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Home My WebLink About2019/01/15 - Regular BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North 51h Street, Shelton, WA January 15, 2019 1. Call to Order—The Chairperson called the regular meeting to order at 9:02 a.m. 2. Pledge of Allegiance —Cmmr. Neatherlin led the flag salute. 3. Roll 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 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. 5. Open Forum for Citizen Input— 5.1 Cheryl Williams announced AARP tax locations throughout Mason County. She suggested calling ahead of time if you are hoping to get any tax help at the library locations. 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-January 8, 2019 Regular meeting minutes Cmmr. moved and seconded to approve the January 8, 2019 regular meeting minutes. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 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. (Ex.A- Res. 01-19) 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. (Ex. B- Res. 02-19) 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. (Ex.C- Res. 03-19) 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. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS January 15, 2019 - PAGE 2 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. Cmmr. moved and seconded to approve action items 8.1 through 8.9 with the exception of item 8.10 for discussion. Motion carried unanimously. N-aye; S-aye; T-aye. 8.10 Cmmr. Neatherlin noted that staff has concerns with the appointment of Abe to this board. Dave Windom voiced concern with the fact that there could be a conflict of interest as Abe is an employee of Public Health. He said he wanted to make that known before the nomination is locked in. Lydia Buchheit noted that Abe has worked in both Thurston and Mason County and she said he would be a great asset on this Board. Cmmr. Neatherlin/Trask moved and seconded to nominate Abe Gardner to the Thurston Mason behavioral Health Organization Advisory Board. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials)- None. 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 (PBRS) in place of the current Open Space Program. Continued from December 18, 2018. Staff: Kell Rowen Kell Rowen began by noting changes in the current draft which were from Cmmr. Drexler at the December 18, 2018 meeting. She also said she has met with the new Assessor, Patti McLean, in regards to the PBRS. Cmmr. Shutty said that at the January 14th briefings, a discussion was had about possibly tabling the PBRS so more research could be done. Cmmr. Neatherlin praised the Assessor for coming to the meeting and the fact that her staff will be stepping up to assist with this program research. An unknown gentleman questioned how many people, not parcels, are currently enrolled in Open Space. Kell did not have that number available. Another gentleman questioned how notice would be received about the next meeting. Kell said another mailing would be done to notify of the next meeting. Patricia Vandehey asked for the definition of in holding lands, which Kell gave. Public comment (Many attendees did not sign in, so names may be missile/%d) John Zimmerow asked the following: How many other counties in Washington are on PBRS? How many taxing districts are involved with the PBRS? What are the rates for each of those taxing districts? How many people are enrolled in Open Space in each taxing district? BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS January 15, 2019 - PAGE 3 He then spoke about the distribution of funds and a conversation he had with the Department of Revenue. Terry Hogan spoke about Cmmr. Drexler's suggested edits from the December meeting. He addressed all of the logging taking place on Harstine Island and touched on various sections of the PBRS draft. An unknown gentleman noted his disapproval with the possibility of changing to PBRS. He also praised the Board for their work with the Assessor to gain more knowledge. He talked about how this program hurts those with wetlands on their properties because points available in Open Space are not available in PBRS. Ken VanBuskirk announced that less than half of the counties in Washington State are enrolled in PBRS. He then stated he believes Open Space is working fine and no change is necessary. Patricia Vandehey noted that though this does not affect her, she finds issue with PBRS. She voiced the need to somehow alert everyone in the County about this program to allow everyone the chance to comment. Alfred Jones asked why no notice of this meeting was published and Cmmr. Neatherlin explained that because this meeting was continued, and the original hearing was noticed, no legal notice was required to continue. Cmmr. Neatherlin added that the agendas are on the website and calls can be made to staff if there is concern. Monte Ritter showed a survey done by the Mason County Conservation District and spoke about his open space parcels. He did not hand out copies of the survey. Nikki Zimmerow said she feels the board is more open minded now. She also thanked the