HomeMy WebLinkAbout2019/01/15 - Regular Packet BOARD OF MASON COUNTY COMMISSIONERS
DRAFT MEETING AGENDA
Commission Chambers— 9:00 a.m.
411 North Fifth Street, Shelton WA 98584
January 15, 2019
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Correspondence and Organizational Business
4.1 Correspondence
5. Open Forum for Citizen Input (5 minutes per person, 15 minutes time limit)
If you wish to address the Commission, raise your hand to be recognized by the Chair. When you
have been recognized, please step up to the microphone and give your name and address before
your comments.The Mason County Commission is committed to maintaining a meeting atmosphere
of mutual respect and speakers are encouraged to honor this principle.
6. Adoption of Agenda
Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:15
a.m.
7. Approval of Minutes—January 8, 2019 Regular meeting minutes
8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted
by one motion unless a Commissioner or citizen requests an item be removed from the
Action Agenda and considered as a separate item.
8.1 Approval to have the Chair sign the USDA Loan Resolution and approval to
have the Clerk of the Board certify the Loan Resolution for the Beards Cove
Water Meter Project in the amount of$107,400. This amount is in addition to
the loan resolution the Board passed in 2018 for $166,000.
8.2 Approval of the 2019 Court Commissioner Professional Services Agreement
with Robert Sauerlender for a salary of$117,348.28 or as increased by the
Washington Citizens Commissioner on Salaries.
8.3 Approval to adopt the resolution updating the Commission's Operating
Guidelines.
8.4 Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #s 8061865-8061904 $ 72,098.41
Direct Deposit Fund Warrant #s 55752-56113 $ 664,423.06
Salary Clearing Fund Warrant #s 7004144-7004182 $ 950,639.71
Treasure Electronic Remittance for December 2018 $ 3,294,432.60
8.5 Approval to reappoint Joshua Luck to the Veterans Advisory Board for a two
year term ending January 15, 2021.
8.6 Approval to sign the Bond Resolution and approval to have the Clerk of the
Board certify the resolution for the Beards Cove Water Meter Project.
Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last
printed on 01/11/19 9:10 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 COMMISSIONERS' MEETING AGENDA
January 15, 2019—PAGE 2
8.7 Approval to set a public hearing on February 5, 2019 at 9:15 a.m. to consider
a rezone request for parcel #31929-32-00020 (Kennedy Creek Quarry) from
Rural Residential 5 (RR5) to Rural Natural Resource (RNR).
8.8 Approval to set a public hearing on February 5, 2019 at 9:15 a.m. to consider
the annual update to the Capital Facilities Plan.
8.9 Approval of sub-contract funding from Division of Behavioral Health Resources
(DBHR) contract #2018-2019 #SA1 for Community Prevention &Wellness
Initiative, and Parenting education services in the amount of $40,000.
8.10 Approval to nominate Abe Gardner to the Thurston Mason Behavioral Health
Organization Advisory Board.
9. Other Business (Department Heads and Elected Officials)
10. 9:30 a.m. Public Hearings and Items Set for a Certain Time
10.1 Public hearing to consider adopting a Public Benefit Rating System in place of
the current Open Space Program. Continued from December 18, 2018.
Staff: Kell Rowen
11. Board's Reports and Calendar
12. Adjournment
J:\AGENDAS\2019\2019-01-15 REG.doc
ci ex
MASON COUNTY
TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:
FROM: Jennifer Giraides Ext. 380
DEPARTMENT: Support Services Action Agenda
DATE: January 15, 2019 No. 4.1
ITEM: Correspondence
4.1.1 Victoria Meadows sent in a letter concerning accrued sick leave payment.
4.1.2 Washington State Liquor and Cannabis Board sent a liquor license application
for Hood Canal Salmon Enhancement Group held at The Salmon Center Barn
600 NE Roessel Rd, Belfair.
4.1.3 Timberland Regional Library sent in their 2019 Levy.
Attachments: Originals on file with the Clerk of the Board.
cc: CMMRS Neatherlin, Shutty&Trask
Clerk
December 31, 2018
RECEIVED
Victoria Meadows, Judge
JAN 0 2 2019
P.O. Box 1490
Mason County
Shelton, WA 98584 Commissioners
Mason County Commissioners, Kevin Shutty, Randy Neatherlin and Sharon Trask
Shannon McGregor, Financial Analyst, Mason County Auditor's Office
Dawn Twiddy, Human Resources
Per RCW 3.34.100 and Mason County Personnel Policies, 7.2.1 I am entitled to and have
accrued sick leave in the same manner as other county employees. I have accruedover 1100
hours. Further, pursuant to Mason County Personnel Policies 5-7 When an employee's
employment with the County is terminated, the employee will receive the following
compensation on the next regularly scheduled payday: (4)A lump sum payment for accrued but
unused sick leave for eligible employees hired prior to April 13, 2010... This is limited to 30
days of payout at the rate of 1 day per 4 accrued for District Court Judges per RCW 3.34.100 and
Mason County Personnel Polices 7.2.16 (5)"Sick Leave Cash-Out"
I was surprised to see an e-mail on December 31, 2018, which was sent December 26, 2018
(while I was on vacation) that my Accrued Leave Payout had been reduced to 173.2240 hours.
My actual accrued sick leave is at least 1,101.78 hours. One fourth of that is 275.25. The
maximum payout is 30 days which is the equivalent of 240 hours. 240 hours x $78.9937 =
$18,958.488.
Apparently, someone in the Commissioners' Office or Accounting Office has determined that
the statutory language of"30 days' monetary compensation"means one month or a monthly pay
period. If the legislature meant one month, they would have so stated.
Most counties have paid the outgoing judge for the full 30 days when they had accrued unused
vacation or sick leave. There is a U.S. District Court case in which Spokane County did not pay
a District Court Judge for unused leave when the Judge took a position in Superior Court in
2009. Annette Plese won the case against Spokane and was awarded $15,800 (2009 rate of pay
of$moo per hour) for 29 days unused vacation leave, plus attorney's fees and costs. Annette S.
Plese, Plaintiff vs Spokane CountyDistrict Court, a local government entity of Spokane County,
and Spokane County, a municipal corporation and political subdivision of the State of
r «� is �..,. 'r-.���� �fa�'i•^ r - .. ., ltd.'. ,�: �:y. 1[• � !;; A }
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Washington, Defendants; United States District Court, Eastern District of Washington,No. CV-
12-0558-LRS.
I would ask you to review and make an appropriate adjustment to my leave payout.
Cc Patsy Robinson, Administrator U
Michael Dorcy, Prosecutor
I
cc: CMMRS Neatherlin, Shutty &Trask
Clerk )C"p alv 2 rau p
WASHINGTON STATE LIQUOR AND CANNABIS BOARD - LICENSE SERVICES
3000 Pacific Ave SE - P 0 Box 43075
Olympia WA 98504-3075 FAX:360-753-2710
specialoccasions@lcb.wa.gov Fax: 360-753-2710
TO: MASON COUNTY COMMISSIONERS JANUARY 3, 2019 E `
SPECIAL OCCASION #: 094442 JAN 0 7 2019
HOOD CANAL SALMON ENHANCEMENT GROUP
600 NE ROESSEL RD Mason County
BELFAIR WA 98528 COmrniSSioners
DATE: FEBRUARY 9, 2019 TIME: 4 PM TO 10 PM
PLACE: THE SALMON CENTER BARN - 600 NE ROESSEL RD, BELFAIR
CONTACT: JOANNE TEJEDA (DOB 8.21.65) 360-275-3575
SPECIAL OCCASION LICENSES
* _Licenses to sell beer on a specified date for consumption at a
specific place.
