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2019/05/06 - Briefing Packet
BOARD OF MASON COUNTY COMMISSIONERS DRAFT BRIEFING MEETING AGENDA 411 North Fifth Street, Shelton WA 98584 Week of May 6, 2019 Monday, May 6, 2019 Commission Chambers 9:00 A.M. Closed Session — RCW 42.30.140 (4) Labor Discussion 9:30 A.M. Support Services — Frank Pinter 9:45 A.M. Community Services — Dave Windom 10:30 A.M. BREAK 10:45 A.M. Public Works — Jerry Hauth Utilities & Waste Management 11:15 A.M. Proposal from PMMI — Ridge Motorsports Parks — Tracie Schmitt Commissioner Discussion — as needed Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version. Last printed 05/02/19 at 11:35 AM If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF May 6, 2019 In the spirit of public information and inclusion, the attached is a draft of information for Commissioner consideration and discussion at the above briefing. This information is subject to change, additions and/or deletion and is not all inclusive of what will be presented to the Commissioners. Please see draft briefing agenda for schedule. CO 1854 Mason County Support Services Department Budget Management ' coU� th Commissioner Administration 411 North 5 Street Emergency Management Shelton, WA 98584 Facilities, Parks&Trails 360.427.9670 ext. 419 Human Resources Information Services v Labor Relations Risk Management MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES May 6, 2019 • Specific Items for Review 0 2019 Budget adjustments (June 18 hearing date)—Jennifer o Set public hearing for one 2018 Open Space application — Diane • Commissioner Discussion J:\DLZ\Briefing Items\2019\2019-05-06.docx MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Jennifer Beierle DEPARTMENT: Support Services EXT: 532 BRIEFING DATE: May 6, 2019 PREVIOUS BRIEFING DATES: N/A ITEM: Requests for Supplemental Appropriations and Budget Transfers to the 2019 Budget EXECUTIVE SUMMARY: The following are requests for supplemental appropriations and budget transfers: Supplemental Appropriations: $5,000 Increase to WSU Extension 001.010 WA State Dept of AG- Giant Hogweed $5,000 Increase to Salary & Benefit Extra Help/Seasonal BARS lines. $1,020 Increase to Clerk 001.070 AOC Equipment Funding $392 Decrease to Current Expense Non-Departmental Fund 001.320 — Ending Fund Balance $1,412 Increase to IT Trackable Equipment $7,000 Increase to Sheriff 001.205 —Off Duty Patrol/USDA $7,000 Increase to Overtime Budget Transfers/Amendments: $45,520 from to Current Non-Departmental 001.320 — Ending Fund Balance to $45,520 Clerk 001.070 —Judicial Support Specialist I One new FTE in the Clerk's Office, approved by the BOCC on 3/5/19. $50,000 from Utilities Funds 403,411,412, &413 — Ending Fund Balance to $50,000 Utilities Funds— Combined Sewer&Water OIC One new FTE in Utilites &Solid Waste Operating, approved by the BOCC on 3/5/19. $32,500 from Current Expense Non-Departmental 001.320 — Ending Fund Balance to $32,500 Current Expense Various Departments— Salary BARS lines Current Expense Funds, 1.5% Non-Represented General Wage Increase, Res. No. 25-19. $23,500 from Various Special Funds— Ending Fund Balance to $23,500 Various Special Funds— Salary BARS lines Special Funds, 1.5% Non-Represented General Wage Increase, Res. No. 25-19. $13,645 from Current Expense Non-Departmental 001.320 — Ending Fund Balance to $13,645 Prosecutor 001.180 — Deputy Prosecutor Tie CDPA salary with 75% of SCJ salary, Res. No. 22-19 $62,000 from Current Expense Non-Departmental 001.320— Ending Fund Balance to $62,000 Community Development 001.125 — Plans Examiner salary & benefit BARS lines One new FTE in DCD, approved by the BOCC on 3/5/19. $5,106 from Current Expense Non-Departmental 001.320 — Ending Fund Balance to $5,106 Long Range Planning BARS lines Land Use Hurst Decision — MOU with Squaxin Island Tribe $10,030 from Current Expense Non-Departmental — Ending Fund Balance to J:\Budget Office\Briefing, Agenda,& Public Hearing Items\Budget Hearings\2019\6.18.19 Budget Hearing\Briefing Summary 5.6.2019-Budget.doc $10,030 Superior Court 001.250—Judges salary & benefit BARS lines Increase to SCJ salary effective 7/1/19. RECOMMENDED OR REQUESTED ACTION: Request to set public hearing for June 18 at 9:15 am to consider and approve supplemental budget requests and budget transfers. ATTACHMENTS: Requests are available for review. J:\Budget Office\Briefing, Agenda,& Public Hearing Items\Budget Hearings\2019\6.18.19 Budget Hearing\Briefing Summary 5.6.2019-Budget.doc MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Zoren DEPARTMENT: Support Services EXT: 747 BRIEFING DATE: May 6, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Approval to set a public hearing on June 11 to consider the application from Nickolas Opolsky to place parcel 52024-34-00030 into Open Space. EXECUTIVE SUMMARY: The Open Space Taxation Act, enacted in 1970, allows property owners to have their open space, farm and agricultural, and timberlands valued at their current use rather than their highest and best use. RCW 84.34 governs this Act. This is the only application for 2018 and the Assessor recommends that all 6.16 acres be placed into Open Space. RECOMMENDED OR REQUESTED ACTION: Approval to set a public hearing on June 11 to consider the application from Nickolas Opolsky to place parcel 52024-34-00030 into Open Space. Briefing Summary 5/1/2019 APPLICATION NUMBER: CUOS03-2o18 Parcel Number:52024-34-00030 Applicant's Name:Nickolas Opolsky Property Address: Discussion:This property is an undeveloped parcel of 6.16 acres.The applicant indicates that this is a greenbelt area,allowing this parcel into Open Space would be protecting a stream.This parcel is relatively steep on the eastern portion. r;R A C RECOMMENDATION The Assessor recommends that all 6.16 acres be allowed into Open Space. Departmentof Revenue Application for Classification or Reclassification Washington state Open Space Land Chapter 84.34 RCW File With The County Legislative Authority Name ofOwner(s): Nickolas C Opolsky Phone No: Email Address: Address: 271 i� and Road Sheitoh,WaMbS4 Parcel Number(s): b2U24-34-00030 Legal Description: -PCI I of III A909-42 PTN of -SE SW suFvey 9/119,833/180 Total Acres in Application: 6.16 Indicate what category` of open space this land will qualify for: ❑ Conserve or enhance natural,cultural,or scenic resources ® Protect streams,stream corridors,wetlands,natural shorelines,or aquifers ❑ Protect soil resources,unique or critical wildlife,or native plant habitat ❑ Promote conservation principles by example or by offering educational opportunities ❑ Enhance the value to the public of abutting or neighboring parks,forests,wildlife preserves, nature reservations or sanctuaries,or other open spaces ❑ Enhance recreation opportunities ❑ Preserve historic or archaeological sites ❑ Preserve visual quality along highway, road,street corridors,or scenic vistas ❑ 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 granting authority ❑ Farm and agricultural conservation land previously classified under RCW 84.34.020(2),that no longer meets the criteria ❑ Farm and agricultural conservation land that is"traditional farmland"not classified under Chapter 84.33 or Chapter 84.34 RCW,that has not been irrevocably devoted to a use inconsistent with agricultural uses,and has a high potential for returning to commercial agriculture n REV 64 0021 (08/02/17) S 1. De be.the es a of the and. "dreen`'eltowin nome ort adjoining 4.65 acre. tract #52024-34-00000. Subject property has a large ravine,year around. stream & over 70 year old Firs.Natoral. watershed. 2. Is the land.subject.to a lease or agreement which permits:any other use'than its present use? ❑Yes [ No If yes,attach a copy of thelease agreement. 3. Describe the present improvements(residence„buildings;.str.)located on the land. None r 4. is the land subject to any easements? ❑ Yes ` [3 No If.yes,describe the type of easement the easement restrictions;and the length of the easement. 5. if applying for the-farm and agricultural conservation land category,provide a detailed description below about.the previous use,the current use;and the intended future use of the land. does not apply NOTICE: The county-and/or city legislative authorities may require owners to submit additional information regarding the use of the land. . As.owner of the parcel(s)described in this application,:l hereby indicate by my signature below that I am avlraria of the additional tax,interest,and penaities involved when the land ceases to be classified under the provisions of Chapter 84.34 RCW..I also certify that this.application and any accompanying documents are accurate and complete. The agreement to tax according to:use of the property is not a:contract and can.be annulled or canceled.at any time by the Legislature(RCW 84.34.070) Print the name of each owner. Sigrnature of each owner.. Date Nickolas C Qpolsky j •'1V , The granting or denial of an application for classification or reclassification as open space land is a legislative determination and shall.be reviewable only for arbitrary and capricious actions-De nia Is.:are only appealable to the superior court of the county in which the land is located .and the applicatioir is made. REV64 0021(06/02117) '_ Statement of Additional Tax, Interest,and Penalty Due Upon Removal of Classification 1. Upon removal of classification,an additional tax shall be Imposed which shall be due and payable to the county treasurer 30 days after removal or upon sale or transfer, unless the new owner has signed the Notice of Continuance.The additional tax shall be the sum of the following: (a) The difference between the property tax paid as"Open Space Land"and the amount of property tax otherwise due and payable for the last seven years had the land not been so classified plus (b) Interest upon the amounts of the difference in(a),paid at the same statutory rate charged on delinquent property taxes;plus (c) A penalty of 20%will be applied to the additional tax and Interest if the classified land is applied to some other use except through compliance with the property owner's request for withdrawal as described In RCW 84.34.070(1). 2. The additional tax,interest,and penalty specified in(1)shall not be imposed if removal resulted solely from: (a) Transfer to a governmental entity in exchange for other land located within the State of Washington. (b) A taking through the exercise of the power of eml nent domain,or sale or transfer to an entity having the power of eminent domain in anticipation of the exercise of such power. (c) A natural disaster such as a flood,windstorm,earthquake,wildfire,or other such calamity rather than by virtue of the act of the landowner changing the use of such property. (d) Official action by an agency of the State of Washington or by the county or city where the land is located disallows the present use of such land. (e) Transfer of land to a church when such land would qualify for property tax exemption pursuant to RCW 84.36.020. (f) Acquisition of property interests by State agencies or agencies or organizations qualified under RCW 84.34.210 and 64.04.130(See RCW 84.34.108(6)(f)). (g) Removal of land classified as farm&agricultural land under RCW 84.34.020(2Xq(farm home site). (h) Removal of land from classification after enactment of a statutory exemption that qualifies the land for exemption and receipt of notice from the owner to remove the land from classification. (i) The creation,sale,or transfer of forestry riparian easements under RCW 76.13.120. Q) The creation,sale,or transfer of a conservation easement of private forest lands within unconfined channel migration zones or containing critical habitat for threatened or endangered species under RCW 76.09.040. (k) The sale or transfer of land within two years after the death of the owner of at least a fifty percent interest in the land if the land has been assessed and valued as designated forest land under chapter 84.33 RCW,or classified under this chapter 84.34 RCW continuously since 1993.The date of death shown on the death certificate is the date used. (1) The discovery that the land was classified in error through no fault of the owner. REV 64 0021(08/02117) 3 FOR LEGISLATIVE AUTHORITY USE ONLY Date application received: By: Amount of processing fee collected: $ • Is the land subject to a comprehensive land use plan adopted by a city or county? ❑Yes ❑ No If yes,application should be processed in the same manner in which an amendment to the comprehensive land use plan Is processed. If no,application must be acted upon after a public hearing and notice of the hearing shall have been given by one publication in a newspaper of general circulation In the area at least ten days before the hearing. • If the land is not subject to a comprehensive land use plan,is the land located within an incorporated part of the county? ❑ Yes ❑ No If yes,application must be acted upon by three members of the county legislative authority and three members of the city legislative authority.See RCW 84.34.037(1)for details. If no,application must be acted upon by three members of the county legislative authority. ❑Application approved ❑ In whole ❑ In part ❑Application denied ❑ Date owner notified of denial(Form 64 0103): If approved,date Open Space Taxation Agreement(OSTA)was mailed to owner: Signed OSTA received by Legislative Authority on: Copy of signed OSTA forwarded to Assessor on: To ask about the availability of this publication in an alternate format for the visually impaired,please call 1-800-647-7706.Teletype(TTY)users may use the Washington Relay Service by calling 711.For assistance, contact your local county assessors office. REV 64 0021 (08102/17) 4 TerraSean TaxSifter-Mason CouDty VVasilington http;//property.co.reason wa.us/Taxsifter,,Assessor.aspx?IOY[d=3432I.- MASON COUNTY WASHINGTON TAXSIFTER SIMPLE SEARCH SALES SEARCH REETsiFTER. COUNTY HOME PAGE CON1KT DISCLAIMER PAYMENT CART(Ol Melody Peterson Mason County Assessor 411 N STH ST Shelton,,WA 98584 Assessor Treasurer Appraisal MapSifter Parcel Parcel#: 52024-34-00030 Owner Name: OPOLSKY,-NICKDLAS C DOR Code: 91 -Undeveloped-Land Addressl: 2071 W HIGHLAND RD Situs: Address2: Map Number: City,State: SHELTON WA Status: zip: 98584.8994 Description: PCL 1 OF BLA =09-42 PTN OF SE SW SURVEY 9/119,S 33/180 Comment: 2018 Market Value 2018 Taxable Value 2018 Assessment Data _......... _..... . ....,_ --__. _..___._ ......_._....._._ Land. $54,330. Land: $54,330 Di51i iCt: 0142-Tax District 0142 $ .._._— Improvements: $0 Improvements $0 Current Use/DFL: No' Permanent Crop: $0 Permanent Crop: $0 Total $54,330 Total 554;330 Total Acres: 6160001 Ownership Owner's Nance Ownership% OPOLSKY,NICKOLAS C .100 X36 Sales History Sale Sa(e8 =# Date Document Parcels Excise# Grantor :Grandee Price _.. _ - .._.. _ ....._ ........... .__ _ ......... __ ._..,._ FREDERICK'.E&JANET I DAH.MAN. 12/07/09 1950137 f 200906955 BERNARD&CANDICE HOMAN H/111/ - $0 ----v.__---------- ---- _.�_._.. --- __ ._. ._... ----------._. 12/04/09 19500411 09-6944 HOMAN, BERNARD C& OPOLSKY,NICKOLA$C $80,000. CANDACE L 12/04/09 1950041 j 1 1200966944 BERNARD&CANDICE HOMAN 'NICKOLAS C OPOLSKY $80,000: Historical Valuation In ..._._ . Year Billed Owner :Land Impr PermCrop Value 'Total Exempt xable 2018 LOPOLSKY;NICKOLAS C $5030t: $0 $0: $54,330. $0; $54,330 2017 OPOLSKY,NICKOLAS C $46,570' $0; $0 $46,570 $0 $46,570 _... _.--- -------- —__ - _ 2016 i OPOLSKY,NICKOLAS C $46,570 $040; #•46,570 $0' $146,570 2015 ,OPOLSKY,NICKOLAS C $46,5700 $0: $4fi,570 $0' ;46,570 _• $ _ _---_ _- 0,_ 2014 'OPOLSKY,NICKOLASC .. .-... ._—__..$51 745 ... .. $0..: ._._._. ...._._._._.. . _ ._. $0 $51,745 $Oj $51,745. View Taxes 1 Parcel Comments No Comments Available 1 Oft 1149/20910-21 AM Mason County WA GIS Web Map r� gg t , 1 1 ' wml-�. a 1 i 111912018, 12:08:49 PM 1:1,536 0 0.01 0.03 0.05 mi E3 County Boundary 0 0.02 0.04 OM kM ` Site Address (Zoom in to 1:5,000) Tax Parcels (Zoom in to 1:30,000) Sources:Earl.HERE Gamin,Intermap,increment P Corp,GEBCO,USGS. FAA,NPS.NRCAN,GeoBase,(GIN,Nadester NL,Ordnance Survey,Eiri Japan, METI, EW China (Hong KongL swisstopo, O OpenStreetMap contributors,and the GISUser Community Mason County WA GIS Web Map Application Esri Canada.Esri.HERE,Garnb,USGS,NGA,EB\USDA,NPS I _ 1950041 MASON COW 92/04!2009 04;06 PM SWO MnS9N4 COUNTY TITLE INS CO #33989 Rec Fee: 83 00 Pages: 2 IIII�I li(Il1 III 1111 lulfll 111111 Ifll IIII IAB SIN flllllf 111 IIIA Illi NII(II� AFFIDAMIT rip... 1 ....... WHEN RECORDED RETURN TO: WA R.E. EXCISE TAX Name: Nickolas C. Opolsky DEC '0+ 2009 Address: 2071 W Highland Road RAID—� ZD - -- Shelton WA 98584 LISA FRAZIER Escrow Number: 110733 Filed for Record at Request of: Mason County Title Company Document Title Statutory Warranty Deed Reference Numbers of Related Documents Grantors: Bernard C. Homan and Candice L. Homan Grantees: Nickolas C. Opolsky Legal Description: Res ACL 1 of BLA 0-'4Z, PTN SE SW 24- 20-5 Assessor's Property Tax Parcel No.: PTN OF 52024-34-00030 STATUTORY WARRANTY DEED The Grantors, Bernard C. Homan and Candice L. Homan, husband and wife, for and in consideration of Ten Dollars and other good and valuable consideration including Grantee's acquisition leg of an Intemal Revenue Code Section 1031 Tax Deferred Exchange, in hand paid, conveys, and warrants to Nickolas C. Opolsky, a single man, the following described real estate, situated in the County of Mason, State of Washington: See Exhibit "A" attached hereto and made a part hereof. This conveyance is being made directly by the Grantor to Grantee as the request of and under the exclusive control of Tax Deferred Exchange Services, Inc., a Washington corporation, who is acting as Qualified Intermediary for this transaction. Dated: November 25, 2009. Bernard C. Homan Candice L. Homan) STATE OF Washington ) ) ss. COUNTY OF Mason ) 1 certify that I know or have satisfactory evidence that Bernard C. Homan and Candice L. Homan are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument .,.,ko ii1iilw����l/l._ ix't52-0)4 0 Mason County WA GIS Web Map L r� it r o"�r Vit, � h :Y�?��J¢ FE ai F3`"Nf 'F � 3`.. ,+Viw'� '�-. F`�; Fk:� `•L' � a yy � � �.r ROM Z/�<. 4 ��'•f�'{�sE.J� � ��Y"% .+n..X t 4 J hZ 4 .TIfDR 'iF h �`� "�� ��F�:r�r+" f,.s?«'✓:�'> �i�.NS > � kx�m:Y4z, ,rY, ?_ r af.Yr .i2 �r F Residentiai� } r / h N i. 6 11 ----- cadwig ri\ru F43 ~ v+ s r F-T�"' r✓ Wetland Area r � � .."tJ'^w Yt''4• r ry',Y'.. ) ' fh .. a ttT r Af 1 � a . r _ 1/23(2019, 10:01:24 AM 1:1;536 t0 0.01 0.03 0.05 mi Lz1 County Boundary Landforms-DNR 2009 'D tv"ium 0 14Higho 0.0E ON 0.08 km Site Address(Zoom in to IS =, High 2401oderate ❑ Tex Parcels(Zoom in to 1:30,00.0) ill 3-Low pp ._ Contours 5 ft Sources:Esi,HERE,Gamin,intern:rp,incrsment P Corp.,.GEECO,USGS Hamd Zone-DNR 2007 FAD,Ni NRCfiM,GeoBasc IGN,Kadaster NL,Ordnance Sats Edi Japan, WER, Esn China ,,on Kongl. wsswpo 0 OpenSteeMri National ifttlands Inventory(HyperCnked) Lot9r conm6utors:and iheG3^/ser Comnvniy Mason Ccwny MG1S`heb Map Appicaticn Esd Canada,Esr�HERE,Gamin,USGS,NGA.EPA,USDA NPS t is Masan County WA GIS Web Map b1. j r�y+'T-f 7�r's�Y-..