Assessor's office for their work and cooperation. Pat Binyon said he is in favor of this discussion being tabled for six months. He questioned the financial impact, adding that the County seems to be wasting time and money on something that isn't set to receive much revenue. Larry Gruber noted that PBRS won't bring tons of money into the County, but will make a large difference to those currently enrolled in Open Space. He stated that if parcels are actually being reviewed, the review needs to be done in person. Larry said he was insulted by Cmmr. Drexler's comments at the previous meeting regarding "paying her fair share of taxes", explaining that those enrolled in Open Space aren't trying to get out of paying taxes. Cmmr. Neatherlin said he is in favor of tabling this for now. He spoke to the fact that now that we have a new Assessor, this research is possible where it wasn't previously. He then addressed some public comments received both today and at the previous meeting. Cmmr. Shutty said the collaboration with the Assessor will end up benefiting the public. He also said he would be in favor of tabling the discussion for now. Cmmr. Trask/Neatherlin moved and seconded to table the hearing on PBRS for six months until July 16, 2019. Motion carried unanimously. N-aye; S-aye; T-aye. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS January 15, 2019 - PAGE 4 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 10:38 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON Mel ssa ry, Clerk f the Board Kevin Shutty, Cha' Sharon Trask, Commissioner /// xx Rand Neatherlin, Commissioner Exhibit A 4. g � MASON COUNTYWASHINGTON 0SOLUVON NO, 01 A RESOLUTION of Mason County, Washington, providing for the issuance, sale and delivery of a taxable Limited Tax General Obligation Bond, Series 418 (paOble. 'from water re, hues of the Beards Cove Area), in the principal amount of not to exceed $166,000, and a taxable Limited Tax General Obligation Band,Series 2019 (payable from water revenues of the Beards Cove Ai�ea), in the principal amount of not to exceed $107,400, to provide funds necessarylo acquire and install water meters in the Beards Cave Area of the County; fixing the terms and covenants ref such bonds; approving the sale tnd providing for the delivery of the bonds to the`United States of America, acting tluough the bepartment of Agriculture Rural Utilities Service; and providing for other matters properly relating thereto. Passed January 15,2019 This documentprepared by: :Foster:Pepper FLLC 111.1 Third Avenue, Suite 3000 Seattle,:Washilgton 98101 (206) 447-4400 $ma u TABLE OF CONTENTS Section 1. Definitions... ........... . ...........t... ............................... .......... ...... Section I Findimgs and Dete ons..—................................................................... Section 3. Authorization and Description of the Bonds.... .....................................4 Section4.. Extra Payments..............................4i............4........*..�.................... 4 Section 5. Failure to Pay Installments........ t.......................... Section 6. Execution,Issuance and Delivery of the Bonds and Related Documents......... Section 7. Registration and Transfer of the Bonds................... ......... ......... .......................6 Section 8. Payment of the Bonds...........................................1................ .. .......... ........ Section 9. Priority of Payments from Water'Fund........................................................... Section10. Bond Fund. .....-'-s.......i................................ ........... Section 11. Pledge of Taxation and Credit.......... ..............i.................. ........................ Section 12. Pjedgd of'Water Revenue.............................................................................. ....... Section 13. Deposit,of Bond Proceeds.......................................................................v.--........ Section14. Resm-vt Account.................................................................................................8 Section 15, Short-Lived Asset Reserve Account.............:.:.......:..............i,---....................... Section 16. Refunding or Defeasance of the Bonds 9 Section ti. Sale of the Bonds.w ......... ............I.,........ ............ ....... .........9 Section.18. R"ting Re ...........-„••- ................... ..... .. ..!*t!...........9 Requirements . .. ... ................ Section 19. Ratification"of the 2018 Bond..........................................<. „b.,...,...,..,,.,... .. 10 Section 20. General Authorization.......,..................,.................. ............................................. 10 Section21. Severability...........—................................... .......... ....................... 