* _License to sell wine on a specific date for consumption at a
specific place.
* _Beer/Wine/Spirits in unopened bottle or package in limited
quantity for off premise consumption.
* _Spirituous liquor by the individual glass for consumption at a
specific place.
If return of this notice is not received in this office within 20 days from the above
date, we will assume you have no objections to the issuance of the license. If
additional time is required please advise.
1. Do you approve of applicant? YES NO
2. Do you approve of location? YES NO
3. If you disapprove and the Board contemplates issuing a
license, do you want a hearing before final action is
taken? YES NO
OPTIONAL CHECK LIST -EXPLANATION YES NO
LAW ENFORCEMENT YES NO
HEALTH & SANITATION YES NO
FIRE, BUILDING, ZONING YES NO
OTHER: YES NO
If you have indicated disapproval of the applicant, location or both,
please submit a statement of all facts upon which such objections are based.
DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE
cc: CMMRS Neatherlin, Shutty&Trask
Docu&gn Envelope ID;DF360B70-C4DC-4304-9E25-048C2B1 6091 C Clerk
TIMBERLAND REGIONAL LIBRARY
INTERCOUNTY RURAL LIBRARY DISTRICT,WASHINGTON
RESOLUTION NUMBER 18-004
A RESOLUTION CERTIFYING THE TAX LEVY AMOUNT AND TAX LEVY RATE AND POPULATION
FOR THE 2018 REGULAR PROPERTY TAX LEVY FOR 2019 COLLECTIONS
WHEREAS, RCW 27.12.150 requires the Board of Trustees of Timberland Regional Library
to determine the funds necessary for the maintenance of the library services for the district by
means of an annual tax levy on the property in the district of not more than fifty cents per thousand
dollars of assessed value per year; and,
WHEREAS,the property tax levy in the several counties of the Timberland Regional Library
district shall be compiled by the Board of Trustees of Timberland Regional Library to determine the
tax rate necessary; and,
WHEREAS,the determination shall be certified to the respective Boards of County
Commissioners; and,
WHEREAS,final assessed values are now available and a uniform property tax levy rate for
the Inter-county Rural Library District can now be established; and,
WHEREAS,the five county assessors within the Inter-county Rural Library District have
certified the total assessed value of property as shown by the completed tax rolls in accordance
with RCW 84.48.130; and now,therefore,
BE IT RESOLVED that the Board of Trustees of Timberland Regional Library certifies a
2018 regular property tax levy for 2019 collection in the five-county district of$21,576,738.35;
and,
BE IT FURTHER RESOLVED that the Board of Trustees of Timberland Regional Library,
certifies a 2018 uniform regular property tax levy rate of$0.362124 per thousand dollars of
assessed real and personal property valuation for collection in 2019; and,
BE IT FURTHER RESOLVED that the Board of Trustees of Timberland Regional Library,for
the purposes of calculating the highest allowable lawful levy, determines that the population of
Timberland Regional Library's taxing district is more than 10,000.
Adopted this 271h day of December 2018.
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TIMBERLAND REGIONAL LIBRARY
INTERCOUNTY RURAL LIBRARY DISTRICT,WASHINGTON
RESOLUTION NUMBER 18-004
A RESOLUTION CERTIFYING THE TAX LEVY AMOUNT AND TAX LEVY RATE AND POPULATION
FOR THE 2018 REGULAR PROPERTY TAX LEVY FOR 2019 COLLECTIONS
WHEREAS, RCW 27.12.150 requires the Board of Trustees of Timberland Regional Library
to determine the funds necessary for the maintenance of the library services for the district by
means of an annual tax levy on the property in the district of not more than fifty cents per thousand
dollars of assessed value per year; and,
WHEREAS,the property tax levy in the several counties of the Timberland Regional Library
district shall be compiled by the Board of Trustees of Timberland Regional Library to determine the
tax rate necessary; and,
WHEREAS,the determination shall be certified to the respective Boards of County
Commissioners; and,
WHEREAS,final assessed values are now available and a uniform property tax levy rate for
the Inter-county Rural Library District can now be established; and,
WHEREAS,the five county assessors within the Inter-county Rural Library District have
certified the total assessed value of property as shown by the completed tax rolls in accordance
with RCW 84.48.130; and now,therefore,
BE IT RESOLVED that the Board of Trustees of Timberland Regional Library certifies a
2018 regular property tax levy for 2019 collection in the five-county district of$21,576,738.35;
and,
BE IT FURTHER RESOLVED that the Board of Trustees of Timberland Regional Library,
certifies a 2018 uniform regular property tax levy rate of$0.362124 per thousand dollars of
assessed real and personal property valuation for collection in 2019; and,
BE IT FURTHER RESOLVED that the Board of Trustees of Timberland Regional Library,for
the purposes of calculating the highest allowable lawful levy,determines that the population of
Timberland Regional Library's taxing district is more than 10,000.
Adopted this 271` day of December 2018.
C� U
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Department of
Revenue \ Ordinance / Resolution No. 18-005
Wo Kington Stote RCW 84.55.120
WHEREAS,the Board of Trustees of Timberland Regional Library has met and considered
(Governing body of the taxing district) (Name of the taxing district)
its budget for the calendar year 2019 ; and,
WHEREAS, the districts actual levy amount from the previous year was $ 20,982,464.60 ; and,
(Previous year's levy amount)
WHEREAS,the population of this district is ® more than or ❑ less than 10,000; and now, therefore,
(Check one)
BE IT RESOLVED by the governing body of the taxing district that an increase in the regular property tax levy
is hereby authorized for the levy to be collected in the 2019 tax year.
(Year of collection)
The dollar amount of the increase over the actual levy amount from the previous year shall be$ 153,675.84
which is a percentage increase of .732402 %from the previous year.This increase is exclusive of
(Percentage increase)
additional revenue resulting from new construction, improvements to property, newly constructed wind turbines,
solar, biomass, and geothermal facilities, and any increase in the value of state assessed property,any annexations
that have occurred and refunds made.
Adopted this 27 day of December 2018
II
If additional signatures are necessary, please attach additional page.
This form or its equivalent must be submitted to your county assessor prior to their calculation of the property tax
levies. A certified budget/levy request, separate from this form is to be filed with the County Legislative Authority
no later than November 30'x'. As required by RCW 84.52.020, that filing certifies the total amount to be levied by
the regular property tax levy. The Department of Revenue provides the"Levy Certification"form(REV 64 0100)
for this purpose. The form can be found at: http://dor.wa.gov/docs/forms/PropTx/Forms/LevyCertf.doc.
To ask about the availability of this publication in an alternate format,please call 1-800-647-7706.Teletype(TTY)users may
use the Washington Relay Service by calling 711,For tax assistance,call(360) 534-1400.