�� '`' '-„ `e'ity!"i��`'*''G•r.�..�r.'+T�.X.Vr �`'s.^F� ',✓rs�a��� � ,.����3^r��e'.a i .`s ��'"� -c'�-� .l4LK'i,,y-.'zt J, �?•e r 7'�F3�.? 5 3�- � Residentia ,r��- Y y ON s j)j ctM e�iF�'�is- .F,F3.`� j I -s�+'`�'��r ._.--�-�"� {c M r�r_„�,,�.���s��at� �t y�r�"w��y E� r.�✓���d�s� ��.:- �� �Y � ;4 s�i z�F� �r`tw�r'Si s`,r,,Y., �!yam•`` S l '�r S'cb y� y t`^"4:f7 "f.,�^p Jp � �++�'.... ss-.3��-'•-s-seems.,,,.. ....:...+�:+c�a.. 5..,.._..�......� �?.r......�.,.......i-:.. <. .�_ 7 ub}ec rape , r r Wetland Are Ravine Area S� 1 21i1 fi HIGHLAND R 1 I Resid ntiat _ q4 1123f2019, 1000-00 AM 1:4,538 4 041 0.03 005 mi Count Boundary 0 0.02 ON O W xm ' Site Address(Zoom.in to 1:5;000) 0 Tax Parcels(Zoom in to 1:30,000) Svwceu csi,SER^Garnrn.'rater.'13M as;.ren:ent o Cap.GES.i:SGS, lns.tfd.ceoEane.;(A4,Koch (P.1,J�Cn3ncb�unex Esri Contours 5 ft 3a0w MED, csi Mra t}!org Kang), "nunpa. L apen_qvrerWap ccruitu�ra.aid:Se 19Uzr�Cotnnunity Natonal Wetiands iriventory(Hypertir*.ed) E»caeada,EaihERE Gamin.USM W �uso�nF5 i i WASHINGTON STATE DEPARTMENT OF REVENUE Open Space Taxat*ion Act JULY 2017 The information and instructions in this publication are to be used when applying for assessment on the basis of current use under the "open space laws,"chapter 84.34 , RCW and chapter 458-30 WAC. ' rl�lU II What is the Open Space Taxation Act? Open space land is defined The Open Space Taxation Act, as any of the following: enacted in 1970,allows property owners to have their open space, 1. Any land area zoned for open g.Preserve visual quality along farm and agricultural,and timber space by a comprehensive official highway,road,and street lands valued at their current use land use plan adopted by any city corridors or scenic vistas. rather than at their highest and best or county. h.Retain in its natural state use.The Act states that it is in the tracts of land not less than best interest of the state to 2. Any land area in which the one acre situated in an urban maintain,preserve,conserve,and preservation in its present use area and open to public use otherwise continue in existence would: on such conditions as may be adequate open space lands for the a.Conserve and enhance natural reasonably required by the production of food,fiber,and forest or scenic resources. legislative authority granting crops and to assure the use and the open space classification. enjoyment of natural resources and b.Protect streams or water supply. scenic beauty for the economic and c. Promote conservation of social well-being of the state and soils,wetlands,beaches or 3. Any land meeting the definition of farm and agricultural its citizens. tidal marshes.(As a condition conservation land;'which of granting open space means either: Landsuali in classification,the legislative q �• g for body may not require public a. Land previously classified current use classification access on land classified for under the farm and agricultural The law provides three the purpose of promoting classification that no longer classifications: conservation of wetlands.) meets the criteria and is Open space land d.Enhance the value to the public reclassified under open space land;or wildlife preserves,nature Farm and agricultural land neighbouring parks,forests, b."Traditional farmland;'not w Timber land reservations or sanctuaries classified,that has not been or other open space. irrevocably devoted to a use inconsistent with agricultural e. Enhance recreation uses,and that has a high opportunities. potential for returning to f. Preserve historic sites. commercial agriculture. This fact sheet provides general information regarding the Open Space Taxation Act.The information is current at the date of publication. Please note subsequent law changes may supersede or invalidate some of this information. WASHINGTON STATE DEPARTMENT OF REVENUE r w.; 3. Any parcel of land that is five acres b.Land on which appurtenances or more but less than 20 acres,is necessary for production, r�€gt�,, devoted primarily to agricultural preparation,or sale of uses,and has standing crops with agricultural products exist in an expectation of harvest within: conjunction with the lands a. Seven years and a demonstrable producing such products. investment in the production of c. Any non-contiguous parcel one those crops equivalent to$100 to five acres,that is an integral or more per acre in the current part of the farming operations. or previous calendar year. d.Land on which housing for Farm and agricultural land is b.Fifteen years for short rotation employees or the principal defined as any of the following: hardwoods and a demonstrable place of residence of the farm investment in the production of operator or owner is sited 1. Any parcel of land that is 20 or those crops equivalent to$100 provided the use of the housing more acres,or multiple parcels or more per acre in the current or residence is integral to the of land that are contiguous and or previous calendar year. use of the classified land for total 20 or more acres,and are: agricultural purposes,the a. Devoted primarily to the 4. For parcels of land five acres or housing or residence is on or production of livestock or more but less than 20 acres,"gross contiguous to the classified agricultural commodities income from agricultural uses" land,and the classified land is for commercial purposes. includes,but is not limited to,the 20 or more acres. b.Enrolled in the federal wholesale value of agricultural e. Land that is used primarily for products donated to nonprofit equestrian-related activities conservation reserve program food banks or feeding programs. (CRP)or its successor for which a charge is made, administered by the United including,but not limited States Department of 5. Any parcel of land less than to,stabling,training,riding, Agriculture. five acres devoted primarily to clinics,schooling,shows,or agricultural uses and has produced grazing for feed.Depending c. Other commercial agricultural a gross income of: on the number of classified activities established under acres,the land may be subject chapter 458-30 WAC. a. Prior to January 1, 1993,$1,000 Y J or more per year for three of the to minimum gross income five calendar years preceding requirements. 2. Any parcel of land that five acres the date of application for f. Land that is primarily used or more but less than 20 acres,is devoted primarily to agricultural classification. for commercial horticultural uses,and has produced a gross b.On or after January 1, 1993, purposes, including growing income equivalent to: $1,500 or more per year for seedlings,trees,shrubs, three of the five calendar vines,fruits,vegetables, a. Prior to January 1, 1993,$100 years preceding the date of flowers, herbs,and other or more per acre per year application for classification. plants in containers,whether for three of the five calendar under a structure or not.For years preceding the date of additional criteria regarding application for classification. b. Farm and agricultural land'also this use, please refer to RCW includes any of the following: b. On or after January 1, 1993, 84.34.020(2)(h). $200 or more per acre per year a. Incidental uses compatible with for three of the five calendar agricultural purposes,including wetland preservation, provided years preceding the date of such use does not exceed 20 application for classification. percent of the classified land. 2 WASHINGTON STATE DEPARTMENT OF REVENUE Timber land is defined as the Who may apply? Is there an application fee? following: An owner or contract vendee may The city or county legislative Any parcel of land five or more apply for current use assessment. authority may,at their discretion, acresor multiple parcels of land that However,all owners or contract establish a processing fee to are contiguous and total five or more vendees must sign the application accompany each application.This acres which is or are devoted for classification,and any resulting fee must be in an amount that primarily to the growth and harvest agreement. reasonably covers the processing of timber for commercial purposes. costs of the application. Timber land means the land only and When may I apply? does not include a residential Applications may be made for What happens after I file my homesite.The term includes land classification at any time during application for open space used for incidental uses that are the year from January 1 through compatible with the growing and December 31.If approved,current classification. harvesting of timber but no more use assessment will begin on Applications for classification or than 10 percent of the land may be January 1 following the year the reclassification as"open space land" used for such incidental uses. are made to the appropriate agency application was submitted. or official called the"granting It also includes the land which authority."If the land is located in appurtenances necessary for the Where do I get the application? the county's unincorporated area, production,preparation,or sale of Application forms for the farm and the county legislative authority is the the timber products exist in agricultural land classification are granting authority on the application. conjunction with land producing available from the county assessor's If the land is located within an these products. office.Application forms for the incorporated area of the county, The timber land classification may be open space and timber land the application is acted upon by unavailable in some counties.As a classifications are available from both the county and city legislative result of the passage of Senate Bill either the county assessor's office or authorities. 6180 in 2014,counties have the by contacting the county legislative If the application is subject to a option to merge their timber land authority. comprehensive plan that has been classification into their designated adopted by any city or county it will forest land program under chapter Where do I file the be processed in the same manner 84.33 RCW. To determine whether in which an amendment to the your county offers the timber land application? comprehensive plan is processed. you may contact the An application for open space y y classification is filed with the county If the application is not subject to county assessor or visit the a comprehensive land use plan,a Department of Revenue's website at: legislative authority. public hearing on the application www.dor.wa.gov. An application for farm and will be conducted,but a notice agricultural land classification is filed announcing the hearing must be with the county assessor. published at least 10 days prior to An application for timber land the hearing. classification is filed with the county The granting authority must approve legislative authority.Timber land or reject the application within six applications require that a timber months of receiving the application. management plan also be filed. In determining whether an application made for classification or reclassification should be approved or denied,the granting authority may consider the benefits to the general welfare of preserving the current use of the property. 3 WASHINGTON STATE DEPARTMENT OF REVENUE They may require that certain How does a public benefit What is an"advisory conditions be met including but not rating system work? committee"? limited to the granting of easements. If the county legislative authority has The county legislative authority must If the application is approved,the established a public benefit rating appoint a five member committee granting authority will,within five system(PBRS)for the open space representing the active farming calendar days of the approval date, classification,the criteria contained community within the county.This send an agreement to the applicant within the rating system governs the committee will serve in an advisory for signature showing the land eligibility and valuation of the land capacity to the assessor in classification and conditions subject to the application. implementing assessment guidelines imposed.The applicant may acceptWhen a county creates or amends a as established by the Department of Revenue for the assessment of open or reject the agreement.If the PBRS,all classified open space land applicant accepts,he or she mustwill be rated und space lands,farm and agricultural er the new PBRS. lands,and timber lands. sign and return the agreement to Land that no longer qualifies for the granting authority within classification will not be removed 30 days after receipt. from classification,but will be rated How do I appeal a denial of my The approval or denial of the according to the PBRS.Within 30 days farm and agricultural land application for classification or of receiving notification of the new application? reclassification is a legislative assessed value established by the The owner may appeal the assessor's determination and is reviewable only PBRS,the owner may request denial to the board of equalization in for arbitrary and capricious actions. removal of classification of the land the county where the land is located. Appeal can be made only to the without imposition of additional tax, The appeal must be filed with the superior court of the county where interest,and penalty. board on or before July 1 of the year the application was filed. of the determination or within 30 Within 10 days of receiving notice What happens after I file my days after the mailing of the notice of classification of the land from the application for farm and of denial,or within a time limit of up granting authority,the assessor agricultural land classification? to 60 days adopted by the county g submits the notice to the county Upon application for classification or legislative authority,whichever auditor for recording in the place reclassification,the assessor may is later. and manner provided for the public require applicants to provide data recording of state tax liens on regarding the use of the land, What happens after I file my real property. including,but not limited to,the application for timber land If approved,current use assessment productivity of typical crops,sales classification? will begin on January 1 following the receipts,federal income tax returns, Applications for timber land year the application was submitted. other related income and expense classification or reclassification are The criteria for classification continue data,and any other information made to the county legislative to apply after classification has been relevant to the application. authority.A timber management granted. The application will be considered plan is required at the time of approved unless the assessor notifies application or when a sale or transfer the applicant in writing prior to May of timber land occurs and a notice PP � 9 p Y 1 of the year after the application of continuance is signed. was submitted.The criteria for The application form requests classification continue to apply after information about forest classification has been granted. management,restocking,fire protection,insect and disease control,weed control,and any other summary of experience and activity that supports the growth and harvest of timber for commercial purposes. 4 WASHINGTON STATE DEPARTMENT OF REVENUE The application is acted upon in a In determining the current use value How long does the manner similar to open space land of farm and agricultural land,the classification last? applications and within six months assessor considers the earning or The land continues in its classification of receiving the application. productive capacity of comparable until a request for removal is made by Approval or denial of a timber land lands from crops grown most the owner,the use of land no longer application is a legislative typically in the area averaged over complies,a sale or transfer to an determination and is reviewable only not less than five years.This earning owner that causes land to be exempt for arbitrary and capricious action. or productive capacity is the"net cash from property taxes,or the Appeal can be made only to the rental and is capitalized by a"rate of ownership has changed and the new interest"charged on long term loans owner has not signed a Notice of superior court of the county where secured b mortgage on farm or g the application was filed. y a Continuance.The notice of removal is agricultural land plus a component recorded with the county auditor in Within 10 days of receiving notice of for property taxes. the same manner as the recording of classification of the land from the Timber land is valued according state tax liens on real property. granting authority,the assessor to a schedule prepared by the Additional tax,interest,and penalties submits the notice to the county Department of Revenue according to will apply if the land is removed and auditor for recording in the place chapter 84.33 RCW. The Department the removal does not meet one of and manner provided for the public of Revenue annually adjusts and the exceptions listed in RCW recording of state tax liens on real certifies timber land values to be used 84.34.108(6). property. by county assessors in preparing If approved,current use assessment assessment rolls.The assessors assign How do I withdraw from will begin on January 1 following the the timber land values to the classification? year the application was submitted. property based upon land grades The criteria for classification continue and operability classes. intending to withdraw all ss a p to apply after classification has been portion of the land from classification granted. after 10 years of classification,the When are taxes due owner must complete a withdrawal on classified lands? form with the county assessor. How is the value of classified Land classified as open space,farm If a portion of the land is removed land determined? and agricultural,or timber land is from classification,the remaining The assessor is required to maintain assessed at its current use value and portion must meet the requirements two values for each parcel that is placed on the assessment rolls the of original classification unless the classified.The first is the value that year after the application was remaining land has different income would be placed on the land if it was submitted. Taxes on classified land or investment criteria. not classified.This is commonly are due and payable the year after the referred to as the"fair market value:' current use value was placed on the The second is the current use land assessment rolls. value based on its current use,not highest and best use,as classified by the granting authority. Open space land located within a county that has adopted a public ,SII benefit rating system will be valued according to the criteria of the rating system. In the absence of a rating system, the per acre value can be no less than the lowest per acre value of classified farm and agricultural land in the county. 