10 Sectiog.22. Effective Date of Resolution........... ..............................................................10 f MASON COUNTY,WASHINGTON I RESOLUTION NO. Q 1—19 A RESOLUTION of Mason County, Washington, providing for the. issuance, sale and delivery ofa taxable Limited Tax General Qlzli$ation Bond, Series 2018 (payable- from water revenues of the Beards Cave Area), in the 'principal amount of not to exceed 5166,000, and a"taxable Ltmited 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, fining the terms and covenants of such bonds; approving the sale and a 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,DDOES 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 Y (b) "Beards Cove Water Fund"means the Beards Cove Water Fund of the County: t. (c) "`Board" means the Board of Commissioners of Mason. County, the general legislatvo authority of the County. (d) `Bond li'und" 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 Regi*w 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) "BqW means the 2018 Bond and the 2019 Bond. (h) "Costs of Mainte�rance and Operation":means all necessary operating expensed, current maintenance expenses, expenses of reasonable upkeep and.repairs, and insurance and administrative expenses, but excludes depreciation, payments for debt service or into reserve _1- 51936116.6 accounts and costs of capital additions to or:,replacements of the System, taxes levied by the County or payments in lieu of such taxes. 0 "County" means Mason County, Washington, a municipal corporation duly t organized and existing under the laws of the State. t a i (j) "Grass 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 a operation of the Beards Cove Area of the System eluding proceeds from the salt,lease or other disposition of any of the properties,or facilities of the System m 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 iCondittorts" means the letter from USDA to the County dated December 7, 2017,as amended pip January 10, 2018, and as further amended on February 13, 2018,and the letter from USDA to the County dated August 9,2018,establishing the conditions under which USDA would loan m0ey to the County to finance the Project, "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 t accomplishing the.Project, consistent with RCW 39.45.070, mdy be included as. costs of the Project. The Project includes acquisition,construction and installation of all necessary furnitum, equipment,apparatus,accessories,fi-tures and appurtenances: (m) "Purchaser"means the United States of America,acting through the Department of Agriculture Rural Utilities Service,. (n) "ROW'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 ofAgriculture, (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. Thereare currently no Senior Dien Bonds outstanding. (r) "System"means the existing water.system and distribution system of the County and such improvements or addition's as may be made to such system and shall include the -2- 129361 s� r g( i 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) "SYdte"means the State of Washington. E (t) `42018 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 ofthe 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 Qf the following E facts and makes the following.findings and determinations: I ! (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 ofiring 6 and installing water meters in the Beards Cove Area (the ""ecf), 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"v" the amount permitted to be issued by the County far general municipal purposes wi 11 a Vote,, i (i) The assessed. valuation of the taxable property within the County as ascerWned by the last preceding assessment for County purposes for collection in the calendar year 2019 is$5,213;805,407. Cin) 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 nip to 1 Wi'o of the value of the taxable property within the CQuntypetmitted.for general municipal purposes .without a vote. (iii) As of December 12,, 2018, the County had no unlimited tax general obligation indebtedness. {c) The lion*. For the puipose of providing the funds necessary to finance the Project and pay the cost of issuance and sale of the Bonds,the Board finds that it is in the best interest of the County and its ratepayers to issue and sell the Bonds(payable from water,revenue of the Beards Cove Area)to the Purchaser. -3_ - 52936116 6 Section 3. Authorization and Description of the Bonds_ For the purpose of paying part of the costs of the Project,including payng'the costs of issuing the Bonds,the County shall cause to be issued a Limited Tax General Obligation Bond, Series 2018 (payable from water I 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,"shad be in the principal amount: of not to exceed $1 ,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 20.19 Bond shall be designated "Mason County, Washington,Limited Tax General Obligation Bond(Payable from Nater Revenue),.2019,"shall be in the principal amountof 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 shad be fully registered. The draws on the Series 20.19 Bond shall bear interest at the rate of 3.125% per antrum(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 an the Bonds Shall be payable in semiannual amortized installments in the amount set forth in the Letters of Conditions beginning six mous .