REV 64 0101e(w)(12/9/14)
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DocuSlgn Envelope ID:DF360B70-C4DC-4304-9E25-048C2616C91C
(Department of &',A—WA
Revenue Ordinance / Resolution No. i&m
Y1'os.hingtor, Statc RCW 84.55.120
WHEREAS,the Board of Trustees of Timberland Regional Library has met and considered
(Governing body of the taxing district) (Name of the taxing district)
its budget for the calendar year 2019 ; and,
WHEREAS, the districts actual levy amount from the previous year was $ 20,982,464.60 ; and,
(Previous year's levy amount)
WHEREAS,the population of this district is N more than or ❑ less than 10,000; and now,therefore,
(Check one)
BE IT RESOLVED by the governing body of the taxing district that an increase in the regular property tax levy
is hereby authorized for the levy to be collected in the 2019 tax year.
(Year of collection)
The dollar amount of the increase over the actual levy amount from the previous year shall be$ 153,675.84
which is a percentage increase of .732402 %from the previous year. This increase is exclusive of
(Percentage increase)
additional revenue resulting from new construction, improvements to property,newly constructed wind turbines,
solar, biomass, and geothermal facilities, and any increase in the value of state assessed property,any annexations
that have occurred and refunds made.
Adopted this 27 day of December 2018
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If additional signatures are necessary,please attach additional page.
This form or its equivalent must be submitted to your county assessor prior to their calculation of the property tax
levies.A certified budget/levy request, separate from this form is to be filed with the County Legislative Authority
no later than November 30". As required by RCW 84.52.020, that filing certifies the total amount to be levied by
the regular property tax levy. The Department of Revenue provides the"Levy Certification"form(REV 64 0100)
for this purpose. The form can be found at: httpJ/dor,wa.lzov/docs/forms/Proj2Tx/Forms/LevvCertf.doc.
To ask about the availability of this publication in an alternate format,please call 1-800-647-7706.Teletype(TTY)users may
use the Washington Relay Service by calling 711.For tax assistance,call(360)534-1400.
REV 64 0101e(w)(12/9/14)
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
Mason County Commission Chambers, 411 North 5"' Street, Shelton, WA
January 8, 2018
1. Call to Order—The Chairperson called the regular meeting to order at 9:02 a.m.
2. Pledge of Allegiance—Ted Trask led the flag salute.
3. Roil Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin
Shutty; Commissioner District 3 — Sharon Trask.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 South Mason Youth Soccer Club sent in recognition for the Mason County Parks,
Facilities and Trails department.
4.1.2 Mason County Auditor sent in a report for number of registered voters in Mason
County.
4.1.3 Mason County Treasurer sent in Depositaries designated by treasurer.
4.1.4 Washington State Department of Transportation sent in a 60 day notice of disposition
for declared surplus property #42102-22-60000.
4.1.5 Thomas Furniss sent in a letter regarding land use effecting 21 Pine Tree Lane,
Tahuya.
4.1.6 United States Department of Agriculture sent in a letter of a funding opportunity.
4.1.7 North Mason Chamber of Commerce sent in letter following up on the implementation
of the newly adopted Belfair UGA building codes.
4.18 Federal Emergency Management Agency sent in a letter regarding the final flood
hazard determination for the Unincorporated Areas of Mason County.
4.2 Selection of Chair and Vice-Chair
Cmmr. Neatherlin/Trask motioned and seconded to nominate Cmmr. Kevin Shutty
to serve as chair for 2019. All in favor. Motion carried unanimously.
Cmmr. Shutty/Neatherlin motioned and seconded to nominate Cmmr. Sharon
Trask as Vice Chair for 2019. All in favor. Motion carried unanimously.
4.3 Recognition of staff: Ross McDowell
4.4 News Release: Park Host, Mason Lake Park Staff: Ross McDowell
5. Open Forum for Citizen Input—
5.1 Cheryl Williams announced the first meeting of the League of Women Voters being held next
Tuesday at Olympic College. She said the first meeting will be about the budget and an in house
study will be discussed.
6. Adoption of Agenda - Cmmr. Neatherlin/Trask moved and seconded to adopt the agenda as
published. Motion carried unanimously. N-aye; S-aye; T-aye.
7. Approval of Minutes— December 4 and December 18, 2018 Regular Meeting Minutes.
Cmmr. Neatherlin/Trask moved and seconded to approve the December 4 and December
18, 2018 Regular Meeting Minutes as presented. Motion carried unanimously. N-aye; S-
aye; T-aye.
8. Approval of Action Agenda:
8.1 Approval to set a hearing for Tuesday, February 5, 2019 to receive public comment on
establishing an Honorary Road Sign Program allowing the County and community the
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
January 8, 2019 - PAGE 2
opportunity to honor individuals or organizations that have made significant
contributions to the County.
8.2 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 Pharris' employment with Mason County and to
pay the sum of$40,000 as agreed.
8.3 Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #s 8061055-8061864 $ 2,032,974.75
Direct Deposit Fund Warrant #s 55387-55751 $ 674,831.63
Salary Clearing Fund Warrant #s 7004117-7004143 $ 465,677.27
8.4 Approval of voicing no objections to the special occasion liquor license application for
the Rocky Mountain Elk Foundation Olympia Chapter Big Game Banquet on January 19,
2019 at Little Creek Casino 91 W. State Route 108, Shelton WA 98584, and approval to
authorize the Chair to sign the letter of no objection to the WA State Liquor Control
Board.
Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.4.
Motion carried unanimously. N-aye; S-aye; T-aye.
9. Other Business (Department Heads and Elected Officials)
9.1 Dave Windom spoke about the online permitting change for building permits and discussed some
of the struggles. He then talked about state funding for Public Health and the fact that only $22
million was set aside for the entire state.
10. 9:30 a.m. Public Hearings and Items set for a certain time—
10.1 Public Hearing to consider the approval of the following budget supplemental
appropriation to the 2018 Budget:
Budget Transfer
$825,000 increase to REET 1 Fund 350- Other Long-Term Debt Issued
$825,000 Increase to REET 1 Fund 350-Building
In order to record the purchase and assume the loan on the Olsen Building
Staff: Jennifer Beierle
Jennifer read the transfer aloud and asked for any questions from the Board. No questions
from the Board and no public comment received.
Cmmr. Neatherlin/Trask moved and seconded to approve the increase of
$825,000 to REET 1 Fund 350-Building in order to record the purchase and
assume the loan on the Olsen Building. All in favor. Motion carried unanimously.
N-aye; S-aye; T-aye.
11. Board's Reports and Calendar-The Commissioners reported on meetings attended the past week
and announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 9:35 a.m.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
January 8, 2019 - PAGE 3
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
Melissa Drewry, Clerk of the Board Randy Neatherlin, Chair
Sharon Trask, Commissioner
Kevin Shutty, Commissioner
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Bart Stepp, Deputy Director/U&W Management Action Agenda
DEPARTMENT: Public Works EXT: 207
COMMISSION MEETING DATE: January 15, 2019 Agenda Item #
BRIEFING DATE: January 7, 2019, March 13, 2017; June 4, 2018
BRIEFING PRESENTED BY: Bart Stepp
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Loan Resolution for Beards Cove Water Meter Project USDA Funding
BACKGROUND: On March 21, 2017, the Board authorized Public Works to submit 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.
BUDGET IMPACTS: 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 ACTION: Recommend the Board approve and have the Chair sign the Loan
Resolution, and the Clerk certify 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
Position 5
RUS BULLETIN 1780.27 APPROVED
OMB.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,RAPROVING,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 ;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 Government.