5 WASHINGTON STATE DEPARTMENT OF REVENUE What happens after I file What if I want to change the use Upon removal from a request to withdraw? of my classified property? classification,what taxes Upon receipt of a request for An owner changing the use of land are due? withdrawal,the assessor notifies from a classified use must notify the At the time the land is removed from the granting authority that originally county assessor within 60 days of this classification,any taxes owing from approved the classification,and, action.The assessor will remove the January 1 of the removal year the assessor withdraws the land from land from classified status and through the removal date,and any classification.The land withdrawn impose an additional tax equal to the additional tax,applicable interest, from classification is subject to seven difference between the tax paid on and penalty owing are due and years of additional tax and interest, the current use value and the tax that payable to the county treasurer but not a 20 percent penalty. would have been paid on the land within 30 days of the owner being had it not been classified.The notified. What happens if the classified additional tax is payable for the last seven tax years,plus interest at the land is sold or transferred? same rate as charged on delinquent What if the additional taxes When classified land is sold or property taxes,plus a penalty of 20 are not paid? transferred,the seller or transferor percent of the total amount. Any additional tax,applicable becomes liable at the time of sale interest,and penalty become a lien for the additional tax,interest,and on the land at the time the land is penalty unless the new owner(s) If the assessor removes removed from classification.This signs the Notice of Continuance my land from classification, lien has priority over any other which is attached to or shown on may I appeal? encumbrance on the land.Such the real estate excise tax affidavit. Yes,the owner may file an appeal of a lien may be foreclosed upon The county auditor cannot accept the removal from classification to the expiration of the same period after an instrument of conveyance on any county board of equalization on or delinquency in the same manner as classified land unless the Notice of before July 1 of the year of the delinquent real property taxes.If Continuance has been signed or the determination,or within 30 days of unpaid,interest is charged on the additional tax,interest,and penalty the date the notice was mailed by the total amount due at the same rate has been paid.The assessor assessor,or within a time limit of up that is applied by law to delinquent determines if the land qualifies to 60 days adopted by the county property taxes. Interest accrues from for continued classification legislative authority,whichever the date of the delinquency until the is later. date the total amount is paid in full. What is done with the additional tax,interest,and penalty paid when land is removed from classification? Upon collection,the additional tax MINis distributed by the county treasurer in the same manner in which current taxes applicable to the subject land are distributed.The applicable interest and penalties are distributed to the county's current expense fund. 6 WASHINGTON STATE DEPARTMENT OF REVENUE How do I change the Is supporting information Need More Information? classification of my property? required to change Requirements for making application Land may be reclassified,upon classifications? for current use classification are request by the owner,subject toall The assessor may require an owner available at the county assessor's applicable qualifications for each of classified land to submit data office or by contacting the county classification,without additional tax, regarding the use of the land, legislative authority. interest,and penalty for the productivity of typical crops,income For general information contact: following: and expense data,and similar ■ Department of Revenue, information regarding continued Property Tax Division 1. Land classified as farm and eligibility. P.O.Box 47471 agricultural land may be reclassified to timber land;timber Olympia,Washington 98504-7471 land may be reclassified to farm Laws and Rules (360)534-1400 and agricultural land. It is helpful to read the complete ■ Website dor.wa.gov 2. Land classified as either farm laws,Revised Code of Washington, ■ chapters 84.33 and 84.34(RCW)and Telephone Information Center and agricultural land or timber rules,Washington Administrative 1-800-647-7706 land under chapter 84.34 RCW,or Code,chapter 458-30(WAC)to forest land under chapter 84.33 understand requirements of the ■ For tax assistance or to request this RCW may be reclassified to open classifications and the tax liabilities document in an alternate format, space land. incurred. visit http://dor.wa.gov or call 3. Land classified as farm and 1-800-647-7706.Teletype(TTY) agricultural land or timber land users may use the Washington may be reclassified to forest land Relay Service by calling 711. under chapter 84.33 RCW. 4. Land previously classified as farm and agricultural land may be reclassified to open space land as"farm and agricultural conservation land"and subsequently be reclassified back to farm and agricultural land. Applications for reclassification are acted upon in the same manner as approvals for initial classification. The county assessor approves all applications for farm and agricultural classifications and reclassifications. The county legislative authority(and in some cases,the city legislative authority)approves all land classifications or reclassifications for timber land and open space land, including farm and agricultural conservation land. Department of Revenue C Washington State http://dor.wa.gov PTFS0046 07/17 7 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen, Planning Manager DEPARTMENT: Community Services EXT: 286 BRIEFING DATE: May 6, 2019 PREVIOUS BRIEFING DATES: None ITEM: Place on May 14, 2019 Action Agenda to set a Public Hearing for June 4, 2019 to consider amendments to Title 8.52 Resource Ordinance related to the Voluntary Stewardship Program. EXECUTIVE SUMMARY: After adoption of County Ordinance 07-12, Mason Conservation District (District) was assigned lead entity to establish the Voluntary Stewardship Program (VSP) including forming a Work Group to develop and administer a Work Plan. The VSP Work Plan was completed and approved by the State in July 2018. The District and Planning staff is proposing amendments to the Mason County Code Title 8, Chapter 8.52 relating to the implementation of the VSP Work Plan. The Planning Advisory Commission held a public hearing to consider these amendments on January 28, 2019 and again on April 15, 2019. They recommended approval, as amended, to the BOCC. This briefing is for the Notice of Hearing to be published in the Journal. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Approval to set a Public Hearing for June 4, 2019 to consider amendments to Title 8.52. ATTACHMENTS: Mason Conservation District staff report Ordinance No. 07-12 VSP Reference Guide Title 8.52 amendments Notice of Hearing Briefing Summary 4/29/2019 lzwil MASON CONSERVATION DISTRICT 450 W. Business Park Road • Shelton, WA 98584 Phone: (360) 427-9436 • FAX: (360) 427-4396 www.masoncd.org Proposed Text Amendments— Mason County Resource Ordinance VOLUNTARY STEWARDSHIP PROGRAM REVISED PLANNING ADVISORY COMMISSION A public hearing was held with the Mason County Planning Advisory Commission on Monday,January 28, 2019 at 6:30 pm. The hearing was to consider proposed text amendments to the County's Resource Ordinance that would provide reference and inclusion of the Voluntary Stewardship Program. Mason County opted into the Voluntary Stewardship Program, or VSP, in December of 2012; however,funding to implement the Program was not available until 2015. In August of 2016 the County entered into an Interlocal Agreement with the Mason Conservation District to serve as Lead Entity responsible for implementing the VSP. Under that Agreement,the District prepared the required VSP Work Plan and received state approval of that Plan in July of 2018. Implementation of that Work Plan is currently underway and in furtherance of that process the Board of County Commissioners has requested amendments to the County's Resource Ordinance. The amendments are to incorporate the VSP into the Code to serve as notification of the County's enrollment in the program and of its role in the protection of critical areas. At the request of the Commissioners, the District prepared proposed text amendments which were presented to the Planning Advisory Commission during the January public hearing. At the conclusion of that hearing, the proposal was tabled until Mach 18, 2019 to allow Planning Commissioners to submit comments and for the District to revise the document. REVISIONS TO PROPOSED AMENDMENTS The original amendments as suggested by the District were quite substantial in terms of their placement throughout the Ordinance. References to the VSP were located in each relevant critical area section along with some additional introductory and conclusory sections. After Planning Commissioner discussion and comments,the amount of VSP references within the document was abbreviated in exchange for a more lengthy focal discussion in a single section. Section edits are as follows: SECTION CHANGES PAGE 8.52.020— PURPOSE The new paragraph was amended to remove mention of the Open 3 Space Tax Program. 8.52.021— This new section has been deleted in its entirety. 3 APPLICABILITY 8.52.030—DEFINITIONS The definition of VSP has been shortened to be more to the point 18 Page / 1 Promoting the sustainable use,conservation and restoration of natural resources in our community MASON CONSERVATION DISTRICT 450 W. Business Park Road • Shelton, WA 98584 Phone: (360) 427-9436 • FAX: (360) 427-4396 www.mosoncd.org and then to reference the focal section. 8.52.050— This section was chosen to be the focal due to its discussion of other 25 RELATIONSHIP TO OTHER relevant legislation impacting resource areas. An expansive REGULATIONS discussion of the program has been added for more clarity and to serve as the documents central reference point for VSP context. 8.52.061— Reference to VSP removed from this individual section. 32 AGRICULTURAL RESOURCE LANDS 8.52.110—WETLANDS Reference to VSP removed from this individual section. 41 8.52.120—CRITICAL Reference to VSP removed from this individual section. 58 AQUIFER RECHARGE AREAS 8.52.130— FREQUENTLY Reference to VSP removed from this individual section. 68 FLOODED AREAS 8.52.140— Reference to VSP removed from this individual section. 70 GEOLOGICALLY HAZARDOUS AREAS 8.52.150—SEISMIC Reference to VSP removed from this individual section. 81 HAZARD AREAS 8.52.160—EROSION Reference to VSP removed from this individual section. 82 HAZARD AREAS 8.52.170— FISH AND Reference to VSP removed from this individual section. 86 WILDLIFE HABITAT AREAS 8.52.170(D)(a)— Revised language deferring to VSP. 91 AGRICULTURAL ACTIVITIES 8.52.170(F)— Added reference to VSP. 100 STEWARDSHIP OPTIONS AND INCENTIVES 8.52.200—GENERAL Added exemption for agricultural activities, with the exception of 112 EXEMPTIONS geologically hazardous, seismic hazard and frequently flooded areas. Page 12 Promoting the sustainable use,conservation and restoration of natural resources in our community RESOLUTION NO. V�— ELECTING TO PARTICIPATE IN THE VOLUNTARY STEWARDSHIP PROGRAM FOR PROTECTION OF CRITICAL AREAS (RCW 36.70A.705) WHEREAS,the Washington State Legislature,through ESHB 1886, known as the Ruckelshaus Process Bill, created a Voluntary Stewardship Program ("VSP") for protection of critical areas associated with agricultural activities; and WHEREAS, ESHB 1886, as codified in RCW 36.70A.710, states that "As an alternative to protecting critical areas in areas used for agricultural activities through development regulations adopted under RCW 36.70A.060, the legislative authority of the county may elect to protect such critical areas through the program."; and WHEREAS, in order to participate in the VSP,the county legislative authority must elect to participate by January 22, 2012; and WHEREAS, prior to electing to participate in the VSP a county is required to confer with tribes, environmental and agricultural interests; and provide notice following the public participation and notice provisions of RCW 36.70A.035 to property owners and other affected and interested individuals,tribes, government agencies, businesses, school districts, and organizations; and WHEREAS, Mason County established a VSP website and email address to provide effective cornmunication for providing and receiving information; provided a News Release to KMAS, KRXY, Shelton-Mason County Journal, The Olympian, Shelton Chamber Of Commerce, North Mason Chamber Of Commerce, City Of Shelton, Economic Development Council, and The Kitsap Sun and a formal public notice to the Shelton-Mason County Journal; and mailed notice of the public hearing to interested individuals, tribes, government agencies, businesses, school districts, and organization; and WHEREAS, after due notice, the Mason County Board of County Commissioners held a public hearing on January 17, 2012 to hear testimony and take public comments regarding Mason County decision to opt-in to the VSP pursuant to RCW 36.70A.710; and WHEREAS, on January 17, 2012 the Mason County Board of County Commissioners considered this Resolution and officially elects to participate in Voluntary Stewardship Program (RCW 36.70A.705) and adopts the following findings: 1. The Board of County Commissioners hereby elects to enroll the entirety of unincorporated Mason County, and all of its watersheds, in the Voluntary Stewardship Program established by Engrossed Substitute House Bill 1886 (RCW 36.70A.705); and 2. The Board of County Commissioners hereby acknowledges that the county includes portions of five watersheds including Kennedy Goldsborough, Kitsap,Skokomish- Dosewallips and South Shore of Hood Canal, Queets-Quinault, and Lower Chehalis. 3. The Board of County Commissioners hereby nominates all of its watersheds for consideration by the State Conservation Commission as priority watersheds; and 4. There is local leadership to make the Voluntary Stewardship Program successful; and 5. Data relevant to the VSP is available and there are some watershed plans and implementation strategies that can be integrated; and 6. Technical assistance is available locally as necessary to develop and implement the Program; and 7. With adequate funding, there is a likelihood of success with a local effort to establish and implement the Voluntary Stewardship Program. BE IT FURTHER RESOLVED by adoption of this resolution Mason County is eligible for state grant-funding to accomplish the intent of the Voluntary Stewardship Program, and that Mason County will proceed as required under the Growth Management Act and RCW 36.70A.705 to implement the requirernents of the Voluntary Stewardship Program once adequate funding is provided by the state. ADOPTED this_a day of January, 2012. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: 4Cf(.t: G' (tGILaIh�� Lyoffing Erickson. air Shannon Goudy, Clerk oft e Board APPROVED AS TO FORM: Tim Sheldon, Commissioner Tim Whitehead, Chief DPA Steve Bloomfield, C missioner MASON CONSERVATION DISTRICT 450 W.Business Park Road•Shelton,WA 98584 Phone: (360)427-9436•FAX: (360)427-4396 www.masoncd.org Reference Guide - Mason County Resource Ordinance VOLUNTARY STEWARDSHIP PROGRAM Enabled under the state's Growth Management Act (RCW 36.70A.700) on July 22, 2011, the Voluntary Stewardship Program is a non-regulatory, incentive-based approach to protecting critical areas on agricultural lands, while maintaining agricultural viability. This means that under the VSP agricultural activities would NO LONGER be regulated by development regulations, but instead would be monitored under the Program. Washington counties had the option to elect if they chose to participate in the Program, and Mason County opted in on January 17, 2012. The Program requires a VSP Work Plan be approved by the Washington Conservation Commission before implementation,and Mason County received such approval on June 19, 2018. As of that date, Mason County has and is operating as a VSP County. The following is the definition of agricultural activities as defined in VSP and the table illustrates agricultural activities NO LONGER regulated under the CAO. AGRICULTURAL ACTIVITIES (as per RCW 90.58) means agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation. CAO VSP WETLANDS I D.(1)(b) Mason Environmental Permit required for VSP permits maintaining of agricultural lands the construction of stormwater facilities. under production and cultivation,which may include best management practices design to address stormwater runoff and would not require an MEP. D.(1)(e)Mason Environmental Permit required VSP permits the repair and replacement of the construction,reconstruction, demolition,or agricultural facilities so long as they are no closer expansion of any structure. to a shoreline without an MEP. D.(2) Activities permitted without a Mason VSP is an incentive based voluntary approach to Environmental Permit include agricultural critical area protection in area where agricultural activities provided they are conducted using best occurs; best management practices are voluntary, management practices, except where such not mandatory. activities result in the conversion of a regulated wetland or wetland buffer to a use to which it VSP does not distinguish between new and was not previously subjected ... . existing agricultural activities in its application and would not prohibit conversion of a use to P a g e / 1 Promoting the sustainable use,conservation and restoration of natural resources in our community MASON CONSERVATION DISTRICT 450 W.Business Park Road•Shelton,WA 98584 Phone: (360)427-9436•FAX: (360)427-4396 www.masoncd.org agricultural in a wetland or wetland buffer. D.(2)(d)Activities permitted without a Mason VSP does not distinguish between new and Environmental Permit include existing and existing agricultural activities in its application, ongoing agricultural activities with the exception and does not limit activity suspension to any time of new activities and activities that have ceased period. for more than five years. D.