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 Oth 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 prcpat ar><d interest is not paid when due,the County shall be obligated to pay interest on that instilment 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. ection4 Extra Payments. To the extent the County's scheduled principal and interest payment obligation on the Bonds is current(oar 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 4 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 f 4- 32436316.fi. s shall remain unchanged but shall.be recalculated to reflect the reduction in the outstanding F principal balance of the Bonds and the resulting inicreme 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 arid 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 itspayor ent date until ij'stallment,bothprincipal and interest,is paid in full. Section 6. Execntion3ssuance and Delivery of the Bonds and Related Documents. (Ia) The Bonds shall be in fotm consistent with the provisions of this res0.uution 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. (h) 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- "Wis Bond is the fully registered Mason County., Washington, Limited Tax General Obligation Bond,[2018/2019](Payable from Water Revenue),desetibed in the Bord Resolution.;" A minor deviation in the language of such certificate fall Dot 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 (H)execute and deliver anydocuments,agreements,certificates Irdocpts 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'sbond 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 Purctisser and the receipt of money by the County from the Purchaser. Such law`firni shall coordinate the execution and delivery of such documents on behalf of the County, Arid'shall compile and distribute to the County and the USDA a transcript containing such documents (or copies thereof) as it deems necesgary to support its legal opinions rendered in connection with the issuance ofthe Bonds. =5- 334!5116.6 i 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 nname 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 aufhonzed 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 j 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 Borid 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, 1 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"AD') 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:Bondsremain unpaid, and the County shall maintain in the office. of the County Treasurer books for the rogstration 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 'Suter Fund'). Allof the Gross Revenue shall be deposited in the Beards Cove Water Fund as collected. The Beards Cove Water'Fund shall be held separate and apart -6- W3b116.6 from all other funds and account 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) FM'to pay the principal of and interest on the Bonds and any other limited tax general obligation ofthe County that is also payA'ble from.Gross Revenue; (f) S4* 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 Sem—or Lien Bondss I ind Ecology loans; including any Department of (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 201812019" (the "Bond Fund) is hereby authorized to be created in the office of the Treasurer,Which-fund is to be drawn upon fot 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 subjept to taxation in an amount that will be sufficient together with other water revenues from the Beards Cove Area and money of the County legally available for such purposes,to pay the principal of and interest on the Bonds as the same shall become due. All of such taxes so collected shall be paid into the Bond Fund no later than the date'such funds are required for the payment of principal and interest on the Bonds. -7- 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 apart of the tax levy permitted to Wunties without a vote of the people, and that a sufficitut 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 thepayment 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 thein i of and Principal 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'nev ocably 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 ori 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 Opemfion,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 Litt 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 figure water revenue obligations with alien an 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 shallbe 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 posts of the Project and costs of issuing the Bonds. Section 14. Reserve Account The County will create an account Wit!iin,the Beards Cave 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$087 armp#4y into the Reserve Account until the amount in such fimd 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 Resdrve Account until,the amount in such fiend is equal to at least one annual loan installment of$4,724 for the 2019 Bond. Prior written concurrence from the Purchaser is required before funds may be withdrawn.from this account while the.Bonds are outstanding. -8- r 't Section 5. 