2. To refinance the unpaid balance,in whole or in part,of its bonds upon the request of the Government 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 400-4,"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 Government 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 Goverment 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 Government and executed or assumed by the Association,and default under any such instrument may be
construed by the Government 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 defease 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 Government or invested in readily marketable securities backed
by the full 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 ofinformation unless
it displays a valid OMB control number. The valid OMB control number for this information collection is 0571-0111. 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 ofinformation.
-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 funds 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 S 0
under the terms offered by the Government;that the Board of County Commissioners
and Clerk of the Board 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
IN WITNESS V41EREOF,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
-3-
CERTIFICATION TO BE EXECUTED AT LOAN CLOSING
1,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 quonun>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
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Amber Finlay, Presiding Judge Action Agenda X_
Daniel Goodell, Judge Public Hearing
Monty Cobb, Judge Other
DEPARTMENT: Superior Court EXT: 206
COMMISSION MEETING DATE: January 15, 2019 Agenda Item #
Commissioner staff to'c lete
BRIEFING DATE: January 7, 2018
BRIEFING PRESENTED BY: Amber Finlay
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: 2019 Court Commissioner Professional Services Agreement
Background: Since 2001, the BOCC and Superior Court have entered into an
annual court commissioner contract. The contract was with Richard Adamson
until 2010 and has been with Robert Sauerlender since 2011. In 2012, the
BOCC agreed to set the salary at 75% of a Superior Court Judge's salary, which
is set by the Washington Citizens' Commission on Salaries for Elected Official;
and in 2016, the BOCC agreed to increase the salary to 85% of a Superior Court
Judge's 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. The compensation will be split
between the Superior Court budget (45 FTE) and the Therapeutic Courts budget
(.35 FTE). 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.
Budget Impacts: The salary amount per the 2019 contract was included in the
Superior Court and Therapeutic Court budgets.
Attachments: Copy of Agreement
HAMy Documents\CONTRACTS\agenda 2019 contract.doc
1
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 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 7 day of Signed this day of
January, 2019: January, 2019 :
MASO COUNTY SUP OR COURT BOARD OF COUNTY COMMISSIONERS
A BER L INLAY, dge RANDY NEATHERLIN
Commissioner District 1
N E DELL Judge KEVIN SHUTTY
Commissioner District 2
MO Judge SHARON TRASK
Commissioner District 3
Signed this day of
January, 20
R06ERY JS
UERLENDER
Approved as to form:
MASON COUNTY PROSECUTOR' S OFFICE
B �
Y
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, o disability (known or perceived) .
Signed: Date : / l
ROBERT D. LENDER
COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 4
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Zoren Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 747
DATE: January 15, 2019 Agenda Item # F.3
Commissioner staff to complete)
BRIEFING DATE: January 7, 2019
BRIEFING PRESENTED BY: Support Services
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval to adopt the resolution updating the Commission's Operating
Guidelines.
Background:
The Commissioners adopted Operating Guidelines in 2014 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.
The number of copies of agenda/briefing packets needed has been reduced to two and
the Operating Guidelines need to be amended to reflect this.
Budget Impacts: None
RECOMMENDED ACTION: Approval to adopt the resolution updating the
Commission's Operating Guidelines.
Attachment(s): Operating Guidelines
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION 64-17 AND THE COMMISSIONERS' OPERATING
GUIDELINES
WHEREAS, the Board of Mason County Commissioners adopted Operating Guidelines on
May 20, 2014 in order to assure the Rules of the Board (County Code Chapter 2.88) are carried
out with efficiency and to establish clear and consistent processes and formats for submission
of items to the Commission; and
WHEREAS, the Operating Guidelines need to be updated to reflect that two copies of
agenda and briefing packets are needed. These rules are designed to provide guidance and do
not amend statutory or other regulatory requirements;
NOW, THEREFORE BE IT RESOLVED, the Board of Mason County Commissioners hereby adopts
the amended Operating Guidelines as Attachment A.
DATED this 15th day of January, 2019.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Kevin Shutty, Chair
Melissa Drewry, Clerk of the Board
APPROVED AS TO FORM: Sharon Trask, Commissioner
Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner
J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2019\Operating Guidelines
amended.docx
Attachment A
MASON COUNTY
BOARD OF COMMISSIONERS
OPERATING GUIDELINES
Co
1854
Adepted May 20, 29-1-4
RAc-n-l- 'in-m IUB 29-44
UpdatedNovember T-2PSr
Original Adoption on May 20,2014, Resolution No. 29-14
Amended November 7, 2017, Resolution 64-17
Amended January 15,2019, Resolution
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 twoa Set Of thFee 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.
S. 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
ClCrVL
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Jennifer Giraldes Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Support Services EXT: 380
DATE: January 15, 2019 Agenda Item # $, y
(Commissioner staff to complete)
BRIEFING DATE:
BRIEFING PRESENTED BY:
[X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM:
Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #s 8061865-8061904 $ 72,098.41
Direct Deposit Fund Warrant #s 55752-56113 $ 664,423.06
Salary Clearing Fund Warrant #s 7004144-7004182 $ 950,639.71
