provides additional public benefit as described in section 17.18.035. D. Commercial nurseries, arboretums or other maintained garden sites with native or nonnative plantings. E. Properties with outstanding code violations as tracked and reported by the county as an open enforcement case. F. Properties or portions of property that have been disturbed by clearing, grading, filling, or any other non-natural event. 17.18.050 -Assessed valuation schedule—Public benefit rating system. The public benefit rating system for open space land bases the level of assessed fair market value reduction on the total number of awarded points. The market value reduction establishes the current use value. This current use value will be expressed as a percentage of market value based on the public benefit rating of the property and the valuation schedule below: Public Benefit Rating Points Current Use Value (0–5 points) 100% of assessed value (6–9 points) 60% of assessed value (10- 19 points) 40% of assessed value 11-20-2018 Page 6 (20—29 points) -� 30%of assessed value 30+ points 20%of assessed value Properties that allow public access shall receive an additional 10 percent reduction in assessed value. Property owners that choose to allow public access on their private property shall sign an Indemnification and Hold Harmless agreement at time of application on forms Provided by the Countv. 17.18.070- Basis of assessment. In determining the market value reduction of a tax lot comprised of property qualifying for a current use assessment as an open space priority resource with non-open space land areas, the open space current use value is applicable to only that portion of the lot containing one (1) or more of the priority open space resources defined in this chapter, except in the case of public access and parcels with an approved rural stewardship plan. For each priority resource, the county will determine the appropriate land area that receives credit for a priority resource and accompanying tax reduction. 17.18.080-Application to the county under the public benefit rating system. An owner of open space land desiring assessed valuation under the public.benefit rating system shall make application to the Planning Department by filing an application with the county's Permit Assistance Center. The application shall be upon forms supplied by the county and shall include such information deemed reasonably necessary to properly classify an area of land under Chapter 84.34 RCW. 17.18.090-Application fees. A. Each application for current use open space taxation as defined in RCW 84.34.020, must include an application fee as established in the most current Mason County Planning Permit Fee Schedule. Upon adoption, application fees shall be set at five hundred (500) dollars. B. If an application is filed to add farm and agricultural conservation land, forest stewardship land, resource restoration or rural stewardship land to a parcel that is already enrolled in the Public Benefit Rating System, no fee shall be charged for the application. C. In the case of all farm and agricultural land applications, whether the application is based on land within or outside of an incorporated area, the entire fee shall be collected and retained by the county. In the case of open space or timber land applications based on land in an incorporated area, where the city legislative authority has set no filing fee, the county fee shall govern, and the entire fee shall be collected and retained by the county. Where the city legislative authority has established a filing fee, the fee established consistent with Section A of this section shall be collected by the county from the applicant and the county shall pay the city one-half of the fee collected. 17.18.100-Time to file. Applications shall be made to Mason County by March 30 of the calendar year preceding the year in which such classification is to begin. Actual tax reduction will not be recognized until one (1)year after the classification of the property has been made. 17.18.110-Application review. 11-20-2018 Page 7 A. Applications under the public benefit rating system shall be reviewed by the county and approved directly by the Board of Mason County Commissioners. By Chapter 84.34 RCW such applications are exempt from the comprehensive plan annual review amendment cycle and are SEPA exempt. B. In determining whether an application made for open space current use taxation status should be approved or disapproved, pursuant to RCW 84.34.020 and this chapter, the county shall consider whether preservation of the current use of the land, when balanced against the resulting revenue loss or tax shift from granting the application under the provisions of this chapter will: 1. Conserve or enhance natural, cultural or scenic resources; 2. Protect streams, stream corridors, wetlands, natural shorelines, and aquifers; 3. Protect soil resources and unique or critical wildlife and native plant habitat; 4. Promote conservation principles by example or by offering educational opportunities; 5. Enhance the value of abutting or neighboring parks, forests, wildlife preserves, nature reservations, or sanctuaries or other open spaces; 6. Enhance recreation opportunities; 7. Preserve historic and archeological sites; or 8. Affect any other factors relevant in weighing benefits to the general welfare or preserving the current use of the property as delineated in this chapter. 17.18.120- Board decision. The Board of County Commissioners shall consider an application to the public benefit rating system as defined by RCW 84.34.037. They shall approve the application, with or without terms and/or conditions, and set the public benefit rating for assessment abatement, or deny the application. In so doing the following provisions will apply: A. They shall rate the land applying for classification according to the public benefit rating system; B. They may approve the application with respect to only part of the land that is the subject of the application; C. If any part of the application is denied or conditions attached the applicant may withdraw the entire application. 17.18.130- Unincorporated lands. In all unincorporated areas, the Board of County Commissioners shall act as the granting authority for applications for classification as open space land. 17.18.140-Incorporated lands. Applications_ for open space classification of land in an incorporated area shall be acted upon by a determining authority composed of the three (3) members of the Board of County Commissioners and three (3) members of the city legislative body in which the land is located (RCW 84.34.037). Where the county legislative body concurs with a recommendation of the city council to accept or reject an application for open space classification, such council's recommendation will be adopted as the decision of the determining authority. 11-20-2018 Page 8 17.18.150-Monitoring for compliance. A. Monitoring of lands for continuing eligibility for current use assessment as open space lands shall include an affidavit, to be submitted annually by the landowner, of continuing compliance with the terms and conditions under which open space classification was granted and the current uses of the property. The requisite form and contents of the affidavit required for monitoring shall be described more fully in the county guidelines implementing this chapter. The failure of the owner to submit the affidavit of compliance shall be grounds for the county to remove and/or reevaluate the property under the PBRS. B. Where the Planning Department determines that the land is no longer being used for the purpose for which the classification was granted or there has been a change in use, it will report its findings within thirty (30) days to the county assessor. 17.18.160- Removal of land classification by county assessor. A. Classified land may be removed from the public benefit rating system classification if it is no longer used for the purpose for which classification was granted or for any other classified use within the current use program. The assessor may determine, after giving the owner written notice and an opportunity to respond, that the land classified as open space is no longer primarily devoted to and used for the purposes for which it was granted classification. B. When land is removed from classification an additional tax, applicable interest, and penalties are due unless the removal meets one (1) of the exceptions listed in this chapter. The owner may appeal the removal of classification to the Hearing Examiner consistent with MCC 15.11.020. 17.18.170-When removal of land is not subject to additional tax, interest, and penalties. Removal of land is not subject to additional tax, interest, and penalties in the following instances: A. Land is transferred to a government entity in exchange for other land located in the State of Washington; B. Land is taken by power of eminent domain or transferred in anticipation of the exercise of such power; C. Land is sold or transferred within two (2) years of the death of the owner of at least fifty-percent interest in the land; D. A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by virtue of an act of the landowner which changes the use of such property; E. Official action by the state, county or city disallows the present use of such land; F. The land is transferred to a church or other non-profit organization, such that the land would qualify for a property tax exemption; G. Acquisition of property interests by agencies or organizations qualified under RCW 84.34.210 and 64.04.130 for protecting, preserving, maintaining, improving, restoring, limiting the future use of, or otherwise conserving, selected open space land as defined in Chapter 84.34 RCW for public use and enjoyment. 17.18.180-Transfer of lands between certain current use taxation classifications. Land reclassified between the following current use assessment resource categories pursuant to RCW 84.34.070 are not considered withdrawals and are not subject to the additional tax interest and penalties: 11-20-2018 Page 9 A. Reclassification between farm and agricultural lands and timber lands; B. Reclassification of farm and agricultural lands or timber lands to open space lands; C. Reclassification of farm and agricultural lands or timber lands to forest land classified under Chapter 84.33 RCW; and D. Reclassification from open space designated farm and agricultural conservation land under RCW 84.34.020(1)(c) to farm and agricultural land under RCW 84.34.020(2) if the land was previously classified as farm and agricultural land. An application fee must be paid at the time the application is submitted consistent with Section 17.18.090 of this chapter. If the type of transfer is not listed in this section, it is a new application for which the applicable fees will be applied. 17.18.190-Owner may request withdrawal from classification. A. After ten (10) years the landowner may request that all or part of his/her land be withdrawn from the classification. B. If a portion of a parcel is removed from classification the remaining portion must meet the same requirements, as did the entire parcel when the land was originally granted classification. Following withdrawal from classification, future valuation of such land as open space resource property under the public benefit rating system is contingent upon reapplication and approval under this chapter. 17.18.200-Action on withdrawal from classification. Upon receipt of a request for withdrawal, the assessor shall notify the legislative authority that originally approved the application, and after one (1) year from the date of the withdrawal request, the assessor shall withdraw the land from classification. The land which is removed shall be subject to a tax equal to the difference between the amount of tax paid under the open space classification and the tax at true and fair value for seven (7) years last past, plus the statutory interest rate charged on delinquent property taxes. 17.18.210-Owner to notify assessor of change in use in classification. If an owner changes the use of the classified land, the owner must notify the county assessor of the change within sixty (60) days. The assessor shall then impose an additional tax equal to the difference between the tax paid on current use value and the tax that would have been paid on that land had it not been so classified, payable for the seven (7) years last past, plus interest on this additional tax at the same rate as charged on delinquent property taxes, plus a penalty of twenty (20) percent of the total amount. 17.18.220-Sale of open space classified land. When classified open space land is sold, the seller or transferor becomes liable at the time of sale for the additional tax, interest, and penalty of all or a portion of classified lands, unless the new owner signs the notice of continuance which is attached to or shown on the excise tax affidavit. 17.18.230-Review of previously approved open space applications. 11-20-2018 Page 10 A. Upon adoption of a public benefit rating system, the Planning Department shall review and re- rate the existing open space land current use assessment program parcels according to the public benefit rating system in determining whether to recommend that an application be approved or denied. B. Owners of property classified under the existing open space land current use assessment program shall be notified of their new assessed value in the same manner as provided in RCW 84.40.045. These lands may be removed from classification under the existing open space land assessment program, without payment of penalties, back taxes, and interest, upon request of the owner, within thirty (30) days of notification of their newly determined value under the public benefit rating system. C. Property which does not qualify under the public benefit rating system and whose owner chooses not to remove the property from the open space land current use assessment program shall be rated according to the public benefit rating system (RCW 84.34.037[31). 17.18.240—Duties of the Planning Commission. The Planning Commission shall review participation in the public benefit rating system for open space classification under the county's current use assessment program after the first two (2) years of adoption and thereafter once every two (2) years. The planning commission shall make written recommendation to the Board of County Commissioners on the following matters: A. The fundamental elements of the public benefit rating system, including the assessed valuation schedule, open space resource definitions, and other procedures defined in this chapter, ; and B. The overall administrative process, including issues such as staffing, outreach to prospective applicants, application forms, processing, monitoring, etc.; and C. The public benefit of the open space designated properties, the magnitude of the tax shift resulting from the designated properties and recommendations for expanding or restricting the program. 17.18.250-Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or its application to other persons or circumstances is not affected. 11-20-2018 Page 11 DRAFT Chapter 17.18–Mason County Public Benefit Rating System Sections: 17.18.010—Purpose and intent. 17.18.020—Definitions. 17.18.030—Operation of the county public benefit rating system. 17.18.035—Eligibility of high,medium and low priority public benefit resources. 17.18.040—Ineligible lands. 17.18.050—Assessed valuation schedule—Public benefit rating system. 17.18.070—Basis of assessment. 17.18.080—Application to the county under the public benefit rating system. 17.18.090—Application fees. 17.18.100—Time to file. 17.18.110—Application review. 17.18.120—Board decision. 17.18.130—Unincorporated lands. 17.18.140—Incorporated lands. 17.18.150—Monitoring for compliance. 17.18.160—Removal of land classification by county assessor. 17.18.170—When removal of land is not subject to additional tax,interest,and penalties. 17.18.180—Transfer of lands between certain current use taxation classifications. 17.18.190—Owner may request withdrawal from classification. 17.18.200—Action on withdrawal from classification. 17.18.210—Owner to notify assessor of change in use in classification. 17.18.220—Sale of open space classified land. 17.18.230—Review of previously approved open space applications. 17.18.240—Duties of the Planning Commission. 17.18.250—Severability. 17.18.010-Purpose and intent. A. Purpose. It is in the best interest of the county to maintain,preserve,conserve,and otherwise continue in existence adequate open space lands for the production of food,fiber, and forest crops, and to assure the use and enjoyment of natural, historic and cultural resources and scenic beauty for the economic and social well-being of the county and its citizens. Additionally, it is in the county's interest to provide incentives that encourage the retention of open space in compliance with Growth Management Act principles. B. Intent. It is the intent of this chapter to implement Revised Code of Washington (RCW), as amended, by establishing procedures, rules, and fees for the consideration of applications made by land owners for public benefit rating system assessed valuation on"open space land" as defined in RCW 84.34.020(1) and (8). The provisions of Chapter 84.34 RCW, and the regulations adopted thereunder shall govern the matters not expressly covered in this chapter. 17.18.020-Definitions. For the purposes of this chapter,unless otherwise required by the context,words and phrases shall have the following meaning: (1) "Assessor"means the Mason County assessor or his or her designated representative. (2) "Board"means the Board of County Commissioners of Mason County. 11-20-2018 Page 1 (3) "County"means Mason County,state of Washington. (4) "Open space land" means any land area so designated by the Mason County comprehensive land use plan adopted by the County and zoned accordingly,or any land area,the preservation of which in its present use would: (i)conserve and enhance natural or scenic resources,or (ii)protect streams or water supply,or (iii)promote conservation of soils,wetlands,beaches or tidal marshes,or (iv)enhance the value to the public of abutting or neighboring parks,forests,wildlife preserves, nature reservations or sanctuaries or other open space,or (v)enhance recreation opportunities,or (vi)preserve historic sites,or (vii)preserve visual quality along highway,road,and street corridors or scenic vistas,or (viii)retain in its natural state tracts of land not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification,or any land meeting the definition of farm and agricultural conservation land in RCW 8.34.020(8). (5) "Planning Commission"means the Mason County Planning Advisory Commission. (6) "Planning Department" means the Mason County Planning Department under the Community Services Division. (7) "Public Benefit"means any activity or activities that accomplish a public purpose and/or provide for a community's social,economic,and cultural well-being,public health,and safety. (8)"Rural Lands"means those areas outside of the designated Resource Lands and Urban Growth Areas. (9) 'Shoreline Environments' means those designated lands as defined in the Mason County Shoreline Master Program. (109) "Urban Areas"are those designated in Urban Growth areas around the incorporated area of Shelton and the two unincorporated areas of Allyn and Belfair. 17.18.030-Operation of the county public benefit rating system. To be eligible for open space classification under the county's public benefit rating system,property must contain six(6)or more open space resource points listed below as defined in Mason County Code(MCC) Section 17.18.035 of this Chapter. These resources are defined in this chapter and ranked as high, medium or low priority open space resources. High priority open space resources receive ten(10)points each, medium priority open space resources receive six (6) points each, and low priority open space resources receive two(2)points each.Properties can receive a maximum of thirty(30)points. Portions of property may also qualify for open space designation. A. High priority open space resources.Ten(10)points each: 1. Public recreation area; 2. Trail linkages and recreational corridors; 3. Natural shoreline environments; 4. Aquifer protection areas; 5. Special plant or ecological sites, 11-20-2018 Page 2 6. Regulated W&V _ ___________________________-- Commented[MF21:Drexler:Strike. 7. Significant fish and wildlife habitat conservation areas; 8. Historic land markslarcheological sites; 9. P Fivate lands within designated fedeFal lands(Glympie.Natienal PaFk eF OIYFAp'G NatiOnal R_____________________________________________-- Commented[MF2J:Drexler:Strike. 10 _____________ —-- Commented[MF3):Drexler:Move to Medium. B. Medium priority open space resources.Six(6)points each: 1. Conservancy shoreline environments; 2. Scenic natural resources,viewpoints,and view corridors; 3. Urban open space; ____ ________________________________-- Commented[MF4]:Drexler;Strike. 5 arm and agricultural conservation Janda ___________________________-- Commented[MFSJ:Drexler:Move to Medium. C. Low priority open space resources.Two(2)point each: 1. Restored lands; 2. Other shoreline environments. D. PFepedies with all least one(1)high PF090ity Open Spaae FeSeWee,whigh elleY.46 uAliMitAd pUblir. GuFFent W6e value at ten(10)pement of maFkel value. D€. Special exceptions to this priority framework that do not violate state(RCW 84.34)law and that have the support of either the Washington State University Cooperative Extension Service,the Washington State Department of Natural Resources, the USDA, Natural Resource Conservation Service, Mason County Conservation District, or any other agency with knowledge or expertise regarding any open space reclassification or other current use application will be considered on a case by case basis. FE. Completed restoration projects pursuant to provisions of the County's Shoreline Master Program,which specifically address one of the priority actions in MCC 17.50.260(A)(8)(a.-m.) shall be automatically eligible for current use value at ten(10)percent market value.Property is eligible during the monitoring phase. 17.18.035—Eligibility of high,medium and low priority public benefit resources. A. High priority resources. 1. Public recreation area means property which is currently devoted to providing active or passive non-motorized recreation use or which complements or substitutes for government facilities.The facility must be open to the public and, if charging a use fee,that fee shall be no higher than the fee charged by a like public facility. In addition, the facility must be managed using best management practices for environmental sustainability. An eligible site is then identified by the planning department or its designee as meeting the definition of an active or passive recreation area. 2. Trail linkages and recreational corridors means privately owned trails and corridors that are publicly accessible and used for hiking,biking,walking, horseback riding,and jogging.The trails may vary in scale and surfacing and may also be used as a means of non-motorized transportation connecting one (1) destination point to another. Streets, roads, and highways 11-20-2018 Page 3 with widened shoulders or bike lanes are not included in this category. Eligible lands must be used as a public trail or corridor that remains in private ownership. Public access on the trail from a public road or public trail is required. 3.Natural shoreline environment means a marine,lake,or river shoreline and its"associated wetlands"designated as"natural"under the County's Shoreline Master Program. To qualify there must be no structures or buildings,including bulkheads from the ordinary high water mark (OHWM)to the established common-line plus 50-feet.To be eligible,this area shall be covered with native vegetation. 4. Aquifer protection areas means those areas as regulated under MCC 8.52.120 (Critical Aquifer Recharge Areas), which are determined to have an important recharging effect on aquifers used as a source for potable water, recharging salmon streams and/or vulnerable to contamination from recharge.To be eligible,this area shall remain undeveloped,free from the storage of materials,including parking, etc.and must have a plant community in which native plants are dominant.At least one acre of open space shall be designated as a critical aquifer recharge area. 5. Special plant or ecological sites means sites with naturally occurring concentrations of those plants defined as being monitor species and meeting the criteria for native plant communities by the Washington State Department of Natural Resources; or an old growth forest stand at least five(5)acres in size.An eligible site must be listed in the Natural Heritage Data Base or be identified by an expert acceptable to the department confirming that qualified species are present on the property. 6. Regulated mWetlands means wetlands as de�ned by MGG 84;2.11.0 and rhall--be neluding hall have at least in APFAPAt AFeRIPF buffeF than FeqUiFed by MGG ______________________-- Commented[MF6]:Drexler:Strike. 7.Significant fish and wildlife habitat conservation areas means areas identified as being of critical importance to the maintenance of fish and wildlife species including areas with which endangered, threatened, and sensitive species have a primary association; habitats and species of local importance; and streams. To be eligible, this area shall be at least 10,000 square feet in size and protecting a critical area with at least 10 percent greater buffer than required by MCC 8.52 or MCC 17.50. Buffers shall be covered with native vegetation. The Planning Department may require preparation and submittal of a biological site assessment or habitat management plan that shall provide a description of the fish and wildlife habitat conservation area, the location of the protected features, the location of buffers and a description of efforts to protect the fish and wildlife habitat conservation area,or a description of restoration efforts in those instances where the critical area has been damaged. 8. Historic landmarks/archaeological sites means lands which constitute or upon which is situated a formally designated historic landmark , including buildings, structures or sites of significance in the county's historic or prehistoric heritage, such as Native American sacred sites and settlements,trails,pioneer settlements,farmsteads,roads, industrial works, bridges, burial sites,prehistoric and historic archaeological sites and landscapes, or traditional cultural properties and landscapes. Eligible properties must be listed on the county,State or Federal register of historic places or landmarks for which there is regulatory protection. Eligible properties include contributing properties within designated historic districts. Improvements to 11-20-2018 Page 4 the land are not eligible for other federal or state tax credits.Additionally, land that has been verified through an archaeological report prepared by a qualified archaeologist that contains archaeological resources may be eligible. The county will review and make determinations on eligibility. d Oriyate lands within fedeFal lands ...--..- eK.e.nlly designated areas undee a .n1F? Ln"n•"..."I ----------_-- Commented[MF71:Drexler:Strike. —-- Commented[MF8[:Drexler:Move to Medium. B. Medium priority resources. 1. Conservancy shoreline environment means a marine, lake or river shoreline and associated wetlands designated as"conservancy environment" under the County's shoreline master program.To qualify there must be no structures or buildings,including bulkheads from the ordinary high water mark (OHWM) to the established common-line plus 50-feet. To be eligible,this area shall be covered with native vegetation. 