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 ! untilthe 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. 3 Section 16. Refunding or Defeasance of the Bonds. The County.mayissue refunding. bonds pursuant to the laws of the State or use money available from any other lawful source to j 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 reftmding or defeasance.7f money and/or ogncallable"government obligations"(as defined by chapter 39.53 RCW) maturing ata 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 tight 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 I shall cease and become void Any Registered Owner of the defeased Bonds shall have the right to rEceve payment of the principal of aril interest on the defeased Bands.froin 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 j defeased Bonds and to such.other.persons as the County shall determine, and for any required replacement of a.Bond Certificatefor the defeased.Bonds. The defeased Bonds shall be deemed l no longer outstanding, and the County may apply any money in any other fund or account established for the payment or redemlrtmgn of the defeased'T3onds to any lawful purposes as it shall determine. NOTWITHSTANDING THE ABOVE, FOR AS LONG AS THE Lll*1ITF..D. STATES OF AMERICA IS.THE REGISTERED OWNER. OF THE BOND, THE COUNTY AGREES NOT TO`DEFEASE THE BONDS. ection 17.. Sale of the Bonds. The Bonds shall be.sold to the.Purchaser at a`price of par on the terms and conditionsset forth herein.. The proper officials of the County are Hereby authorized and directed to do all things .necessary for the prompt execution and delivery of the Bonds and the items required. to be delivered to the Purchaser under the terms of the Letters of Conditions and for proper use and application of the proceeds of sale thereof. Section.18. Reporting Requirements. With respect to the Bonds,the County is exempt from the official statement and ongoing disclosure requirements of the Securities and Exchange Commission Rule 15c2-12 under the Securities'Exchange Act of 1934. -9- .324D6114d t 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 I 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-cm an annual basis; and(ii)provide such additional information and reports as may be reasonably - i requested by the Purchaser from time to time. f (b) It will abide by the conditions of the LoanResgluiions 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 12,2618,the Board approved the Rural Development Form loan Resolution for the 2018 Bond. This ltgolution 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 12,20181 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 docutnents 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. I Section 22. Effective Date of Resolution. This resolution shall be effective immediately ager its adoption in the manner provided by law. s _10- 52936IM6 i P ADOPTED by the Board of County CoInl issioners of Mason County,'Washington at a" regular meeting held,on January IS,20I9. } MASON COUNTY,WASHINGTON l By Chair of the Bo d of County Commissioners } i By C ty Commissioner By tmty Comintssoner ATTEST: t CIA o oard VE AS TO FORM __. Chid D. orney -11- 361166 a c F,X�IBI'T.A. Map of Beards Cove.Art 1 { 519MI&A j CERTIFICATION 'I, the undej:sigrled,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"Beard"),DO HEREBY CERTIFY: I 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 Coqftt_v hold on the 1P 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 I'voted in the proper manner for the passage f said Resolution; that all ge o other requirements and proceedings incident to the proper adoption or passage of said Resolution have been duly flilfilled,carried out and otherwise observed,,and that 1 am authorized to execute this certificate. IN WITNESS WIIERE0FjI have hereunto set my hand and affixed the official -seal of ft County 15th day of January,201.9. yl K� Ierkof the and Exhibit B RESOLUTION NO. _I 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, hair Me ssa bzeWry, Clerk f the Board APPROVED AS TO FORM: "rSharon Trask, Commissioner Tim Whitehead, Chief DPA Andy Neatherlin, Commissioner 1 J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2019\Operating Guidelines amended.docx Attachment A MASON COUNTY BOARD OF COMMISSIONERS OPERATING GUIDELINES co IK54 Original Adoption on May 20, 2014, Resolution No. 29-14 Amended November 7,2017,Resolution 64-17 Amended January 15,2019,Resolution 02-19 MASON COUNTY BOARD OF COMMISSIONERS OPERATING GUIDELINES TABLE of CONTENTS 1. PURPOSE....................................................................................................................................................3 2. PUBLIC MEETINGS......................................................................................................................................3 2.1 Meetings-GeneralRules/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 i n it i a I o r final review of matters to come before the Commission at a regular meeting or public hearing. Briefings may involve a single or multiple