Treasure Electronic Remittance for December 2018 $ 3,294,432.60
Electronic Remittance Detail
Macecom 12/5/18 $ 120,306.53
Mental Health 12/10/18 $ 14,471.42
Mental Health to Public Defender 12/26/18 $ 10,878.00
Community Health &Social Services 12/10/18 $ 298.44
Family Law Facilitator to Superior Court 12/24/18 $ 6,500.00
Mental Health to Clerk 12/26/18 $ 3,795.00
Mental Health to Prosecutor 12/26/18 $ 10,066.61
Mental Health to Therapeutic Court 12/26/18 $ 70,584.29
Mental Health to Juvenile Probation 12/26/18 $ 11,523.53
General Fund to Information Tech 12/27/18 $ 158,243.50
Rural Sales &Use Tax to Trial Court Improv. 12/3/18 $ 8,243.00
Public Works Local Bd-Principal to Bd-Interest 12/3/18 $ 180,500.00
Mason Co LTGO '08 Principal 12/3/18 $ 190,000.00
Mason Co LTGO '08 Interest 12/3/18 $ 41,930.63
2013 LTGO Bond A Principal 12/3/18 $ 140,000.00
2013 LTGO Bond A Interest 12/3/18 $ 2,100.00
2013 LTGO Bond B Principal 12/3/18 $ 75,000.00
2013 LTGO Bond B Principal 12/3/18 $ 35,034.68
Mason Co 2011 BWWR-Principal 12/3/18 $ 255,000.00
Mason Co 2011 BWWR-Interest 12/3/18 $ 63,770.63
Voip Interest 12/3/18 $ 3,430.87
Mason Co. Public Wks Local BD-Principal 12/3/18 $ 130,000.00
Mason Co. Public Wks Local BD-Interest 12/3/18 $ 77,210.45
Mason Co. Public Wks Local BD-Interest 12/3/18 $ 452.05
Mental Health to Public Health 12/19/18 $ 40,000.00
Health Admin Fees to Health 12/18/18 $ 15,000.00
Rural Sales & Use Tax to Trial Court Improv 12/18/18 $ 8,243.00
Auditor's 0 & M to Special Fund C.E. 12/18/18 $ 13,557.00
Path &Trails to Special Fund C.E. 12/18/18 $ 1,762.00
Victim Witness to Special Fund C.E. 12/18/18 $ 256.00
Historical Presery to Special Fund C.E. 12/18/18 $ 5,214.00
Reet Prop Tax to Special Fund C.E. 12/18/18 $ 5,452.00
National Forest Safety to Special Fund C.E. 12/18/18 $ 1,285.00
Family Law to Special Fund C.E. 12/18/18 $ 4,738.00
Trial Court Improv to Special Fund C.E. 12/18/18 $ 365.00
Sheriff to Special Fund C.E. 12/18/18 $ 17,091.00
Mason Lk Management to Special Fund C.E. 12/18/18 $ 1,597.00
Island Lk Management to Special Fund C.E. 12/18/18 $ 317.00
Reet 1 to Special Fund C.E. 12/18/18 $ 7,205.00
Reet 2 to Special Fund C.E. 12/18/18 $ 5,318.00
Mason Co. Landfill 12/18/18 $ 12,701.00
North Bay Case Inlet Sewer 12/18/18 $ 5,409.00
Beards Cove Water 12/18/18 $ 706.00
Belfair Wastewater &Water 12/18/18 $ 3,057.00
Rustlewood Sewer&Water 12/18/18 $ 1,646.00
Landfill Reserve to Special Fund C.E. 12/18/18 $ 886.00
Storm Drain System to Special Fund C.E. 12/18/18 $ 5,193.00
DCD-Internal Allocation 12/11/18 $ 34,739.25
Roads/Streets Admin 12/11/18 $ 161,063.75
Election Equipment 12/11/18 $ 391.75
Crime Victims Compensation 12/11/18 $ 1,381.50
Homelessness Prevention 12/11/18 $ 6,326.75
Abatement Repair/Demolition 12/11/18 $ 248.00
Reserve for Technology 12/11/18 $ 537.75
Public Health/Admin 12/11/18 $ 12,667.50
Public Health/Nursing 12/11/18 $ 12,245.25
Public Health/Environmental 12/11/18 $ 17,312.25
Law Library 12/11/18 $ 1,294.00
Lodging (Motel/Hotel Tax) 12/11/18 $ 1,566.75
Mental Health 12/11/18 $ 7,663.75
Mental Health/Substance Abuse 12/11/18 $ 2,183.50
Veterans Assistance 12/11/18 $ 3,528.25
Skokomish Flood Zone 12/11/18 $ 787.00
Mason County Landfill 12/11/18 $ 43,884.75
North Bay Case Inlet Sewer 12/11/18 $ 18,864.00
Rustlewood Sewer 12/11/18 $ 3,004.75
Rustlewood Water 12/11/18 $ 3,005.00
Beards Cove Water 12/11/18 $ 3,015.00
Belfair Wastewater&Water 12/11/18 $ 17,393.50
Information Technology 12/11/18 $ 11,391.00
Equipment Rental & Revolving 12/11/18 $ 44,211.25
Unemployment Fund 12/11/18 $ 771.25
Current Expense to Public Health 12/10/18 $ 94,063.75
Reserve Beard's Cove to Beard's Cove 12/10/18 $ 163,500.00
See Misc. 45121 Multiple Funds to Non-Dept. Allo. 12/10/18 $ 409,477.50
Current Expense 12/13/18 $ 11,136.55
Mental Health Trans. Out to MCSO-Jail Services 12/19/18 $ 120,450.00
C.E. Non Departmental to Family Law 12/19/18 $ 1.29
C.E. Non Departmental to Trial Court Improv. 12/19/18 $ 7.68
C.E. Non Departmental to Crime Victims 12/19/18 $ 16.59
Road Diversion to County Road 12/19/18 $ 314,988.11
Reserve Beard's Cove to General Find C.E. 12/19/18 $ 4,976.00
Refund Interest Earned 12/31/18 $ 49.95
Background: The Board approved Resolution No. 80-00 Payment of Claims Against County:
Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason
County Code 3.32.060(a) requires that the board enter into the minutes of the County
Commissioners the approval of claims listing warrant numbers.
Claims Clearing YTD Total $ 72,098.41
Direct Deposit YTD Total $ 664,423.06
Salary Clearing YTD Total $ 950,639.71
Approval of Treasure Electronic Remittances YTD Total-2018 $ 11,614,827.69
RECOMMENDED ACTION:
Approval to: Move to approve the following warrants:
Claims Clearing Fund Warrant #s 8061865-8061904 $ 72,098.41
Direct Deposit Fund Warrant #s 55752-56113 $ 664,423.06
Salary Clearing Fund Warrant #s 7004144-7004182 $ 950,639.71
Treasure Electronic Remittance for December 2018 $ 3,294,432.60
Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of
the Board)
11�
oOffice of the Treasurer
��99
� 411 N. 5th, Bldg.
P.O. Box 429
Shelton, Washington 98584-0429
As (360) 427-9670, ext. 475 • Fax (360) 427-7267
Belfair (360) 275-4467 • Elma (360) 482-5269
V Elisabeth (Lisa) Frazier, Treasurer
Payment approval of Macecom:
Account
FUND # Remittance RECEIPT #
Macecom 001.000000.300.300 $ 120,306.53 M-49892
$ -
12/10/2018
Payment approval of Mental Health:
Account
FUND # Remittance RECEIPT #
MENTAL HEALTH164.000000.000.000 $ 14,471.42 M-50003
$ - M-
12/26/2018
Account
FUND # Remittance RECEIPT #
MENTAL HEALTH164.000000.000.000 $ 10,878.00 M-50499
PUBLIC DEFENDER 001.000000.240.000 $ 10,878.00 M-50500
Payment approval of Community Health & Social Services Fees:
12/10/2018
BOND FISCAL
FUND AGENT
FUND No. ACCT. #'S Remiittance RECEIPT #
Community Health & Social Services 637.000000.000.000 $ 298.44 M-50003
24-Dec-18
Account
FUND # Remiittance RECEIPT #
Family Law Facilitator Budgeted Trsfr 138.000000.000.000 $ 6,500.00 M-50488
Current Exp-Superior Court 001.000000.250.000 $6,500.00 M-50489
12/26/2018
Account
FUND # Remiittance RECEIPT #
Mental Health- Budgeted Transfer 164.000000.100.000 $ 3,795.00 M-50493
Clerk 001.000000.070.000 $3,795.00 M-50494
26-Dec-18
Account
FUND # Remiittance RECEIPT #
Mental Health- Budgeted Transfer 164.000000.100.000 $ 10,066.61 M-50507