(2)(h)(i)Activities Permitted without a Mason VSP does not restrict conversion of structures Environmental Permit include normal used for agricultural activities, nor does it prohibit maintenance, repair,or operation of existing changes in size provided expansion does not serviceable structures,facilities,or improved areas mover closer to a shoreline. exce t] modification that changes the character, scope,or size of the original structure,facility, ...; VSP does not require a two year limitation for and repairs or replacement. (iii) Repair or reconstruction of damaged or destroyed structures within two years of the damage or destruction. E.(2)Wetland Buffers and Setbacks. Under VSP,agricultural activities are not subject to buffers and setbacks. CARAs 8.52.120 (D) Prohibits Feedlots Feedlots as an agricultural activity are permitted under VSP. FREQUENTLY • • t t AREAS 8.52.130 No Exemptions VSP Work Plan for Mason County has included flood area restrictions as a regulatory backstop to achieve overall critical area protection. Agricultural activities occurring in frequently flooded areas are regulated under the CAO, and not the VSP. No Exemptions VSP Work Plan for Mason County has included geologically hazardous area restrictions as a regulatory backstop to achieve overall critical area protection. Agricultural activities occurring in these areas are regulated under the CAO,and not the VSP. SEISMIC HAZARD AREAS 8.52.150 No Exemptions VSP Work Plan for Mason County has included seismic hazard area restrictions as a regulatory backstop to achieve overall critical area protection. Agricultural activities occurring in these areas are regulated under the CAO,and not the VSP. EROSION HAZARD AREAS 8.52.160 D. Development Standards Under VSP, agricultural activities are not subject 7� to the development standards, including the Page 12 Promoting the sustainable use,conservation and restoration of natural resources in our community MASON CONSERVATION DISTRICT 450 W.Business Park Road•Shelton,WA 98584 Phone: (360)427-9436•FAX: (360)427-4396 www.mosoncd.org geotechnical report and soil erosion and sediment control plans. D.(2)The construction or placement of Under VSP, maintaining, repairing,and replacing structures or increasing the structural footprint agricultural facilities are permitted without an shall undergo mitigation sequencing and shall HMP provided that the replacement facility is no require a habitat management plan. closer to the shoreline than the original facility. D.(4)(a) New agricultural activities do not Under VSP,there is no distinction between new require a habitat management plan if complying and ongoing agricultural activities and with current conservation plan. conservation plans are voluntary,not mandator . D.(4)(d) Fences up to three feet in height are Under VSP,conducting agricultural operations allowed in the buffer and setback without a and maintaining agricultural lands under habitat management plan. production or cultivation at times require fencing as a best management practice;fences at any height serving in that capacity would not be regulated under this section. E.(4)(a)Setbacks do not apply to agricultural Under VSP,there is no distinction between new structures associated with existing commercial and existing agricultural operations as it applies agricultural operations; however new agricultural to setbacks and HMPs,and would not be development activities are subject to setbacks regulated under this section. and habitat management plans. E.(4)0)li)The remodel and repair of structures Under VSP,agricultural facilities are not subject are limited to existing footprint;and (ii) to this these restrictions reconstructions are only permitted within five ears of destruction. Any questions .... ANY QUESTIONS AT ALL... please call Barbara Adkins at(360)427-9436, ext. 104 or email at baclkinsgrnasonccl.org. Page 13 Promoting the sustainable use,conservation and restoration of natural resources in our community ATTACHMENT"A" Resource Ordinance Title 8.52 MCC 8.52.020 — Purpose. The purpose of the Resource Ordinance is to protect Mason County's natural resource lands and critical areas while the County develops its comprehensive plan and associated regulations. The regulations established in this Chapter,adopted by Ordinance No.77-93, seek to: Establish uniform processes to be used by Mason County for the review of land use and development proposals within critical areas and resource lands. Conserve resource lands for productive economic use by identifying and designating resource lands where the principal and preferred land use is commercial resource management,and by protecting the same from incompatible land uses. Protect the identified critical areas in their natural functions, along with air and water quality, to sustain the County's quality of life. Encourage creative development techniques and land use practices which will help to accomplish these goals. Encourage the voluntary enrollment of agricultural lands and uses into the Open Space Tax Program and agricultural activities into the Voluntary Stewardship Program. This ordinance fulfills the goals of the State Growth Management Act(RCW 36.70A et al) and the State Environment Policy Act (RCW 43.21). 8.52.030 — Definitions. For the purposes of this chapter: Voluntary Stewardship Program: Enabled under the state's Growth Management Act(RCW 36.70A.700) on July 22, 2011, this is a non-regulatory, incentive-based approach to protecting critical areas on agricultural lands, while maintaining agricultural viability. (Refer to MCC 8.52.050(E)) 8.52.050 — Relationship to Other Regulations. (E) Voluntary Stewardship Program. Washington's Growth Management Act(Chapter 36.70A RCW) requires all counties to identify and protect critical areas, including critical areas on agricultural lands.The Voluntary Stewardship Program(VSP), adopted on July 22, 2011,offers a voluntary, incentive based approach for counties to meet that requirement.The Program begins by establishing a baseline of critical area conditions and then monitors responsive changes to that baseline over a 10-year period. The VSP applies to land where agricultural activities occur, and provides a unique strategy to protect critical areas while also promoting agriculture. Rather than creating new regulations,the VSP allows Mason County to rely on education, outreach, and voluntary incentive programs to achieve protection. Under VSP, critical areas on lands where agricultural activities are conducted are protected under this voluntary program instead of the resource regulations through best management,or conservation, practices. Lands used for non-agricultural purposes continue to be regulated under the regulations of this Chapter. The guiding document for the VSP is the Work Plan; however the VSP is not a regulatory program and the completed Work Plan is not formally Page/1 Amending Title 8,Chapter 8.52 to Incorporate the Voluntary Stewardship Program ATTACHMENT"A" adopted by the Mason County Commissioners. The VSP does not grant the state or the county any additional regulatory authority. (1) Work Plan The Work Plan was developed by the VSP Work Group which is a Commissioner appointment citizen group comprised of agricultural producers, interested citizens, and agency representatives.The Work Plan includes detailed information such as protection and enhancement goals measurable benchmarks, and an implementation, reporting, and tracking framework. One of the main goals of the Work Plan is to identify conservation practices that are implemented under existing programs or voluntarily implemented practices,and identify future goals and benchmarks for continued protection and enhancement of the County's critical area functions and values. (2) Participation in VSP The VSP applies to all agricultural activities where they intersect with critical areas, including new and ongoing activities. Many agricultural operators in Mason County are already conducting conservation practices that promote agricultural viability while also providing protections to critical areas. Under VSP,operators have flexibility in how they participate ranging from continuing current agricultural operations outside of any tracking framework to implementing an Individual Stewardship Plan with new or additional conservation practices and annually sharing practices implemented as part of the reporting process. No agricultural operator will be required to participate in voluntary stewardship practices as part of this program, and the program cannot require anyone to discontinue any agricultural activities legally existing before July 22, 2011. (3) Individual Stewardship Plans Individual Stewardship Plans(ISPs)are generally prepared by the Mason Conservation District, as the designated technical assistance entity,together with the agricultural operator,to capture the protection and/or enhancement activities performed bV the operator as part of the VSP. ISPs are not defined in the VSP statute, and could even take the form of a simple checklist of conservation practices and programs that further the goals of the VSP. Every ISP developed as part of the VSP will count toward the success of the overall program, even if it captures conservation practices already being implemented as long as they were started after the baseline date of July 22, 2011. (4) Baseline Conditions The effective date of the VSP legislation is July 22, 2011.This date identifies the baseline for protecting critical areas functions and maintaining agricultural viability that will be the comparison for determining the success of the Work Plan during implementation. (5) Benefits to Participation The VSP serves as an alternative to the regulatory approach of the GMA by allowing Counties to show protection of critical areas through voluntary stewardship measures. Participating in VSP contributes to its overall success,which means less regulatory burden on Mason County's agriculture operators.At the County level,the VSP provides an opportunity to avoid application of critical area regulations to agricultural activities, while developing a locally-tailored approach to protection of critical areas on agricultural lands. At the individual level, participants receive technical assistance including leveraging existing MPage 12 �� Amending Title 8,Chapter 8.52 to Incorporate the Voluntary Stewardship Program ATTACHMENT"A" voluntary incentive programs such as financial assistance and cost share programs, and the planning and implementation of conservation activities. VSP encourages the implementation of conservation activities that benefit agricultural viability. (6) Regulatory Backstop The VSP allows for counties to incorporate existing regulations that help achieve the Work Plan's goals and benchmarks. These regulatory backstops are portions of this Chapter that will remain in full force and effect and existing and future agricultural activities occurring in these critical areas will continue to be regulated under the County's resource regulations. Under the approved Work Plan Section 8.52.140 (Geologically Hazardous Areas) Section 8.52.150(Seismic Hazard Areas) and Section 8.52.130 (Frequently Flooded Areas)will remain in effect for agricultural activities occurring in these critical areas. 8.52.170 — Fish and Wildlife Habitat Conservation Areas. (D) Establishment of Buffers on Fish and Wildlife Habitat Conservation Areas. FWHCA's shall have buffers established and maintained along their perimeters. Buffers shall be retained in their natural condition, except as provided elsewhere in the ordinance codified in this chapter. (4) Activities in FWHCA's or Buffers that Do Not Require a Habitat Management Plan. (a)' Agricultural Activities. All new agFiCU!twal activities within any FWHCA and/erits buffeF complying with a euKent eonseFvatien plan that 604OFFnS With the standa state ageney. DiFeet seeding of aquacultwe is not eansideFed devel ,..w en-t.For all new and ongoing agricultural activities refer to Section 8.52.050(E). (F) Stewardship Options and Incentives. The purpose of this subsection is to encourage property owners to protect critical areas and their buffers and to reduce the burden on property owners from the application of the Resource Ordinance regulations. The options given below may be used individually, or they may be combined for greatest effect and benefit. (9) {#Voluntary Stewardship Program. The implementation of plans and practices that voluntarily protect and enhance critical areas where agricultural activities are conducted. Refer to Section 8.52.050(E). 8.52.200 — General Exemptions. The following activities shall be exempt from the provisions of this ordinance: (10) Agricultural activities as defined in MCC Section 8.52.030, with the exception of those activities conducted in geologically hazardous areas,seismic hazard areas,and frequently flooded areas. Refer to Section 8.52.050(E). Exemption from this Chapter shall not be deemed to grant exemption from any other provisions of the Mason County Code including MCC Chapter 14.04 (State Building Codes) MCC Title 17 (Zoning and Shoreline Master Program), and all applicable state and federal laws including the Federal Clean Water Act,the Washington Water Pollution Control Act the U.S. Endangered Species Act and the Washington State Environmental Policy Act. Page l 3 Amending Title 8,Chapter 8.52 to Incorporate the Voluntary Stewardship Program 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,June 4, 2019, at 9:15 A.M. SAID HEARING will be to consider adopting amendments to Title 8, Chapter 8.52 (Resource Ordinance) relating to the Voluntary Stewardship Program (VSP). If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. If special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 14th day of May 2019 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal - Publish 2x: May 23 &30, 2019 (Bill: Community Development-615 W.Alder,Shelton, WA 98584) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen, Planning Manager DEPARTMENT: Community Services EXT: 286 BRIEFING DATE: May 6, 2019 PREVIOUS BRIEFING DATES: None ITEM: Place on May 14, 2019 Action Agenda to set a Public Hearing for June 4, 2019 to consider a request for rezone. • Rezoning 29.04 acres from Rural Residential 5 (RR5) to Rural Tourist Campground (RTC) EXECUTIVE SUMMARY: The Department of Community Services received a rezone request from the applicant's agent at the end of 2018. The applicant has"gifted"the property to a non-profit for use as a youth camp. The Planning Advisory Commission held a public hearing to consider the rezone on April 15, 2019. They recommended approval to the BOCC. This briefing is for the Notice of Hearing to be published in the Journal. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Approval to set a Public Hearing for June 4, 2019 to consider request for rezone. ATTACHMENTS: Maps Letter from Impact Northwest (new property ownership) Notice of Hearing Briefing Summary 4/29/2019 JW 's Mason County WA GIS Web Map ILA "f f' tis.4. is"i. . •,�a., .`!, J L d 1p�ffJ, G: jr 1191A NMI � c : b 11/13/2018 9:04:24 AM 1:3,074 _ 0 0.03 0.05 0.1 mi FJ County Boundary Unknown 0 0.04 0.08 0.16 km' ElTax Parcels(Zoom in to 1:30,000) — Waters with no type designation DNR Water Courses National Wetlands Inventory(Hyperlinked) Fish DNR Water Bodies Source:Esri, DigitelGlobe,GeoEya,Earthslar Geographies,CNES/Airbus Non-fish Fish DS,USDA,USGS,AeroGRID,IGN,and the GIS User Community Shorelines of the State Non-fish Mason County WA GIS Web Map Application Earthstar Geographies I Impact Northwest 3711 S.SR27 Hwy,Spokane,WA 99206 April 20, 2019 To Whom it may Concern: This letter is to address potential concerns by neighbors to the property in Mason County being considered for a youth camp. Impact Northwest partners with youth organizations such as Royal Rangers, Mpact Girls,and various church youth groups to provide a positive environment for youth to be challenged, learn, and grow in their appreciation for both nature conservation and social development. Most events will feature Scouting type activities with that sort of camp atmosphere, with the focus of positive self-esteem.Alcohol, drugs, or abuse of any kind will not be tolerated. This camp development is for short term group events featuring smaller groups from local area churches and organizations. Many will be Day Camps. Others for a 1-2-3 day type event. Tent camping will be the preferred lodging. No long term or permanent trailers or motor homes will be allowed.Those are not part of our program.Trailer space, or hook ups for trailers, are in no way part of our development plan. Because usage of this camp will be of smaller local nature,vehicle traffic is expected to be light with little, if any, impact to county roads or traffic flow. Safety is of primary concern when dealing with youth. Parents allow their children to be brought in for a fun and safe activity. Safety precautions will be required of all groups using the camp. Fire is a major concern; both for children as well as the forested environment. Groups will be required to bring their own, above ground "no trace" type fire pits, or must use pre-built camp fire pits when we will construct in safe and controlled areas. We value the beauty and balance of nature we have been blessed with, and intend to keep it that way. All fires will be under the direct supervision of camp staff. Children around fires will have an adult supervisor present at all times. I hope this has serviced to ease concerns about the proposed camp. Sincerely, Dean Kimber Impact Northwest Chairman, CEO 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,June 4, 2019, at 9:15 A.M. SAID HEARING will be to consider adopting the following Development Areas (zoning) amendment: • Rezoning parcel #32035-12-00000 and 32035-12-00010 from Rural Residential 5 (RR5) to Rural Tourist Campground (RTC) If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. If special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 14th day of May 2019 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal - Publish 2x: May 23 &30, 2019 (Bill: Community Development-615 W.Alder, Shelton, WA 98584) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Kell Rowen, Planning Manager DEPARTMENT: Community Services EXT: 286 BRIEFING DATE: May 6, 2019 PREVIOUS BRIEFING DATES: None ITEM: Place on May 14, 2019 Action Agenda to set a Public Hearing for June 4, 2019 to consider amendments to Title 17 related to raising height limits. EXECUTIVE SUMMARY: Upon Commissioner request, staff amended Title 17, relating to raising height limits in certain zones within the Urban Growth Areas (Allyn, Belfair and Shelton) and rural commercial zones 3, 4 & 5. The Planning Advisory Commission held a public hearing to consider these amendments on April 15, 2019. They recommended approval, as amended, to the BOCC. This briefing is for the Notice of Hearing to be published in the Journal. BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Approval to set a Public Hearing for June 4, 2019 to consider amendments to Title 17. ATTACHMENTS: Title 17 amendments Notice of Hearing Briefmg Summary 4/29/2019 ATTACHMENT A Chapter 17.04 - RURAL LANDS DEVELOPMENT STANDARDS Rural Commercial 3 (RC 3) 17.04.341- Purpose. (See Section 17.02.043) 17.04.344-Building regulations. (c) Height. Two floors not to exceed thirty-five feet maximum except for agricultural buildings, cell towers, antennas, water tanks, or necessary structural elements for an otherwise compla-iiant permitted land use..., or as reviewed by special use permit, not to exceed fifty-five feet. Rural Commercial 4(RC 4) 17.04.354-Building regulations. (c) Height. Two floors not to exceed thirty-five feet maximum except for agricultural buildings, cell towers, antennas, water tanks, or necessary structural elements for an otherwise complaint permitted land use..., or as reviewed by special use permit, not to exceed fifty-five feet. Rural Commercial 5 (RC 5) 17.04.364-Building regulations. (c) Height: two floors not to exceed thirty-five feet maximum except for antennas or water tanks.