2. Scenic natural resources, viewpoints, and view corridors means areas of ten (10) or more acres of natural features which are visually significant to the aesthetic character of the county, contains features which otherwise qualifies as a historic landmark or archaeological site, or which includes significant wildlife gathering or nesting sites. No lands that have been subject to commercial logging or mineral extraction within twenty-five(25)years of the date of the open space classification application are eligible under the public benefit rating system. Eligible sites must be significant to the identity of the local area and be visible to a significant number of the public from public rights-of-way. Such lands must be of sufficient size to substantially preserve the scenic resource value and must be at least ten(10)acres in size. a.Viewpoint means property that provides a view of an area which is visually significant to the aesthetic character of the county and which provides unlimited public access identified by a permanent sign readily visible from a road or other public right-of-way Eligible sites must provide a view of a scenic natural resource in the county or other visually significant areas and must provide for unlimited public access. b.View corridor means an area of adjoining parcels which individually may be less than one (1) acre but which, when combined, total at least one (1) acre and create a view corridor critical to maintaining a view of a scenic resource area or other visually significant area. 3. Urban open space means land located within the boundaries of an urban growth area that has a plant community in which native plants are dominant and that under the applicable zoning is eligible for more intensive development or use. To be eligible as urban open space, the enrolling area must be at least one acre or be at least one-half acre if the area is protecting a critical area with at least 10 percent greater buffer than required by MCC 8.52 or MCC 17.50. 11-20-2018 Page 5 4. Rural open spaGe Fneans an aFea of Ave (5) OF FnGFe Gentiguous aGFeS that has a plant ity in whir area as identified in the-h.4;;--;nn G-01-Inty FUtUFe Land Use Map,exGept that an elig ble site may include-fiermer e11 _�fiiarmland,weedlets,scrubl'ands-^,ot;errands-t ted w" naive t'eg�`�`'�"+r ___ —-- Commented[M F91:Drexler:Strike 495. Farm and agricultural conservation lands means either: (a) Land that was previously classified Linder"farm and agricultural land" (84.34.020 (2) RCM that no longer meets the criteria for that program and is reclassified as open space land under the criteria of the public benefit Eating svSjem-or 1 Land that is traditional farmland that is not classified under chapter 84.33 or 84.34 RCW_ tbal bas nol been irrevocably devoted to a agdcu tul al uses,and that has a high potential for r _-- Commented[MF10]:Drexler:Move to Medium. C. Low priority resources. 1. Restored lands means an area of at leastone half asre (21,780 square 10 cre of___ Commented[MF31]:Drexer:Require a minimum to previously disturbed land that has been restored with native vegetation. To be eligible, acres restored. restoration shall be determined as established and thriving native plant community. Disturbed lands include lands previously cleared and/or lands dominated by invasive plants and/or noxious weeds.Additional points can be given for every one-half acre restored up to a total of five(5)acres(10 points). 2. Other shoreline environments means a marine, lake or river shoreline and associated wetlands designated as "rural, residential or commercial environment" under the County's shoreline master program. To qualify there must be no structures or buildings, including bulkheads from the ordinary high water mark (OHWM) to the established common-line or standard buffer plus 50-feet.To be eligible,this area shall be covered with native vegetation. 17.18.040-Ineligible lands. The following properties shall not be eligible for open space classification: A. Properties less than one(1)acre or eligible areas less than one-quarter acre(10,890 square feet)in size unless otherwise specified herein. B. Properties that do not contain an open space resource identified as either high, medium,or low priority or meet the criteria under 17.18.030 E. C. Open space areas or buffers required by zoning,subdivision conditions,mitigation or other land use regulations, unless the owner provides additional public benefit as described in section 17.18.035. D. Commercial nurseries, arboretums or other maintained garden sites with native or nonnative plantings. E. Properties with outstanding code violations as tracked and reported by the county as an open enforcement case. F. Properties or portions of property that have been disturbed by clearing, grading, filling,or any other non-natural event. 17.18.050-Assessed valuation schedule—Public benefit rating system. 11-20-2018 Page 6 The public benefit rating system for open space land bases the level of assessed fair market value reduction on the total number of awarded points.The market value reduction establishes the current use value. This current use value will be expressed as a percentage of market value based on the public benefit rating of the property and the valuation schedule below: Public Benefit Rating Points Current Use Value (0—5 points) 100%of assessed value (6—9 points) 60%of assessed value (10-19 points) 40%of assessed value (20—29 points) 30%of assessed value 30+points 20%of assessed value Properties that allow public access shall receive an additional 10 percent reduction in assessed value. Property owners that choose to allow public access on their private orooerty shall sign an Indemnification and Hold Harmless agreement at time of application on forms provided by the County. 17.18.070-Basis of assessment. In determining the market value reduction of a tax lot comprised of property qualifying for a current use assessment as an open space priority resource with non-open space land areas,the open space current use value is applicable to only that portion of the lot containing one(1)or more of the priority open space resources defined in this chapter,except in the case of public access and parcels with an approved rural stewardship plan. For each priority resource, the county will determine the appropriate land area that receives credit for a priority resource and accompanying tax reduction. 17.18.080-Application to the county under the public benefit rating system. An owner of open space land desiring assessed valuation under the public benefit rating system shall make application to the Planning Department by filing an application with the county's Permit Assistance Center. The application shall be upon forms supplied by the county and shall include such information deemed reasonably necessaryto properly classify an area of land under Chapter 84.34 RCW. 17.18.090-Application fees. A. Each application for current use open space taxation as defined in RCW 84.34.020, must include an application fee as established in the most current Mason County Planning Permit Fee Schedule. Upon adoption,application fees shall be set at five hundred(500)dollars. B. If an application is filed to add farm and agricultural conservation land,forest stewardship land, resource restoration or rural stewardship land to a parcel that is already enrolled in the Public Benefit Rating System,no fee shall be charged for the application. C. In the case of all farm and agricultural land applications, whether the application is based on land within or outside of an incorporated area,the entire fee shall be collected and retained by the county. In the case of open space or timber land applications based on land in an incorporated area,where the city legislative authority has set no filing fee,the county fee shall govern, and the entire fee shall be collected and retained by the county. Where the city legislative authority has established a filing fee,the fee established consistent with Section A of this section shall be collected by the county from the applicant and the county shall pay the city one-half of the fee collected. 11-20-2018 Page 7 17.18.100-Time to file. Applications shall be made to Mason County by March 30 of the calendar year preceding the year in which such classification is to begin.Actual tax reduction will not be recognized until one(1)year after the classification of the property has been made. 17.18.110-Application review. A. Applications under the public benefit rating system shall be reviewed by the county and approved directly by the Board of Mason County Commissioners. By Chapter 84.34 RCW such applications are exempt from the comprehensive plan annual review amendment cycle and are SEPA exempt. B. In determining whether an application made for open space current use taxation status should be approved or disapproved, pursuant to RCW 84.34.020 and this chapter, the county shall consider whether preservation of the current use of the land, when balanced against the resulting revenue loss or tax shift from granting the application under the provisions of this chapter will: 1. Conserve or enhance natural,cultural or scenic resources; 2. Protect streams,stream corridors,wetlands,natural shorelines,and aquifers; 3. Protect soil resources and unique or critical wildlife and native plant habitat; 4. Promote conservation principles by example or by offering educational opportunities; 5. Enhance the value of abutting or neighboring parks, forests, wildlife preserves, nature reservations,or sanctuaries or other open spaces; 6. Enhance recreation opportunities; 7. Preserve historic and archeological sites;or 8. Affect any other factors relevant in weighing benefits to the general welfare or preserving the current use of the property as delineated in this chapter. 17.18.120-Board decision. The Board of County Commissioners shall consider an application to the public benefit rating system as defined by RCW 84.34.037.They shall approve the application,with or without terms and/or conditions, and set the public benefit rating for assessment abatement, or deny the application. In so doing the following provisions will apply: A. They shall rate the land applying for classification according to the public benefit rating system; B. They may approve the application with respect to only part of the land that is the subject of the application; C. If any part of the application is denied or conditions attached the applicant may withdraw the entire application. 17.18.130-Unincorporated lands. In all unincorporated areas, the Board of County Commissioners shall act as the granting authority for applications for classification as open space land. 17.18.140-Incorporated lands. 11-20-2018 Page 8 Applications for open space classification of land in an incorporated area shall be acted upon by a determining authority composed of a quorum of the three (3) members of the Board of County Commissioners and a quorum of the three(3)seven7 members of the city legislative body in which the land is located (RCW 84.34.037).Where the county legislative body concurs with a recommendation of the city council to accept or reject an application for open space classification, such council's recommendation will be adopted as the decision of the determining authority. 17.18.150-Monitoring for compliance. A. Monitoring of lands for continuing eligibility for current use assessment as open space lands shall include an affidavit,to be submitted annually by the landowner, of continuing compliance with the terms and conditions under which open space classification was granted and the current uses of the property.The requisite form and contents of the affidavit required for monitoring shall be described more fully in the county guidelines implementing this chapter. The failure of the owner to submit the affidavit of compliance shall be grounds for the county to remove and/or reevaluate the property under the PBRS. B. Where the Planning Department determines that the land is no longer being used for the purpose for which the classification was granted or there has been a change in use,it will report its findings within thirty(30)days to the county assessor. 17.18.160-Removal of land classification by county assessor. A. Classified land may be removed from the public benefit rating system classification if it is no longer used for the purpose for which classification was granted or for any other classified use within the current use program. The assessor may determine, after giving the owner written notice and a thirty(30)day r}opportunity to respond,that the land classified as open space is no longer primarily devoted to and used for the purposes for which it was granted classification. B. When land is removed from classification an additional tax, applicable interest, and penalties are due unless the removal meets one(1)of the exceptions listed in this chapter. The owner may appeal the removal of classification to the Hearing Examiner consistent with MCC 15.11.020. 17.18.170-When removal of land is not subject to additional tax,interest,and penalties. Removal of land is not subject to additional tax,interest,and penalties in the following instances: A. Land is transferred to a government entity in exchange for other land located in the State of Washington; B. Land is taken by power of eminent domain or transferred in anticipation of the exercise of such power; C. Land is sold or transferred within two(2)years of the death of the owner of at least fifty-percent interest in the land; D. A natural disaster such as a flood,windstorm,earthquake,or other such calamity rather than by virtue of an act of the landowner which changes the use of such property; E. Official action by the state,county or city disallows the present use of such land; F. The land is transferred to a church or other non-profit organization, such that the land would qualify for a property tax exemption; 11-20-2018 Page 9 G. Acquisition of property interests by agencies or organizations qualified under RCW 84.34.210 and 64.04.130 for protecting, preserving, maintaining, improving, restoring, limiting the future use of,or otherwise conserving,selected open space land as defined in Chapter 84.34 RCW for public use and enjoyment. 17.18.180-Transfer of lands between certain current use taxation classifications. Land reclassified between the following current use assessment resource categories pursuant to RCW 84.34.070 are not considered withdrawals and are not subject to the additional tax interest and penalties: A. Reclassification between farm and agricultural lands and timber lands; B. Reclassification of farm and agricultural lands or timber lands to open space lands; C. Reclassification of farm and agricultural lands or timber lands to forest land classified under Chapter 84.33 RCW;and D. Reclassification from open space designated farm and agricultural conservation land under RCW 84.34.020(1)(c) to farm and agricultural land under RCW 84.34.020(2) if the land was previously classified as farm and agricultural land. An application fee must be paid at the time the application is submitted consistent with Section 17.18.090 of this chapter. If the type of transfer is not listed in this section, it is a new application for which the applicable fees will be applied. 17.18.190-Owner may request withdrawal from classification. A. After ten(10)years the landowner may request that all or part of his/her land be withdrawn from the classification. B. If a portion of a parcel is removed from classification the remaining portion must meet the same requirements, as did the entire parcel when the land was originally granted classification. Following withdrawal from classification,future valuation of such land as open space resource property under the public benefit rating system is contingent upon reapplication and approval under this chapter. 17.18.200-Action on withdrawal from classification. Upon receipt of a request for withdrawal,the assessor shall notify the legislative authority that originally approved the application, and after one(1)year from the date of the withdrawal request, the assessor shall withdraw the land from classification. The land which is removed shall be subject to a tax equal to the difference between the amount of tax paid under the open space classification and the tax at true and fair value for seven (7) years last past, plus the statutory interest rate charged on delinquent property taxes. 17.18.210-Owner to notify assessor of change in use in classification. If an owner changes the use of the classified land, the owner must notify the county assessor of the change within sixty(60)days. The assessor shall then impose an additional tax equal to the difference between the tax paid on current use value and the tax that would have been paid on that land had it not been so classified, payable for the seven (7) years last past, plus interest on this additional tax at the same rate as charged on delinquent property taxes, plus a penalty of twenty (20) percent of the total amount. 11-20-2018 Page 10 17.18.220-Sale of open space classified land. When classified open space land is sold,the seller or transferor becomes liable at the time of sale for the additional tax, interest,and penalty of all or a portion of classified lands, unless the new owner signs the notice of continuance which is attached to or shown on the excise tax affidavit. 17.18.230-Review of previously approved open space applications. A. Upon adoption of a public benefit rating system,the Planning Department shall review and re- rate the existing open space land current use assessment program parcels according to the public benefit rating system in determining whether to recommend that an application be approved or denied. B. Owners of property classified under the existing open space land current use assessment program shall be notified of their new assessed value in the same manner as provided in RCW 84.40.045.These lands may be removed from classification under the existing open space land assessment program,without payment of penalties, back taxes,and interest, upon request of the owner,within thirty(30)days of notification of their newly determined value under the public benefit rating system. C. Property which does not qualify under the public benefit rating system and whose owner chooses not to remove the property from the open space land current use assessment program shall be rated according to the public benefit rating system(RCW 84.34.037[3]). 17.18.240—Duties of the Planning Commission. The Planning Commission shall review participation in the public benefit rating system for open space classification under the county's current use assessment program after the first two(2)years of adoption and thereafter once every two(2)years.The planning commission shall make written recommendation to the Board of County Commissioners on the following matters: A. The fundamental elements of the public benefit rating system,including the assessed valuation schedule,open space resource definitions,and other procedures defined in this chapter;and B. The overall administrative process, including issues such as staffing, outreach to prospective applicants,application forms,processing,monitoring,etc.;and C. The public benefit of the open space designated properties, the magnitude of the tax shift resulting from the designated properties and recommendations for expanding or restricting the program. 17.18.250-Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or its application to other persons or circumstances is not affected. 11-20-2018 Page 11 Page 1 of 3 Kell Rowen -RE: Questions for DOR From: "Lux, Jeri (DOR)" <JeriL@DOR.WA.GOV> To: Kell Rowen<krowen@co.mason.wa.us> Date: 12/18/2018 11:58 AM Subject: RE: Questions for DOR Kell, When the PBRS has been created and the landowner has been notified by a change of valuation notice that the assessor sends,the owner will need request the withdrawal from open space within 30 days. If a PBRS is revised the owner that was in open space before the PBRS,and has remained in PBRS will not have the option to withdraw the property without the additional tax being imposed. Please let me know if you have any questions. Thanks Jeri Lux Current Use and Education Specialist I Property Tax Division Washington State Department of Revenue 6400 Linderson Way SW I PO Box 474711 Olympia, WA 98504-7454 360/534-1360 1 F 360/534-1380 1 dor.wa.gov I JeriL@dor.wa.gov Working together to fund Washington's future From: Kell Rowen<krowen@co.mason.wa.us> Sent: Monday, December 17, 2018 12:31 PM To: Lux,Jeri (DOR) <JeriL@DOR.WA.GOV> Subject: RE: Questions for DOR Hi Jeri, One of our Commissioners wants to know: If the County adopts the new PBRS, it goes into effect for new applications and Open Space properties that have been in the program for five years or less get reevaluated under PBRS for tax year 2021 (and can opt out without penalty), then, at some OTHER time (another 2 or 3 or 4 years say), the properties that have been in Open Space for more than 5 years get reevaluated under the PBRS, do they still get to opt out without penalty if they no longer want in or don't qualify? Sincerely, Kell Rowen I Planning Manager Mason County Community Services krowen@co.mason.wa.us file:///C:/Users/krowen/AnnData/Local/Temn/XPGrDWise/5C 18EOEOMasonmail100135... 12/27/2018 Chapter 458-30 WAC: OPEN SPACE TAXATION ACT RULES Page 54 of 78 land to open space/farm and agricultural conservation land is submitted on February 15, 2014, and approved on July 15, 2014, the land will be valued and assessed as open space/farm and agricultural conservation land on January 1, 2015, and the owner is required to pay taxes on this new assessed value in 2016. [Statutory Authority: RCW 84.08.010, 84.08.070, 84.08.080, 84.34.141, 84.34.360. WSR 15- 03-017, §458-30-325, filed 1/8/15, effective 2/8/15. Statutory Authority: RCW 84.34.141, 84.34.020, and 84.34.030. WSR 02-20-041, § 458-30-325, filed 9/24/02, effective 10/25/02. Statutory Authority: RCW 84.34.141. WSR 01-24-030, § 458-30-325, filed 11/27/01, effective 12/28/01. Statutory Authority: RCW 84.08.110, 84.08.070, 84.34.141 and 84.34.360. WSR 95- 21-002, § 458-30-325, filed 10/4/95, effective 11/4/95. Statutory Authority: RCW 84.08.010 and 84.08.070. WSR 90-24-087, § 458-30-325, filed 12/5/90, effective 1/5/91. Statutory Authority: RCW 84.08.010(2), 84.34.141 and chapter 84.34 RCW. WSR 88-23-062 (Order PT 88-12), § 458-30-325, filed 11/15/88.] 458-30-330 Open space plan and public benefit rating system—Authorization and procedure to establish—Adoption—Notice to owner—Valuation. (1) Introduction. RCW 84.34.055 enables a county legislative authority to establish an open space plan, public benefit rating system, and valuation schedule for land classified as open space. This section explains the factors that must be considered when such a plan and rating system are established, includes a nonexclusive list of recognized sources used in determining open space priorities, and outlines the actions required after and effects of the approval of an open space plan and public benefit rating system. (2) General authorization. The county legislative authority may direct the county planning commission to set open space priorities and to adopt, following a public hearing, an open space plan and a public benefit rating system (rating system) for the county. As used in this section, "planning commission" means the county office, commission, or department that is responsible for making planning decisions at the county level. The open space plan must include, but is not limited to, the following: (a) Criteria to determine the eligibility of land; (b)A process to establish a rating system; and (c)An assessed valuation schedule developed by the assessor. This schedule is a percentage reduction of true and fair value based on the rating system. (3) A public hearing is required.At least one public hearing must be held before an open space plan, a public benefit rating system, or an assessed valuation schedule may be approved by the county legislative authority. (4) What criteria are used to determine eligibility? Within the rating system the county legislative authority must include the criteria and elements contained in RCW 84.34.020 (1)(a). This authority, which approves or denies applications for the classification and reclassification of land as open space, must consider the criteria when it makes its determination. (a) The rating system must provide a method to rank or rate classified open space land. (b) The legislative authority must give priority consideration to lands used for buffers planted with or primarily containing native vegetation no later than July 1, 2006, unless buffers �,,+�•//.,,,rte ioR,,,� �,,..l�xl�r7/.�Af�„lt oc,iv7rita—dSQ_'I(�R�f„ll—rr„P �/1�/��1 R Chapter 458-30 WAC: OPEN SPACE TAXATION ACT RULES Page 55 of 78 of this nature already receive priority consideration in an existing open space plan, rating system, and assessed valuation schedule. (c) "Priority consideration" as used in this section, may include, but is not limited to, establishing classification eligibility, maintenance criteria, or a rating system for buffers with native vegetation. (5) How is an open space plan and rating system developed? The county planning commission must take all reasonable steps to determine open space priorities or use recognized sources for this purpose, or both. (a) Recognized sources of open space priorities include, but are not limited to: (i) The natural heritage database; (ii) The state office of historic preservation; (iii) The recreation and conservation office inventory of dry accretion beach and shoreline features; (iv) The state, national, county, and/or state registers of historic places; (v) The shoreline master program; or (vi) Studies conducted by the parks and recreation commission and by the departments of fisheries, natural resources, and wildlife. (b) Particular features and sites may be verified by an outside expert in the field and approved by the appropriate state or local agency. This verification is to be sent to the county legislative authority for final approval for inclusion in the open space plan. (6) How is an owner of classified open space land notified about the adoption of an open space plan, rating system, and valuation schedule? Can an owner choose not to participate and request removal from the current use program? Once the county legislative authority adopts an open space plan, rating system, and assessed valuation schedule, the planning commission or other designated agent of the legislative authority must assign a recommended number of priority rating points to all land classified as open space using the adopted rating system. The planning commission or agent will forward this recommendation to the county legislative authority for approval. After the number of priority rating points are assigned and approved, this information will be sent to the assessor. The assessor will determine the new assessed value of the classified open space land based on the number of priority rating points assigned and the adopted assessed valuation schedule. Thereafter, the assessor must notify all owners of such land of the new assessed value of their land in the manner provided in RCW 84.40.045. (a) Within thirty days of receipt of this notice of the new assessed value, the owner may request that the parcel(s) of land be removed from the open space classification without payment of additional tax, interest, or penalty. (b) If previously classified open space land does not qualify for classification under the newly adopted open space plan and rating system, the assessor is not to remove the land from the open space classification. This land will retain its status as classified open space land. The assessor will determine the value of this land using the new priority rating system and valuation schedule. (7) How does a rating system affect assessed value of classified open space land? The assessed value of properties classified as open space is determined by a formula using a priority rating system typically consisting of"points."A county generally establishes a list of priority resources based on the definition of open space in RCW 84.34.020(1); these are also known as 'open space priorities." Each priority resource is assigned a specific point or httn://aDDS.leiz.wa.izov/WAC/default.asDx?cite=458-30&full=true 3/13/2018 ORDINANCE NUMBER AMENDMENT TO MASON COUNTY CODE TITLE 17 ORDINANCE adopting a new section to the Mason County Code Title 17 Chapter 17.18, relating to a Public Benefit Rating System. WHEREAS, under the authority of the Washington State Open Space Taxation Act (RCW 84.34) Mason County is taking legislative action to adopt a Public Benefit Rating System; and WHEREAS, on September 17, 2018 after several public meetings and hearings held previously, the Mason County Planning Advisory Commission held a public hearing to consider the amendment and passed a motion to recommend approval of said amendment; and WHEREAS, on October 16, 2018 the Mason County Board of County Commissioners were briefed on the Public Benefit Rating System as recommended by the Planning Advisory Commission; and WHEREAS, the Board of County Commissioners made changes and raised questions and sent the Public Benefit Rating System back to the Planning Advisory Commission for review and approval; and WHEREAS, on November 19, 2018 the Planning Advisory Commission held a public hearing to consider the changes made by the Board of County Commissioners and recommended to approve some changes while retaining others; and WHEREAS, the Board of County Commissioners considered the proposed amendment at a duly advertised public hearing on December 18, 2018; and WHEREAS, the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments, testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners considered various forms of grandfathering properties currently enrolled in the Open Space program; and WHEREAS, the Board of County Commissioners agreed to continue the public hearing to January 15, 2019 in order to confirm with the Department of Revenue the details of grandfathering currently enrolled properties; and WHEREAS, the Board of County Commissioners were able to make a decision regarding the grandfathering of properties currently enrolled in the Open Space program; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to Title 17, Chapter 17.18 complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, the Mason County Code and the Washington State Open Space Taxation Act, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendments to the Mason County Code Title 17, Chapter 17.18 relating to the Public Benefit Rating System as described in Attachment A. DATED this day of 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Kevin Shutty, Commissioner z MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen, Planning Manager DEPARTMENT: Community Services EXT: 286 BRIEFING DATE: January 7, 2019 PREVIOUS BRIEFING DATES: None ITEM: Place on January 15, 2019 Action Agenda to Set a Public Hearing for February 5, 2019 to consider request for rezone: • Rezoning from Rural Residential 5 (RR5) to Rural Natural Resource (RNR) EXECUTIVE SUMMARY: The Department of Community Services received a rezone request related to the minor expansion of the Kennedy Creek Quarry. The Planning Advisory Commission held a public hearing to consider this request on December 17, 2018. They recommended approval to the BOCC. This briefing is for the Notice of Hearing to be published in the Journal. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Approval to Set a Public Hearing for February 5, 2019 to consider request for rezone. ATTACHMENTS: Staff Report and exhibits including Notice of Hearing Briefmg Summary 12/27/2018 Page 1 December 28,2018 REQUEST FOR REZONE APPLICANT PROPOSAL - PROPOSED REZONE OF 5.71 ACRES FROM RURAL RESIDENTIAL 5 (RR5) TO RURAL NATURAL RESOURCE (RNR) IN THE RURAL AREA OF MASON COUNTY STAFF CONTACT Kell McAboy, Planning Manager Ext#286 APPLICANT PROPERTY OWNER Thurman Family Partnership, L.P./Kennedy Creek Quarry, Inc. Same 8oi SE Brewer Rd. Shelton,WA 98584 SUMMARY OF PROPOSAL Rezone parcel 33.929-32-00020 from Rural Residential 5 (RR5) to Rural Natural Resource (RNR). This parcel is in the Rural Area of Mason County, adjacent to land already zoned as RNR. This does not require an amendment to the Future Land Use Map. PARCEL INFORMATION Parcel No. 33.929-32-00020: is 5.73. acres in size and is located adjacent to Highway 3.o3., south of Taylor Towne. ZONING INFORMATION CURRENT ZONING DESIGNATION: RR5 Rural Residential 5 The purpose of the RRS district is to provide for residential development on parcels of 5 acres or more. PROPOSED ZONING DESIGNATION: RNR Rural Natural Resource The purpose of the RNR district provides for isolated areas of resource based industry outside of the designated resource lands. BACKGROUND The applicant (property owner) submitted a rezone application and fees to the Permit Assistance Center on September 6, 2o18.The Kennedy Creek Quarry requires the use of the 5.73.acres for their office and scalehouse,which can no longer be accommodated within the existing boundaries of the operating mine. The Department of Natural Resources (DNR) requires that Kennedy Creek Quarry amend their mine boundaries to include the 5.73. acre parcel. Mason County requires a rezone to RNR for use conformance. Staff Report-BOCC Page 2 December 28,2018 ANALYSIS Mason County Code Section 17.o5.o8o(a) describes the eight rezone criteria used to review a rezone proposal. These criterions have been established and adopted specifically for Mason County to establish standards by which each rezone is to be reviewed. The Code requires that each rezone be evaluated considering these standards; however, it does not require that they all be met. Below is Staff and Applicant response to the proposed request: s. Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. This criterion is met as the applicant's proposed rezone of the property will not damage public health,safety or welfare. The proposed rezone will add another S.71 acres to the already operating Kennedy Creek Quarry. Approximately 3o acres of the 136 acre mine site is zoned as RNR. This rezone is an expansion of the existing RNR zone. i. The zone designation shall be consistent with the Mason County Comprehensive Plan, Development Regulations, and other county ordinances, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. This criterion is met as the requested rezone is consistent with the Comp Plan, Development Regulations, other ordinances and the GMA. The designation is consistent with the on-going use of mineral extraction and is an expansion of the existing RNR zone. 3. No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity. This criterion is met as the rezone increases compatibility with resource-based uses. 4. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas, including but not limited to streets, parking, utilities,fire protection, police, and schools. Not applicable. 5. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. This criterion is met as the rezone will not interfere with the goal to encourage development in urban areas. Staff Report-BOCC Page 3 December 28,2018 6. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. This criterion is met as the rezone is not in the location of critical areas, and the existing mine is subject to stormwater controls(water quality)and air quality standards. 7. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County Comprehensive Plan. Not applicable. 8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. This criterion is not applicable and not being requested as the result of any mapping errors. STATE ENVIRONMENT PROTECTION ACT (SEPA) A SEPA checklist was prepared for this project. A formal SEPA Determinations of Non-Significance was made on December 3, 2o18. Comment period for this determination closes on December 17, 2o18. PUBLIC NOTIFICATION All property owners within 300 feet of the subject parcel was notified by mail informing them of the proposal to rezone the property. In addition, Public Notice of this public hearing was published in the Mason Shelton Journal on December 6 and 13, 2o18. The Public Notice was posted onsite on December 3, 2o18. The Public Notice for BOCC public hearing was published on January 24 & 31, 2019. PLANNING ADVISORY COMMISSION On December 17, 2o18, the Planning Advisory Commission held a public hearing on this proposal. After calling for testimony and deliberation, they made a unanimous decision to recommend approval to the BOCC. PUBLIC COMMENTS The Department of Ecology sent comments related to water quality in response to the SEPA documentation. SUMMARY AND RECOMMENDATION Staff and the PAC recommend that the Board of County Commissioners approve this rezone. Staff Report-BOCC Page 4 December 28,2018 ATTACHMENTS • Application with Description • SEPA DNS and Checklist • Aerial map of property and vicinity • 6o-Day Notice to Commerce • Property owners within 3oo'who received notice by mail • SEPA Comments by the Department of Ecology • Notice of Hearing Staff Report-BOCC 7jD11ZCA&WM8 FEE: $2,220.00 i900_00-416_ MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health 615 W.Alder St.—Bldg.8,Shelton,Wa 98584 Phone:(360)427-9670 ext.352♦ Fax:(360)427-7798 APPLICATION FOR AMENDMENT TO R DEVELOPMENT REGULATIO Zy� One application per parcel or contiguous group of parcels. This application does not guarantee approval. You should discuss your proposal with the County Long Range Planner prior to application. Burden is on applicant to show compliance with the Comprehensive Plan or Growth Management Act policies and other planning ordinances. p�, it� )Y I Applicant: "ER tkk K O) ROU U i % P J_ Q " R604VOYOW �3�i�f:X rLG Mailing Address: -96( 9L 13 K E W Uh R D, City: S STD A) State: Wk Zip: gT5'8'¢- 77,5 Z Telephone No.: _ 4::2-1h- - 4Z4-3 Parcel Number(s): I q Z- l 3 66 0 2_0 Parcel Size and Legal Description: 6.71 PrCk f_5 U)11-2- K) 1.4 51gC( i d ai 2-9 Towvgt4lP 11T"nf, 3W, UJ, f . What kind of change in Comprehensive Plan Policy or Development Regulation information is requested?(Attach additional pages,if needed.) S !C F. Pl. Tr h-c N ch S N Er,TF��U 0 A-1I A 01 Rationale for the Request: (include information on the property features,land use,and maps that will be used in considering your application) (see the attached information sheet) Signature and date :\ m�y evelopment\PLANN G\PAC 2016-Permit Assistance Center\Variance MASON COUNTY COMMUNITY SERVICES APPLICATION FOR AMENDMENT TO DEVELOPMENT REGULATION/REZONE (A) What kind of changes in Comprehensive Plan policy or Development Regulation information is requested: Kennedy Creek Quarry expanded their permit boundary to the south which includes Parcel #31929-32-00020. This parcel is known as the "Office/Scalehouse Parcel". It is located to the south and adjacent to the current mining permit boundary (See Mapset Figure 5). The Office/Scalehouse Parcel is 5.71 acres in size. The Parcel is zoned Rural Residential 5 (11115), (See Mapset Figure 2, Zoning). The Land Use is 91 — Undeveloped — Land (See Mason County Parcel Information). Thurman Family Partnership, L.P. (Kennedy Creek Quarry, Inc.) is requesting a rezone of the Office/Scalehouse Parcel to Rural Natural Resources (RNR). This would allow for the continuance of the parcel being used as a safe area for incoming and outgoing truck/trailer and the scaling of trucks loaded with crushed basalt rock. (B) Rationale for the Request: The Office/Scalehouse Parcel is currently being used for the purpose of weighing truck/trailers that have been filled with crushed basalt rock. The Office/Scalehouse was previously located in the southern portion of the permitted Kennedy Creek Quarry. In 2015 Kennedy Creek Quarry moved the scalehouse from the southern portion of the mine area to the Office/Scalehouse Parcel. The move was necessitated by the southern portion of the mine becoming congested with processing equipment, crushed rock storage piles, and the installation of the new Stormwarter Treatment Ponds (See Attached Aerial View of Quarry and the Office/Scalehouse Parcel). This parcel was flat and provided an open and safe area for incoming, outgoing truck/trailers. Kennedy Creek Quarry has as many as 100 truck/trailers each day and as many as 12,000 per year. In moving the office/scalehouse, Kennedy Creek Management did not consider this relocation as part of their DNR Mining Permit, since there would be no mining on this parcel. Management thought that the Land Use of this parcel 91 — Undeveloped — Land would not require any Mason County Permits since some of the permitted mining parcels were Undeveloped Land. The DNR responded back to Kennedy Creek in 2017 that the scalehouse being located outside of the permit boundary would not be permitted. This expansion was considered a violation of their current permit boundary and would require a new Expansion Permit or a Revised Permit,where-by interior land could be swapped for the Office/Scalehouse Parcel and the current permit acreage would remain the same. McLucas undertook to prepare a Revised Reclamation Permit for Kennedy Creek Quarry. Recently we have found that the Scalehouse Parcel zoning is Rural Residential 5 (RR5) and would require a rezone to utilize this parcel for the scalehouse and incoming and outgoing traffic. 1 In summary,the use of the Office/Scalehouse Parcel for the current operation is very important since there is no safe area within the quarry boundary for this activity. The Office/Scalehouse Parcel has 5.71 acres of safe navigable area for this portion of service to the mine operation. In February 2015, Kennedy Creek Quarry commissioned Envirotech Engineering to prepare a Construction Stormwater Pollution Prevention Plan and a Grading and Drainage Report of the Office/Scalehouse Parcel. These two reports were delivered to Mason County where they were stamped and received on February 4, 2015. From the data received from Envirotech, Kennedy Creek Management prepared the site foundation for the scalehouse operation and installed the scale. It has been used for this purpose for the past four years. 2 3 lot ZI - 5 2— cm zj (000L0 G►�1�Zv IS — D00� The Kennedy Creek Quarry was not included by the Thurman in Mason County's Mineral Resource Lands Overlay as a deposit of Long-Term Commercial Significance. DNR OPERATING PERMIT HISTORY Original 1986 DNR Permit for the Kennedy Creek Quarry James Thurman applied to the DNR for an Operating Permit(Form SM-2) for a 30-acre bedrock parcel on 4/20/85, indicating that only 3 acres of the site would be mined to a maximum depth of 75 feet, and that the post-mining land use would be industrial. Thurman also submitted an Environmental Checklist to the DNR in compliance with the SEPA process. The DNR assumed SEPA Lead Agency status and issued a Declaration of Non-Significance on 11/25/85. Mason County signed the County or Municipality Recommendations Form (SM-6), stating that the County had no zoning ordinance that would allow it to regulate mining operations, and that a county permit was not required as a result. On 9/4/86, the DNR approved the permit request and issued a Surface Mining Permit(No. 70-012460), with condition. Revised 1991 DNR Permit for the Kennedy Creek Quarry In October, 1991, McLucas and Associates, Inc. was retained by James Thurman to prepare a reclamation plan for the entire 30 acres under his corporation's ownership, representing a major expansion from the original 3 acres that had been permitted. An Application for Operating Permit (SM-2) was submitted on 11/7/91, accompanied by an updated SM-8A Form and accompanying reclamation drawings and cross sections, an updated Environmental Checklist, and a SM-6 Form for Mason County's signature. The DNR issued a Mitigated Determination of Non-Significance on 8/6/92. A Revised Operating Permit (No. 70-012460) was issued by the DNR on 11/3/92, with condition that were updated on 2/13/95 to include July 1, 1993, changes in the reclamation law regarding installation of fences, and development of safety benches above both working and reclamation faces. Location of proposed safety benches within the Kennedy Creek Quarry are illustrated by Figures 8 to 10. Revised February 5, 1996 DNR Permit for the Kennedy Creek Quarry In early 1995, McLucas and Associates, Inc. was retained again by James Thurman to prepare an operating and reclamation plan for an approximate 110-acre bedrock quarry resulting from purchase of 79.32 acres from Simpson Timber Company contiguous to the north boundary of the existing, permitted 30-acre Kennedy Creek Quarry. The DNR, which issued a Determination of Nonsignificance for the proposal, approved the Application for a Surface Mining Reclamation Permit (Form SM-2), the Standard Reclamation Plan (Form SM-8A), and the Environmental Checklist on February 5, 1996. Additional condition of the permit were issued on that date as well. Gary Yando, Mason 11 County Director of the Department of Community Development signed the SM-6 Form, County or Municipality Approval, on 12/20/95 without comment. Correspondence from Mason County on 8/14/95 stated, in part: "At a minimum, drainage calculations and an engineered erosion-control and drainage plan should be prepared for this project. The sediment-control collection system should be enhanced. Water exiting the last basin should be monitored on a regular basis for particulates and other pollutants. This water drains directly into Totten Inlet which is one of Mason County's leading shellfish-producing water bodies. Special attention should be given to this concern. An unnamed drainage parallels Craddick Road 1/4 mile to Oyster Bay/Totten Inlet. Collection basins drain directly into this drainage. Please provide an estimate of the volume of discharge, current and projected." The enclosed August, 1999, Hydraulics Report , and Marcy, 2000 update, prepared for the Kennedy Creek Quarry by Skillings- Connolly, Inc. satisfies this requirement. Periodic installation of a portable asphalt plant was mentioned as a future action within this reclamation plan revision. February 14,2000 Application for Revised Permit Combinine DOT Permit(70-010837)with Kennedy Creek Ouarry Permit(70-012460) The DOT parcel (DNR Surface Mining Permit No. 70-010837) was purchased by Washington State in 1957 as a materials source for construction of State Route (S.R.) 101, Olympia to Shelton. A reclamation plan was prepared for the site in 1972; none of the proposed reclamation measures were implemented because only a small portion of the site was mined, and that portion was leased to James Thurman for several years as an operations-staging and product-stockpile accumulation area for his adjacent quarrying operation. Because the DOT site was never reclaimed, the March, 1999 sale to the Thurman Family Partnership required the family to assume the State's reclamation. The sale was also subject to retention by the State of a 75-foot strip along the southern property line bordering Hurley Waldrip Road in order to maintain a tree screen between quarrying operations and S.R. 101. With addition of the DOT parcel to the Kennedy Creek Quarry Reclamation Permit, its post-mining land use designation is now Commercial/Industrial. On August 27, 1999, Stephanie Zurenko, former DNR Reclamation Specialist, contacted Jim Thurman regarding Reclamation Permit No. 70-010837 (the DOT parcel), Quarry Site X-64, sold to the Thurman Family Partnership, L.P. in February, 1999. This letter instructed Mr. Thurman as to how to properly transfer the permit for the DOT quarry to the Thurman Family Partnership, L.P., and instructed him that a reclamation plan would have to be prepared and approved by the DNR. The 2/14/2000 reclamation plan application, prepared by McLucas and Associates, was in response to a 8/27/99 letter from Zurenko. On August 17, 2000, the DNR approved the permit revision request, releasing the DOT of all reclamation obligations and changing the name of the permit holder to Thurman Family Partnership, L.P. The approved permit and conditions is included in the Permit 12 Data Appendix. The revised February, 2000, amendment was considered the interim and conceptual amendment to the June, 1995 approved reclamation plan for the Kennedy Creek Quarry. The amendment set the parameters for mining and reclamation within the area it covers until a total revision to the reclamation plan is officially approved. Ms. Zurenko transferred and combined the WSDOT permit without subjecting the plan amendment, dated February 2000, to environmental review because of Thurman's intent to submit an application to expand the permit area beyond the limits of the two combined permits. The subject application, dated June 18, 2001, to include the Bassett parcel in SMP 70-012460, is in response to this intent. The applicant understands that the subject application for the Bassett parcel will be combined with the DOT parcel for the environmental review. The DOT parcel does not contain wetlands. Thurman has included a proposed quarry stormwater wetland treatment facility to be constructed adjacent to S.R. 101 immediately northwest of Hurley Waldrip Road in the extreme southwest corner of the DOT parcel (see the enclosed Hydraulics Report by Skillings and Connelly, Engineers, and Figure 11). PROJECT SPONSOR The project sponsor is Thurman Family Partnership, L.P., dba Kennedy Creek Quarry, Inc., located at S.E. 801 Brewer Road, Shelton, WA 98584. The name of the subject proposal is the Kennedy Creek Quarry Bassett Parcel Reclamation Permit Expansion. Expansion into the Bassett parcel is the purpose of the subject reclamation plan revision, including environmental review of this parcel and the DOT parcel. This parcel was acquired to facilitate and maximize safe removal of the bedrock resource on the DOT and Simpson parcels and to provide acreage for construction of an asphalt plant. Figure 1 provides the location of the existing quarry and proposed Bassett expansion areas. Figure 2 provides an aerial view. Figure 3 illustrates the legal ownership relationship of the Bassett parcel to the remainder of the Kennedy Creek Quarry. The UBI Number for the Kennedy Creek Quarry business operation is 601-345-263. PROJECT LOCATION The existing and proposed expansion area of the Kennedy Creek Quarry is located in unincorporated Mason County, Washington, one and a half miles north of the Thurston/Mason County line. The site is on the east side of S.R. 101, approximately 6 miles northwest of the intersection of the state highway and S.R. 8, and 6.5 miles southwest of the City of Shelton. Oyster Bay is approximately one and a half miles to the east(Figure 1),and the town of Kamilche occurs one and a half miles to the north on S.R. 101. 13 �N.STAT, MASON COUNTY �P5 C °� Department of Community Services o S° �= Planning Division ~ NO T Q 615 W Alder St, Shelton, WA 98584 J Y �,o~ (360)427-9670 1864 DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-340) SEP2018-00095 Description of Proposal: SEPA FOR REZONE FROM RURAL RESIDENTIAL 5 (RR5) TO RURAL NATURAL RESOURCE (RNR) Proponent: THURMAN FAMILY PARTNERSHIP Location of Proposal: SE HURLEY WALDRIP RD SHELTON Parcel Number: 319293200020 Legal Description: TR 2 OF NW SW Directions to Site: Lead Agency: Mason County The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. Please contact Kell Rowen at ext. 286 with any questions. This DNS is issued under WAC 197-11-340(2). The Lead Agency will not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to Dept. of Community Development, 615 W Alder St, Shelton WA 98584 by 12/17/2018. Appeal of this determination must be filed within a 14-day period following this final determination date, per Mason County Code Chapt r 1 .11 Appe "z�'— I2131� � � Authorized Local Government Official Date A. BACKGROUND 1. Name of proposed project, if applicable: Kennedy Creek Quarry Scalehouse Parcel (31929-32-00020) Rezone from Rural Residental 5 (RR5) to Rural Natural Resources (RNR) 2. Name of applicant Thurman Family Partnership,L.P.,doing business as Kennedy Creek Quarry,Inc. 3. Address and phone number of applicant and contact person: James Thurman S.E. 801 Brewer Road Shelton, WA 98584 360-426-4743 4. Date checklist prepared: October 12, 2018 5. Agency requesting checklist: Mason County Planning 6. Proposed timing or schedule (including phasing, if applicable): Ongoing quarry operation. In early 2015, Kennedy Creek Quarry Management moved the office/scalehouse to Parcel 31929-32-00020, which was outside of the current permit boundary. A "Construction Stormwater Pollution Prevention Plan" and a "Drainage Report" were prepared Envirotech Engineering. These reports were submitted to Mason County and received on February 5, 2015. These reports proved up the stability and stormwater drainage of the Scalehouse Parcel to handle the incoming and outgoing truck trailer activity. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The WSDNR has requested revised documents for the Revised Reclamation,which indirectly effect the lower office/scalehouse parcel under Rezone Application,they are as follows: New Stormwater Control Plan,Hydrogeologic Profile,Slope Stability Analysis,Clean Fill Planting Plan and Revised Sm-8 and Mapset. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Yes. The Revised Reclamation with WSDNR. The rezone of the office/scalehouse parcel is part of this revision. As of this week, all documents have been revised or added to the reclamation and the DNR is waiting for the rezone and the final signing of the SM-6 form by Mason County SEPA Environmental checklist(WAC 197-11-960) May 2014 Page 2 of 14 10. List any government approvals or permits that will be needed for your proposal, if known. Mason County approval of the rezone and signing of the SM-6. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The quarry has expanded the mining outside of the permitted 136.74 acres. This 6.36 expansion acres are located to the east(.65 acres),which is topsoil and subsoil stockpile,and to the south to include the office/scale house area(5.71 acres). In order to maintain the permitted 136.74 acres, these expansion acres have been offset by excluding acreage to the southeast,and to the southwest. This 6.36(5.71 acres office/scalehouse parcel)exclusion acres can be viewed on the enclosed Mapset Figure 4,with red stripped lines. This expansion and exclusion maintain the 136.74 permitted acreage. The rezone of the office/scalehouse parcel(5.71 acres)will allow for safe movement of truck/trailer traffic. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The Kennedy Creek Quarry is located 6.5 miles south of Shelton,Washington, via S.R. 101, at S.E. Hurley Waldrip Road, Shelton, WA 98583. The legal description for the entire site is the West Half of the Northwest Quarter of Section 29, and the Northeast Quarter of the Northeast Quarter and the portions of Southeast Quarter of the Northeast quarter of Section 30, lying northeast of S.R. 101, all in Township 19 North, Range 3 West,W.M., Mason County, Washington. The scalehouse parcel (5.71 acres) is located and adjacent to the mine site to the south legal description is W1/2, NW1/4, Section 29, Township 19N, Range 3W, W.M. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope)? 5.71 acres which is a flat area. SEPA Environmental checklist(WAC 197-11-960) May 2014 Page 3 of 14 c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. Shelton series consists of well-drained,brown soils on uplands. They have developed mainly from continental glacial till mixed with considerable basaltic rock of local origin,and with local drift from the Olympia Mountains. These materials have been removed and stored for reclamation. The scalehouse parcel has utilized crushed rock from the quarry to prepare a stabilized surface/sub-surface for the movement of trucks/trailers. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. The 5.71-acre office/scalehouse parcel has had the topsoil/subsoil removed and crushed rock from quarry has established a stable surface. A Grading and Drainage Report has been completed for this site and submitted to Mason County. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. There could be some surface ware from truck/trailer traffic,and these areas will be prepared as needed. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Substantially less than 1 percent. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: In February 2015,Envirotech Engineering prepared a"Drainage Report'which included Grading and Drainage of the office/scalehouse parcel. Envirotech Engineering also constructed a "Construction Stormwater Pollution Prevention Plan. These were submitted to and stamped by Mason County on February 4,2015. The flat service of the Office/Scalehouse Parcel utilized quarry rock to prepare the surface for truck/trailer traffic. Quarrying,processing and scalehouse operations cease during severe storm events,except in cases of emergency,in conformance with the NPDES permit. 2. Air a. What types of emissions to the air would result from the proposal during construction,_ operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. Particulate matter is generated during bedrock blasting,crushing,and screening operations,and truck loading in dry summer months. The Olympic Air Pollution Control Authority(OAPCAO through the Notice of Construction(NOC)application process regulates these emissions. SEPA Environmental checklist(WAC 197-11-960) May 2014 Page 4 of 14 b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Particulate matter and exhaust fumes associated with truck/trailer traffic on this parcel. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Twenty-one acres of the quarry ownership have been established as mining buffers, including 2.76 acres within the 30-foot permanent setback around the proposed quarrying operations, an 18.60 acre associated with the western setback involving the area between the eastern boundary of the BPA powerline and S.R. 101. Existing vegetation in this acreage will be allowed to reach maturity to provide air- quality, noise, and stormwater sedimentation mitigation. Department of Transportation land south of the DOT parcel and adjacent to S.R. 101 was retained by the agency to provide a mature tree screen between the quarry and S.R. 101. Crushing equipment is located at the working faces to contain particulates emissions to the quarry, and quarrying and transport equipment is maintained to minimize dust and smoke emissions. 3. Water a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe typeand provide names. If appropriate, state what stream or river it flows into. No natural water bodies occur within he mine site or the 5.71-acre scalehouse area. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. No. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water: SEPA Environmental checklist(WAC 197-11-960) May 2014 Page 5 of 14 1)Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. No ground water is or will be withdrawn. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals. . . ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None. A sanican is associated with the office/trailer. c. Water runoff(including stormwater): 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. A Construction Stormwater Pollution Prevention Plan was prepared by Envirotech Engineering in 2015 and was submitted to Mason County on February 4,2015 for the scalehouse parcel. 2) Could waste materials enter ground or surface waters? If so, generally describe. No significant quantity of sediment enters ground or surface water, as per the NPDES permit. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. No. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: See Construction Stormwater Pollution Prevention Plan on file with Mason County 4. Plants a. Check the types of vegetation found on the site: None, the 5.71-acre scalehouse parcel has had all vegetation removed and a flat supported surface has been constructed to allow for truck/trailer traffic. deciduous tree: alder, maple, aspen, other _evergreen tree: fir, cedar, pine, other shrubs _grass pasture SEPA Environmental checklist(WAC 197-11-960) May 2014 Page 6 of 14 crop or grain Orchards, vineyards or other permanent crops. wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? The scalehouse parcel has already been cleared back in 2015. c. List threatened and endangered species known to be on or near the site. No threatened or endangered plants species are known to be on,or near,the site. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: The subsequent use of the scalehouse parcel will be commercial or industrial. No landscaping is being considered at this time. e. List all noxious weeds and invasive species known to be on or near the site. Scott broom. These plants will be removed manually. 5. Animals a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other b. List any threatened and endangered species known to be on or near the site. None known Review of information in the fish and Wildlife Appendix,which is on file with WSDNR,provided by the Department of Fish and Wildlife(regarding a habitats and species information request by McLucas&Associates,revealed that no priority habitats of species have been mapped within the Kennedy creek Quarry or its immediate vicinity. Within Totten Inlet,the northern shoreline of which is approximately one-half mile distant to the southeast,and within two small areas approximately one-half mile to the west of S.R. 101 and one-half mile northeast of quarry,National Wetlands Inventory has been performed and Pacific oyster and hard-shell intertidal clam's populations have been mapped. Along Kennedy creek and Skookum Creek, priority anadromous/resident fish presences have been noted. c. Is the site part of a migration route? If so, explain. While it is unknown if the site is part of a migration route,it appears logical that quarry-mining activities,including bedrock blasting,would represent a deterrent to animal migration. d. Proposed measures to preserve or enhance wildlife, if any. Vegetation on currently undisturbed portions of the mine will remain until progressive mining activity approaches. The 30 feet wide, 2.76-acres permanent mine setback, and the western 18.6-acre property line setback associated with the BPA powerlines,will be left in a vegetated state during life of the mine to provide wildlife habitat. The SEPA Environmental checklist(UAC 197-11-960) May 2014 Page 7 of 14 site will be progressively reclaimed,with revegetation established reclamation benches and slopes. Existing and future storm water detention ponds will provide fresh drinking water for wildlife. The raised mine floor to 300' msl will be vegetated with grasses, shrubs, and trees creating a natural environment for wildlife. e. List any invasive animal species known to be on or near the site. None known. 6. Energy and natural resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Those kinds of energy required meeting the needs of a quarry-mining facility,predominantly electricity and fuel/lubricants. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Maintain processing and transport equipment, under optimism operating conditions. 7. Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Petroleum products used to operate and maintain mining and transport equipment are stored in conformance with all pertinent government regulations including the NPDES Permit,and MSHA Permit. 1) Describe any known or possible contamination at the site from present or past uses. None are anticipated. Drilling, blasting, loading, transport and other aspects of quarrying operations are performed in compliance with State and Federal regulations, including MSHA and OSHA safety regulations. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. There are no liquid or gas transmission pipelines located on site. All gas refueling, and oils used in servicing the equipment meet MSHA standards. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. SEPA Environmental checklist(WAC 197-11-960) May 2014 Page 8 of 14 There are no toxic or hazardous chemicals used or stored on site. Gas and oils used for equipment are stored and used as per MSHA. No blasting material are stored on site,when blasting is necessary, the blasting material is brought on site that day and used. All blasting material will be removed from site after blasting is completed. 4) Describe special emergency services that might be required. None is anticipated. Fire extinguishers,water trucks, and emergency medical supplies are kept on site in case of emergency, as per MSHA regulations. 5) Proposed measures to reduce or control environmental health hazards, if any: The site is inspected annually by MSHA and OSHA for compliance with safety and health compliance. b. Noise 1)What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Traffic on S.R. 101 generates noise that impacts the quarry and its vicinity,as does noise generated by the BPA power transmission lines. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indi- cate what hours noise would come from the site. Between 7:30 a.m.and 4:30 p.m.,Monday through Saturday,site noise is generated by drilling,blasting,rock crushing,and screening,operations of heavy equipment(e.g.bulldozer, front-end loaders),and truck loading and transport. Operations are conducted in compliance with state and County noise regulations at property boundaries. The two residences on the west side of S.R. 101 have historically been affected by traffic on S.R. 101,and operation of the BPA power transmission lines. 3) Proposed measures to reduce or control noise impacts, if any: To the extent feasible,the applicant will continue to develop the quarry such that buffers of unexcavated bedrock occurs between operations and S.R.101,the Old Olympic Highway,and distant residences to the northeast and southeast. The applicant will continue to use electric- powered aggregate-processing equipment and operate it at the base of bedrock working faces. Vegetation will be further established and maintained within the permanent property line buffers so that it can mature for maximum noise abatement. 8. Land and shoreline use a. What is the current use of the site and adjacent properties?Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. The site's use is exclusively as a bedrock quarry. The surrounding area is natural resources and residential dwellings. SEPA Environmental checklist(WAC 197-11-960) May 2014 Page 9 of 14 b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? The scalehouse parcel (5.71 acres)was cleared several years ago in preparation for the installation of the scale. A 30-foot buffer surrounds the parcel and is kept vegetated. Previously this parcel area was undeveloped land. 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: The site has been an operating quarry since the early 1980's. There has been no interruption of agriculture or other businesses. The site has been used for silviculture. Access to the quarry has been the use of the Hurley Waldrip Road,which connects to S.R. 101. The use of transport trucks(scalehouse parcel)has not created any burden on existing local traffic. The site does not use pesticides and removes Scott broom manually. c. Describe any structures on the site. Office/scale house portable and scale. d. Will any structures be demolished? If so, what? End of mining,the scalehouse(portable)will be removed as well as the scale. e. What is the current zoning classification of the site? Rural Residential R-5(RR5) f. What is the current comprehensive plan designation of the site? Undeveloped Land �-UrA g. If applicable, what is the current shoreline master program designation of the site? Not Applicable. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. No. i. Approximately how many people would reside or work in the completed project? Eight to twelve,(4 in office/scalehouse,remainder in quarry operation). j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: None are necessary or proposed. L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: SEPA Environmental checklist(WAC 197-11-960) May 2014 Page 10 of 14 Proposed quarry land exchange requires the rezone of the office/scalehouse parcel from Rural Residential (R-5)to Rural Natural Resources. m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: Post mining use will be commercial or industrial. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, mid- dle, or low-income housing. None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. c. Proposed measures to reduce or control housing impacts, if any: 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The office/scale house and shop are 16 feet to 20 feet high. The will be removed upon final mining/reclamation of site. b. What views in the immediate vicinity would be altered or obstructed? None. c. Proposed measures to reduce or control aesthetic impacts, if any: A minimum 30-foot wide property line buffer has been established around the mine. The DOT retained a vegetated,75-foot wide strip of land adjacent to S.R. 101 to shield the quarry from the view of vehicles using the highway. A stand of mature trees occupies the area on the east side of S.R. 101 near the BPA powerlines. A 30-foot vegetated buffer surrounds the office/scalehouse parcel. 11. Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? A yard light at the office/scalehouse complex provides nighttime safety and security for the quarry. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? Light and glare from vehicle traffic on S.R. 101. d. Proposed measures to reduce or control light and glare impacts, if any: [help] None are necessary or proposed. SEPA Environmental checklist(WAC 197-11-960) May 2014 Page 11 of 14 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? None. b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None are necessary or proposed. 13. Historic and cultural preservation a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site? If so, specifically describe. None are known. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. None are known to exist. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. None are necessary or proposed. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. This expansion permit is to exchange the topsoil storage to the east and the office/scale house to the south by exemption of area inside the permit boundary,thus keeping the permitted area at 136.74 acres. 14. Transportation a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. The quarry is accessed via Hurley Waldrip Road and its intersection with S.R. 101. While the Old Olympic Highway passes through the eastern portion of the quarry site,it is substantially below the quarry such that it cannot be accessed from the site. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? No.the Olympia/Tumwater to the south would be the closest transit stop. SEPA Environmental checklist(WAC 197-11-960) May 2014 Page 12 of 14 c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? Five parking spaces occur at the office/scale house. No parking spaces will be eliminated by the project. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). No. e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? Approximately 100 truck and truck-trailer trips per day occur during the peak summertime construction season,from Monday through Saturday. Quarry employees make approximately 10 trips per day. g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. To the extent feasible, and because of the economic incentive to do so because of the relative isolation of the quarry, truck-trailer combinations are predominantly used to transport aggregate products from the site. The site access road and S.R. 101 are more than adequate to accommodate existing and proposed quarry operations far into the foreseeable future. There should be no impact to other business enterprises in the area. h. Proposed measures to reduce or control transportation impacts, if any: As mentioned in the use of truck/trailer for transport of aggregates,will reduce the number of trucks entering and leaving the quarry. 15. Public services a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. None necessary or proposed. 16. Utilities a. Circle utilities currently available at the site: electrici , natural gas, water, refuse service, telephone, sanitary sewer, septic system, other sanican SEPA Environmental checklist(WAC 197-11-960) May 2014 Page 13 of 14 b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None, all are in place. Mason county public Utility District No.3 provides electrical services. No construction activities on the site,or in its immediate vicinity,are anticipated. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them tom decision. Signature: Name of signee Jim Thurman Position and Agency/Organization Owner Date Submitted: 10/12/2018 SEPA Environmental checklist(WAC 197-11-960) May 2014 Page 14 of 14 MASON COUNTY DCD SEPA Contact List Sent SEPA 7o Jg;-0Mft5 to (check all that apply) on 1>1 tO Skokomish Tribal Nation, Nat. Res, Dept 1I1f#�i tepaltrirletlt biP'Corkllneree A 1 TiN Randy dumper r#31l Yyte&tl1@ CtE11T1mt EC .1 �1 . . .. .,.;: . : . N 54 Tijbal Center Rd., S,kokoniisn Nation'98584 ?umner 'skoka�ri h org U.S.Army Corps of Engineers SEPA Reviewer-Jason Sweeney Skokomish Tribal Historic Preservation Officer PO Box C-3755, Seattle,98124 ATTN: Kris Miller Jason.t.sweeney@usace.army.mil 80 N Tribal Center Rd, Skokomish Nation, 98584 shlanay1 @skokomish.org 1tA p�pt oftsti ,f`f .:;'YffT:Y.:�`:lff u1lt� dian:lr � �z f#I t l# f f£ SEAdesi< dfvv W d f. �� M ;% � sf WA Dept. of Fish and Wildlife ATTN: Chris Waldbillig Squaxin Tribal Nation,Natural Res. Dept. 450 Port Orchard Blvd, Suite 290 2952 SE Old Olympic HWY,Shelton 98584 Port Orchard,WA 98366 jdickison@squaxin.us Chris.waldbillig@dfw.wa.gov emarbet@squaxin.us szaniewski@squaxin.us WA Dept, of Fish and Wild( ;,.. :: Yom ' rfoster@squaxin.us AI TN. Darnn [easter The Confederated Tribe of the Chehalis; ,rch.rd Blvd, Suite 290 j a TP_ SEPA Re_i��l..c y Fo' .�le� t,„i,rrlh '=r� rt 01cFiura VIA EJB�66 4201 lowanut Rd., Oakville, 985E lad,,rrui.fUldsters(c dfvv.wa,gov gcineilyQ7chehakstr�ebr WA DNR,South Puget Sound nd Region � WA Dept.of Fish and Wildlife 950 Farman Avenue N, Enumclaw,98022-9282 ATTN: Margie Bigelow southpuget.region@dnr.wa.gov (Habitat Biologist-S Puget Sound Watershed) SIVA SNR,tcaitsctir �w 2391 W Deegan Rd., Shelton, 98574 p6bt37b ,tr#Iyflapta,9fi 74 margaret.bigelow@dfw.wa.gov V.411t ll+a gav WA DNR,SEPA Center VIA Dept. of Transportah f,,fkknJfYS 3fif ;k sff; ATTN: External Coordinator ATTN Gale Severson PO BOX 47015, Olympia,98504-7015 f'�O; Box,47440 Olympia 98504-7440 sepacenter@dnr.wa.gov SEPA-REUIEW(u?wsdot.wa,gov City of Shelton ...fS ATTN:Jason Dose (sUI� fli� 1s :#�f 525 West Cota St., Shelton 98584 E3Mason County Transit jasond@ci.shelton.wa.us ATTN: Danette Brannin 790 E Johns Prairie Rd Shelton 98584 f� fk t� toD dbrannin@masontransit.org PUD I1;#R.iQ..0. y ATTN Darrin Hall gfarir3on ©tllsSieEton crli<. %u ff - % N,21971 Hwy 101, Shelton, 98584 dariinhQinason-pud1:org Dept of Archaeology&Historic Preservation Mason County PUD#3 P.O. Box 48343, Olympia, 98504-8343 ATTN: Kristin French SEPA@dahp.wa.gov kristin.french@!pasonpud3.org < of Ecology ED Tacoma PubtllEfisk; �=Sexvics k :: IflI '- 3 )i)j� f � �f f`.kY•�fik % 3 C'(3 E3t 47 ,fJ;iympia,98504 ;-03Q2f3 3Sf ;St, acrna, �? separecJrster@ecywa gov' r1Cei#erm citcityoftacoa WA Department of Health Mason Cty P.W.ATTN: ATTN: Kelly Cooper kelly.cooper@doh.wa.gov Mason Cty E.H.ATTN: Other: Mason Cty Bldg ATTN: Agent: School District: Applicant: 84�we- } ,,e Ce r MC DCD last updated on 10/29/2018 2 ��'�'1 319194200010 319194200010 319194100000 319203200010 319203100000 319203100021 319204200090 T19 R3 319199999999 319203400000 319194300000 !F ITT IF i M 20 319203300000 319194300000 319204300010 i 319203400020 319204300030 jo SE ROCKY RD 319301200030 319301200000,; 319291200000, f 319297500020 319297500030 Y 319301200020 319301100000 319297500010 319297500040 'Z � y, 319292200000 R t N { f 319292100010 •� A 319297500050 319301200040 �. � s' �, 319292100020 jp 5 ' 319292400000 319292100000 319300060000 � 319292490003 319304100010 319301400000 319292300000 319292490002 319292490004 319301300030 319301300020 !y 319292300000 319301390040 S'(� 319291300030 319301400000 'QlF 319292300010 319292490001 Y� 319292400031 319292400030 319292400010 '9 1p��A R� 319293260010 319292400050 319292400031 319290060010 319304150010 319304150020 319292400050 319293260010 319293200020 319304150030 319304150040 {�j�s 319293100000 319294250040 319293200000 y/C 319294250030 319304150050 y� p� 319294250020 319304000000 319304150060 319293100010 319294250010 319293100020 319293000000 319304150060 319290060000 319293400030 319293400020 319293400040 319292222222, ou ce: i,Di.DW DI&L t- ero rid,OM. R wi to•o a cJ the G User om r it;y�y�4u000U 319304400010 9' P'. � Y 6 l\ e ' 5 9 ; - � f� - 11 r;.. 17 JP-j • QJ site i it � 7 W 1 sy. _ 1* i t, a 8 1: rl J Source:US Geological Survey(1953)1:62500 scale Figure 1 ' topographic quadrangle:Summit Lake a Sec9on 19,Township 19 North,Range 3 West, Topography 3 Sad 20,Township 19 North,Range 3 West, CURerlermPermitted Sect!on 29,Township 19 North,Range West, MCLUCaS&A$$oClateS Section 30,Township 19 North,Range 3 West. O Parcels(130.38 acres) Kennedy Creek Quarry Shelton,Washington s s ('_., MAU L FOSTER ALONGI p.971 544 2139 1 www.mautloster.com � r 0 990 1,980 Tstn^+,.b Wm.mwewv.eeep �,py,4.e...... .r�O�•e..-r��e'm�..�.d�r•.wrr®R Feet a' LL Development Areas ; Agricultural Resource Lands I - '"eN I Rural Industrial z Rural Natural Resource i r a � 1 Rural Residential 20Acres ' � �_-� u__..-----' 1 Rural Residential 5 Acres >° Water i GREEN DIAMOND ' !•, ! RESOURCECOMPANY GREEN DIAMOND I RESW RCE COMPANY SOUMIN ISL ]19203'100000 TRIBE USAIAUST, ; ; I I W NCAN 319203100020 .ROSE LVG --ROCKY - TRUSTETAL'. ROCKY 319301200000 ' I� •11111'! � ' // 1 Y/ TNuw Rw FAYLY PAmER811PLP 319]9] 00]0 10 ..-.- Y i t �\ f L.\. 1 PA1RNta13100 8 ft - Ai ImQN . � • 3192921000]1 �---- _ eRAODtcK-.. ---..._ ----- STATE \o 2 ]010 ` 310 THURMAN FM1Ly AMM31NERSHP.LP. � > 1TY � 92932!10@0 _ ;1►1 ��101 It 31 +I I -- ._ w\SNINGiIXI Source:Development Areas provided by Mason County. Substation Dead End Revised Permit mapObtainedfromESRIAmGISOnline. aFigure 2 d' Bonneville Power Administration provided transmission Bays Boundary(136.74 't lines and stmetures.Basacres) Mason County Zoning 5 - Lattice Tower OOOOC MCLucas&Associates Pole Structure 00000 Permanent Buller Kennedy Creek Quarry s ----• 30-Foot Setback Excluded Shelton,Washington ._,•• BPA Transmission Ponds Lines AUL FOSTER ALONGI 447m p.971 544 2139 1 www.moulfoster.com 0 340 680 Feet 1 1 1 0 k ; 1 1 1 C R 1 1 1 1 1 •1 1 eo 1 1 1 1 1 0 o- i i 0 Ac v _ jam j 1 O 1 16 1 1 1 1 I S-lm PoN M a I\yK C. i i rw DICK-- & & Source:UDAR derived contours from Legend Figure 3 $ 2002 Puget Sound UDAR consortium outside permit area. Existin Conditions $ UAS derived contours from 2017 MFA survey Inside Pest area. Substation Permanent Contour l0-Foot g ` Bonneville Power Administration Dead End Bays Buffer (MSL) McLucas$Associates provided transmission lines and structures. _ Lattice rower Ponds ® Excluded Kennedy Creek Quarry Pole Structure Current Shelton,Washington Permitted BPA parcels(130.38 - Transmission acres) Lines 1-71 FOSTER ALONGI Expansion p.971 544 2139 1 www.maulfoster.com Cross Section (•--""� parcels(6.36 0 150 300 _ Transect l . ..J acres) ITTFeet a ------------------------------------------- C I -ROCKY I I 1 _ I I I - I I 1 1 I 1 I IB 1 1 DOW11 C. 1 1 1 I I_ -- II E 1 - 1 1 _ 1 � I 1 , 1 . 1 \ \\ \ — `\\ \ to de Figure 4 Cross Section Sequence Mining Sequence Map Transect Permanent Buffer McLucas&Associates ® Excluded 5 Phase 1(Current Fill( Kennedy Creek Quarry 1--_ , 3aFootsetback Area) Shelton,Washington $ Revised Permit Phase 2 & Boundary(136.74 phase 3 acres) MAUL FOSTER ALONGI Parcels p.971 544 2139 1 w .maulloster.com 0 150 300 Ponds 6� ��► ear � .�. emu• Feet 0 oa Q g b - 3a0w, -36c- -�32 ROCKY �o 50 r�i y 2260`�__28p00 @ � t Q 7yb x--150 .;a 1120 3tA Permanent Busez� 0 1 ffer Phase 2 0 0 N o ° p Topsoil �° ° an`fi Subsoil G' Stock-Area ° A C u ve, rt� - � - __ i v pJ LL O q Ip G rho 1 9A4a ,yo StorrnwaterPonds� d �Phase;3� 11330``�'JJ r H&, St rrnwatercP nd r. !y9 _ ,,O �'C•w�F' y' 13o °j �0 $0 �.j RADDICK y mot" e° Office Are $ w lT �$ r 110 13 � Q _BD _ 1. �(1 YO 504 .o210y1 6� Source:LiDAR derived contours from Legend Figure 5 2002 Puget Sound UDAR Consortium. Quarry Road Mining Surface Map McLucas&Associates West Ditch Cross section Kennedy Creek Quarry Transect Shelton,Washington E s° Phase Area Ponds j MAUL FOSTER ALONGI p. 971 544 2139 1 v rnuuffoster.conn 0 150 300 Feet 3W Q d 310 o - =ROCKY 0 IJh f� Culvert A' m A Stormwater Ponds\ hyo F (OSA fJ- � I yS a y�Cy wqY. C' Stormwater Ponds - - va o, ✓�. CRADDICK ro 'o ro P rOV, 0. 5 90 tib Source:LiDAR derived contours from Legend Figure 6 2002 Puget Sound LiDAR Consortium. Armored Ditch Revised Permit Area Final Reclamation Map McLucas&Associates a Cross Section Quarry Road 3 Transect Kennedy Creek Quarry West Ditch 10-foot interval Shelton,Washington contour(MSL) ® Excluded y, Ponds -, MAUL FOSTER ALONGI p.97154421391 v .moulfosfer.conn l 0 150 300 Feel GRADING SECTION A-A' 400 ; APPX.PRE-MINE i g-' ELEVATION EXISTING GRADE i a �� ----- - BACKFILL GRADE �___--- e - 200 LU w WEST - - -----/-�--" - - - - 16 BOTTOM OFJ HORIZCNTAL SCALE: 1"=200 MINING'SURFACE 0 VERTICAL SCALE: 1"=200 e n O n O .O bo- O O O P a0 O N m th ^ 1O M p < �_ _W �_ a n 2 O (^�` N N N N ((�� N'yn^/ W W S W LL F 2+00 4+00 6+00 8+00 10+00 12+00 14+00 16+00 18+00 mm GRADING SECTION B-B' m 9 400 ° 1 1 c 1 BACKFILL GR�R ---- -- ---- -- APPX PRE-MINE Z \ ELEVATION EXISTING GRADE O F 200 Q � EL:120' LU - WEST �- BQTTOM OF HORIZONTALSCALE: 1".200 - MININGSURFACE O VEZTICAL SCAL I"=200 $ < p O; p ^ O M O Y O O o: o.00 -0 u In g N N p N O N ^ op W < O M� ^ M N M CO R (� N (� C-4 C 4 N (A '(yam^ (� In — M (� f;') E LU LL W LL W Il.. W LL W lL W LL W LL W t= w LL lL 2+00 4+00 6+00 8+00 10+00 12+00 14+00 16+00 18+00 20+00 Figure� o zoo' aoa• EXCAVATION VOLUME:9,304,976 CY Fi g MAUL FOSTER ALONGI BACKFILL VOLUME: 2,633,649CY(90%COMPACTION) Grading Section 921 J9 IFhej Ixww•maJlorler.00m SB=SETBACK LINE n u NOTE,BAR ISONE INCH ONORIGINAL Kennedy Creek Quarry ME w o DRAWING.IF NOT ONE INCH ON THIS P/L=PROPERTY LINE SHEET,ADIUSTSCALEADCORORIGLY. PB=PERMANENT BUFFERg Shelton,Washington GRADING SECTION C-C' m 400 --�6 - - - BACKFILL GRADE APPX PRE-MINE ' _ — ELEVATION LL \ _ EXISTING z STCIRINMATER POND L) ' 200 EXISTING GRADE t. ARMORED DITCH \ w \ !L:120'- - - - - - - - - - - - - - - - - - - - i W _NORTH EXCAVATION GRADE 8 HORIZONTAL SCALE: 1"=200 - 0 VERTICALSCALE• 1"=200 i r` O Y aD M n c0 0` CN CD 0, h .0 h '0 O CD h W N LS O -4 p 06 p m P < N O i MN n N C-4 LO M N N LL W W t(L^ W L W E 2+00 4+00 6+00 8+00 10+00 12+00 14+00 16+00 18+00 20+00 22+00 24+00 8 0 8 R s G S u' Y_Ag Y D o zoo aoo EXCAVATION VOLUME:9,304,976 CY Figure 9)IM AUL FOSTER A L O N G I .SN.21�IPhurIBACKFILL VOLUME: 2,633,649 CY(90%COMPACTION) Grading Section � l�•'+•.��oN�r.cwn BMW pgaaa,uetlwwrbi+wwrrsneMa+rw uva�.a NOTE MR IS ONE INCH ON ORIGINAL � I�^��+•n�ew�i,iom�.rp,..,vn n•.nm:d°a�y•O ORAWING.IF NOT ONE INCH ON THIS SB SETBACK LINE Kennedy Creek Quarry SHEET.AMUST SCALE ACCORDINGLY. P/L=PROPERTY LINE P Shelton,Washington It w °" ,'fit '•r�� h+^J€. .� a z�y�.�s.`�.:�Z. ;t if I t _ e At r . • ry S , V g ,g Y i.�•`�r P •�qe�;.•Y � t r X ye• {�3N' SLY e/�"q/tet A �. " '."••. --�- ''` ' e7' .c .. Xx feet Gf 20 0 Google Earth meters 700 c51FiccI 116use Department of Commerce Notice of Intent to Adopt Amendment 60 Days Prior to Adoption Indicate one (or both, if applicable): ❑ Comprehensive Plan Amendment ® Development Regulation Amendment Pursuant to RCW 36.70A.106, the following jurisdiction provides notice of intent to adopt a proposed comprehensive plan amendment and/or development regulation amendment under the Growth Management Act. Jurisdiction: Mason County Mailing Address: 615 W. Alder St; Shelton, WA 98584 Date: November 30, 2018 Contact Name: Kell Rowen Title/Position: Planning Manager Phone Number: 360.427.9670 ext. 286 E-mail Address: krowen@co.mason.wa.us Brief Description of the Proposed amendment to rezone a 5.71-acre Proposed/Draft Amendment: parcel from Rural Residential 5 (RR5) to Rural If this draft amendment is provided to Natural Resource (RNR) in the rural area of supplement an existing 60-day notice Mason County, WA already submitted, then please provide the date the original notice was submitted and the Commerce Material ID number located in your Commerce acknowledgement letter. Is this action part of the scheduled review and update? Yes: GMA requires review every 8 years No: _X_ under RCW 36.70A.130(4)-(6). Public Hearing Date: Planning Board/Commission: December 17, 2018 Council/County Commission: January 29, 2019 Proposed Adoption Date: January 29, 2019 REQUIRED: Attach or include a copy of the proposed amendment text or document(s). We do not accept a website hyperlink requiring us to retrieve external documents. Jurisdictions must submit the actual document(s)to Commerce. If you experience difficulty, please contact reviewteam(o)-commerce.wa.gov Rev 06/2016 Kennedy Creek Quarry - Neighbors — 300' Mailout Nicole Fryling 191 SE Rocky Rd. Shelton, WA 98584-9268 Harvey E. Pegg 2261 SE Old Olympic Hwy. Shelton, WA 98584-7725 Gloria H. Koch 211 SE Jolliff Rd. Shelton, WA 98584 Kennith Jay Robles (Selerio) 4719 Breccea Ln. SE Lacey, WA 98503 Conwell Investments 2415 Carpenter Rd. SE Lacey, WA 98503 Jack and Linda Bailey 640 W. Hurley Waldrip Rd. Shelton, WA 98584-7704 Kathern Topp 511 W. Hurley Waldrip Rd. Shelton, WA 98584-9203 Jessica Duncan P.O. Box 6131 Olympia, WA 98507 1 Wayne Koch 61 SE Craddick RD. Shelton, WA 98584-9236 James L. Thurman 801 SE Brewer RD. Shelton, WA 98584-7752 Bon & Anita Mcintoch 261 SE Rocky RD. Shelton, WA 98584-9268 Green Diamond Resource Company 215 North Third ST. Shelton, WA 98584 Jessica A. Duncan P.O. Box 6131 Olympia, WA 98507 KL & MB Rose TRSE. / Stephen P. Minch 1603 Vine St. Milton, WA 98354-9147 Squaxin Island Tribe USA Trust 10 SE Squaxin Ln. Shelton, WA 98584-9200 Department of Transportation State Lands Division P.O. Box 47440 Olympia, WA 98504-7440 z STA'fF G s. 1z ay IA59�o STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 •Olympia, Washington 98504-7775 •(360)407-6300 711 for Washington Relay Service -Persons with a speech disability can call 877-833-6341 December 17,2018 Kell Rowen, Senior Planner Mason County Department of Community Services Planning Division PO Box 279 Shelton,WA 98584 Dear Kell Rowen: Thank you for the opportunity to comment on the determination of nonsignificance for the Kennedy Creek Quarry Scalehouse Parcel(31929-32-00020)Rezone from Rural Residental 5 (RR5)to Rural Natural Resources(RNR)Project(SEP2018-00095)located at Southeast Hurley Waldrip Road in Shelton as proposed by Thurman Family Partnership,L.P., as Kennedy Creek Quarry, Inc. The Department of Ecology(Ecology)reviewed the environmental checklist and has the following comment(s): WATER QUALITY: Chris Montague-Breakwell(360)407-6364 Erosion control measures must be in place prior to any clearing, grading,or construction. These control measures must be effective to prevent stormwater runoff from carrying soil and'other pollutants into surface water or stormdrains that lead to waters of the state. Sand, silt,clay particles,and soil will damage aquatic habitat and are considered to be pollutants. Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW,Water Pollution Control,and WAC 173-201A,Water Quality Standards for Surface Waters of the State of Washington,and is subject to enforcement action. The following construction activities require coverage under the Construction Stormwater General Permit: 1. Clearing,grading and/or excavation that results in the disturbance of one or more acres and discharges stormwater to surface waters of the State;and 2. Clearing, grading and/or excavation on sites smaller than one acre that are part of a larger common plan of development or sale, if the common plan of development or Kell Rowen, Senior Planner December 17,2018 Page 2 sale will ultimately disturb one acre or more and discharge stormwater to surface waters of the State. a) This includes forest practices(including,but not limited to,class IV conversions) that are part of a construction activity that will result in the disturbance of one or more acres,and discharge to surface waters of the State; and 3. Any size construction activity discharging stormwater to waters of the State that Ecology: a) Determines to be a significant contributor of pollutants to waters of the State of Washington. b) Reasonably expects to cause a violation of any water quality standard. If there are known soil/ground water contaminants present on-site, additional information (including,but not limited to:temporary erosion and sediment control plans;stormwater pollution prevention plan; list of known contaminants with concentrations and depths found; a site map depicting the sample location(s);and additional studies/reports regarding contaminant(s))will be required to be submitted. You may apply online or obtain an application from Ecology's website at: ba://www.M.wa.gov/programs/Wg/stormwater/construction/-Application. Construction site operators must apply for a permit at least 60 days prior to discharging stormwater from construction activities and must submit it on or before the date of the first public notice. Ecology's comments are based upon information provided by the lead agency. As such,they may not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. If you have any questions or would like to respond to these comments,please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office (MI.,D:201806726) cc: Chris Montague-Breakwell,WQ James Thurman(Proponent) NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold public hearings at the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, February 5, 2019,at 9:30 A.M. SAID HEARING will be to consider adopting the following Development Areas (zoning) amendment: • Rezoning parcel #31929-32-00020 from Rural Residential 5 (RR5) to Rural Natural Resource (RNR); If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. If special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 15th day of January 2019 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal- Publish 2x: January 24&31, 2019 (Bill: Community Development-615 W.Alder, Shelton, WA 98584) Attachment B MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Lydia Buchheit DEPARTMENT: Community Services-Public Health EXT: 404 BRIEFING DATE: 1/7/19 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, lease provide only new information ITEM: Sub-contract for Family Education Support Services (FESS) for $40,000 from January 1, 2019- May 31, 2019. Funded by, Division of Behavioral Health Resources (DBHR) contract HCA #1763-94262, Community Prevention &Wellness Initiative in Shelton and North Mason communities. EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): This is a renewal plus expansion of previously contracted parenting education services as part of the Community Prevention &Wellness Initiative to serve both Shelton and the new program expansion into North Mason. This contract fulfills deliverables from our DBHR contract, which provides funding for our substance abuse prevention work. It includes state funding from the dedicated marijuana account. BUDGET IMPACTS: Already in 2019 budget through DBHR contract. RECOMMENDED OR REQUESTED ACTION: Add to Consent agenda for approval for 1/8/2019 ATTACHMENTS: Professional Services Contract # 2018-2019 #SAI Briefing Summary 1/2/2019 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT# 2018-2019#SA1 THIS CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Family Education Support Services (FESS), hereinafter referred to as"CONTRACTOR." Contracted Entity Family Education Support Services Address 1202 Black Lake Blvd. #B, City, State, Zip Code Olympia WA 98502-7207 Phone 360-754-7629 Primary Contact: Name, Shelly Willis Title Primary Contact: E-mail Shelly@Familyess.org Washington State UBI# 601-945-899 Federal EIN 91-2003171 DUNS Number 962-502-501 Total Award/Contract $40,000 Value Funding Source State DMA 334.04.6x Federal None Contract Term Duration Jan 1, 2019— May 31, 2019 County Contract Contact: Lydia Buchheit, Community Health Manager County Contact Email: I diab co.mason.wa.us County Contact Phone: 360-427-9670 ext. 404 Exhibits incorporated into Exhibit A: Scope of Work B: Insurance Requirements this Personal Service C:DSHS/DBHR Requirements D: DSHS/DBHR Data Contract by reference Security Requirements 1. PURPOSE The purpose of this contract/grant is to assist the COUNTY achieve its goals and deliverables in a Division of Behavioral Health and Recovery Community Wellness and Prevention grant. 2. DURATION OF CONTRACT The term of this contract/grant shall begin on Jan 1, 2019 and shall terminate on May 31, 2019. The terms and conditions of this contract may be extended upon mutual agreement of County and Contractor subject to availability of grant funds. 3. SCOPE OF SERVICES a. The CONTRACTOR/GRANTEE will provide services and staff, and otherwise do all things necessary for or incidental to the performance of work, as identified by the COUNTY in Appendix A. b. The CONTRACTOR/GRANTEE shall produce written reports, data, or other written documents (deliverables) as identified by the COUNTY in writing and detailed in Appendix A. c. The CONTRACTOR/GRANTEE shall identify measures that will be used to demonstrate outcomes that address and advance the goals of the Mason County Mental Health and Substance Abuse Program. d. All written reports required under this contract must be delivered to the Contract/Grant Manager designee, in accordance with the schedule set forth in Appendix A. e. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. 1 4. TERM: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties 5. COMPENSATION: CONTRACT total compensation is not to exceed $40,000. 6. GENERAL CONDITIONS a. Independent Contractor: (1) CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made here under and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. (2) CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit A and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. (3) The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. (4) CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys'fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. b. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. c. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. 2 d. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in Exhibit A. Where Exhibit"A" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit"A," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "A" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit"A". e. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A grit of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. f. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. g. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. h. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. L Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. j. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. k. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. I. Work Product: CONTRACTOR will provide COUNTY with all work product including; plans, data reports, prior to the release of the final payment for services. m. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: 4 (1) CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. (2) CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, and provided no reduction in performance or loss results to COUNTY. n. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys'fees and costs resulting from CONTRACTOR's breach of this provision. o. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. p. Insurance Requirements: At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements detailed in Exhibit B "Insurance Requirements." (1) Insurance as a Condition of Payment: Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT. Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt of evidence of full compliance, payments not otherwise subject to withholding or set-off will be released to CONTRACTOR. (2) Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. q. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. r. Defense and Indemnity Contract: (1) Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property(including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. (2) Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. (3) Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. (4) Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. s. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. t. Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand- delivery or other generally accepted manner including delivery services. u. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. v. Termination: (1) For Default: 6 If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. (2) For Public Convenience COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. (3) Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. w. Disputes: (1) Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. (2) The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for(a) any act or failure to act by the Administrative Officer of COUNTY, or (b)the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. (3) The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time 7 required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. x. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either parry may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. y. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. z. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. aa. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. bb. On-Site Monitoring: The Contractor shall conduct a subcontractor review which shall include at least one (1) on-site visit, annually, to each subcontractor site providing services to monitor fiscal and programmatic compliance with subcontract performance criteria for the purpose of documenting that the subcontractors are fulfilling the requirements of the subcontract. 8 7. CONTRACT MANAGEMENT The Contract Manager for each of the parties shall be the contact person for all communications and billings regarding the performance of this Contract. Invoices will be received and payments made to: Contractor Count Family Education and Support Services Mason County Community Services Contact: Shelly Willis Contact: Casey Bingham Address: 1202 Black Lake Blvd. #B 415 N. 6th Street - Olympia,WA 98502 Shelton, WA 98584 Phone: 360-754-7629 Phone: 427-9670 ext 562 Email: Shell Famil ess.or Email: Case b co.mason.wa.us a. CONTRACTOR/GRANTEE in performance of the work on this project and under this Contract and shall assume exclusive liability therefore, and meet all requirements there under pursuant to any rules or regulations. b. The CONTRACTOR/GRANTEE agrees to immediately remove any of its employees or agents from assignment to perform services under this Contract upon receipt of a written request to do so from the COUNTY's contract representative or designee. 8. Entire Contract This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. The contract may be altered, amended, or waived only by a written amendment executed by both parties. THIS CONTRACT, including all Appendices, is executed by the persons signing below who warrant that they have the authority to execute the contract. CONTRACTOR/GRANTEE COUNTY Shelly Willis Mason County Commissioner, Chair Title Date Date APPROVED AS TO FORM: Tim Whitehead, Chief DPA 9 EXHIBIT A SCOPE OF SERVICES Project: "Prevention Parenting (Guiding Good Choices/Strengthening Families)". 1. Project Objectives &Outcomes a. The project goal is aimed at the overall Community Health Improvement-Moving Mason Forward Campaign priority of (1) reducing substance abuse among youth through (2) improving understanding about substance abuse and (3) delaying the age of initial use of alcohol and marijuana. b. Program Objectives: The objective of this project is to increase Substance Abuse Education and Prevention capacity for the Shelton Prevention Education Partners (PEP). To provide support to the Community prevention and wellness initiative(CPWI) community to increase the capacity for the coalition to increase the prevention programming to our community youth and families. And provide dedicated outreach efforts in at least one prevention program identified in the coalitions Strategic Plan. c. Anticipated Program Outcomes: (1) 90% of participating parents will demonstrate an increase in self-reported application of appropriate ways of relating to, supporting, and guiding their children. (2) 80% of participating parents will demonstrate an increase in participation in their children's early childhood or school program. (3) 80% of participating parents will relate an increase in self-sufficiency skills including fiscal management and nutrition. (4) 80% of participating parents will demonstrate a reduction in parenting stress and isolation. (5) 80% of participating families will report an increase in life management and self-sufficiency skills access to community resources or fiscal literacy. 2. Project Deliverables/Activities a. Agency Background Family Education Support Services (FESS) is recognized in our community as a crucial resource for parents. FESS provides a wide array of parenting classes that range from prevention, to home visitation and intervention parenting classes. FESS has established relationships with local community partners including Family Court, Head Start, Parent to Parent, Catholic Community Services, Community Action Council, and Behavioral Health Resources. They also work closely with the DSHS Community Service office and Children's Administration. In addition, FESS provides annual parent training for the Squaxin and the Skokomish Tribes. This evidence-based curriculum being implemented in Mason County would be offered in partnership with other nonprofit organizations in an effort to increase the parental awareness and access to local resources. b. Program Course Information (1) The programs to be implemented are "Guiding Good Choices" and "Strengthening Families". The plan is to provide four series of classes in the Paid for by DBHR Special Funds for GGC/SF (Jan 1,2019 Through May 31, 2019). The classes would include: (a) Two Classes of each series (Guiding Good Choices and Strengthening Families). This would include a GGC series and Strengthening Families Series in North Mason and one in the Shelton Area of Mason County. Classes will be offered in collaboration with community partners-including local Schools, Tribes, and social service partners. 10 (b) FESS anticipates each class will serve a minimum of 15 adults and 15 youth totaling 30 individuals. Guiding Good Choices runs for a total of six sessions while Strengthening Families classes run for 7 weeks. FESS anticipate serving a minimum of 30 individuals (adults and youth) per series. (C) The evidence-based curriculums will welcome for families with an evening meal and family strengthening activity. Next, children engage in planned activities while parents spend time with the trained parenting Instructor. (Food costs are not included in this budget and will be coordinated with local partners). (2) Guiding Good Choices Guiding Good Choices is an evidence based parenting program with a strong focus on the prevention of Drug Use in Families. The class is presented in 6 sessions inclusive of an "orientation" night to help families connect. Class 11 Orientation: Orientation helps us to introduce the class agenda, capture demographic and base evaluation data, connect participants to each other, gain a perspective on what parents hope to capture by participating, introduce community resources, and set the tone for the remaining sessions. Class 2: How to Prevent Drug Use in Your Family Parents learn about the nature and extent of the drug problem among teenagers in general, and decide for themselves how they want to prevent problems in their own family. Parents also learn about risk and protective factors, adverse childhood experience, resilience and hope, through an interactive activity. Class 3: Setting Guidelines: How to Develop Healthy Beliefs and Clear Standards Parents develop clear family guidelines and expectations for behavior. Through small group discussions, parents explore how they feel about situations related to substance abuse, such as what they would do if their child were hanging around with someone who smokes, or whether their child should be allowed to drink alcohol on special occasions. Class 4: Avoiding Trouble: How to Say No to Drugs Both children and parents are invited to this session. They learn and practice refusal skills that children can use to stay out of trouble and keep their friends while still having fun. Class 5: Managing Conflict: How to Control and Express Your Anger Constructively Parents learn to manage family conflict in a way that maintains and strengthens bonds with their children. Class 6: Involving Everyone: How to Strengthen Family Bonds Parents learn ways to strengthen family bonds and increase children's involvement with the family during the teen years. Parents also learn how to create a parent support network. (3) Strengthening Families Parent Youth Family Parent Youth Family Using Love and Limits Having Goals and Dreams Supporting Goals and Dreams Making House Rules Appreciating Parents Appreciating Family Members Encouraging Good Behavior Dealing with Stress Using Family Meetings Using Consequences Following Rules Understanding Family Values Building Bridges I land ling Peer Pressure 1 Building Family Communication Protecting Against Substance Abuse Ilandling Peer Pressure 11 Reaching Our Goals Using Community Resources Reaching Out To Others Putting It All Together and Graduation 11 3. Subcontractor Requirements a. In the event of a contract termination of the subcontractor, Mason County will seek to ensure all available prevention/project data on services provided have been entered into the Substance Use Disorder Prevention and Mental Health Promotion Online Reporting System also called "Minerva". b. Subcontractor will distribute a grievance policy to all participants. c. Background Checks. (RCW 43.43, WAC 388-877 & 388-877B) (1) FESS shall ensure a criminal background check is conducted for all staff members, case managers, outreach staff members, etc. or volunteers who have unsupervised access to children, adolescents, vulnerable adults, and persons who have developmental disabilities. (2)When providing services to youth, the Contractor shall ensure that requirements of WAC 388- 06-0170 are met. d. Services and Activities to Ethnic Minorities and Diverse Populations (1) Ensure all services and activities provided by the Contractor or subcontractor under this Contract shall be designed and delivered in a manner sensitive to the needs of all diverse populations. (2) Initiate actions to ensure or improve access, retention, and cultural relevance of prevention or other appropriate services, for ethnic minorities and other diverse populations in need of prevention services as identified in their needs assessment. (3) Take the initiative to strengthen working relationships with other agencies serving these populations. The Contractor shall require its subcontractors to adhere to these requirements. 4. Reporting Requirements: Progress & Final Reports Activity Program Reports and Information Invoice Due Dates 1. Attendance by FESS representative in monthly 10"the of each month Jan Second Wednesday of each Shelton Prevention Education Partners and North 2019—May 2019 month. 4-5:30 PM. Shelton. 3rd Mason (PEP) Coalition Meetings Thursday of the month, 4- 5:30PM North Mason 2. FESS will report on course demographic and 101h the of each month County will provide form participation data following the completion of each following course course. completion 3. Billing invoices are due electronically by the 15'" 101h the of each month Submit electronically to: of Feb for the previous month work January 2019—June 2019 Casevb(a)co.mason.wa.us by COB Cc: Ben' co.mason.wa.us 4. FESS will submit required DBHR survey reports Series Report due 10 days Submit electronically to: on time to COUNTY via email following course Ben*(c)co.mason.wa.us completion--Final Report CC: Casevb o.co.mason.wa.us due 10th the of June 2019 5. Demonstrate program is following program fidelity Include in narrative reports due 5 model days after completion of each program course 6. Pre& Post Survey reviewed by County Prior to First Activity Submit electronically to: Ben co.mason.wa.us 7. Implementing Pre & Post Surveys approved by 101h the of each month Jan DBHR 2019—May 2019 if Data from Pre & Post Test applicable A progress &final report template will be provided to the contractor/grantee. In agency report narratives, please include your progress in completing the deliverables, as well as descriptions of how your deliverable met the project objectives and outcomes outlined above in section 1. 12 5. Performance Work Statement/ Evaluation. a. The Contractor shall ensure program results show positive outcomes for at least half of the participants in each program group as determined by Activity Log with individual participant sessions. b. "Positive outcomes" means that at least half of the participants in a group report positive improvement or maintenance as determined by the program measurable objective between pre and post-tests. c. Positive outcomes will be determined using the pre-test and post-test data reported to County d. Evaluation of data will occur on the 15th of the month following the final date of service for each group. (1) DSHS shall use the following protocol for evaluation: (a) Matched pre-test and post-test pairs will be used in the analysis. (b) To allow for normal attendance drop-off, a 20% leeway will be given for missing post-tests. (c) If there are missing post-tests for entered pre-tests in excess of 20% of pre-tests, missing post- test will be counted as a negative outcome. Example: there are ten (10) pre-tests and seven (7) post-tests. The denominator would be eight (8) and the maximum numerator would be seven (7). e. Costs for meals or food are not allowable to be paid with this grant funding. 6. Budget & Payments Personnel Coordinator(40 hours per series X 4=160 x$25hr $4,000 Instructor(40 hours per series X 4=160 @ $60hr) $9,600 Family Resource Specialist(outreach) (130hrs X $18hr) $2,250 Child Care providers 3 per series @$18hr X 125hrs $6,750 Personnel Subtotal $22,600 Supplies Office supplies and materials for children's activities $3,000 Workbook copies $1,000 Printing handouts/flyers/resources $800 Supplies Subtotal $4,800 Other Services and Charges Telephone/Cell costs $1,000 Marketing Campaign (flyers, promotional) $1,500 Accounting, audit and insurance $4,000 Other Services and Charges Subtotal $6,500 Travel/Training Mileage-car lease/or travel reimbursements $2,500 Training/lodging , Conferences and Seminars $3,600 Travel Subtotal $6,100 GRAND TOTAL 1 $40,000 Funding will be disbursed monthly upon submitting the program reports and expenditure invoices. Expenditures are cost related and reimbursable. Back up receipts must be kept of file by the sub-contractor available for review by the County. 13 EXHIBIT B INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: a. Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. b. Workers' Compensation on a state-approved policy form providing statutory benefits as required by law with employer's liability limits for CONTRACTOR's, with two (2) or more employees and/or volunteers, no less than $1,000,000 per accident for all covered losses. c. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non-owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONTRACTOR owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If CONTRACTOR or CONTRACTOR's employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person. 2. Certificate of Insurance: A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to COUNTY within five (5) days of CONTRACT execution. 3. Basic Stipulations: a. CONTRACTOR agrees to endorse third party liability coverage required herein to include as additional insureds COUNTY, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. CONTRACTOR also agrees to require all contractors, subcontractors, and anyone else involved in this CONTRACT on behalf of the CONTRACTOR (hereinafter"indemnifying parties") to comply with these provisions. b. CONTRACTOR agrees to waive rights of recovery against COUNTY regardless of the applicability of any insurance proceeds, and to require all indemnifying parties to do likewise. c. All insurance coverage maintained or procured by CONTRACTOR or required of others by CONTRACTOR pursuant to this CONTRACT shall be endorsed to delete the subrogation condition as to COUNTY, or must specifically allow the named insured to waive subrogation prior to a loss. d. All coverage types and limits required are subject to approval, modification and additional requirements by COUNTY. CONTRACTOR shall not make any reductions in scope or limits of coverage that may affect COUNTY's protection without COUNTY's prior written consent. e. CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to COUNTY, consisting of: a) certificate(s) of insurance evidencing all of the coverage's required and, b) an additional insured endorsement to CONTRACTOR's general liability policy using Insurance Services Office form CG 20 10 with an edition date prior to 2004. CONTRACTOR agrees, upon request by COUNTY to provide complete, certified copies of any policies required within 10 days of such request. COUNTY has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by COUNTY shall be charged to and promptly paid by CONTRACTOR or deducted from sums due CONTRACTOR. Any actual or alleged failure on the part of COUNTY or any other additional insured under these requirements to obtain proof of insurance required under this CONTRACT in no way waives any right or remedy of COUNTY or any additional insured, in this or in any other regard. 