Prosecutor 001.000000.180.164 $10,066.61 M-50508
26-Dec-18
Account
FUND # Remiittance RECEIPT #
Mental Health- Budgeted Transfer 164.000000.100.000 $ 70,584.29 M-50497
Therapeutic Court 001.000000.256.100 1 $70,584.29 M-50498
12/26/2018
Account
FUND # Remiittance RECEIPT #
Mental Health-Budgeted Transfer 164.000000.100.000 1 $ 11,523.53 M-50495
Juvenile Probation 001.000000.170.220 1 $11,523.53 M-50496
27-Dec-18
Account
FUND # Remiittance RECEIPT #
General Fund 1001.000000.310.000 $ 158,243.50 M-50540
Information Technology 500.000000.000.000 1 $158,243.50 M-50541
3-Dec-18
Account
FUND # Remiittance RECEIPT #
RURAL SALES & USE TAX 103.000000.000.000 $ 8,243.00 M-50298
Trial Court Improvemnets 001.000000.310.000 $8,243.00 M-50300
Account
FUND # Pay Bonds Remittance RECEIPT #
Mason Co Public Wks Local Bd-Principal 205.000000.000.000 $ 180,500.00 M-49831
Mason Co Public Wks local Bd-Interest 205.000000.000.000 $ -
$ - M-
$ jM-
Account
FUND # Remittance RECEIPT #
Mason Co LTGO '08 Principal 250.000000.000.000 $ 190,000.00 M-49831
Mason Co LTGO '08 Interest $ 41,930.63 M-49831
$ - M-
$ - M-
Account
FUND # Remittance RECEIPT #
2013 LTGO Bond A Principal 215.000000.000.000 $ 140,000.00 M-49831
2013 LTGO Bond A Interest 215.000000.000.000 $ 2,100.00 M-49831
2013 LTGO Bond B Principal 215.000000.000.000 $ 75,000.00 M-49831
2013 LTGO Bond B Interest 215.000000.000.000 $ 35,034.68 M-49831
Account
FUND # Remittance RECEIPT #
Mason County 2011 BWWR-Principal 413.000000.000.000 $ 255,000.00 M-49831
Mason County 2011 BWWR-Interest 413.000000.000.000 $ 63,770.63 M49831
Account
FUND # Remittance RECEIPT #
Voip Principal 119.000000.000.000 $ -
Voip Interest 119.000000.000.000 $ 3,430.87 M-49831
Account
FUND # Remittance RECEIPT #
Mason Co Public WKS LOCAL BD-Princ 1210.000000.000.000 $ 130,000.00 M-49831
Mason Co Public WKS LOCAL BD-Int 210.000000.000.000 $ 77,210.45 M-49831
Mason Co Public WKS LOCAL BD-Int 403.000000.000.000 1 $ 452.05 M-49831
19-Dec-18
Account
FUND # Remiittance RECEIPT #
Mental Health 164.000000.100.000 $ 40,000.00 M-50375
Public Health 150.000000.100.000 $40,000.00 M-50377
18-Dec-18
Account
FUND # Remiittance RECEIPT #
Health- ADMIN FEES117.000000.000.200 $ 15,000.00 M-50293
Health 150.000000.100.000 $15,000.00 M-50294
Account
FUND # Remiittance RECEIPT #
RURAL SALES & USE TAX 103.000000.000.000 $ 8,243.00 M-50298
Trial Court Improvemnets 001.000000.310.000 $8,243.00 M-50300
Account
FUND # Remiittance RECEIPT #
AUDITOR'S O& M FUND104.000000.000.000 $13,557.00 M-50305
Special Fund-C.E.. 001.000000.300.310 1 $13,557.00 M-50307
Account
FUND # Remiittance RECEIPT #
Paths &Trails106.000000.000.000 $1,762.00 M-50311
Special Fund- C.E.. 001.000000.300.310 1 $1,762.00 M-50312
Account
FUND # Remiittance RECEIPT #
Victim Witness114.000000.000.000 $256.00 M-50313
Special Fund- C.E.. 001.000000.300.310 1 $256.00 M-50314
Account
FUND # Remiittance RECEIPT #
Historical Preservation116.000000.000.000 $5,214.00 M-50315
Special Fund-C.E.. 001.000000.300.310 $5,214.00 M-50316
Account
FUND # Remiittance RECEIPT #
Reet Prop Tax 120.000000.000.000 $5,452.001M-50318
Special Fund- C.E.. 001.000000.300.310 $5,452.001M-50319
Account
FUND # Remiittance RECEIPT #
National Forest Safety 134.000000.000.000 $1,285.00 M-50320
Special Fund- C.E.. 001.000000.300.310 $1,285.00 M-50321
Account
FUND # Remiittance RECEIPT #
Family Law138.000000.000.000 $4,738.00 M-50325
Special Fund- C.E.. 001.000000.300.310 1 $4,738.00 M-50326
Account
FUND # Remiittance RECEIPT #
Trial Court Improv 135.000000.000.000 $365.00 M-50323
Special Fund- C.E.. 001.000000.300.310 $365.00 M-50324
Account
FUND # Remiittance RECEIPT #
Sheriff 1140.000000.0007000 $17,091.00 M-50327
Special Fund- C.E.. 001.000000.300.310 1 $17,091.00 M-50328
Account
FUND # Remiittance RECEIPT #
Mason Lake Management194.000000.000.000 $1,597.00 M-50329
Special Fund-C.E.. 001.000000.300.310 1 $1,597.00 M-50330
Account
FUND # Remiittance RECEIPT #
Island Lake Management 199.000000.000.000 $317.00 M-50331
Special Fund-C.E.. 001.000000.300.310 $317.00 M-50332
Account
FUND # Remiittance RECEIPT #
Reet 1350.000000.000.000 $7,205.00 M-50334
Special Fund-C.E.. 001.000000.300.310 1 $7,205.00 M-50335
Account
FUND # Remiittance RECEIPT #
Reet 2351.000000.000.000 $5,318.00 M-50336
Special Fund-C.E.. 001.000000.300.310 1 $5,318.00 M-50337
Account
FUND # Remiittance RECEIPT #
MASON CO LANDFILL 402.000000.000.000 1 $12,701.00 M-50339
NORTH BAY CASE INLET SEWER 403.000000.100.020 $ 5,409.00 M-50339
BEARDS COVE WATER 412.000000.200.000 $706.00 M-50339
BELFAIR WASTEWATER & WATER 413.000000.000.000 $ 3,057.00 M-50339
Rustlewood Sewer & Water 411.000000.100.000 $1,646.00 M-50339
Account
FUND # Remiittance RECEIPT #
Landfill Reserve 428.000000.000.000 $886.00 M-50341
Special Fund- C.E.. 001.000000.300.310 $886.00 M-50342
Account
FUND # Remiittance RECEIPT #
Storm Drain System 480.000000.000.000 $5,193.00 M-50343
Special Fund-C.E.. 001.000000.300.310 1 $5,193.00 M-50344
31-Dec-18 REFUND INTEREST EARNEDkA6 11"11,15
Account
FUND # Remiittance RECEIPT #
CURRENT EXPENSE 001.000000.260.000 $ 24.48 Multiple Rec
ROAD DIV-CURRENT EXPENSE 001.000000.260.010 $5.03 Multiple Rec
Veterans Assistance 190.000000.000.000 $ 0.17 Multiple Rec
COUNTY ROAD 105.000000.000.000 $19.79 Multiple Rec
MENTAL HEALTH 164.000000.000.000 $0.48 Multiple Rec
11-Dec-18 INTERNAL ALLOCATIONS
Account
FUND # Remiittance RECEIPT #
DCD-INTERNAL ALLOCATION 001.000000.125.000 $34,739.25 M-50086
ROADS/STREETS ADMIN 105.000000.000.000 $ 161,063.75 M-50088
ELECTION EQUIPMENT 109.000000.000.000 $391.75 M-50090
CRIME VICTIMS COMPENSATION 110.000000.000.000 $1,381.50 M-50092
HOMELESSNESS PREVENTION 117.000000.000.200 $ 6,326.75 M-50094
ABATEMENT REPAIR/DEMOLITION 118.000000.000.000 $248.00 M-50098
RESERVE FOR TECHNOLOGY 119.000000.000.000 $ 537.75 M-50100
PUBLIC HEALTH/ADMIN 150.000000.100.000 $12,667.50 M-50102
PUBLIC HEALTH/NURSING 150.000000.200.000 $12,245.25 M-50102
PUBLIC HEALTH/ENVIRONMENTAL 150.000000.300.000 $ 17,312.25 M-50102
LAW LIBRARY 160.000000.000.000 $1,294.00 M-50105
LODGING(MOTEL/HOTEL TAX) 163.000000.000.000 $ 1,566.75 M-50107
MENTAL HEALTH 164.000000.000.000 $7,663.75 M-50110
MENTAL HEALTH/SUBSTANCE ABUSE 164.000000.100.000 $2,183.50 M-50110
VETERANS ASSISTANCE 190.000000.000.000 $ 3,528.25 M-50112
SKOKOMISH FLOOD ZONE 192.000000.000.000 $787.00 M-50114
MASON COUNTY LANDFILL 402.000000.000.000 $ 43,884.75 M-50116