-, or as reviewed by special use permit, not to exceed fifty-five feet. Table 1. OrAAArtins 1I11hnrA the D..r-al/^A....MeKial C ZeAe 111/....1♦ App! n...ner/D.irine 5nla...e. PaFceI X1 '1 Proposed Type E)f Land Use Start AF Land 1 Ir,+ sent ZE)ne T1rop me Site ss Number 1 Washington Herne D1n�TnufactwedCenstructed RuFal Rural Center 61 Ryan Drl. 00008 r-+� Marr1996 Der Tal S Cem ial-5 1 _ 7 Diekerinn MaFine 7409 22004 41 Beat and metoF sales Constructed ju4y Rural ill Pickering F 00090 and repair 3000 Res Master Planned Resort (MPR) 17.04.704-Building regulations. (c) Height. Thirty-five feet maximum except for agricultural buildings, cell towers, antennas or water tanks..., or as reviewed by special use permit, not to exceed fifty-five feet. Chapter 17.07 —SHELTON URBAN GROWTH AREA DEVELOPMENT REGULATIONS Low Intensity Mixed Use (MU) 17.07.270-Lot,yard, and open space requirements. G. Building height: not more than thirty-five feet..., or as reviewed by special use permit, not to exceed fifty-five feet. 1 ATTACHMENT A General Commercial (GC) 17.07.350-Maximum height. Maximum height for the GC district shall be as follows: Not to exceed forty-five feet for buildings, structures, and appurtenant facilities except when adjoining a zone with a lower height restriction, in which case any structure located within one hundred feet of the more restrictive zone shall have a maximum height as imposed by the more restrictive zone..., or as reviewed by special use permit, not to exceed fifty-five feet. Commercial-Industrial (CI) 17.07.450-Maximum height. Maximum height for the Cl district shall be as follows: Forty-five feet,except when adjoining a zone with a lower height restriction, in which case any structure located within one hundred feet of the more restrictive zone shall have a maximum height as imposed by the more restrictive zone. Height may be further restricted by airport overlay zoning, where applicable. Deviation from this standard will be processed as a special use permit..., or as reviewed by special use permit, not to exceed fifty-five feet. Industrial (1) 17.07.670-Minimum site requirements. G. Maximum Height in the Industrial District Shall be as Follows: Forty-five feet,except when adjoining a zone with a lower height restriction, in which case any structure located within one hundred feet of the more restrictive zone shall have a maximum height as imposed by the more restrictive zone. Industrial equipment such as cranes or communication towers or appurtenant structures is exempt. A height limit shall be imposed if necessary, to prevent detrimental effects on the surrounding properties and may be further restricted by airport overlay zoning. Deviations from this standard will be processed as a special use permit..., or as reviewed by special use permit, not to exceed fifty- five feet. Public Institutional (PI) 17.07.755 - Maximum height. Maximum height in the Public Institutional district shall be as follows: Forty-five feet, except when adjoining a zone with a lower height restriction, in which case any structure located within one hundred feet of the more restrictive zone shall have a maximum height as imposed by the more restrictive zone. Height may be further restricted by airport overlay zoning, where applicable. Deviation from this standard will be processed as a special use permit., or as reviewed by special use permit, not to exceed fifty-five feet. Chapter 17.10— 17.17 ALLYN ZONING CODE "R-3"—High Density Multifamily Residential District 17.11.550-Bulk and dimension standards. Height Primary building:35 feet,or as reviewed by special use permit,not to exceed fifty-five feet. "VC"—Village Commercial District 17.12.150-Bulk and dimension standards. 2 ATTACHMENT A The maximum height of any structure in the"VC"district shall be 35 feet,or as reviewed by special Maximum use permit,not to exceed fifty-five feet(25 feet East of SR 3), except that church spires, bell towers, height chimneys and other architectural features may exceed the height limit by 50%and communication facilities by as much as permitted through approval of a special use permit. "HC"—Highway Commercial District 17.12.350-Bulk and dimension standards. Maximum height 35 feet or as reviewed by special use permit,not to exceed fifty-five feet. "BP"—Business Park 17.12.450-Bulk and dimension standards. Maximum height limit 35 feet or as reviewed by special use permit,not to exceed fifty-five feet. Chapter 17.20— 17.35 GENERAL PROVISIONS FOR THE BELFAIR UGA "R-5" Medium density residential district. 17.22.100-Bulk and dimensional standards. The maximum height of structures in the district shall be as follows: Buildings containing the permitted Height: use:35 feet or as reviewed by special use permit,not to exceed fifty-five feet.Accessory structure:20 feet. "R-10" Multi-family residential district. 17.22.150-Bulk and dimensional standards. The maximum height of structures in the district shall be as follows: Buildings containing the permitted Height: use:45 feet,or as reviewed by special use permit,not to exceed fifty-five feet.Accessory structure:20 feet. 17.23.120- "MU" Mixed use district. 17.23.150-Bulk and dimensional standards. The maximum height of structures in the district shall be f"fi�-five feet,with the following exception: The top of buildings or structures(including rooflines but excluding church spires, bell towers,and Height: chimneys)on the west side of SR-3 shall not reach an elevation of more than thirty-five feet above the grade level of the roadway,within one hundred fifty feet of the SR-3 right-of-way. 17.24.010- "GC" General commercial district. 17.24.040-Bulk and dimensional standards. Height: The maximum height of structures in the district shall be thirty-five feet..-,or as reviewed by special use permit, not to exceed fifty-five feet. 17.24.070—"BI" Business industrial district. 17.24.110-Bulk and dimensional standards. The maximum height of structures in the district shall be 35 feet.,or as reviewed by special use permit, Height: not to exceed fifty-five feet. 3 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,June 4, 2019, at 9:15 A.M. SAID HEARING will be to consider adopting amendments to Title 17, Development Regulations, relating to raising the height limits in certain zones throughout the County and its Urban Growth Areas. If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. If special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 14th day of May 2019 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal - Publish 2x: May 23 &30, 2019 (Bill: Community Development—615 W.Alder,Shelton, WA 98584) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Lydia Buchheit / Todd Parker DEPARTMENT: Community Services EXT: 404 BRIEFING DATE: 5/6/19 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information ITEM: Housing Funds— Contract Award Amounts EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Housing funds are provided by the Consolidate Homeless Grant and 2163 Local j Document Recording Fees. A total of 8 applicants responded to the Request for Proposal requesting a total of $1,504,497 on a budget of $1,198,277. The Housing and Behavioral Health Advisory Board made preliminary funding recommendations (see attached). BUDGET IMPACTS: Pass through with retention of 15% Administration on CHG Base Funding and 3.5% of HEN Funds (Housing and Essential Needs) RECOMMENDED OR REQUESTED ACTION: Final approval on award amounts and permission to draw up contracts for awarded agencies. ATTACHMENTS: Funding Chart Briefmg Summary 4/29/2019 Last Year Request Recommended Comments Community Action Council HEN (RRH) 516,839 516,839 516,839 state allocated amount Crossroads has a skeleton sta and the request included an Crossroads Housing (CE, ES, RRH, TH) 410,864 444,451 414,938 additional staff member Request includes one additional month ort e shelter to be open,a 0.5 FTE navigator position,administration,and a CO munity Lifeline Adult Shelter 130,273 205,687 180,000 substantial increase in pay for the case manager Request includes increase in a ministration,staff wage increase Turning Pointe - advocate 51,500 60,989 51,500 and increase in motel vouchers Request includes substantial increase in administration,staff North Mason Resources CE/CM 35,000 78,500 35,000 wages,and rental assistance funds Part of Mason County Youth Homeless Demonstration Project Coffee Oasis - CM 0 42,740 0 (YHDP)RFP Application for a total award of 120,000 to 150,000 Unclear when services will start;may only e asking or funding Quixotte Communities - CM 0 80,286 0 for the second year of the contract term Part of Mason County Youth Homeless Demonstration Project Shelton Family Center - CM 0 755,005 0 (YHDP)RFP Application for a total award of 120,000 to 150,000 TOTAL 1,144,476 1,504,497 1,198,277 Available 1,198,277 1,198,277 difference 306,220 0 Community Lifeline Shelter Only* Shelter+Admin Shelter+CM Shelter,CM&Admin 7 months of Shelter 144,003 159,003 176,903 191,903 6 months of Shelter 123,431 146,431 156,331 169,331 *Shelter Only includes Shelter Manager and Resource Navigator MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS EXT: 260 BRIEFING DATE: May 6, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information N/A ITEM: Plans Examiner EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Increase the range for plans examiner search from range three to range 3-5 in order to attract more applicants for plans examiner. BUDGET IMPACTS: Depends on candidate selected. As much as $12,000 per year RECOMMENDED OR REQUESTED ACTION: Discussion ATTACHMENTS: Briefing Summary 5/1/2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS EXT: 260 BRIEFING DATE: May 6, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information N/A ITEM: Code Enforcement EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Set a time to conduct a code enforcement policy workshop with commissioners. BUDGET IMPACTS: none RECOMMENDED OR REQUESTED ACTION: Set a workshop time ATTACHMENTS: Briefing Summary 5/1/2019 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: David Windom DEPARTMENT: MCCS EXT: 260 BRIEFING DATE: May 6, 2019 PREVIOUS BRIEFING DATES: If this is a follow-up briefing, please provide only new information N/A ITEM: Review of budget as passed by legislature EXECUTIVE SUMMARY: (If applicable, please include available options and potential solutions): Discussion of state budget impacts BUDGET IMPACTS: None RECOMMENDED OR REQUESTED ACTION: Discussion ATTACHMENTS: Briefing Summary 5/1/2019 PUBLIC WORKS MONDAY,MAY 6,2019— BRIEFING ITEMS FROM PUBLIC WORKS (For Commissioners Meeting May 14,20'3 4,2019 Items for this meeting are due to Diane Zoren on Wednesd 5.0 CORRESPONDENCE AND ORGANIZATIONAL BUSINESS (None) 8.0 APPROVAL OF ACTION ITEM • Private Line Occupancy permit Schaefer on 2500 Phillips Lake Road Renea and Jared • Adopt-A-Road Application from Herskovitz and Rogge families, referred to as Baxter group, for Anthony Road. • Interlocal Agreement between Mason County and PUD #3 for the lighting retrofitting project on Harstine Island Bridge. • Delegation of Signature authority to Robert Choate to submit reports or documents for required Ecology submittals for wastewater facilities 9.0 OTHER BUSINESS (None) 10.0 PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME (None) DISCUSSION ITEMS: Attendees: Commissioners: Public Works: Other Dept. Staff.: Public: _Randy Neatherlin _Jerry Hauth _Kevin Shutty _Diane Sheesley _Sharon Trask _Loretta Swanson Others:(List below) MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Sheesley P.E, County Engineer Loretta Swanson Interim PW Deputy Director DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: May 6, 2019 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing, please provide only new information,) ITEM: Private Line Occupancy Permit EXECUTIVE SUMMARY: Gerard & Renee Schaefer have applied for a Private Line Occupancy Permit to install an underground water, power, cable and telephone to their future shop. The property owners are building a shop that will be located at 2531 Phillips Lake Loop. Rd. (parcel number 22005-52-00026). The permit will cover the new lines that will run under E Phillips Lake Loop Road (county road #27710) (see attached map). The application fee of $200 has been paid to process the proposed Private Line Occupancy Permit. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve the Private Line Occupancy Permit granting permission to run the utility lines under and across Phillips Lake Loop Road for parcel number 22005-52-00026. Attachments: PLO Exhibit 1 Vicinity Map r IN THE MATTER OF THE APPLICATION OF GC-4 arJ an c/ �eviee,Schoe-fe_y- FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN wu+e r- 1�r� )wee ALONG AND UNDER ,//,its La Ike. Love Pd, ,A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY,WASHINGTON Application of&e v-,:;rd a,,md Ren ee� , with principal residence located at Z 5y Z k, n-IZ�e• , by and through N A for a private line utility occupancy permit to construct, operate and maintain a private waterline under county roads and highways in Mason County,Washington,as set forth in attached Exhibit`B",having come before the County Commissioners of Mason County, Washington during a regularly scheduled public meeting, on the day of ,2019,and that it is in the public interest to allow the private line utility occupancy permit herein granted; NOW THEREFORE,IT IS ORDERED that a non-exclusive private line utility occupancy permit be, and the same is hereby given and granted to operator, and its successors and assigns, hereinafter referred to as the"Permittee",for a period commencing from and after the date of the entry of this order for the purposes, at the location(s), and upon the express terms and conditions as described herein, and terminating as provided herein. I. DEFINITIONS For the purposes of this private line utility occupancy permit, terms, phrases, words, and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual"),shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here,in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended,revised,updated,re-enacted or re-codified from time to time. H. GRANT The County of Mason (hereafter the"County")hereby grants to the Permittee a non-exclusive private line utility occupancy permit(hereinafter"Permit")which, once it becomes effective shall authorize the Permittee to enter upon the road rights-of-way located within the Permit Area for the purpose of maintaining,repairing,replacing, which grant shall be limited to the following describedpurpose(s): 41se- AnaloccuPv a one--hofSCO1,0 v?fd couo�y roa lif=o�cn/� fav evnsJv►1� ov��iv►s"/IQ17'Ph Mail'*MaOca, 07C ULli dies. 1 Such grant is subject to and must be exercised in strict accordance with and subject to this Permit, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. Permittee's exercise of any rights granted pursuant to the Permit is subject to the exercise of the County's police powers,and other regulatory powers as it may have or obtain in --. -- _the_future—No-rights shall=Dass to the Permittee by implication. This Permit does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities as (a) private line(s) or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Permittee shall not commence or perform work to install, construct, maintain repair, replace adjust,connect,disconnect,rebuild,or relocate its utility facilities within the road rights-of-way (hereafter collectively or individually the "Work"), without first applying for, paying all associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued, the County may impose, as a condition of the granting the utility permit,such conditions and regulations as may be necessary for the protection, preservation and management of the road rights-of-way, including,by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities,ensuring the proper restoration of such road rights-of-way and structures,and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Permittee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications showing at a minimum: A. The position, depth and location of all such utility facilities sought to be constructed, laid, installed or erected at that time, showing their relative position to existing county roads, rights-of-way or other county property upon plans drawn to scale,hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures, erection of permanent structures, traffic control,traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway,bridge, or other structure; F. Specifications for the restoration of the county road, right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and 2 G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those located underground or attached to bridges or other structures within the road right-of-way. The location,alignment and depth of the utility facilities shall conform with said mapof defim e— ---- " _ location, except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Permittee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit, public or private property,the Permittee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged,and leave the same in as good or better condition as before the Work was commenced, to the reasonable satisfaction of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do,order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of- way or other County property left by the Permittee or its agents in a condition dangerous to life or property, and the Permittee,upon demand, shall pay to the County all costs of such work. V. PERMITTEE WORK IN RIGHT OF WAY Permittee expressly agrees and understands that, with regard to Work within the road rights-of- way: A. All of Permittee's utility facilities and Work within the road rights-of-way or other County property shall be performed in compliance with the provisions of Title 12 MCC, the Manual,the administrative regulations adopted by the County Engineer,other County-established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws,rules,regulations and ordinances; B. In preparing plans and specifications for the Work the Permittee shall use the Manual. Prior to commencement of any Work,Permittee shall submit such plans and specifications to the County Engineer for review and approval together with the adequate exhibit depicting the existing or proposed location of the utility facility in relation to the road, including right-of-way or 3 easement lines; relationship to currently planned road revisions, if applicable; and all locations and situations for which deviations in depth of cover (including the proposed method of protection) or other locational standards that are anticipated; _— ____C. All Work subject to this Permit shall be done in such a manner as not to interfere, other than in ways approved by the County,with the construction,operation and maintenance o --–__ other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures,located therein,nor with the grading or improvements of such County roads,rights-of- way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Permit Area or other county property prior in time to the utility facilities of the Permittee, shall have preference as to the alignment and location of such utilities so installed with respect to the Permittee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Permittee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others,including others that may be installing utility facilities; and F. The County may require that Permittee's utility facilities be installed at a particular time, at a specific place,or in a particular manner as a condition of access to a particular road or road right-of-way; may deny access if a Permittee is not willing to comply with the County's requirements; and may remove, or require removal of, any utility facility that is not installed in compliance with the requirements established by the County,or which is installed without prior County approval of the time,place,or manner of installation and charge the Permittee for all the costs associated with removal; and may require Permittee to cooperate with others to minimize adverse impacts on the road and road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this Permit and applicable law,including to ensure that the private line utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist, the County, in addition to taking any other action permitted under applicable law,may order the Permittee,in writing,to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct, inspect,administer,and repair the unsafe condition if the Licensee fails to do so,and to charge the Permittee therefor. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore, and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Permittee. 4 H. When required by the County,Permittee shall make information available to the public regarding any Work involving the ongoing installation, construction, adjustment, relocation, repair or maintenance of its utility facilities sufficient to show(1) the nature of the work being performed;(2)where it is being performed;(3)its estimated completion date;and(4)progress to -- ---,_ _completion. --- --= I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work,Permittee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the road and road rights-of-way. In addition to the liability terns elsewhere in this Agreement, Permittee shall indemnify and hold the County and its elected and appointed officers,employees and agents harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Permittee,its contractor,agents and/or employees,that cause or in any way or degree contribute to(1) any damage to or destruction of any such facilities by Permittee, and/or its contractor, agents and/or employees, on the County's property, (2) any injury to or death of any person employed by or on behalf of any entity, and/or its contractor, agents and/or employees, on the road rights-of-way, and/or(3) any claim or cause of action for alleged loss of profits or revenue,or loss of service,by a customer or user of services or products of such company(ies). J. Permittee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below,Permittee and its agents may not enter upon the permit area to perform work for which a utility permit is required, unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property, and for purposes of taking immediate corrective action,Permittee and its agents may enter the Permit Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency; provided however, that if any entry for such purposes would require issuance of a utility permit,Permittee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry,promptly followed by written notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of-way. M. Permittee shall promptly reimburse the County for its reasonable and direct costs incurred in responding to an emergency that is caused,created by or attributable to the presence, construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights- of-way. 5 N. If, during any Work, Permittee or its agents discover scientific or historic artifacts, Permittee or its agents shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the_County if the County wishes to own it. VI. PROTECTION OF PUBLIC All Work done under this Permit shall be done in a thorough and workman-like manner. In the performance of any Work,including without limitation,the opening of trenches and the tunneling under county roads,right-of way or other county property,the Permittee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same,so that damage or injury shall not occur or arise by reason of such Work;and where any of such trenches,ditches and tunnels are left open at night, the Permittee shall place warning lights, barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Permittee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect,or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Permittee. VII. POLICE POWERS The County,in granting this Permit,does not waive any rights which it now has or may hereafter acquire with respect to county roads,rights-of-way or other county property and this Permit shall not be construed to deprive the county of any powers,rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads, right-of-way and other county property covered by this Permit. The County retains the right to administer and regulate activities of the Permittee up to the fullest extent of the law. The failure to reserve a particular right to regulate, or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Permittee. VIII. RELOCATION Permittee shall, in the course of any Work, comply with the following requirements: A. The Permittee shall,by a time specified by the County,protect, support,temporarily disconnect,relocate,or remove any of its utility facilities when required by the County by reason of traffic conditions; public safety; road right-of-way construction; road right-of-way repair (including resurfacing or widening);change of road right-of-way grade;construction,installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines, tracks, communications system,other public work,public facility,or improvement of any government- owned utility; road right-of-way vacation; or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively, such matters are referred to below as the "public work." 6 Permittee acknowledges and understands that any delay by Permittee in performing the above described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County,including but not limited to,delay claims. Permittee shall cooperate with the County and its contractors and subcontractors to coordinate such Permittee work to accommodate the Public Work project and project schedules to avoid delay,hindrance of,or interference with the Public Work. The County shall make available to the Permittee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the Permittee in planning construction programs. B. Permittee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Permittee herein do not preclude the County,its employees,contractors,subcontractors,and agents from blasting,grading,excavating, or doing other necessary road work contiguous to Permittee's utility facilities;providing that,the Permittee shall be given a minimum of forty-eight(48)hours notice of said blasting or other work in order that the Permittee may protect its utility facilities. C. In the event of an emergency,or where the utility facility creates or is contributing to an imminent danger to health, safety, or property,the County may protect, support,temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior notice, and charge the Permittee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Permittee to protect,support,temporarily disconnect,remove,or relocate the Permittee's utility facilities to accommodate the construction, operation, or repair of the facilities of such other person, the Permittee shall, after 30 days' advance written notice, take action to effect the necessary changes requested; provided that, if such project is related to or competes with Permittee's service,or if the effect of such changes would be to permanently deprive Permittee of the beneficial enjoyment of this Permit for its intended purposes through interference with the operation of Permittee's utility facilities or otherwise,Permittee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Permittee's utility facilities were not properly installed,the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection,removal, or relocation at no charge to the County, even if the County makes the request for such action. E. The Permittee shall, on the request of any person holding a valid permit issued by a governmental authority,temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. 7 The County of Mason will accept liability for direct and actual damages to said Permittee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in Section VIII,paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Permittee and the cost to -- _-repair such-physical-damage.-Mason=County retains the.right to assert all applicable-defenses--m----_--..- the event of a dispute including contributory_negligence on the part-of the Permittee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Permittee under this section shall pass the inspection of the County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any Work is performed under this permit which may affect any existing monuments or markers of any nature relating to subdivisions,plats, roads and all other surveys, the Permittee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Permittee's Work and operations under this Permit. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24 and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Permittee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road or right-of-way or other County Property which is subject to rights granted by this Permit and said vacation shall be for the purpose of acquiring the fee or other property interest in said road or right-of-way for the use of the County, in either its proprietary or governmental capacity, then the Board of Mason County Commissioners may,at its option,and by giving thirty(30)days written notice to the Permittee, terminate this Permit with reference to such county road right-of-way or other County property so vacated,and the County of Mason shall not be liable for any damages or loss to the Permittee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. 8 XI. FINANCIAL SECURITY A. Insurance It is intended that the following insurance requirements shall apply to the person performing the Work in the road right-of-way. Permittee and Permittee's contractors shall not perform or cause to be performed any Work, unless and until Permittee (to the extent Permittee-performs-any ofthe-Work in=the-road-right-of-way) or-its-contractors-(to-the-ex-tent Permittee's contractor performs any of the Work in the road right-of-way)provide certificates of insurance evidencing that Permittee or Permittee's contractors are in compliance with the following requirements, including,maintaining insurance in at least in the following amounts: 1.COMMERCIAL GENERAL LIABILITY insurance to cover liability,bodily injury,and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Permit Area, and shall provide coverage for any and all costs,including defense costs,and losses and damages resulting from personal injury,bodily injury and death,property damage,products liability and completed operations arising out of the Work. Coverage must be written with the following limits of liability: Bodily and Personal Injury&Property Damage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS'COMPENSATION insurance shall be maintained by Permittee's contractor to comply with statutory limits for all employees, and in the case any work is sublet, the contractor shall require its subcontractors similarly to provide workers' compensation insurance for all the employees. 3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired, and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per occurrence. The required insurance shall be maintained from the time that Work in the road right-of-way commences until the Work is complete and the utility permit issued for said Work has been released by the County Engineer, or his or her designee. If the Permittee or its contractors and subcontractors do not have the required insurance, the County may require such entities to stop operations until the insurance is obtained and approved. Permittee shall, or shall cause its contractors to, file with the application for a utility permit, certificates of insurance reflecting evidence of the required insurance in a form and content approved by the County's Risk Manager. All coverage shall be listed on one certificate with the same expiration dates. 9 The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the Work,then, in that event,the Permittee shall furnish, at least 30 days-p*orAo-the_expiration of the date of such-insurance, a renewed_certificate,of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the Permit. The County reserves the right, during the term of the Permit, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this Permit shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this Permit shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of"Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage,the insurer does not meet the foregoing standards,Permittee shall give or shall cause its contractors to give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this Permit shall include an endorsement(standard ISO form CG 24-17)deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property,or on,over,or under a railroad track. Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this Permit shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. 10 B. Contractor Bond. All contractors performing Work on behalf of Permittee shall be licensed and bonded. C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and hold harmless the county and the county's legal representatives, officers (elected or appointed), employees and agents (collectively, "indemnitees") for, from and against any and all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses(including,without limitation,court costs, attorneys' fees, and costs of investigation, removal and remediation and governmental oversight costs), environmental or otherwise (collectively"liabilities") of any nature, kind, or description, of any person or entity, directly or indirectly, arising out of, resulting from, or related to (in whole or in part): 1. this permit; 2. any rights or interests granted pursuant to this permit; 3. permittee's occupation and use of the road right of way; 4. permittee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to, in whole or in part, by permittee or its agents; or 7. the acts, errors, or omissions of third parties when arising out of the,installation, construction, adjustment, relocation, replacement, removal, or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of permittee or permittee's agents; or 9.any act or omission of contractor or its employees, agents,or subcontractors when arising out of the work. Even if such liabilities arise from or are attributed to, in whole or in part, any negligence of any indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the indemnitees does not apply are liabilities to the extent proximately caused by the sole negligence or intentional misconduct of an indemnitee or for liabilities that by law the indemniteees cannot be indemnified for. 11 Upon written notice from the county, permittee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity,relating to any matter covered by this permit for which permittee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Permittee shall pay all costs incident to such defense,including,but not _�imited.to_,_attorneXs'_fees,investigators'fees,litigation and appeal expenses,settlement and amounts paid in satisfaction of judgments. Permittee will fully satisfy said judgment within ninety (90) days after said suit or action shall have finally been determined if determined adversely to mason county. upon the permittee's failure to satisfy said judgment within the ninety (90)day period,this permit shall at once cease and terminate and the county of mason shall have a lien upon permittee's utility facilities and all other facilities used in the construction, operation and maintenance of the permittee's utility system which may be enforced against the property for the full amount of any such judgment so taken against any of the indemnitees Acceptance by the County of any Work performed by the Permittee at the time of completion shall not be grounds for avoidance of this covenant. XII. PERMIT NONEXCLUSIVE This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the County of Mason from granting rights to other utilities under,along,across,over and upon any of the County roads, rights-of-way or other County property subject to this Permit and shall in no way prevent or prohibit the County of Mason from constructing, altering,maintaining or using any of said roads rights-of-way,drainage structures or facilities,irrigation structures or facilities, or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes, relocations, repairs, maintenance, etc., the same as the County may deem fit. XIII. SUCCESSORS AND ASSIGNS All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors and assigns of the Permittee and all privileges,as well as all obligations and liability of the Permittee, shall inure to its successors and assigns equally as if they were specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a specifically named parry shall be deemed to apply to any successor,heir,administrator,executor or assign of such party who has acquired its interest in compliance with the terms of this Permit or under