14 f. It is acknowledged by the parties of this CONTRACT that all insurance coverage required to be provided by CONTRACTOR or indemnifying party, is intended to apply first and on a primary non-contributing basis in relation to any other insurance or self-insurance available to COUNTY. g. CONTRACTOR agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to COUNTY. If CONTRACTOR's existing coverage includes a self-insured retention, the self- insured retention must be declared to the COUNTY. The COUNTY may review options with CONTRACTOR, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. h. CONTRACTOR will renew the required coverage annually as long as COUNTY, or its employees or agents face an exposure from operations of any type pursuant to this CONTRACT. This obligation applies whether or not the CONTRACT is canceled or terminated for any reason. Termination of this obligation is not effective until COUNTY executes a written statement to that effect. i. The limits of insurance as described above shall be considered as minimum requirements. Should any coverage carried by CONTRACTOR or a subcontractor of any tier maintain insurance with limits of liability that exceed the required limits or coverage that is broader than as outlined above, those higher limits and broader coverage shall be deemed to apply for the benefit of any person or organization included as an additional insured and those limits shall become the required minimum limits of insurance in all Paragraphs and Sections of this CONTRACT. j. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to COUNTY and approved of in writing. k. The requirements in this Exhibit supersede all other sections and provisions of this CONTRACT to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. I. Unless otherwise approved by COUNTY, insurance provided pursuant to these requirements shall be by insurers authorized to do business in Washington and with a minimum A.M. Best rating of A-:VII. m. All insurance coverage and limits provided by CONTRACTOR and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this CONTRACT limits the application of such insurance coverage. n. CONTRACTOR agrees require insurers, to provide notice to COUNTY thirty(30) days prior to cancellation of such liability coverage or of any material alteration or non-renewal of any such coverage, other than for non-payment of premium. CONTRACTOR shall assure that this provision also applies to any subcontractors, joint ventures or any other party engaged by or on behalf of contractor in relation to this agreement. Certificate(s) are to reflect that the issuer will provide thirty (30) days' notice to COUNTY of any cancellation of coverage. o. COUNTY reserves the right at any time during the term of the CONTRACT to change the amounts and types of insurance required by giving the CONTRACTOR ninety(90) days advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the COUNTY and CONTRACTOR may renegotiate CONTRACTOR's compensation. p. Requirements of specific coverage features are not intended as limitation on other requirements or as waiver of any coverage normally provided by any given policy. Specific reference to a coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all-inclusive. q. CONTRACTOR agrees to provide immediate notice to COUNTY of any claim or loss against CONTRACTOR arising out of the work performed under this agreement. COUNTY assumes no obligation or liability by such notice, but has the right(but not the duty)to monitor the handling of any such claim or claims if they are likely to involve COUNTY. 15 EXHIBIT C DSHS/DBHR CONTRACT REQUIREMENTS 1. All subcontractors are responsible for the following DSHS/DBHR contract requirements and conditions as applicable, when providing subcontracted services to patients, clients, or persons seeking assistance, which include but are not limited to: b. Audit requirements - OMB 2 CFR, Part 200, Subpart F (A-133) audit requirements if applicable to the subcontractor c. Authorizing facility inspection d. Background Checks e. Conflict of interest f. Debarment and suspension certification g. HIPAA Business Associate Agreement and Compliance adherence as outlined below h. Indemnification i. Nondiscrimination in employment j. Nondiscrimination in prevention activities k. Performance Based Contracts I. Providing data m. Records and reports n. Requirements outlined in the Data Sharing provision in the Contract o. Services provided in accordance with law and rule and regulation p. Treatment of assets q. . Unallowable use of federal funds 2. Applicable Law. This Contract contains links to both DSHS and Federal websites to provide references, information and forms for the Contractor's use. Links may break or become inactive if a website is reorganized; DSHS is not responsible for links that do not respond as expected. These legal resources identified below are incorporated by reference and include but are not limited to the following: a. 21 CFR Food and Drugs Chapter 1, Subchapter C, Drugs: General hftps://www.law.cornell.edu/cfr/text/21/chapter-1/subchapter-C b. 42 CFR Subchapter A--General Provisions Part 2 Confidentiality of Alcohol and Drug Abuse Patient Records https://www.law.cornell.ed u/cfr/text/42/chapter-I/subchapter-A 45 CFR Public Welfare, Part 96 Block Grants, Subpart L Substance Abuse Block Grant hftps://www.law.cornell.edu/cfr/texU45/part-96/subpart-L c. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards 2 CFR Part 200 in 45 CFR Part 75 https://www.law.cornell.edu/cfr/text/2/part-200 hftps://www.law.cornell.edu/cfr/text/45/part-75 d. Fiscal/Program Requirements (Formerly BARS) https://www.dshs.wa.gov/sites/default/files/BHSIA/dbh/Substance%2OUse/FY14%2OFiscal%2OProg ram%20Reguirements%20for%20SUD.pdf e. 2 CFR Part 200, Subpart F audit requirements for Federal Funding hftps://www.ecfr.gov/cqi-bin/text- idx?SID=ac8l3d7a3l efe588ae606093657fe484&mc=true&node=sp2.1.200.f&rgn=div6 16 3. HIPPA Compliance Definitions a. "Business Associate," as used in this Contract, means the "Contractor' and generally has the same meaning as the term "business associate" at 45 CFR 160.103. Any reference to Business Associate in this Contract includes Business Associate's employees, agents, officers, Subcontractors, third party contractors, volunteers, ordirectors. b. "Business Associate Agreement" means this HIPAA Compliance section of the Contract and includes the Business Associate provisions required by the U.S. Department of Health and Human Services, Office for Civil Rights. c. "Breach" means the acquisition, access, use, or disclosure of Protected Health Information in a manner not permitted under the HIPAA Privacy Rule which compromises the security or privacy of the Protected Health Information, with the exclusions and exceptions listed in 45 CFR 164.402. d. "Covered Entity" means DSHS, a Covered Entity as defined at 45 CFR 160.103, in its conduct of covered functions by its health care components. e. Designated Record Set" means a group of records maintained by or for a Covered Entity, that is: the medical and billing records about Individuals maintained by or for a covered health care provider; the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; or Used in whole or part by or for the Covered Entity to make decisions about Individuals. f. "Electronic Protected Health Information (EPHI)" means Protected Health Information that is transmitted by electronic media or maintained in any medium described in the definition of electronic media at 45 CFR 160.103. g. "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Pub. L. 104-191, as modified by the American Recovery and Reinvestment Act of 2009 ("ARRA"), Sec. 13400—13424, H.R. 1 (2009) (HITECH Act) h. HIPAA Rules" means the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Parts 160 and Part 164. i. "Individual(s)" means the person(s)who is the subject of PHI and includes a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g). j. "Minimum Necessary" means the least amount of PHI necessary to accomplish the purpose for which the PHI is needed. k. "Protected Health Information (PHI)" means individually identifiable health information created, received, maintained or transmitted by Business Associate on behalf of a health care component of the Covered Entity that relates to the provision of health care to an Individual; the past, present, or future physical or mental health or condition of an Individual; or the past, present, or future payment for provision of health care to an Individual. 45 CFR 160.103. PHI includes demographic information that identifies the Individual or about which there is reasonable basis to believe can be used to identify the Individual. 45 CFR 160.103. PHI is information transmitted or held in any form or medium and includes EPHI. 45 CFR 160.103. PHI does not include education records covered by the Family Educational Rights and Privacy Act, as amended, 20 USCA 1232g(a)(4)(B)(iv)or employment records held by a Covered Entity in its role as employer. 17 I. "Security Incident" means the attempted or successful unauthorized access, use, disclosure, modification or destruction of information or interference with system operations in an information system. m. "Subcontractor' as used in this HIPAA Compliance section of the Contract (in addition to its definition in the General Terms and Conditions) means a Business Associate that creates, receives, maintains, or transmits Protected Health Information on behalf of another Business Associate. n. "Use" includes the sharing, employment, application, utilization, examination, or analysis, of PHI within an entity that maintains such information. Business Associate shall perform all Contract duties, activities and tasks in compliance with HIPAA, the HIPAA Rules, and all attendant regulations as promulgated by the U.S. Departmentof Health and Human Services, Office of Civil Rights. 4. Use and Disclosure of PHI. Business Associate is limited to the following permitted and required uses or disclosures of PHI: a. Duty to Protect PHI. Business Associate shall protect PHI from, and shall use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 (Security Standards for the Protection of Electronic Protected Health Information) with respect to EPHI, to prevent the unauthorized Use or disclosure of PHI other than as provided for in this Contract or as required by law, for as long as the PHI is within its possession and control, even after the termination or expiration of this Contract. b. Minimum Necessary Standard. Business Associate shall apply the HIPAA Minimum Necessary standard to any Use or disclosure of PHI necessary to achieve the purposes of this Contract. See 45 CFR 164.514 (d)(2) through (d)(5). c. Disclosure as Part of the Provision of Services. Business Associate shall only Use or disclose PHI as necessary to perform the services specified in this Contract or as required by law, and shall not Use or disclose such PHI in any manner that would violate Subpart E of 45 CFR Part 164 (Privacy of Individually Identifiable Health Information) if done by Covered Entity, except for the specificuses and disclosures set forth below. d. Use for Proper Management and Administration. Business Associate may Use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. e. Disclosure for Proper Management and Administration. Business Associate may disclose PHI for the proper management and administration of Business Associate or to carry out the legal responsibilities of the Business Associate, provided the disclosures are required by law, or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been Breached. f. Impermissible Use or Disclosure of PHI. Business Associate shall report to DSHS in writing all Uses or disclosures of PHI not provided for by this Contract within one (1) business day of becoming aware of the unauthorized Use or disclosure of PHI, including Breaches of unsecured 18 PHI as required at 45 CFR 164.410 (Notification by a Business Associate), as well as any Security Incident of which it becomes aware. Upon request by DSHS, Business Associate shall mitigate,to the extent practicable, any harmful effect resulting from the impermissible Use or disclosure. g. Failure to Cure. If DSHS learns of a pattern or practice of the Business Associate that constitutes a violation of the Business Associate's obligations under the terms of this Contract and reasonable steps by DSHS do not end the violation, DSHS shall terminate this Contract, if feasible. In addition, If Business Associate learns of a pattern or practice of its Subcontractors that constitutes a violation of the Business Associate's obligations under the terms of their contract and reasonable steps by the Business Associate do not end the violation, Business Associate shall terminate the Subcontract, if feasible. h. Termination for Cause. Business Associate authorizes immediate termination of this Contract by DSHS, if DSHS determines that Business Associate has violated a material term of this Business Associate Agreement. DSHS may, at its sole option, offer Business Associate an opportunity to cure a violation of this Business Associate Agreement before exercising a termination for cause. i. Consent to Audit. Business Associate shall give reasonable access to PHI, its internal practices, records, books, documents, electronic data and/or all other business information received from, or created or received by Business Associate on behalf of DSHS, to the Secretary of DHHS and/or to DSHS for use in determining compliance with HIPAA privacy requirements. j. Obligations of Business Associate Upon Expiration or Termination. Upon expiration or termination of this Contract for any reason, with respect to PHI received from DSHS, or created, maintained, or received by Business Associate, or any Subcontractors, on behalf of DSHS, Business Associate shall: (1) Retain only that PHI which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; (2) Return to DSHS or destroy the remaining PHI that the Business Associate or any Subcontractors still maintain in any form; (3) Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 (Security Standards for the Protection of Electronic Protected Health Information) with respect to Electronic Protected Health Information to prevent Use or disclosure of the PHI, other than as provided for in this Section, for as long as Business Associate or any Subcontractors retain the PHI; (4) Not Use or disclose the PHI retained by Business Associate or any Subcontractors other than for the purposes for which such PHI was retained and subject to the same conditions set out in the "Use and Disclosure of PHI" section of this Contract which applied prior to termination; and (5) Return to DSHS or destroy the PHI retained by Business Associate, or any Subcontractors, when it is no longer needed by Business Associate for its proper management and administration or to carry out its legal responsibilities. k. Survival. The obligations of the Business Associate under this section shall survive the termination or expiration of this Contract. 5. Individual Rights a. Accounting of Disclosures. (1) Business Associate shall document all disclosures, except those disclosures that are exempt under 45 CFR 164.528, of PHI and information related to such disclosures. 19 (2)Within ten (10) business days of a request from DSHS, Business Associate shall make available to DSHS the information in Business Associate's possession that is necessary for DSHS to respond in a timely manner to a request for an accounting of disclosures of PHI by the Business Associate. See 45 CFR 164.504(e)(2)(ii)(G) and 164.528(b)(1). (3) At the request of DSHS or in response to a request made directly to the Business Associate by an Individual, Business Associate shall respond, in a timely manner and in accordance with HIPAA and the HIPAA Rules, to requests by Individuals for an accounting of disclosures of PHI. (4) Business Associate record keeping procedures shall be sufficient to respond to a request for an accounting under this section for the six (6) years prior to the date on which the accounting was requested. b. Access (1) Business Associate shall make available PHI that it holds that is part of a Designated Record Set when requested by DSHS or the Individual as necessary to satisfy DSHS's obligations under 45 CFR 164.524 (Access of Individuals to Protected Health Information). (2) When the request is made by the Individual to the Business Associate or if DSHS asks the Business Associate to respond to a request, the Business Associate shall comply with requirements in 45 CFR 164.524 (Access of Individuals to Protected Health Information) on form, time and manner of access. When the request is made by DSHS, the Business Associate shall provide the records to DSHS within ten (10) business days. c. Amendment. (1) If DSHS amends, in whole or in part, a record or PHI contained in an Individual's Designated Record Set and DSHS has previously provided the PHI or record that is the subject of the amendment to Business Associate, then DSHS will inform Business Associate of the amendment pursuant to 45 CFR 164.526(c)(3) (Amendment of Protected Health Information). (2) Business Associate shall make any amendments to PHI in a Designated Record Set as directed by DSHS or as necessary to satisfy DSHS's obligations under 45 CFR 164.526 (Amendment of Protected Health Information). 6. Subcontracts and other Third Party Agreements. In accordance with 45 CFR 164.502(e)(1)(ii), 164.504(e)(1)(i), and 164.308(b)(2), Business Associate shall ensure that any agents, Subcontractors, independent contractors or other third parties that create, receive, maintain, or transmit PHI on Business Associate's behalf, enter into a written contract that contains the same terms, restrictions, requirements, and conditions as the HIPAA compliance provisions in this Contract with respect to such PHI. The same provisions must also be included in any contracts by a Business Associate's Subcontractor with its own business associates as required by 45 CFR 164.314(a)(2)(b) and 164.504(e)(5). 7. Obligations. To the extent the Business Associate is to carry out one or more of DSHS's obligation(s) under Subpart E of 45 CFR Part 164 (Privacy of Individually Identifiable Health Information), Business Associate shall comply with all requirements that would apply to DSHS in the performance of such obligation(s). 8. Liability. Within ten (10) business days, Business Associate must notify DSHS of any complaint, enforcement or compliance action initiated by the Office for Civil Rights based on an allegation of violation of the HIPAA Rules and must inform DSHS of the outcome of that action. Business Associate bears all responsibility for any penalties, fines or sanctions imposed against the Business Associate for violations of the HIPPA Rules and for any imposed against its Subcontractors or agents for which it is found liable. 20 9. Breach Notification a. In the event of a Breach of unsecured PHI or disclosure that compromises the privacy or security of PHI obtained from DSHS or involving DSHS clients, Business Associate will take all measures required by state or federal law. b. Business Associate will notify DSHS within one (1) business day by telephone and in writing of any acquisition, access, Use or disclosure of PHI not allowed by the provisions of this Contract or not authorized by HIPAA Rules or required by law of which it becomes aware which potentially compromises the security or privacy of the Protected Health Information as defined in 45 CFR 164.402 (Definitions). c. Business Associate will notify the DSHS Contact shown on the cover page of this Contract within one (1) business day by telephone or e-mail of any potential Breach of security or privacy of PHI by the Business Associate or its Subcontractors or agents. Business Associate will follow telephone or e- mail notification with a faxed or other written explanation of the Breach, to include the following: date and time of the Breach, date Breach was discovered, location and nature of the PHI, type of Breach, origination and destination of PHI, Business Associate unit and personnel associated with the Breach, detailed description of the Breach, anticipated mitigation steps, and the name, address, telephone number, fax number, and e-mail of the individual who is responsible as the primary point of contact. Business Associate will address communications to the DSHS Contact. Business Associate will coordinate and cooperate with DSHS to provide a copy of its investigation and other information requested by DSHS, including advance copies of any notifications required for DSHS review before disseminating and verification of the dates notifications were sent. d. If DSHS determines that Business Associate or its Subcontractor(s) or agent(s) is responsible for a Breach of unsecured PHI: (1) requiring notification of Individuals under 45 CFR § 164.404 (Notification to Individuals), Business Associate bears the responsibility and costs for notifying the affected Individuals and receiving and responding to those Individuals' questions or requests for additional information; (2) requiring notification of the media under 45 CFR§ 164.406 (Notification to the media), Business Associate bears the responsibility and costs for notifying the media and receiving and responding to media questions or requests for additional information; (3) requiring notification of the U.S. Department of Health and Human Services Secretary under 45 CFR § 164.408 (Notification to the Secretary), Business Associate bears the responsibility and costs for notifying the Secretary and receiving and responding to the Secretary's questions or requests for additional information; and (4) DSHS will take appropriate remedial measures up to termination of this Contract. 10. Miscellaneous Provisions. a. Regulatory References. A reference in this Contract to a section in the HIPAA Rules means the section as in effect or amended. b. Interpretation. Any ambiguity in this Contract shall be interpreted to permit compliance with the HIPAA Rules 21 EXHIBIT D DSHS/DBHR DATA SECURITY REQUIREMENTS 1. Definitions. The words and phrases listed below, as used in this Exhibit, shall each have the following definitions: a. "Authorized User(s)" means an individual or individuals with an authorized business requirement to access DSHS Confidential Information. b. "Hardened Password" means a string of at least eight characters containing at least one alphabetic character, at least one number and at least one special character such as an asterisk, ampersand or exclamation point. c. "Unique User ID" means a string of characters that identifies a specific user and which, in conjunction with a password, passphrase or other mechanism, authenticates a user to an information system. 2. Data Transport. When transporting DSHS Confidential Information electronically, including via email, the Data will be protected by: a. Transporting the Data within the (State Governmental Network) SGN or Contractor's internal network, or; b. Encrypting any Data that will be in transit outside the SGN or Contractor's internal network. This includes transit over the public Internet. 3. Protection of Data. The Contractor agrees to store Data on one or more of the following media and protect the Data as described: a. Hard disk drives. Data stored on local workstation hard disks. Access to the Data will be restricted to Authorized User(s) by requiring logon to the local workstation using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. b. Network server disks. Data stored on hard disks mounted on network servers and made available through shared folders. Access to the Data will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Data on disks mounted to such servers must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. For DSHS Confidential Information stored on these disks, deleting unneeded Data is sufficient as long as the disks remain in a Secured Area and otherwise meet the requirements listed in the above paragraph. Destruction of the Data as outlined in Section 5. Data Disposition may be deferred until the disks are retired, replaced, or otherwise taken out of the Secured Area. 22 c. Optical discs (CDs or DVDs) in local workstation optical disc drives. Data provided by DSHS on optical discs which will be used in local workstation optical disc drives and which will not be transported out of a Secured Area. When not in use for the contracted purpose, such discs must be locked in a drawer, cabinet or other container to which only Authorized Users have the key, combination or mechanism required to access the contents of the container. Workstations which access DSHS Data on optical discs must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. d. Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data provided by DSHS on optical discs which will be attached to network servers and which will not be transported out of a Secured Area. Access to Data on these discs will be restricted to Authorized Users through the use of access control lists which will grant access only after the Authorized User has authenticated to the network using a Unique User ID and Hardened Password or other authentication mechanisms which provide equal or greater security, such as biometrics or smart cards. Data on discs attached to such servers must be located in an area which is accessible only to authorized personnel, with access controlled through use of a key, card key, combination lock, or comparable mechanism. e. Paper documents. Any paper records must be protected by storing the records in a Secured Area which is only accessible to authorized personnel. When not in use, such records must be stored in a locked container, such as a file cabinet, locking drawer, or safe, to which only authorized persons have access. f. Remote Access. Access to and use of the Data over the State Governmental Network (SGN) or Secure Access Washington (SAW) will be controlled by DSHS staff who will issue authentication credentials (e.g. a Unique User ID and Hardened Password) to Authorized Users on Contractor staff. Contractor will notify DSHS staff immediately whenever an Authorized User in possession of such credentials is terminated or otherwise leaves the employ of the Contractor, and whenever an Authorized User's duties change such that the Authorized User no longer requires access to perform work for this Contract. g. Data storage on portable devices or media. (1) Except where otherwise specified herein, DSHS Data shall not be stored by the Contractor on portable devices or media unless specifically authorized within the terms and conditions of the Contract. If so authorized, the Data shall be given the following protections: (a) Encrypt the Data with a key length of at least 128 bits (b) Control access to devices with a Unique User ID and Hardened Password or stronger authentication method such as a physical token or biometrics. (c) Manually lock devices whenever they are left unattended and set devices to lock automatically after a period of inactivity, if this feature is available. Maximum period of inactivity is 20 minutes. Physically Secure the portable device(s) and/or media by (d) Keeping them in locked storage when not in use (e) Using check-in/check-out procedures when they are shared, and (f) Taking frequent inventories 23 (2) When being transported outside of a Secured Area, portable devices and media with DSHS Confidential Information must be under the physical control of Contractor staff with authorization to access the Data. (3) Portable devices include, but are not limited to; smart phones, tablets, flash memory devices (e.g. USB flash drives, personal media players), portable hard disks, and laptop/notebook/netbook computers if those computers may be transported outside of a Secured Area. (4) Portable media includes, but is not limited to; optical media (e.g. CDs, DVDs), magnetic media (e.g. floppy disks, tape), or flash media (e.g. CompactFlash, SD, MMC). h. Data stored for backup purposes. (1) DSHS data may be stored on portable media as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. Such storage is authorized until such time as that media would be reused during the course of normal backup operations. If backup media is retired while DSHS Confidential Information still exists upon it, such media will be destroyed at that time in accordance with the disposition requirements in Section 5. Data Disposition (2) DSHS Data may be stored on non-portable media (e.g. Storage Area Network drives, virtual media, etc.) as part of a Contractor's existing, documented backup process for business continuity or disaster recovery purposes. If so, such media will be protected as otherwise described in this exhibit. If this media is retired while DSHS Confidential Information still exists upon it, the data will be destroyed at that time in accordance with the disposition requirements in Section 5. Data Disposition. 