NORTH BAY CASE INLET SEWER 403.000000.100.020 $18,864.00 M-50118
RUSTLEWOOD SEWER 411.000000.100.000 $3,004.75 M-50120
RUSTLEWOOD WATER 411.000000.200.000 $3,005.00 M-50120
BEARDS COVE WATER 412.000000.200.000 $3,015.00 M-50122
BELFAIR WASTEWATER & WATER 413.000000.000.000 $ 17,393.50 M-50124
INFORMATION TECHNOLOGY 500.000000.000.000 $11,391.00 M-50126
EQUIPMENT RENTAL & REVOLVING 501.000000.000.000 $ 44,211.25 M-50128
UNEMPLOYMENT FUND 502.000000.000.000 $771.25 M-50130
12/10/2018
Account
FUND # Remiittance RECEIPT #
Current Expense001.000000.310.000 $ 94,063.75 M-50046
Public Health 150.000000.000.000 1 $94,063.75 M-50045
Account
FUND # Remiittance RECEIPT #
Reserve Beard's Cove 1429.000000.000.000 $ 163,500.00 M-50049
Beards Cove 412.0000000.000.000 1 $163,500.00 M-50050
See Misc-45121 MULTIPLE FUNDS I 1 1 409,477.50 M-45121
NON-DEPARTMENTAL-INTERNAL ALLOCATION 001.000000.300.310 1 409,477.50 M-45123
12/13/2018
Account
FUND # Remittance RECEIPT #
Current Expense 001.000000.310.000 $ 4,750.65 M-50209
Current Expense 001.000000.310.000 $ 5,689.32 M-50211
Current Expense 001.000000.310.000 $ 256.00 M-50213
Current Expense 001.000000.310.000 $ 440.58 M-50215
12/19/2018
Account
FUND # Remiittance RECEIPT #
Mental Health Transfer Out 164.000000.100.000 $ 120,450.00 M-50359
MCSO-JAIL SERVICES 001.00000.180.164 $120,450.00 M-50366
12/31/2018
Account
FUND # Remiittance RECEIPT #
CE-Non departmental001.000000.310.000 $ 1.29 M-50655
FAMILY LAW 138.000000.000.000 1 $1.29 M-50656
Account
FUND # Remiittance RECEIPT #
CE-Non departmental001.000000.310.000 $ 7.68 M-50659
TRIAL COURT IMPROVEMENT 135.000000.000.000 $7.68 M-50661
Account
FUND # Remiittance RECEIPT #
CE-Non departmental001.000000.310.000 $ 16.59 M-50662
CRIME VICTIMS 110.000000.000.000 1 $16.59 M-50663
Account
FUND # Remiittance RECEIPT #
ROAD DIVERSION 001.000000.260.000 $ 314,988.11 M-50693
COUNTY ROAD 105.000000.000.000 $314,988.11 M-50693
12/19/2018
Account
FUND # Remiittance RECEIPT #
Reserve Beard's Cove 429.000000.000.000 $ 4,976.00 M-50370
GENERAL FUND -C.E. 001.000000.300.310 1 $4,976.00 M-50373
Respectfully submitted by: Jule Ric ert, C of Deputy Treasurer 12/31/2018
01,
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Brittany King Action Agenda x
Public Hearing
Other
DEPARTMENT: Commissioners EXT: 419
COMMISSION MEETING DATE: January 15, 2019 Agenda Item # Z.16
Commissioner staff to complete)
BRIEFING DATE: January 7, 2019
BRIEFING PRESENTED BY: Brittany King
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval to reappoint Joshua Luck to the Veterans Advisory Board for a
two year term ending January 15, 2021.
Background:.The Veterans Advisory Board is a ten member board
appointed to advise the Board of Commissioners on policy related to
veteran's assistance. There are two at-large members that are appointed
by the Commissioners.
Recommended Action: Approval to reappoint Joshua Luck to the Veterans
Advisory Board for a two year term ending January 15, 2021.
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Bart Stepp, Deputy Director/U&W Management Action Agenda
DEPARTMENT: Public Works EXT: 207
COMMISSION MEETING DATE: January 15, 2019 Agenda Item # $ (p
BRIEFING DATE: January 7, 2019, March 13, 2017; June 4, 2018
BRIEFING PRESENTED BY: Bart Stepp
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Bond Resolution for Beards Cove Water Meter Project USDA Funding
BACKGROUND: 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.
BUDGET IMPACTS: 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 ACTION: Recommend the Board approve and sign the Bond Resolution and
have the Clerk certify the resolution for the Beards Cove Water Meter Project..
Attachment: Bond Resolution
Briefmg 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
Section8. 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
Section 14. 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
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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
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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 11/2% 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.
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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
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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.
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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
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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.
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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.
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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.
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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
APPROVE AS TO FORM
Chief Deputy Prosecuting Attorney
-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 15th 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 15'h day of January, 2019.
Clerk of the Board
52936116.6
MASON COUNTY
AGENDA ITEM SUMMARY FORM
To: Board of Mason County Commissioners
From: Kell Rowen, Planning Manager Action Agenda 0
Public Hearing ❑
Other ❑
Department: Community Services Ext: 286
Date: January l5, 2019 Agenda Item #
(Commissioner staff To
Complete)
Briefing Date: January 7, 2019
Briefing Presented By: Kell Rowen
[ ] Item Was Not Previously Briefed With The Board
Please Provide Explanation Of Urgency
ITEM: Set a public hearing on February 5, 2o1g at 9�a.m.to considerimwa rezone
request.
BACKGROUND:
The Department of Community Services received a rezone request for parcel#31929-
32-00020 (Kennedy Creek Quarry) from Rural Residential 5 (RR5) to Rural Natural
Resource (RNR).
Requests is considered an amendment to the Development Regulations and is not a
change to the Comprehensive Plan.
RECOMMENDED ACTION:
i5
Board of County Commissioners shall set a public hearing on February 5, 2019 at 9;a0
a.m.to consider a rezone request.
ATTACHMENT(S):
Notice of Hearing
1/9/2019
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will
hold a public hearing at the Mason County Courthouse Building I, Commission
Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, February 5, 2019, at
9:15 A.M.