Departments or Offices and may be held at any time, but are normally scheduled on Mondays,Tuesdays or Wednesdays. e. Study Sessions. Study sessions may be scheduled as needed to provide an opportunity for the Commission to consider matters requiring more in-depth study and discussion, items of County-wide interest or impact, or topics on which the Commission desires to provide an opportunity for numerous Department Heads or Elected Officials to provide input. They also can provide time for presentation of information on a variety of topics of interest to the Commission and to citizens. Study sessions will be held in a variety of formats to best accomplish their purpose. Some will allow for public input and discussion. Others will be internal, informal work sessions for the Commission, with free and open discussion of problems and alternatives, which the public is welcome to hear. The agenda or the presiding officer shall make clear, before each meeting,the format of that meeting. Typically, Commission action shall not be taken during study sessions; however, as identified in Section b above, if previously noticed with an appropriate agenda, a special meeting may directly follow a study session. f. Executive Sessions and Closed Sessions. The Commission may meet in executive session to discuss matters set forth in RCW 42.30.110 including, but not limited to pending litigation,site acquisition of real estate and the price thereof, and certain personnel matters. Similarly, the Commission may also meet in Closed Session to discuss matter set forth in RCW 42.30.140. It is noted that RCW 42.30.060(1) provides, however, that "No governing body of a public agency shall adopt any ordinance, resolution, rule, regulation, order, or directive, except in a meeting open to the public...." and therefore no final action may be taken in an Executive or Closed Session. Executive Sessions and Closed Sessions are that portion of a meeting that may be closed to the public but only for the specified purposes as identified within the Page 4 enabling RCW. g. Adjournment. Any regular, adjourned regular, special or adjourned special meeting may be adjourned in the manner set forth in RCW 42.30.090 (The Open Public Meetings Act: Adjournments). 2.2 Submitting Items to the Commission for Sessions or Meetings Documents submitted to the Commission for consideration at either briefing or regular meetings are due to the Commissioners'office no later than noon on Wednesday of the prior week.All documentation should be submitted on 8.5"x 11" paper. Legal paper should be avoided whenever possible. • Agenda Items require an Agenda Item Summary(Attachment A) • Briefing Items require a Briefing Item Summary (Attachment B) As a general rule,all documents should be submitted with the item on Wednesday. However, if notification of an agenda item has been provided by the Wednesday deadline,the accompanying documentation,including sufficient copies, must be submitted no later than 9 a.m.on Thursday.The Commission reviews the agenda at 10 a.m.on Thursday.Commissioners'Office staff must have time to prepare the agenda, review documentation,and have the agenda and documentation packets ready for review by that time. Note:Sufficient copies mean any required originals and two 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: f 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 TQ BOARD OF MASON COUNTY COMMISSIONERS FROM: _... ........... - - -........ ._...._......... _ DEPARTM ENT: 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 Exhibit C Position 5 RUS AMETM TM 1780-27 APPROVL7) OMB,No.0572.0121 LOAN RESOLUTION {Public Bodies) ARESOLUTIONOFTTIE Board of County Commissioners OFTHB Mason County,Washington AMIORIMIGAND PROVIDING I^OR THE INGURRENGE OF INDEBTEDNESS FOR TFiE PURPOSE OF PROVIDING A 'PORTION OF THE.COST OF ACQU11MG, CONSTRUCTING,ENLARGING,34PR OVINE,ANINOR EXTENDING TM a Beni ds Cove Water System FAMSi'Y TO SERVE AN AREA LAWFUJ.LY VATE N ITS RMISDICTION TO SERVE. W11lrRFas,it is necessary for the Mason County,Washington (public Body) 0-tin 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 punsuarmt to riteprovisiats of RCW 39.46.070 ,'and i WHEREAS,the Association intends to obtain assistance fi*m the United States Deparlmermt 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.fmancing,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 THEREFC!RE,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 ite ns'and in such forms as are required by State statutes and as are agreeable and acceptable to the Govermoent 2. .To refinance the unpaid balance,in whole or in part,of its bonds upon the request o f 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 terns for loans for similespurpuses and periods of tirne as required by section 333(c)of said Consolidated Farm and Rural Development Act(7 U.S.C.1983(c)). 1. To prgviQc for,execute,and comply with Form RD 400-4,"Assurance Agreement,'and Form RD 4MI,"Equal OpportuniCyA�temcnt,"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$I0,000. 