4. Data Segregation. a. DSHS Data must be segregated or otherwise distinguishable from non-DSHS data. This is to ensure that when no longer needed by the Contractor, all DSHS Data can be identified for return or destruction. It also aids in determining whether DSHS Data has or may have been compromised in the event of a security breach. As such, one or more of the following methods will be used for data segregation. b. DSHS Data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will contain no non-DSHS data. And/or, c. DSHS Data will be stored in a logical container on electronic media, such as a partition or folder dedicated to DSHS Data. And/or, d. DSHS Data will be stored in a database which will contain no non-DSHS data.And/or, e. DSHS Data will be stored within a database and will be distinguishable from non-DSHS data by the value of a specific field or fields within database records. f. When stored as physical paper documents, DSHS Data will be physically segregated from non- 24 DSHS data in a drawer, folder, or other container. g. When it is not feasible or practical to segregate DSHS Data from non-DSHS data, then both the DSHS Data and the non-DSHS data with which it is commingled must be protected as described in this exhibit. 6. Data Disposition. When the contracted work has been completed or when no longer needed, except as noted in Section 3. Protection of Data b. Network Server Disks above, Data shall be returned to DSHS or destroyed. Media on which Data may be stored and associated acceptable methods of destruction are as follows: Data stored on: Will be destroyed by: Server or workstation hard disks, or Using a "wipe" utility which will overwrite the Data at least three (3) times using either random or single Removable media (e.g. floppies, USB flash drives, character data, or portable hard disks) excluding optical discs Degaussing sufficiently to ensure that the Data cannot be reconstructed, or Physically destroying the disk Paper documents with sensitive or Confidential Recycling through a contracted firm provided the Information contract with the recycler assures that the confidentiality of Data will be protected. Paper documents containing Confidential Information On-site shredding, pulping, or incineration requiring special handling (e.g. protected health information) Optical discs (e.g. CDs or DVDs) Incineration, shredding, or completely defacing the readable surface with a coarse abrasive Magnetic tape Degaussing, incinerating or crosscut shredding 6. Notification of Compromise or Potential Compromise. The compromise or potential compromise of DSHS shared Data must be reported to the DSHS Contact designated in the Contract within one (1) business day of discovery. If no DSHS Contact is designated in the Contract, then the notification must be reported to the DSHS Privacy Officer at dshsprivacyofficer@dshs.wa.gov. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law or DSHS. 7. Data shared with Subcontractors. If DSHS Data provided under this Contract is to be shared with a subcontractor, the Contract with the subcontractor must include all of the data security provisions within this Contract and within any amendments, attachments, or exhibits within this Contract. If the Contractor cannot protect the Data as articulated within this Contract, then the contract with the sub- Contractor must be submitted to the DSHS Contact specified for this contract for review and approval. 25 PUBLIC WORKS MONDAY,JANUARY 7,2019— BRIEFING ITEMS FROM PUBLIC WORKS (For Commissioners Meeting January 15, 2019) Items for this meeting are due to Diane Zoren on Wednesday,January 9, 2019 5.0 CORRESPONDENCE AND ORGANIZATIONAL BUSINESS (None) 8.0 APPROVAL OF ACTION ITEM • Loan Resolution for Beards Cove Water Meter Project USDA Funding • Bond Resolution for Beards Cove Water Meter Project USDA Funding 9.0 OTHER BUSINESS (None) 10.0 PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME (None) DISCUSSION ITEMS: • Skokomish Executive Session Tuesday, January 29h 1:00pm—3:00pm Skokomish Community Hall • GIS Position Attendees: Commissioners: Public Works: Other Dept.: Press: Public: _Randy Neatherlin _Jerry Hauth List below: List below List Below: _Kevin Shutty _Diane Sheesley _Sharon Trask _Bart Stepp _Loretta Swanson Others-List below: 1 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Bart Stepp, Deputy Director/ Utilities and Waste Management DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: January 7, 2019 PREVIOUS BRIEFING DATE: March 13, 2017 and June 4, 2018 ITEM: Loan Resolution for Beards Cove Water Meter Project USDA Funding EXECUTIVE SUMMARY: Previously the Board approved submitting an application to USDA for funding of a project that would install an Automatic Meter Reading (AMR) system and water service meters at the Beards Cove and Rustlewood Water Systems. The Beards Cove water system was approved for a loan but the Rustlewood system was not. In order to secure the loan funding for Beards Cove a bond is needed. In June of 2018 the Board approved a Loan Resolution, prior to bid opening, of $166,000. The bids were higher than anticipated and $107,400 in additional USDA funding was requested to cover the higher costs. Attached is the loan resolution that is required to be approved and signed for the additional loan funds. Separately, a bond resolution that covers all of the $273,400 funding the County will receive from USDA is needed. Cost Impact to the County: The total project cost for both water systems is estimated at $557,000. The loans from USDA will cover $273,400 or roughly two thirds of the cost of the Beards Cove portion. The remaining Beards Cove portion will be paid for by the Beards Cove Reserve Fund (#429). The Rustlewood portion of the project will be paid for by REET 2 funds. These costs were included in the 2018 and 2019 budget for both systems. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve the Loan Resolution for the Beards Cove Water Meter Project for $107,400 in addition to the loan resolution the Board passed in 2018 for $166,000. Attachment: Loan Resolution (RUS Bulletin 1780-27) Briefmg Summary A Position 5 RUS BULLETIN 1780-27 APPROVED OUR No.0572-0121 LOAN RESOLUTION (Public Bodies) A RESOLUTION OF THE Board of County Commissioners OF THE Mason County, Washington AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING,ENLARGING,BeROVING,AND/OR EXTENDING ITS Beards Cove Water System FACILITY TO SERVE AN AREA LAWFULLY WITHIN ITS JURISDICTION TO SERVE. WHEREAS,it is necessary for the Mason County, Washington (Public Body) (herein after called Association)to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of One Hundred and Seven Thousand, Four Hundred & 00/100 Dollars pursuant to the provisions of RCW 39.46.070 ;and WHEREAS,the Association intends to obtain assistance from the United States Department of Agriculture, (herein called the Government)acting under the provisions of the Consolidated Farm and Rural Development Act(7 U.S.C.1921 et seq.)in the planning.financing,and supervision of such undertaking and the purchasing of bonds lawfully issued,in the event that no other acceptable purchaser for such bonds is found by the Association: NOW THEREFORE,in consideration of the premises the Association hereby resolves: 1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing such items and in such forms as are required by State statutes and as are agreeable and acceptable to the Goverment. 2. To refinance the unpaid balance,in whole or in part,of its bonds upon the request of the Goverment if at any time it shall appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods of time as required by section 333(c)of said Consolidated Farm and Rural Development Act(7 U.S.C.1983(c)). 3. To provide for,execute,and comply with Form RD 4004,"Assurance Agreement,"and Form RD 400-1,"Equal Opportunity Agreement,"including an"Equal Opportunity Clause,"which clause is to be incorporated in,or attached as a rider to,each construction contract and subcontract involving in excess of$10,000. 4. To indemnify the Goverment for any payments made or losses suffered by the Government on behalf of the Association. Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal ly per- missible source. 5. That upon default in the payments of any principal and accrued interest on the bonds or in the performance of any covenant or agreement contained herein or in the instruments incident to making or insuring the loan,the Government at its option may(a)declare the entire principal amount then outstanding and accrued interest immediately due and payable,(b)for the account of the Association(payable from the source of funds pledged to pay the bonds or any other legally permissible source),incur and pay reasonable expenses for repair,maintenance,and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default,and/or(c)take possession of the facility,repair,maintain,and operate or rent it.Default under the provisions of this resolution or any instrument incident to the making or insuring of the loan may be construed by the Government to constitute default under any other instrument held by the Goverment and executed or assumed by the Association,and default under any such instrument may be construed by the Goverment to constitute default hereunder. 6. Not to sell,transfer,lease,or otherwise encumber the facility or any portion thereof,or interest therein,or permit others to do so,without the prior written consent of the Government. 7. Not to defense the bonds,or to borrow money,enter into any contractor agreement,or otherwise incur any liabilities for any purpose in connection with the facility(exclusive of normal maintenance)without the prior written consent of the Government if such undertaking would involve the source of funds pledged to pay the bonds. 8. To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government.Funds may be deposited in institutions insured by the State or Federal Goverment or invested in readily marketable securities backed by the fiill faith and credit of the United States.Any income from these accounts will be considered as revenues of the system. 9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility in good condition. 10. To provide for the receipt of adequate revenues to meet the requirements of debt service,operation and maintenance,and the establishment of adequate reserves.Revenue accumulated over and above that needed to pay operating and mainte- nance,debt service and reserves may only be retained or used to make prepayments on the loan.Revenue cannot be used to pay any expenses which are not directly incurred for the facility financed by USDA.No free service or use of the facility will be permitted According to the Paperwork Reduction Act of 1995,an agency may not conductor sponsor,and a person is not required to respond to,a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0572-0121. The time required to complete this information collection is estimated to average I hour per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed and completing and reviewing the collection of information. A -2- 11. To acquire and maintain such insurance and fidelity bond coverage as may be required by the Government. 12. To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to provide for required audit thereof as required by the Government,to provide the Government a copy of each such audit without its request,and to forward to the Government such additional information and reports as it may from time to time require. 13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to the property of the system so that the Government may ascertain that the Association is complying with the provisions hereof and of the instruments incident to the making or insuring of the loan. 14. That if the Government requires that a reserve account be established,disbursements from that account(s)may be used when necessary for payments due on the bond if sufficient fimds are not otherwise available and prior approval of the Government is obtained. Also,with the prior written approval of the Government,funds may be withdrawn and used for such things as emergency maintenance,extensions to facilities and replacement of short lived assets. 15. To provide adequate service to all persons within the service area who can feasibly and legally be served and to obtain USDA's concurrence prior to refusing new or adequate services to such persons.Upon failure to provide services which are feasible and legal,such person shall have a direct right of action against the Association or public body. 16. To comply with the measures identified in the Government's environmental impact analysis for this facility for the pur- pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation. 17. To accept a grant in an amount not to exceed$ 0 under the terms offered by the Government;that the n/a and n/a of the Association are hereby authorized and empowered to take all action necessary or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant;and to operate the facility under the terms offered in said grant agreement(s). The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan,unless otherwise specifically provided by the terms of such instrument, shall be binding upon the Association as long as the bonds are held or insured by the Government or assignee.The provisions of sections 6 through 17 hereof may be provided for in more specific detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof these provisions shall be construed as controlling between the Association and the Government or assignee. The vote was: Yeas Nays Absent 1Nw1TNESSWBEREOF,the Board of County Commissioners of the Mason County, Washington has duly adopted this resolution and caused it to be executed by the officers below in duplicate on this day of January, 2019 (SEAL) By Attest: Title Title OL ` -3- CERTIFICATION TO BE EXECUTED AT LOAN CLOSING I,the undersigned,as of the Mason County, Washington hereby certify that the Board of County Commissioners of such Association is composed of members,of whom, constituting a quorum,were present at a meeting thereof duly called and held on the day of January, 2019 and that the foregoing resolution was adopted at such meeting by the vote shown above,I further certify that as of the date of closing of the loan from the United States Department of Agriculture,said resolution remains in effect and has not been rescinded or amended in any way. Dated,this day of January, 2019 Title MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Bart Stepp, Deputy Director/ Utilities and Waste Management DEPARTMENT: Public Works EXT: 652 BRIEFING DATE: January 7, 2019 PREVIOUS BRIEFING DATE: March 13, 2017 and June 4, 2018 ITEM: Bond Resolution for Beards Cove Water Meter Project USDA Funding EXECUTIVE SUMMARY: Previously the Board approved submitting an application to USDA for funding of a project that would install an Automatic Meter Reading (AMR) system and water service meters at the Beards Cove and Rustlewood Water Systems. The Beards Cove water system was approved for a loan but the Rustlewood system was not. In order to secure the loan funding for Beards Cove a bond is needed. In June of 2018 the Board approved a Loan Resolution, prior to bid opening, of $166,000. The bids were higher than anticipated and $107,400 in additional USDA funding was requested to cover the higher costs. Attached is the bond resolution that is required to be approved and signed. This resolution covers all of the $273,400 funding the County will receive from USDA. Cost Impact to the County: The total project cost for both water systems is estimated at $557,000. The loans from USDA will cover $273,400 or roughly two thirds of the cost of the Beards Cove portion. The remaining Beards Cove portion will be paid for by the Beards Cove Reserve Fund (#429). The Rustlewood portion of the project will be paid for by REET 2 funds. These costs were included in the 2018 and 2019 budget for both systems. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve the Bond Resolution for the Beards Cove Water Meter Project. Attachment: Bond Resolution Briefing Summary MASON COUNTY, WASHINGTON RESOLUTION NO. A RESOLUTION of Mason County, Washington, providing for the issuance, sale and delivery of a taxable Limited Tax General Obligation Bond, Series 2018 (payable from water revenues of the Beards Cove Area), in the principal amount of not to exceed $166,000, and a taxable Limited Tax General Obligation Bond, Series 2019 (payable from water revenues of the Beards Cove Area), in the principal amount of not to exceed $107,400, to provide funds necessary to acquire and install water meters in the Beards Cove Area of the County; fixing the terms and covenants of such bonds; approving the sale and providing for the delivery of the bonds to the United States of America, acting through the Department of Agriculture Rural Utilities Service; and providing for other matters properly relating thereto. Passed January 15, 2019 This document prepared by: Foster Pepper PLLC 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 (206) 447-4400 52936116.6 TABLE OF CONTENTS Section1. Definitions............................................................................................................... 1 Section 2. Findings and Determinations.................................................................................. 3 Section 3. Authorization and Description of the Bonds ..........................................................4 Section4. Extra Payments.......................................................................................................4 Section 5. Failure to Pay Installments...................................................................................... 5 Section 6. Execution, Issuance and Delivery of the Bonds and Related Documents.............. 5 Section 7. Registration and Transfer of the Bonds. ................................................................. 6 Section 8. Payment of the Bonds............................................................................................. 6 Section 9. Priority of Payments from Water Fund................................................................... 6 Section10. Bond Fund............................................................................................................... 7 Section 11. Pledge of Taxation and Credit................................................................................ 7 Section 12. Pledge of Water Revenue........................................................................................ 8 Section 13. Deposit of Bond Proceeds....................................................................................... 8 Section14. Reserve Account..................................................................................................... 8 Section 15. Short-Lived Asset Reserve Account....................................................................... 9 Section 16. Refunding or Defeasance of the Bonds .................................................................. 9 Section17. Sale of the Bonds.................................................................................................... 9 Section 18. Reporting Requirements......................................................................................... 9 Section 19. Ratification of the 2018 Bond............................................................................... 10 Section 20. General Authorization........................................................................................... 10 Section21. Severability........................................................................................................... 10 Section 22. Effective Date of Resolution................................................................................. 10 52936116.6 MASON COUNTY, WASHINGTON RESOLUTION NO. A RESOLUTION of Mason County, Washington, providing for the issuance, sale and delivery of a taxable Limited Tax General Obligation Bond, Series 2018 (payable from water revenues of the Beards Cove Area), in the principal amount of not to exceed $166,000, and a taxable Limited Tax General Obligation Bond, Series 2019 (payable from water revenues of the Beards Cove Area), in the principal amount of not to exceed $107,400, to provide funds necessary to acquire and install water meters in the Beards Cove Area of the County; fixing the terms and covenants of such bonds; approving the sale and providing for the delivery of the bonds to the United States of America, acting through the Department of Agriculture Rural Utilities Service; and providing for other matters properly relating thereto. THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON,DOES RESOLVE AS FOLLOWS: Section 1. Definitions. As used in this resolution the following words shall have the following meanings: (a) "Beards Cove Area"means the area as shown on the maps attached as Exhibit A. (b) "Beards Cove Water Fund"means the Beards Cove Water Fund of the County. (c) "Board" means the Board of Commissioners of Mason County, the general legislative authority of the County. (d) "Bond Fund" means the "Mason County RD Limited Tax General Obligation Bond Fund, 2018/2019" created for the payment of the principal of and interest on the Bonds. (e) "Bond Register"means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of the Bonds. (f) "Bond Registrar" means the Treasurer of the County, or any successor bond registrar selected by the County. (g) "Bonds" means the 2018 Bond and the 2019 Bond. (h) "Costs of Maintenance and Operation" means all necessary operating expenses, current maintenance expenses, expenses of reasonable upkeep and repairs, and insurance and administrative expenses, but excludes depreciation, payments for debt service or into reserve -1- 52936116.6 accounts and costs of capital additions to or replacements of the System, taxes levied by the County or payments in lieu of such taxes. (i) "County" means Mason County, Washington, a municipal corporation duly organized and existing under the laws of the State. 0) "Gross Revenue" means all of the earnings, revenue and money, except utility local improvement district assessments, received by the County from or on account of the operation of the Beards Cove Area of the System including proceeds from the sale, lease or other disposition of any of the properties or facilities of the System in the Beards Cove Area, and the income from investments of money in the Beards Cove Water Fund. Gross Revenue shall not include grants or bond proceeds, but shall include federal or state reimbursements of operating expenses to the extent such expenses are included as Costs of Maintenance and Operation. (k) "Letters of Conditions" means the letter from USDA to the County dated December 7, 2017, as amended on January 10, 2018, and as further amended on February 15, 2018, and the letter from USDA to the County dated August 9, 2018, establishing the conditions under which USDA would loan money to the County to finance the Project. (1) "Project" means the acquisition and installation of water meters in the Beards Cove Area of the County. Incidental costs incurred in connection with carrying out and accomplishing the Project, consistent with RCW 39.46.070, may be included as costs of the Project. The Project includes acquisition, construction and installation of all necessary furniture, equipment, apparatus, accessories, fixtures and appurtenances. (m) "Purchaser" means the United States of America, acting through the Department of Agriculture Rural Utilities Service. (n) "RCW' means the Revised Code of Washington. (o) "Registered Owner" means the entity or person named as the registered owner of the Bonds on the Bond Register, initially the United States of America, acting through the Department of Agriculture. (p) "Rural Development Form Loan Resolution" means each Rural Development Form Loan Resolution (Form RD 1780-27) pursuant to the loan conditions established by the Purchaser. (q) "Senior Lien Bonds"means any revenue bonds,revenue warrants or other revenue obligations of the County that have a lien on money in the Beards Cove Water Fund to pay and secure the payment of the principal thereof and interest thereon senior to all other revenue obligations of the System and subject to the Costs of Maintenance and Operation. There are currently no Senior Lien Bonds outstanding. (r) "System" means the existing water system and distribution system of the County and such improvements or additions as may be made to such system and shall include the -2- 52936116.6 sanitary sewer system of the County and/or the storm drainage system of the County if either is or both are ever combined with the water system. (s) "State"means the State of Washington. (t) "2018 Bond" means the not to exceed $166,000 principal amount Limited Tax General Obligation Bond, Series 2018, authorized to be issued by this resolution and purchased by USDA pursuant to the terms of the Letters of Conditions. (u) "2019 Bond" means the not to exceed $107,400 principal amount Limited Tax General Obligation Bond, Series 2019, authorized to be issued by this resolution and purchased by USDA pursuant to the terms of the Letters of Conditions. (v) "USDA" means the United States of America, acting through the United States Department of Agriculture, Rural Utilities Service, an agency in Rural Development. Section 2. Findings and Determinations. The County takes note of the following facts and makes the following findings and determinations: (a) Authority and Description of the Project. The County has created a water supply and distribution system (the "System"). The County has authorized the undertaking of acquiring and installing water meters in the Beards Cove Area (the "Project"), the total cost of which is estimated to be$436,794. (b) Debt Capacity. The maximum amount of indebtedness authorized by this resolution is $273,400. Based on the following facts, this amount is to be issued within the amount permitted to be issued by the County for general municipal purposes without a vote: (i) The assessed valuation of the taxable property within the County as ascertained by the last preceding assessment for County purposes for collection in the calendar year 2019 is $8,213,805,407. (ii) As of December 12, 2018, the County had limited tax general obligation indebtedness, consisting of bonds, notes and conditional sales contracts outstanding in the principal amount of$19,883,355, which is incurred within the limit of up to 1'/z% of the value of the taxable property within the County permitted for general municipal purposes without a vote. (iii) As of December 12, 2018, the County had no unlimited tax general obligation indebtedness. (c) The Bonds. For the purpose of providing the funds necessary to finance the Project and pay the cost of issuance and sale of the Bonds, the Board finds that it is in the best interest of the County and its ratepayers to issue and sell the Bonds (payable from water revenue of the Beards Cove Area)to the Purchaser. -3- 52936116.6 Section 3. Authorization and Description of the Bonds. For the purpose of paying part of the costs of the Project, including paying the costs of issuing the Bonds,the County shall cause to be issued a Limited Tax General Obligation Bond, Series 2018 (payable from water revenues of the Beards Cove Area of the County) (the "2018 Bond") and a Limited Tax General Obligation Bond, Series 2019 (payable from water revenues of the Beards Cove Area of the County) (the "2019 Bond," and together with the 2018 Bond, the "Bonds"), as set forth in this resolution. The Series 2018 Bond shall be designated"Mason County, Washington,Limited Tax General Obligation Bond(Payable from Water Revenue), 2018," shall be in the principal amount of not to exceed $166,000, shall be dated as of December 15, 2018, to USDA, as the initial purchaser, shall be numbered R-2018-1, and shall be fully registered. The draws on the Series 2018 Bond shall bear interest at the rate of 2.75% per annum (computed on the basis of a 365-day year for actual number of days elapsed) and interest shall accrue from the date of each draw on the Series 2018 Bond. The Series 2019 Bond shall be