law. XIV. TRANSFER/ASSIGNMENT Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an Assignment Agreement. The Agreement must be signed and delivered back to the County of Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect to the Permit and guaranteeing performance under the terms and conditions of the Permit and that transferee will be bound by all the conditions of the Permit and will assume all the obligations of its predecessor. Such an assignment shall relieve the Permittee of any further obligations under 12 the Permit, including any obligations not fulfilled by Permittee's assignee; provided that, the assignment shall not in any respect relieve the Permittee, or any of its successors in interest, of responsibility for acts or omissions,known or unknown,or the consequences thereof,which acts or omissions occur prior to the time of the assignment. No Permit may be assigned or transferred ithout filing or-establishing__with the county the insurance certificates, security fixed and performance bond as may be required pursuant to this Permit. XV. ANNEXATION Whenever any of the County road rights-of-way or other county property as designated in this Permit,by reason of the subsequent incorporation of any town or city,or extension of the limits of any town or city, shall fall within the city or town limits;then, except to the extent allowed by law,this Permit shall terminate in respect to the said roads,rights-of-way or other county property so included with city or town limits;but this Permit shall continue in force and effect to all county road rights-of-way or other county property not so included in city or town limits. XVI. TERM/TERMINATION/REMEDIES A. Term. This Permit shall commence upon acceptance by the Permittee as provided at Section XVIII herein and continue in PERPETUITY until terminated or otherwise superseded by a subsequent franchise, private line utility occupancy permit, master road use permit or other agreement of the Parties. In the event that it is determined by a court of competent jurisdiction that, as a matter or law,the term provided for herein is unlawful,this Permit shall be deemed to have a term for the maximum period allowed by law,and if no such maximum period is readily and easily capable of being identified, for a term of not longer than fifty(50)years. B. Termination by County. Permittee has elected to obtain a Permit in lieu of a franchise agreement. Permittee understands and agrees that, unlike a franchise, this Permit may be terminated by the County with or without cause. This means that the County is not required to have or provide a reason for the termination and that the County may terminate this Permit in its sole discretion without penalty to the County and regardless of whether or not Permittee is or is not in default; provided that, the County may not terminate this Permit for a reason that is unlawful. The Parties agree that the only condition of termination by the County of this Permit is that the County must give not less than ninety (90) days written notice to the Permittee of termination. The County Engineer is authorized to exercise the right of the County to terminate this Permit. C. Termination upon Transfer/Assignment/Conveyance. This Permit shall automatically terminate upon: (1)assignment of the Permit without the prior written consent of the County in substantially the form of an Assignment Agreement (obtained by request), (2) transfer of the utility facilities located with the Permit Area without prior written notice to the County and mutual acceptance of an assignment of the Permit,(3)conveyance of the real property or any part thereof benefited by the installation and operation of the utility facilities without prior written notice to the County and mutual acceptance of an assignment of the Permit, or (4) use of the 13 utility facilities for the benefit of persons other than the owner/operator in a manner that no longer constitutes a de-minimis use of the road right-of-way. D. Termination upon Removal of Utility Facilities. This Permit and all of the rights, duties and obligations contained herein,_shall terminate up removal of all Permittee utility facilities from the road right-of-way or abandonment and de-commissioning in place to the reasonable satisfaction of and in the manner approved by the County Engineer and restoration of the road right-of way to the satisfaction of the County Engineer. E. Effect of Termination. On or before the effective date of termination or as otherwise mutually agreed to by the Parties,Permittee shall remove its utility facilities from the road rights- of-way and restore the road rights-of-way to the reasonable satisfaction of the County Engineer. In lieu of removal, the County Engineer may authorize abandonment in place and de- commissioning of the utility facilities in the manner approved by and to the reasonable satisfaction of the County Engineer. In the event that the Permittee fails to timely and completely perform such work,the County may perform or complete such work at the cost of the Permittee and Permittee shall be obligated to reimburse the County for such work within 30 days of invoice by the County. F. Remedies. In addition to the right of the County to terminate this Permit,the County has the right to exercise any and all of the following remedies, singly or in combination, in the event of Default. "Default"shall mean any failure of Permittee or its agents to keep,observe or perform any of Permittee's or its agent's duties or obligations under this Permit: 1. Damages. Permittee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Permittee under this Permit without any requirement to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Permit agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Permittee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief and/or proceed against Permittee and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages,costs and expenses,including reasonable attorneys'fees.Remedies are 14 cumulative; the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION The County reserves for itself the_right_at any time upon ninety9 days written notice to the _ Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation,relating to the public welfare, health, safety or highway regulation, as may hereafter be enacted, adopted or promulgated. XVIII. ACCEPTANCE Permittee shall execute and return to County a signed acceptance of the Permit granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the Permit,Permittee warrants that it has carefully read the terms and conditions of this Permit and accepts all of the terms and conditions of this Permit and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts,that it has had the assistance of counsel or an opportunity to have assistance of counsel,that it was not induced to accept a Permit,that this Permit represents the entire agreement between the Permittee and the County.In the event the Permittee fails to submit the acceptance as provided for herein within the time limits set forth in this section,the grant herein is and shall become null and void. XIX. RECORDING OF MEMORANDUM OF PERMIT The Parties agree that a"Memorandum of Permit"in substantially the form attached hereto as Exhibit`B",shall be filed for record with the Office of the Mason County Auditor upon written acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing,this Permit is not intended nor shall it be construed to create an interest in land or constitute the grant or conveyance of a real property interest by the County to the Permittee. The requirements of this Section XIX are intended solely to provide notice of the existence of this Permit and the terms and conditions there under, including inter-alia, the limitations upon assignment of the Permit. Permittee shall at the time of its acceptance of this Permit identify the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel to be included in the Memorandum of Permit. XX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this Permit shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this Permit shall be in Mason County, Washington or the Western District of Washington if an action is brought in federal court, provided; however,that venue of such action is legally proper. 15 B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Permittee on any Permit area. C. Waiver. No waiver by either party of any provision of this Permit shall in any way impair the right of such party to enforce that provision for any subsequent breach,or either parry's -=right-to-enforce-all--other-provisions-of this D.Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Permit, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This Permit may be amended only by a written contract signed by authorized representatives of Permittee and County of Mason. F. Severability. If any provision of this Permit is held to be illegal, invalid or unenforceable under present or future laws,such provision will be fully severable-and this Permit will be construed and enforced as if such illegal,invalid or unenforceable provision is not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein,there will be added automatically as a part of this Permit, a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. G. Joint and Several Liability. Permittee acknowledges that, in any case in which Permittee and Permittee's contractors are responsible under the terms of this Permit, such responsibility is joint and several as between Permittee and any such Permittee's contractors; provided that,the Permittee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this Permit shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested; or (b) a nationally recognized overnight mail delivery service, to the Party and at the address specified below, except as such Party and address may be changed by providing no less than thirty(30) days' advance written notice of such change in address. Permittee: &e-vadand Piemer, 5c�e714- 25cao Stie/fon_ k✓A 985541 Attn: Grantor: Mason County Public Works 100 W. Public Works Drive Shelton, WA 98584 16 I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation upon the County to determine the adequacy or sufficiency of Permittee's plans and specifications or to ascertain whether Permittee's proposed or actual construction, installation, testing, maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in_conformance_with_the,plans and specif cations reviewe .--by-the-County. No approval given, inspection made, review or supervision performed by the County pursuant to this Permit shall constitute or be construed as a representation or warranty express or implied by County that such item approved, inspected, or supervised, complies with laws,rules regulations or ordinances or this Permit or meets any particular standard,code or requirement, or is in conformance with the plans and specifications,and no liability shall attach with respect thereto.County and inspections as provided herein, are for the sole purpose of protecting the County's rights as the owner and manager of the road rights-of-way and shall not constitute any representation or warranty,express or implied, as to the adequacy of the design, construction, repair, or maintenance of the utility facilities, suitability of the permit area for construction, maintenance, or repair of the utility facilities, or any obligation on the part of the County to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment,maintenance,repair, or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the Party or Parties may require. The provisions of this Permit shall be construed as a whole according to their common meaning, except where specifically defined herein, not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Permit. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this Permit or in the future as contemplated herein,are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday,or legal holiday in the State of Washington. 17 N. Entire Agreement. This Permit is the full and complete agreement of County and Permittee with respect to all matters covered herein and all matters related to the use of the Permit Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all other _ ----a eements_of the parties hereto with respect to all such matters,including,without lip tatio�all agreements evidencing the Permit. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law, Permittee shall have no monetary recourse whatsoever against the County or its officials,boards,commissions,agents,or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Permit or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise, any act that Permittee is required to perform under this Permit shall be performed at its cost. If Permittee fails to perform work that it is required to perform within the time provided for performance,the County may perform the work and bill the Permittee. The Permittee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors are subject to the same restrictions, limitations,and conditions as if the Work was performed by the Permittee. The Permittee shall be responsible for all Work performed by its contractors and subcontractors,and others performing Work on its behalf,under its control,or under authority of its utility permit, as if the work were performed by it and shall ensure that all such work is performed in compliance with this Permit,Title 12 MCC,the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Permittee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Permittee's behalf are familiar with the requirements of the Permit, Title 12 MCC,the Manual,and other applicable laws governing the work performed by them and further, for ensuring that such contractors and subcontractors maintain insurance as required herein. R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer have the right to occupy the Permit area. However,the Permittee's obligations under this Permit to the County shall survive the termination of these rights according to its terms for so long as the Permittee's utility facilities shall remain in whole or in part in the road rights-of-way,except to the extent the County Engineer has approved abandonment in place. By way of illustration and not limitation, Permittee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Permittee's obligation to relocate its utility facilities pursuant to Section VIII,shall continue in effect as to the Permittee, notwithstanding any termination of the Permit, except to the extent that a County- approved transfer, sale, or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility facilities or for the relevant acts or omissions. 18 DATED at Shelton,Washington this day of ,2019. APPROVED: BOARD OF COMMISSIONERS MASON COUNTY,_WASHN-G —N- _ Diane Sheesley, County Engineer Kevin Shutty, Chair Approved as to form: Sharon Trask,Vice Chair Tim Whitehead, Ch. Deputy Prosecuting Attorney Randy Neatherlin, Commissioner 19 EXHIBIT "A" ACCEPTANCE OF PERMIT Private Line Utility Occupancy Permit effective —52019. I/We,&Oee-l _am/our the ow"e-v- of parcel(s) ZZ 005 57— vvoZ<p and Uwe am/are the (Operator and) or(representative authorized to) accept Permit on behalf of 5e -F Uwe certify that this Permit and all terms and conditions thereof are accepted by 5e/-F- without qualification or reservation and guarantee performance hereunder. I/We certify that, to the best of my/our knowledge, the assessor's tax identification number of the parcel or parcels benefited by this Permit and a legal description of each such parcel are as described in the attached under Permit Exhibit "B". DATED this day of , 2019. PERMITTEE S) z4 By: h�evtee. C. Schaefer Title: self STATE OF VIJ Yl)(t v) ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/ signed this instrument, on oath stated that he/& was authorized to execute the instrument and acknowledged it as the D\t--h e-r of the to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: .: �GTAR�„'�': Notary ublic Print Name.. .2 In in I CCS .J-ex PUgL�G My commission expires 5 10 8'12Zz1 % •.08;2•• Op WASN� A - 1 RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer EXHIBIT "B" MEMORANDUM OF PERMIT Document Tittle(s): //'' Fr ✓cr "e, Line, l� tjh-/ )/ occ u pAHG�l ek-ml Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: ,9 /" &e.rr'Gc a cyh d Ren Pte- rJc h q e,Fe-V- Legal Description: Lot 26. Plat of f Lii//iPs LGk Divl'siow No. v c?s �2e.r a/A-i- v-eamv4ed ;n Vp /UMe, q of P/uts : PaaeCs) 95 Ahd 9'&, reco►-ds of A,?S n Coawfv . washing V.4, Assessor's Property Tax Parcel/Account Number(s): 7-2-00,5 LZ OOOZ& B-1 MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT THIS MEMORANDUM OF PERMIT is dated as of the_day of ,2019 between the County of Mason, a legal subdivision of the state of Washington("County")and _G�ra.v-ate 1. Pro e . County has,pursuant to Private Line Utility Occupancy Permit granted to Permittee,the right,revocable at the will of the County,to use and occupy certain road rights- of-way for the construction,installation,adjustment,maintenance,removal,repair,relocation and operation of Permittee's utility facilities for the benefit of the herein described Property,upon the terms and conditions of that certain permit agreement between the parties accepted.the day of , 2019 (the"Permit"), which terms and conditions are incorporated herein by this reference. The property to be benefited by this permit is situated in the Mason County, Washington, legally described in Exhibit B attached hereto (herein called the "Property"). The road right-of-way permit area("Permit Area")is also described in attached Exhibit B. 2. Term. The term of the Permit is in perpetuity unless terminated. 3. Termination. County in its sole discretion may terminate all or part of the Permit with or without cause upon no less than ninety(90)days written notice to the Permittee. Further, this Permit will automatically terminate upon assignment without the prior written consent of the County, or upon transfer of the Property without the prior written consent of the County to an assignment of the Permit or upon transfer of all or part of the utility facilities located in the Permit Area without the prior written consent of the County to an assignment of the Permit. 4. Purpose of Memorandum of Permit. This memorandum of permit is prepared for the purpose of recordation and notice and in no way modifies the Permit and is in no way intended to or should be construed to create or convey an interest in land or the road right-of-way. DATED this day of ,2019 COUNTY OF MASON Diane Sheesley, County Engineer Approved as to form: Tim Whitehead, Ch. Deputy Prosecuting Attorney B-2 PERMITTEE Renee G - —5--haefie,— itle: .se/2�Z o,, ,,e,, STATE OF Wl1t ss. COUNTY OF �NW%rl I certify that I know or have satisfactory evidence that'Q.Q Ne e- Shue-ky is the person who appeared before me,and said person acknowledged that said person signed this instrument,on oath stated that said person was authorized to execute the instrument and acknowledged ownership of parcel(s) to be the free and voluntary act of such person/corporation for the uses and purposes mentioned in the instrument. Dated this Z-3 day of k6 i ,201'�). Dated: q,23 j)Gj (Signatu of Notary) .CA hni GAN,... BF c� 3esz m '•.a�9 q. (Legibly lbl Print of Stam Name of Notary) % :U a0TARr 1. Notary public in and for the state of iN&AJ % �n —� ■�-- �: residing at 500 Vyrl Nom: �DIJBLIG yos My appointment expires 'I'D ?,V-24 B-3 FORM OF MEMORANDUM OF PERMIT Permit Area Map p i f w c 0'h ti�^I�'1.,- V 1 eft;".