4. To indemnify the Government for any payments made or losses suffered by the Crovernment on behalf ofthe Association. Such tixletanif cation shall be payable from the'same somite of funis pledged to pay the bonus or any other legal ly per- missible soence 5. That upon defauk in the payments of anyptincipal and accrued interest on thcbonds or in Hee performance of any co--ani ar agreement contained herein or in the instruments incident to making or insuring the loan,the Government at I ts 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 so—of fiends pledged to pay the bonds or any other legally pernaLmble source),inner and pay reasonable expenses for repair,maintenance,and operation of the facility and such other reasonable expenses as may be necessary to eerie 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 inalring 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 dehakunder any such instrutnent may be j construed by ffie Government to constitute default hereunder. l 6. Not sell,transfer,lease,or otherwise encumber the facility or any portion dwrW,'g qr intemst therein,or permit others to do so,without the prior written consent of the Government. 7. Not to defense the bonds,or to borrow money,enter into any contractor sgrccmcnt,or otherwise incur any liabilities i for any purpose in connection with the facility(exclusive of normae maintenance)without the prior written consent of the Government if such undertaking Would involve the sat?*of funds pledged tntpay the bonds. 8, To place the proceeds of the bonds on deposit or an account and in a manner approved by the Government.Funds may be deposited int institutions insured by the Slate 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 rAmply 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 terVick,operation and maintenance,and the establishment of adequate reserves.Revenue accumulated over and above that needed to pay operating and maintc 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. A—rzftrg to rhe Papernorlt R-tucl)on Act of 1995,an agency may not.c,mdua arspomor,divda pertan 1!Ailteguired res respond to,a collection ofidfarvwda r We= it diplayi a solid OMB eontnzi number. The valid awB contral imutber far this tnfornadon callecdan Is 057"111.M Itmc regnhsd to compleve d ft h formarian callerrion it estimated 10 amaze J hour per response,including the time for reviewing imim—flora,searching esisft data sources,gaiheriag and maintdaft rhe dam needed_and conrpktins and m•tewhig the collection oftnforwation 1 L -2- 11. T4 acquire and maintain such insuiadee 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 requiredby the Govcnvnent,to provide the Government a copy of each such audit without its request,and to furward to the Government such additional information and rports as it may fromtime to time require. 13. To provide the Government at all reasonable tortes access to all boolci dad records relating to the fatality 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 instmments incident to the making or inseuing of the,loan. 14. That if the Government requaes that a reserve account be established,disbursements from that account(s)may be used avhcit 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. :13. To provide adequate service to all persons within the service area who can feanbly 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 fcasib}e and legal,such prison 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. Y I 17. To accept.a grant in an amount not to exceed S 0 under the terms offered by the Government;that the n/a i--- - and, n!a of the Association are hereby authorized and empowered to take all action necessmy 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 instrwents 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 Govvnment or assignee.The provisions of sections 6 through 17 hereof may be provided for in more specific tietarff in time bond resolution or ordnance; to the extent that the provisions contained in such bond resolution or ordinance should be found to be inconsistent with the provisions hereof these provrsiats shall be construed as controlling between the Association and the Government or assignee. i j llte vote was: Yeas Nays Absent Board of County Commissioners IN ai�1T'NI:.SS WHEREOF,'the of t}re Mason County,Washington has duly adopted this resolution and caused it i to be executed by the officers below in duplicate on this ak l� : day of of (VAL) BY (-�Q ;w S4;,A t4vl Attest- Title � sur Title nf AL302ed-" F g r i } i CERTIFICATION TO BE EXECUTED AT LOAN CLOSING 1,1he undmigned4j_,L2,jCa0 of a,__,..Mason County,Washington as hereby that the Board of Associs Count such fion is composed of County Commissioners member.,of whom, oL —constituting a quonm,wem present at a meeting thmeotAoly COW and January, 2019 held on the day' of and that the foregoing resohnion was adopted at such meeting by the vote shown above,I further certify that as o the date of closing of theloanfrom the Vaited States Department of*dculture,said rmlution remains in effect and has not been restinded,or.amended in any way. Dated,thisJanuar 15M......... day of y.2019 L