designated "Mason County, Washington, Limited Tax General Obligation Bond(Payable from Water Revenue), 2019," shall be in the principal amount of not to exceed $107,400, shall be dated as of the date of delivery thereof to USDA, as the initial purchaser, shall be numbered R-2019-1, and shall be fully registered. The draws on the Series 2019 Bond shall bear interest at the rate of 3.125% per annum (or the rate in effect for USDA as of the dated date of the Series 2019 Bond) (computed on the basis of a 365-day year for actual number of days elapsed) and interest shall accrue from the date of each draw on the Series 2019 Bond. Principal of and interest on the Bonds shall be payable in semiannual amortized installments in the amount set forth in the Letters of Conditions beginning six months following the date of the Bonds and semiannually thereafter (each an "Installment Payment Date"), with the last payment to be made not later than the 40th anniversary of the date of the Bonds, except that the last payment may be more or less than the annual installment as required to pay the remaining principal and interest due. (If the date of loan closing is the 29th, 30th, or 31st of the month, the due date will be the 28th). If any installment of principal and interest is not paid when due, the County shall be obligated to pay interest on that installment at the same rate provided herein from and after its due date until that installment is paid in full. Payments shall be applied first to interest and then to principal. The outstanding principal balance of the Bonds on any particular date shall be the aggregate of all funds which the County has drawn from the date of each Bond to that day less the aggregate of all principal payments made by the County on or before that date for each Bond. Interest on a particular principal amount so advanced shall be determined from the date of the advance of Bond proceeds pursuant to a request for draw by which the County drew that principal amount from the USDA. Section 4. Extra Payments. To the extent the County's scheduled principal and interest payment obligation on the Bonds is current(or will be made current upon such payment), the County may make payments to the entity or person named as the registered owner of the Bonds on the Bond Register, initially the United States of America(the"Registered Owner"), on any Installment Payment Date, that are in addition to the regularly scheduled payments of principal and interest on the Bonds. The amount of such extra payment shall be applied first to interest on the Bonds accrued to the date of receipt of such extra payment, and shall be applied second to the outstanding principal of the Bonds. After such extra payment is received by the Registered Owner, the amount of the annual installments of principal and interest on the Bonds -4- 52936116.6 shall remain unchanged but shall be recalculated to reflect the reduction in the outstanding principal balance of the Bonds and the resulting increase in the portion of each future installment payment credited to the principal of the Bonds. The final Installment Payment Date of the Bonds, and the amount payable on such date, shall be adjusted to reflect such extra payment and the increased amount of future installment payments that is applied to principal. Notice of any such extra payment shall be given at least 10 days prior to the Installment Payment Date by mailing to the Registered Owner a notice specifying the amount of such extra payment. Section 5. Failure to Pay Installments. If any installment of principal of and interest on the Bonds is not paid when due, the County shall be obligated to pay interest on that installment at the same rate provided in the Bonds from and after its payment date until that installment,both principal and interest,is paid in full. Section 6. Execution,Issuance and Delivery of the Bonds and Related Documents. (a) The Bonds shall be in form consistent with the provisions of this resolution and State law, shall be signed by the Chair of the Board of County Commissioners and-the Clerk of the Board of County Commissioners, either or both of whose signatures may be manual or in facsimile, and shall have the seal of the County (or a facsimile reproduction thereof) impressed or printed thereon. (b) The Bonds shall not be valid or obligatory for any purpose, or entitled to the benefits of this resolution, unless such bond bears a certificate of authentication manually signed by the Bond Registrar stating: "This Bond is the fully registered Mason County, Washington, Limited Tax General Obligation Bond, [2018/2019] (Payable from Water Revenue), described in the Bond Resolution." A minor deviation in the language of such certificate shall not void a certificate of authentication that otherwise is substantially in the form of the foregoing. The authorized signing of a certificate of authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this resolution. (c) The Chair and Clerk, or their designees, are severally authorized and directed to: (i)do everything necessary for the execution, issuance and delivery of the Bonds; and (ii)execute and deliver any documents,agreements, certificates, receipts and instruments that are necessary or appropriate in their discretion to give effect to this resolution and to consummate the borrowing of money authorized herein. (d) The County directs Foster Pepper PLLC, as the County's bond counsel,to prepare the Bonds and such other documents, agreements, certificates, receipts and instruments as may be necessary and appropriate to properly document the issuance and delivery of the Bonds to the Purchaser and the receipt of money by the County from the Purchaser. Such law firm shall coordinate the execution and delivery of such documents on behalf of the County, and shall compile and distribute to the County and the USDA a transcript containing such documents (or copies thereof) as it deems necessary to support its legal opinions rendered in connection with the issuance of the Bonds. -5- 52936116.6 Section 7. Registration and Transfer of the Bonds. (a) The County Treasurer is appointed as the initial Bond Registrar for the Bonds. The Bond Registrar shall keep, or cause to be kept, at its office, sufficient books for purposes of registering the name and mailing address of the Registered Owner of the Bonds, and for registering any transfer of Bond ownership. The books and records maintained by the Bond Registrar for such purpose shall be considered the Bond Register for purposes of this resolution. The Bond Register shall at all times be open to inspection by the County. In addition to maintaining the Bond Register, the Bond Registrar is authorized and directed to perform the following duties with respect to the Bonds: (i)to authenticate the Bonds upon the initial issuance thereof by executing the Certificate of Authentication contained thereon; (ii)to authenticate and deliver any Bond that is transferred in accordance with the provisions thereof and this resolution; (iii)to serve as the County's paying agent for the Bonds;(iv)to imprint on any Bond transferred or exchanged pursuant to this resolution the name of the Registered Owner, the principal amount of the Bond,the interest rate borne by the Bond, and the maturity date of the Bond; (v)to cancel the Bonds returned to the Bond Registrar upon the payment in full thereof; and(vi)to carry out all of the Bond Registrar's duties otherwise described in this resolution. (b) The Bonds may be transferred only in whole and only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any transfer shall be without cost to the Registered Owner or transferee and shall be noted in the Bond Register. The Bond Registrar shall not be obligated to transfer the Bonds during the 15 days preceding any Installment Payment Date. The Bonds may only be assigned to another qualified investor satisfying the requirements set forth in the certificate to be signed by Purchaser on the dated date of the Bonds. Section 8. Payment of the Bonds. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America to the owner thereof at the address appearing on the registration books of the County maintained by the Treasurer; provided, however, that as long as the USDA is the owner and holder of the Bonds, the County shall make payments directly to the financial office of the USDA serving the Mason County area; and provided further, however, that the Treasurer is hereby requested to establish a Preauthorized Debit Payment ("PAD") process whereby the Bond Registrar authorizes funds to be withdrawn electronically from the County's bank account on the exact day that the payment is due. The Bonds shall be an obligation only of the Bond Fund and shall be payable and secured as provided herein The Bonds shall be registered as to both principal and interest as long as any of the installments of the Bonds remain unpaid, and the County shall maintain in the office of the County Treasurer books for the registration and transfer of the Bonds. No transfer of the Bonds so registered shall be valid unless made on said books upon the written request of the registered owner or the owner's duly authorized agent. Section 9. Priority of Payments from Water Fund. There has been established in the office of the Treasurer a special fund of the County designated as the"Beards Cove Water Fund" (the "Beards Cove Water Fund"). All of the Gross Revenue shall be deposited in the Beards Cove Water Fund as collected. The Beards Cove Water Fund shall be held separate and apart -6- 529361166 from all other funds and accounts of the County, and the Gross Revenue deposited in the Beards Cove Water Fund shall be used only for the following purposes and in the following order of priority: (a) First,to pay the Costs of Maintenance and Operation; (b) Second,to pay the interest on any Senior Lien Bonds; (c) Third,to pay the principal of any Senior Lien Bonds; (d) Fourth, to make all payments required to be made into any reserve account created to secure the payment of Senior Lien Bonds; (e) Fifth, to pay the principal of and interest on the Bonds and any other limited tax general obligation of the County that is also payable from Gross Revenue; (f) Sixth, to make all payments required to be made into any revenue bond redemption fund or revenue warrant redemption fund and debt service account or reserve account created to pay and secure the payment of the principal of and interest on any revenue bonds or revenue warrants of the County having a lien upon the Gross Revenue junior and inferior to the lien thereon for the payment of the principal of and interest on the Senior Lien Bonds including any Department of Ecology loans; (g) Seventh, to pay into the Reserve Account and the Short-Lived Asset Reserve Account described in Sections 14 and 15,and another other reserve account as may be created by the County; and (h) Eighth, to retire by redemption or purchase in the open market any outstanding revenue bonds or revenue warrants of the County, to make necessary additions, betterments, improvements and repairs to or extensions and replacements of the System of the County, or for any other lawful System purposes. Section 10. Bond Fund. A special fund of the County designated as the "Mason County RD Limited Tax General Obligation Bond Fund 2018/2019" (the "Bond Fund") is hereby authorized to be created in the office of the Treasurer,which fund is to be drawn upon for the sole purpose of paying the principal of and interest on the Bonds. Section 11. Pledge of Taxation and Credit. The County hereby irrevocably covenants and agrees for as long as any installments of the Bonds are outstanding and unpaid that each year it will include in its budget and levy an ad valorem tax upon all property within the County subject to taxation in an amount that will be sufficient together with other water revenues from the Beards Cove Area and money of the County legally available for such purposes, to pay the principal of and interest on the Bonds as the same shall become due. All of such taxes so collected shall be paid into the Bond Fund no later than the date such funds are required for the payment of principal and interest on the Bonds. -7- 52936116.6 The County hereby irrevocably pledges that the annual tax provided for herein to be levied for the payment of such principal and interest shall be within and as a part of the tax levy permitted to counties without a vote of the people, and that a sufficient portion of each annual levy to be levied and collected by the County prior to the full payment of the principal of and interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Bonds. The full faith, credit and resources of the County are hereby irrevocably pledged for the annual levy and collection of said taxes and for the prompt payment of the principal of and interest on the Bonds as the same shall become due. Section 12. Pledge of Water Revenue. As long as the Bonds remain outstanding, the County hereby irrevocably obligates and binds itself to set aside and pay from the Beards Cove Water Fund into the Bond Fund, those amounts necessary, after taking into consideration such other funds as are on hand in the Bond Fund and available for the payment of principal and interest on the Bonds, to pay the interest or principal and interest next coming due on the Bonds. Such payments from the Beards Cove Water Fund shall be made on or before the day on which the regular semiannual payment of principal of and interest on the Bonds is due and payable in an amount equal to such regular semiannual payment. Said amounts so pledged to be paid into the Bond Fund out of the Beards Cove Water Fund are hereby declared to be a lien and charge upon Gross Revenue and the money in the Beards Cove Water Fund junior, subordinate and inferior to the Costs of Maintenance and Operation,junior, subordinate and inferior to the lien and charge thereon of any lien and charge that may hereafter be made to pay and secure the payment of any Senior Lien Bonds and other water revenue obligations that the County may issue. Nothing in this resolution shall restrict the County's right to issue future water revenue obligations with a lien on Gross Revenue superior to the lien of the Bonds, except that so long as United States of America is the Registered Owner of the Bonds, no such obligations shall be issued without the written consent of the USDA. In addition, nothing in this resolution shall restrict the County's right to issue future water revenue obligations with a lien on Gross Revenue on a parity on the lien of the Bonds, except that so long as United States of America is the Registered Owner of the Bonds, no such obligations shall be issued without the written consent of the USDA. Section 13. Deposit of Bond Proceeds. The principal proceeds of the sale of the Bonds shall be paid into a fund created or established by the Treasurer to finance the Project and shall be used to pay costs of the Project and costs of issuing the Bonds. Section 14. Reserve Account. The County will create an account within the Beards Cove fund chart of accounts to be named the Reserve Account, or such other designation as shall meet applicable accounting requirements. The County shall deposit the sum of$687 annually into the Reserve Account until the amount in such fund is equal to at least one annual loan installment of $6,870 for the 2018 Bond, and the sum of $472.40 annually into the Reserve Account until the amount in such fund is equal to at least one annual loan installment of$4,724 for the 2019 Bond. Prior written concurrence from the Purchaser is required before funds may be withdrawn from this account while the Bonds are outstanding. -8- 52936116.6 Section 15. Short-Lived Asset Reserve Account. The County will create an account within the Beards Cove fund chart of accounts to be named the Short-Lived Asset Reserve Account, or such other designation as shall meet applicable accounting requirements. The County shall deposit the sum of $4,667 annually into the Short-Lived Asset Reserve Account until the final maturity or earlier prepayment of the Bonds, whichever comes first. Money in the Short-Lived Asset Reserve Account shall be used by the County from time to time to repair or replace short-lived equipment or apparatus of the Beards Cove water system. The required balance on hand may be adjusted to meet the County's short-lived asset needs. Section 16. Refunding or Defeasance of the Bonds. The County may issue refunding bonds pursuant to the laws of the State or use money available from any other lawful source to pay when due the principal of and interest on the Bonds, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all of the principal amount of the Bonds(hereinafter collectively called the"defeased Bond") and to pay the costs of the refunding or defeasance. If money and/or noncallable "government obligations" (as defined by chapter 39.53 RCW) maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or defease the defeased Bonds in accordance with its terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, retirement or defeasance of the defeased Bonds (hereinafter called the"trust account"),then all right and interest of any Registered Owner of the defeased Bonds in the covenants of this resolution and in the funds obligated to the payment of the defeased Bonds shall cease and become void. Any Registered Owner of the defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds from the trust account. The County shall include in the refunding or defeasance plan such provisions as the County deems necessary for notice of the defeasance to be given to any Registered Owner of the defeased Bonds and to such other persons as the County shall determine, and for any required replacement of a Bond certificate for the defeased Bonds. The defeased Bonds shall be deemed no longer outstanding, and the County may apply any money in any other fund or account established for the payment or redemption of the defeased Bonds to any lawful purposes as it shall determine. NOTWITHSTANDING THE ABOVE, FOR AS LONG AS THE UNITED STATES OF AMERICA IS THE REGISTERED OWNER OF THE BOND, THE COUNTY AGREES NOT TO DEFEASE THE BONDS. Section 17.. Sale of the Bonds. The Bonds shall be sold to the Purchaser at a price of par on the terms and conditions set forth herein. The proper officials of the County are hereby authorized and directed to do all things necessary for the prompt execution and delivery of the Bonds and the items required to be delivered to the Purchaser under the terms of the Letters of Conditions and for proper use and application of the proceeds of sale thereof. Section 18. Reporting Requirements. With respect to the Bonds,the County is exempt from the official statement and ongoing disclosure requirements of the Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934. -9- 52936116.6 The County hereby covenants and agrees with the Registered Owner of the Bonds as follows: (a) For so long as the United States of America is the Registered Owner of the Bonds, the County will: (i)annually submit to the Purchaser the County's operating budget and projected cash flow at least 30 days prior to the beginning of the County's fiscal year; (ii) submit to the Purchaser the County's audits within nine months of the end of the County's fiscal year on an annual basis; and (iii)provide such additional information and reports as may be reasonably requested by the Purchaser from time to time. (b) It will abide by the conditions of the Loan Resolutions relating to the Bonds for so long as the United States of America is the Registered Owner of the Bonds. Section 19. Ratification of the 2018 Bond. On June 12, 2018, the Board approved the Rural Development Form Loan Resolution for the 2018 Bond. This resolution ratifies the date of the 2018 Bond of December 15, 2018, and the payment by the Registered Owner of the first draw on the 2018 Bond on December 12, 2018, in the amount of$132,360.05. All actions taken prior to the effective date of this resolution in furtherance of the purposes described in this resolution and not inconsistent with the terms of this resolution are ratified and confirmed in all respects. Section 20. General Authorization. The County Treasurer, Auditor, and other appropriate officers of the County are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this resolution, and to do everything necessary for the prompt delivery of the Bonds to the Purchaser and for the proper application, use and investment of the bond proceeds. Section 21. Severability. The provisions of this resolution are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run,finds any provision of this resolution to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this resolution in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 22. Effective Date of Resolution. This resolution shall be effective immediately after its adoption in the manner provided by law. -10- 52936116.6 ADOPTED by the Board of County Commissioners of Mason County, Washington at a regular meeting held on January 15,2019. MASON COUNTY,WASHINGTON By Chair of the Board of County Commissioners By County Commissioner By County Commissioner ATTEST: Clerk of the Board -11- 52936116.6 EXHIBIT A Map of Beards Cove Area 52936116.6 CERTIFICATION I, the undersigned, Clerk of the Board of Commissioners of Mason County, Washington (herein called the "County") and keeper of the records of the Board of Commissioners of the County (herein called the "Board"), DO HEREBY CERTIFY: 1. That the attached Resolution is a true and correct copy of Resolution No. of the County (herein called the "Resolution"), as finally passed at a regular meeting of the Board of the County held on the 15t`day of January, 2019, and duly recorded in my office. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a quorum of the Board was present throughout the meeting and a legally sufficient number of members of the Board voted in the proper manner for the passage of said Resolution; that all other requirements and proceedings incident to the proper adoption or passage of said Resolution have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the County this 15th day of January, 2019. Clerk of the Board 52936116.6 BRIEFING MEMORANDUM TO: Board of Mason County Commissioners Reviewed: FROM: Amber Finlay, Presiding 3udge Ext. 206 Daniel Goodell, Judge Monty Cobb, Judge DEPARTMENT. Superior Court Briefing [ X ] Consent Agenda DATE: Briefing on 3anuary, 7, 2019 @ 11:30 a.m. No. ITEM: 2019 Court Commissioner Professional Services Agreement Background: Since 2001, the BOCC and Superior Court have entered into an annual court commissioner contract. The e° since 2011 ntract was 'th In 2012,rthe BOCC until 2010 and has been with Robert Sauerlen agreed to set the salary at 75% of a Superior Court Judge's salary, which is set by the Washington Citizens' Commission on a Superiodr official; Judge's the BOCC agreed to increase the salary to 85% of salary. The proposed 2019 contract with Robert Sauerlender is for 32 hours per week (.8 FTE) with a salary of $117,348.28 per year, or as increased by the Washington Citizens' Commission on Salaries.and the TherapeuticnColl be urts budget 35 FTE). lit between the Superior Court budget (.45 FTE) a Additional work over .8 FTE will be paid at the hourly rate. Recommended Action: Approve the 2019 Court Commissioner Professional Services Agreement and return the original to Superior Court for our records. Attachments: Copy of Agreement cc: Tim Whitehead, Chief Deputy Prosecuting Attorney COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT This agreement is between Robert D. Sauerlender (Commissioner) , and Mason County Superior Court (Court) and Mason County (County) . The parties to this agreement, in consideration of the terms and conditions set out below, agree as follows : Section One - Appointment of Commissioner Pursuant to RCW 2 . 24 . 010, the Court hereby appoints Robert D. Sauerlender as Court Commissioner for a term beginning January 1, 2019 and ending December 31, 2019, and he hereby accepts such appointment and agrees to act as Court Commissioner pursuant to the terms and conditions set forth herein. Section Two - Responsibilities and Duties of Commissioner 1 . Pursuant to RCW 2 . 24 . 020, Commissioner shall, before entering upon the duties of such office, take and subscribe an oath to support the Constitution of the United States, the Constitution of the State of Washington, and to perform the duties of such office fairly and impartially and to the best of his or her ability. 2 . Commissioner shall perform his or her duties under the direction of, and in accordance with the policies, procedures and timelines established by the Court. 3 . Commissioner' s work schedule shall be 32 hours per week ( . 8 FTE) , Tuesday through Friday from 8 : 00 a.m. to 5 : 00 p.m. , or as otherwise scheduled. 4 . Commissioner shall regularly preside over court dockets including but not limited to: Therapeutic Courts Probate/Guardianship Domestic Relations Domestic Violence and Anti-harassment Ex parte COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 1 5 . During the hours established by the work schedule herein, Commissioner may also be required to perform other duties, such as, (1) hear and decide civil, domestic, probate, juvenile and/or adult criminal matters authorized by LCrR 4 . 2 ; (2) review requests for temporary orders in domestic violence petitions and other ex parte order requests; and (3) other matters as arranged by the Court . 6 . Commissioner has successfully completed the Washington Judicial College and shall comply with Continuing Judicial Education requirements as set out in GR 26 . Section Three - Compensation Pursuant to RCW 2 . 24 . 030, County agrees to pay Commissioner for the work set out in the schedule herein a salary at the rate of 850-o of the salary of a Superior Court Judge for . 8 FTE as follows : $9, 779 . 03 per month ($70 . 53 per hour) for a total annual salary of $117 , 348 . 28 or more as established by the Washington Citizens' Commission on Salaries for Elected Officials . Any work performed over and above the schedule set forth herein shall be compensated at the hourly rate . Section Four - Benefits/Deductions Commissioner shall be eligible for all benefits available to Mason County employees within Chapters 6 and 7 of the Mason County Personnel Policies . Commissioner shall receive the same insurance premium contribution as regular full-time employees . Deductions by County from Commissioner' s pay will include applicable taxes, an amount equal to an employee' s contribution for applicable benefits and other deductions required by federal and state law. Section Five - Integration Clause This agreement embodies the whole agreement between the parties . This agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties . Section Six - Written Modification as Necessary There may be no modification of this agreement, except in writing, executed with the same formalities as this instrument . COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 2 Section Seven - Termination This agreement shall terminate immediately should Commissioner not be in good standing with the Washington State Bar Association. Additionally, Court or Commissioner may terminate this agreement for any reason upon thirty (30) days written notice delivered to the other party. Actual delivery by Commissioner of a written notice to terminate to the Presiding Judge will constitute notice. Signed this day of Signed this day of January, 2019 : January, 2019 : MASON COUNTY SUPERIOR COURT BOARD OF COUNTY COMMISSIONERS AMBER L. FINLAY, Judge RANDY NEATHERLIN Commissioner District 1 DANIEL L. GOODELL, Judge KEVIN SHUTTY Commissioner District 2 MONTY D. COBB, Judge SHARON TRASK Commissioner District 3 Signed this day of January, 2019 : ROBERT D. SAUERLENDER Approved as to form: MASON COUNTY PROSECUTOR' S OFFICE By COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 3 ACKNOWLEDGEMENT I, Robert D. Sauerlender, acknowledge receipt of a copy of Mason County' s Non-Discrimination and Harassment Policy (chapter 12 of the Personnel Policies) . I shall abide by this policy and that of state and federal laws that preclude discrimination on the basis of a person' s race, color, creed, religion, national origin, ethnicity, age, sex, marital status, veteran' s status, sexual orientation, or disability (known or perceived) . Signed: Date: ROBERT D. SAUERLENDER COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 4