SAID HEARING will be to consider adopting the following Development Areas
(zoning) amendment:
• Rezoning parcel #31929-32-00020 (Kennedy Creek Quarry) 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)
MASON COUNTY
AGENDA ITEM SUMMARY FORM
To: Board of Mason County Commissioners
From: Kell Rowen, Planning Manager Action Agenda CEJ
Public Hearing ❑
Other ❑
Department: Community Services Ext: 286
Date: January15, 2019 Agenda Item #
(Commissioner Staff To
Complete)
Briefing Date: January 7, 2o18
Briefing Presented By: Kell Rowen
[ ] Item Was Not Previously Briefed With The Board
Please Provide Explanation Of Urgency
ITEM: Set a public hearing on February 5, 20ig at 9:15 a.m.to consider the annual
update to the Capital Facilities Plan.
BACKGROUND:
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 the updates.They recommended to
forward the updates to the BOCC.
RECOMMENDED ACTION:
Board of County Commissioners shall set a public hearing on February5, 201g at 9:15
a.m.to consider the annual update to the Capital Facilities Plan.
ATTACHMENT(S):
Notice of Hearing
1/10/2019
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will
hold a public hearing at the Mason County Courthouse Building I, Commission
Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, February 5, 2019, at
9:15 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)
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Lydia Buchheit Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Community Services-Public Health EXT: _404_
COMMISSION MEETING DATE: 1/15/19 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE: 1/7/19
BRIEFING PRESENTED BY: Lydia Buchheit
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM:
Sub-contract #2018-2019 #SA1 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.
Background:
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.
RECOMMENDED ACTION:
Approval of $40,000 sub-contract funding from Division of Behavioral Health Resources
(DBHR) contract for Community Prevention &Wellness Initiative, Parenting education
services.
Attachment(s):
Professional Services Contract #2018-2019 #SAI
MASON COUNTY
PROFESSIONAL SERVICES CONTRACT
CONTRACT# 2018-2019 #SAI
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, Zi 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 540,000
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: lydiab@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
I 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
:xpense 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.
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 party 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
'. 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: ShellyglFamilyess.grg 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
inderstandings 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 1/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 Handling Peer Pressure l Building Family Communication
Protecting Against Substance Abuse Handling Peer Pressure II 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 10th 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'h 10th the of each month Submit electronically to:
of Feb for the previous month work January 2019—June 2019 Caseyb(cDco.mason.wa.us
by COB Cc: Bene 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 Beni(cDco.mason.wa.us
completion--Final Report CC: Casevb _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 10th 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.
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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 $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
aview 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.
Z. 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.
1
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
https://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.edu/cfr/text/42/chapter-1/subchapter-A
45 CFR Public Welfare, Part 96 Block Grants, Subpart L Substance Abuse Block Grant
https://www.law.cornell.edu/cfr/text/45/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
https://www.law.cornell.edu/cfr/text/45/part-75
d. Fiscal/Program Requirements (Formerly BARS)
hftps://www.dshs.wa.c
ram%20Reg uirements%20for%20SUD.pdf
e. 2 CFR Part 200, Subpart F audit requirements for Federal Funding
https://www.ecfr.gov/cqi-bin/text-
idx?SI D=ac813d7a31 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
r
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
d
1
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), magneticmedia
(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.
5. 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
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Brittany King Action Agenda x
Public Hearing
Other
DEPARTMENT: Commissioners EXT: 419
COMMISSION MEETING DATE: January 15, 2019 Agenda Item # Z 10
Commissioner staff to complete)
BRIEFING DATE: December 17, 2018
BRIEFING PRESENTED BY: Diane Zoren
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval to nominate Abe Gardner to the Thurston Mason Behavioral Health
Organization Advisory Board.
Background: The Thurston Mason Behavioral Health Organization Advisory Board is the
result of integration between the Thurston Mason Regional Support Network and
Thurston Mason Chemical Dependency Advisory Boards. Integration between mental
health and chemical dependency was a result of Senate Bill 6312. The Advisory Board
is a citizen advisory board which represents the citizens of Thurston and Mason
Counties.
The role of the advisory board is to advise the Thurston Mason BHO Governing Board on
matters relating to mental health and substance use disorder services in Thurston and
Mason Counties. Each member is expected to represent all citizens of the two counties
in their recommendations and advice.
RECOMMENDED ACTION: I move to nominate Abe Gardner to the Thurston Mason
Behavioral Health Organization Advisory Board.
owl
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
1
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.
(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 ivWetlands;
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. Prepedies with at least one (1) high PFiGFity open 6pare FesewGe, whiGh allewr, unlimited publiG
Fent use value at ten (IQ) pement of FAaFket 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
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. 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
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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.
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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
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(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 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 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.
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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.
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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.
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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.
(108) "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. Regutated}a9g[eHands__________----------------------------—-- Commented[MFl]:Drexler:Strike.
t
7. Significant fish and wildlife habitat conservation areas;
8. Historic landmarks/archeological sites;
9.
*OFest;7aA --------------------------------------------—-- Commented[MF2]: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;
4. t�aral epefl ----------------------------------------—-- Commented[MF4]:Drexler:Strike.
5. arm and agricultural conservation W(h Commented[MF5]:Drexler:Move to Medium.
C. Low priority open space resources.Two(2)point each:
1. Restored lands;
2. Other shoreline environments.
D. PrepeFtiesvAh at least eAe_(1)high pFio*open 6P8Ge FesewFee,whish allows unlimited publiG
E 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.
FF_ 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 YvWetlands Fneans wetlands as defiRed by MGG 8.6-2.110 and- ---;hall
_ ________________—-` Commented JMF61: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.
A. PF*I.F-;ItR- lands- within fedeF;al lands Fneans effic ally designated aFeas undeF pNyate
1 within fedeFal lands that Fe-ma-in und naintained tO pFetest
tndseW!f the PaFk 9F IGFest. Eligible lands aFe pOvately awned paRels;dominated by
fl -------------------------------------------— Commented[MF7]:Dre)ler:Strike.
_____—-- Commented[MFS]: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
semmunity in whish native plants aFe dominant and that is leeated e64side ef the uFban gFewth
aFPa AS MpnlifiPd in the Mason GgUn-, FUtUFe Land Use Map,exeept that an eligible site may
wile's,�a...bunds OF etk en replanted
o
�__________________________________________ Commented[ F9]:Drexler:Strike
4A5_ Farm and agricultural conservation lands means either-(a)Land that was orevioo_clv
classified under'farm and agdcultural I nd" (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 puhlic
benefit rating system:or(b)Land that is traditional farmland that is not classified under chapter
a4.33 or 84.34
agricultural uses,and that has a high lential for returning to co _-- Commented[MF10]:Drexler.Move to dedium.
C. Low priority resources.
1. Restored lands means an area of at least one half^^•e (21,789 squa- eeglQ cre Commented[MFll]:Dreier:Require a minimum 10
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 property shall sian an Indemnification
and Hold Harmless aareement 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 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.
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#xee43)seven 7 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)dava 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)" <TeriL@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.4ov 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/AppData/Local/Temp/XPGrpWise/5C 18EOEOMasonmai1100135... 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
h+tn•//annc leer AIaTa Unv/WAChipfanit 1/1 VMI 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
http://apps.leg.wa.gov/WAC/default.aspx?cite=458-30&full=true 3/13/2018
ORDINANCE NUMBER
AMENDMENTTO 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
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