•'111`m- �`cSR,vCs OR�d�vRY Pte' Pyr� ffVze.5c �L� r ►qz, v!cc Pfd©mac �-l��e2oco.�o�e�r �2 Gq$t-E Ok f/B'fR B-4 * i .�a .!.•�4- � � fT �. ►yam ��,. 4 Looking Legend 2500 E Phillips ••• ' .!• do i � .b ,s� l �/ err ,'• �' � - { z � '� j wr IM Al Herron.lsland LIJ ;; • �Y r-� 2500 EL Phillips Lake Loop Rd �; r. ' McMiqn Island A � y `;�,, . " ` •+•� tit,�. ,�,�, �,. - �• � 1 .t r ,� Harstine IS, 1 1, j •' � �!fI=�.. • .. _ B' ASr c r•+y 1� -moi,.. �y...,+.�- .•:tArcadia ..F � �Squaxin Island .. 4wv 04 ' �l" ":i s•'' . : A F- w '. Hope Islandd r 'R i 111 'I {� ;,r -( Steamboat Island + Goo g.Earth MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Interim Public Works Deputy Director DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: May 6, 2019 PREVIOUS BRIEFING DATES: (If this is a follow-up briefing,please provide only new information.) ITEM: Adopt A Road --Anthony Rd EXECUTIVE SUMMARY: Volunteers from the Herskovitz and Rogge families, herein referred to as Baxter (organization named after their family pet) have submitted an application and a signed agreement to pick up roadside litter. Public Works recommends approval and execution of an Adopt-A-Road Agreement with Baxter. BACKGROUND: Chapter 12.48 of the Mason County code establishes an Adopt-A- Road litter control program allowing volunteers to pick up roadside litter. An application and signed agreement have been submitted by Baxter. The authorized volunteer representatives are Ann Herskovitz and Benjamin Rogge. It has been determined that the organization is eligible to participate in the program. Public Works Transportation Technician, Tim Rhoades, spoke with volunteers on April 15, 2019 to go over risks, responsibilities, safety rules and answer any questions. The Agreement is for a period of two years and volunteers commit to picking up litter at least twice per year along with other conditions spelled out in the Agreement. Public Works agrees to furnish and pick up trash bags, provide safety materials and training aids, along with other provisions spelled out in the Agreement. Pick up and disposal of the trash happens under the Community Litter Cleanup program overseen by the Sheriff's office. RECOMMENDED OR REQUESTED ACTION: Recommend the Board authorize the County Engineer to execute an Adopt-A-Road Agreement between Mason County and Baxter. Attachment 1 —Application Attachment 2 —Agreement Attachment 3 — Assigned Road Section Map OCT 3 1 2018 APPENDIX 1 D To be filled in by County ADOPT-A-ROAD APPLICATION Name.of Volunteer Organization Qq Mailing Address, City, State, ZIP Code List the sections of road you are interested in cleaning in order of preference: 1. Ebf Atffivnq Road Name T Vidnity �„n/ ,,i13 2. Road Name Vicinity 3. Road Name Vanity Sections of County road are assigned on a safety and first-come, first-serve basis. If the sections your group have identified above are not available the Mason County Public Works Department will suggest other alternatives. Volunteer Organization Representatives: j Signature: Representa' #1 Name of Representative(Print or Type) 46-06Y 1 ailing Address, City, State, Zip Code. Tom_ to 2-8 Day phone dumber Evening phone number -KCIV JA-01I IV 06-6 E nature: Representatiy4lwof Represents' Name of Re resentative(Print or Type) /'360 6z:;7- Seo y CDay one number vening p one number Return this application to: Adopt-A-Road Coordinator Mason County Public Works 100 W Public Works Drive Shelton,WA 98584 67 '�j b 62 7 '36 5 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 1 of 4 ADOPT-A-ROAD AGREEMENT This agreement is made and entered into this day and between Mason County, a municipal subdivision of the State of Washington herein known as the "County"and a volunteer organization herein known as the "Grantee Whereas, the County has the authority to establish a County-wide Adopt-A-Road litter Control Program (Adopt A-Road Program) pursuant to RCW 47.40; and Whereas the Grantee wishes to contribute toward the effort to reduce roadside Etter by volunteering to assist in picking up Etter on the section of road specified herein; Now,therefore,the County does hereby authorize the Grantee to participate in the Adopt A-Road Program by picking Etter within the assigned section of County road designated below, in accordance with the following terms and conditions: A. The Grantee does hereby agree: 1. To conduct clean up activities in a safe manner and under any conditions as may be required by the County for the safety of the participants. Safety of participants is the number one priority of the program, and the volunteer organization agrees to take full responsibility for the safety of each of its participants. 2. To assign a leader to each cleanup crew, and that crew leader shall have a copy of this agreement with him/her during the cleanup activity. 3. To pick up fitter no less than four times per year. Additional clean ups should be done as necessary to maintain a neat appearance. Recommended interval for cleanup is once every three months. 4. To furnish and require all participants wear a hard hat and safety vest during cleanup activities. 5. To allow no more the ten people to participate in the cleanup activity at one time over a one-mile section. 6. To have no more than two vehicles per one-mile section of assigned road parked on the County road shoukferwithin the assigned area during a cleanup activity. (A minimum number of vehicles shall be used to transport the participants to the assigned area.) All parking of vehicles shall be in compliance with State law. 7. To require that all participants shall be 15 years of age or older. The Grantee shall furnish supervision by one more adults for every eight (8) minors (between ages of 15 to 18 years of age) participating in the cleanup activity. 6 ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 2 of 4 8. To conduct a yearly safety training session for volunteers utilizing materials and training aids provided by the County prior to participating in a roadside cleanup. 9. Provide supplies and materials from Mason County Building I during regular business hours at the address shown on page 4 of this agreement- 10. To place filled trash bags at the County road shoulder for pickup and disposal by the County and notify the County at the time of cleanup to•coordinate the pickup time and locations. 11. To notify the County immediately in the event of any emergency on County road right-of-way. Participants who find anything that is hazardous or suspected to be hazardous shall not touch, but take appropriate precautions flag it and leave it for disposal by the proper authorities. Participants shall also not pick up syringes, hypodermic needles, or exceptionally large, heavy or unyielding objects. These kinds of materials should be flagged and the County notified as soon as possible to arrange for proper disposal. 12. Cleanups shall not be scheduled during a legal holiday, during the afternoon on the day before a legal holiday, or during holiday weekends. 13. To provide the County a roster(Medical Aid Coverage Record) of individual participants in the cleanup within seven(T) calendar days following the cleanup activity. 14. To report any injuries,incurred by participants during cleanup activities,to the County,within two (2)working days of the injury. Notification shall include: o Name of injured person o Nature of injury o Date and time of injury o How the injury occurred 15. Furnish to the County an "Adopt-A-Road Registration Form"for each of the participants taking part in titter pickup activities. 16. It is recommended that the Grantee have a first aid kit available at the cleanup site,and at least one person with a valid First Aid Card be present during cleanup activities- B. The County does hereby agree to: 1. To designate a program administrator to act as a contact person for this agreement_ 2. To furnish and install a maximum of two (2)Adopt-A-Road signs with the Grantee name andlor acronym displayed within the assigned area. 3. Furnish the Grantee with trash bags. 4. Remove the filled trash bags from County road shoulder upon notification by Grantee. ADOPT-A-ROAD APPENDIX 2 AGREEMENT Page 3 of 4 5. Assist the Grantee,in cleaning up fitter if necessary(i.e.,when large,heavy,or hazardous items are found). 6. Provide safety materials and training aids to the Grantee's representative for use by the Grantee in training participants. 7. To furnish a portable"Volunteer Litter Crew Ahead" advanced warning sign and stand,and make available hard hats,safety vests for all participants,and other equipment as deemed necessary (a deposit may be necessary). C. General Conditions. 1. Recycling is an accepted and encouraged activity. Recyclable items collected by participants may be removed from the site at the option of the Grantee. Profits from the sale of recyclable items shall belong to the Grantee. 2_ The County may suspend this agreement temporarily because of future construction that will take place within the limits of the assigned area. Once these have been completed,the Grantee will be notified and the agreement restored. 3. The terms of this agreement shall commence on the date of execution indicated below,and shall end on the date of termination unless terminated by the County, or the Grantee on 30 days notice. Upon termination of this agreement the Adopt-A-Road sign shall be removed and remain the property of the Department. 8 t r ADGP I-A-ROAD APPENDIX 2 AG REEIVIENT Page 4 of 4 F ED ROAD SECTION: Office Use Only A.Ta„my asp From , n. on to M .1. 1 Side of roadway: North South East West (Circle assigned side/s) Date of Execution: Date of Termination:January 31, Name of Volunteer Organization Po 66, 7o-3 /i�I v/%) Mailing Address, City, State,ZIP Code Signature: Representa" #1 Name of Representative (Print or Type) Pd 66X /ill /t. )� l� s-� y Mailing Address, City, State,Zip Code of Repres ntafive#1 � 57-q Day phon6 number Evening phone number Ben �- ature: Representative Name of Representative (Print or Type) Wiling Address, City, State,Zip Code of epresentafive#2 ay phone number Evening phone number Chairman of the•Board, Mason County Return To: Mason County Public Works 100 W Public Works Drive Shelton,WA 98584 9 ADOPT-A-ROAD APPENDIX 3 AGREEMENT } ADOPT-A-ROAD REGISTRATION FORM Name of Participant(Print or Type) Date of Birth Social security Number Nn 9/2-1 / 7-S Address city ZIP Phone Number Perron to notify in case of emergency HRelationship Address City ZIP Phone Number WARNINGI - PLEASE READ CAREFULLY � a��. � �} Participants in the Mason County Public Works Adopt-A-Road Later Control Program are advised that working adjacent to a County road is a VERY DANGEROUS ACTIVITY,with risks os serious injury or even death. Each participant is further advised that the risk of harm is present even if all safety precautions are followed. Each participant shall exercise due care in perforating fitter pickup activities. Participants must receive safety training provided by the Grantee Organization utilizing materials and training aids furnished by the County prior to participating in any cleanup activities. Participants shall wear a hard hat and vest famished by the Organization and appropriate protective clothing during cleanup activities. By signature below. I acknowledge that I have read this form completely, and I understand the responsibilities, the hazards, and the privileges of participation in the Adopt-A-Road Program. My participation in this program is voluntary,and I agree to accept the risks connected with this activity,and further agree on damages,including injury or death resulting from participation in this program_ Signature of Pa Signature of Parent of Guardian if Particip t is rider 18,years of age to ADOPT-A-ROAD APPENDIX 3 AGREEMENT (0Zt�`1 13AY, ADOPT-A-ROAD REGISTRATION FORM Name of Participant(Print or Type) Date of Birth social Security Number -TSF-A S'a^NJ Address City ZIP Phone Number PD FOA Zo 3 A-�-Y'J B�zy 36rr5f8llyl6 Person to notify in case or emergency Relationship i 01�Fe s fro L/► T� 1 rfN,D Address City. ZIP Phone Number 13 Zoe>� u-yN cIBsZy 36v -67y- WARNING! - PLEASE READ CAREFULLY i J Participants in the Mason County Public Works Adopt-A-Road Utter Control Program are advised that working adjacent to a County road is a VERY DANGEROUS ACTIVITY,with risks os serious injury or even death. Each participant is further advised that the risk of harm is present even if all safety precautions are followed. Each participant shall exercise due care in performing Etter pickup activities. Participants must receive safety training provided by the Grantee Organization utilizing materials and training aids furnished by the County prior to participating in any cleanup activities. Participants shall wear a hard hat and vest furnished by the Organization and appropriate protective clothing during cleanup activities. By signature below. I acknowledge that I have read this form completely, and I understand the responsibilities, the hazards, and the privileges of participation• in the Adopt-A-Road Program. My participation in this program is voluntary, and I agree to accept the risks connected with this activity, and further agree on damages, including injury or death resulting from participation in this program. Signature of P n Signature of Parent of Guardian if Particinet under 18 years of age 10 Adopt-A-Road - BAXTER 3 0,, I •0 �0 i .. L-------- I � ANTHONY RD _ - + M.P. 0.00-3.031 Adopt-A-Road t — r- Green Diamond Resources Road Road R t i Prvae oa C` 1 ( 4 County Road OpenSlreetWp(and) State HighwaycontyibutorsMCCBY-SA MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Diane Sheesley, County Engineer DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: May 6, 2019 PREVIOUS BRIEFING DATES: April 15 & 29, 2019 ITEM: Interlocal Agreement— PUD 3 EXECUTIVE SUMMARY: The purpose of the Interlocal Agreement is to partner with PUD 3 on refurbishing the eleven (11) street lights on the Harstine Island Bridge that have not been operational for some time. The agreement would also add new lighting on the east and west of the bridge and the Harstine Bridge Road and South Island Drive intersection. DISCUSSION: PUD 3 reached out to Public Works with a partnership opportunity after hearing that Mason County would be applying for a Local Bridge Program Grant for the Harstine Island Bridge. The partnership would include PUD 3 refurbishing the 11 lights on Harstine Island Bridge; which would include replacing the electrical wiring, securing access, installing bird spikes, and replacing non-functioning HPS lights with energy efficient, Dark Sky Compliant LED Lights. After community engagement, our recommendation is to add LED illumination to the bridge approaches and the Harstine Bridge Road and South Island Drive intersection as well. PUD 3 operates an unmetered LED street and area lighting program for the benefit of the public and in the interest of public safety. With the Harstine Island Bridge being a highly visible structure, it will demonstrate new resources to service electrical demands, and the many benefits of LED lighting. The LED lights PUD 3 uses are made in Renton, WA and are specifically designed to reduce light pollution by shining light directly onto the roadway. The project was presented on: April 10th -TIP-CAP (Transportation Improvement Program — Citizen Advisory Panel) Meeting April 12th - Harstine Community Meeting April 15th — Board of Commissioners at the Public Works Briefing April 22nd - Harstine Island property owners closest to the bridge were mailed a letter requesting their input April 29th — Board of Commissioners at the Public Works Briefing with PUD 3 staff in attendance Agreement shall remain in effect for ten (10) years and will automatically renew on a year-to year basis and may thereafter be terminated by either party upon a ninety (90) day written notice to the other party. Cost Impact to the County: PUD 3 will pay for the expense to purchase all materials and perform all labor, plus maintain, repair and replace lighting for a minimum period of ten (10) years from the date of installation. County Road Fund will pay the rate established by PUD 3 in Schedule 41, Outdoor Lighting Rates. RECOMMENDED OR REQUESTED ACTION: Recommend the Board approve the Chair to execute the Interlocal Agreement between PUD 3 and Mason County for the lighting retrofitting project on Harstine Island Bridge. Attachments: Interlocal Agreement AFTER RECORDING RETURN TO: INTERLOCAL AGREEMENT FOR HARSTINE ISLAND BRIDGE LIGHTING REFURBISH This Interlocal Agreement(Agreement) is made and entered into this day of 2019,by and between the Mason County, a municipal corporation in Mason County,Washington(County)and Public Utility District No. 3 of Mason County,a municipal corporation in Mason County, Washington(PUD 3), and collectively referred to hereinafter as the"Parties." RECITALS WHEREAS: The County constructs and maintains roadways and bridges for the benefit of the public and in the interest of public safety. This includes the Harstine Island Bridge,which has 11 overhead high-pressure sodium street lights installed that are not operational; WHEREAS: PUD 3 operates an unmetered LED street and area lighting program for the benefit of the public and in the interest of public safety. These lights are requested by both public and private parties, and are paid for by the requestor; WHEREAS: PUD 3 has a strong interest and history in implementing conservation and energy efficiency measures to reduce the need to acquire new resources to service electrical demands.The Harstine Island Bridge is a picturesque and highly visible structure that will demonstrate the many benefits of LED lighting; WHEREAS: The benefits of using newer technology utilizing LED street and area lights includes the following: improved night visibility due to higher color rendering,higher color temperature and increased illuminance uniformity; significantly longer lifespan; lower energy consumption;reduced maintenance costs; instant-on with no run-up or re-strike delays; no mercury, lead or other known disposable hazards; lower environmental footprint;highly directional fixtures,which direct the light output onto the roadway,where it is desired,which cuts down on light pollution; and an opportunity to implement programmable controls, e.g.,bi- level lighting; 4/26/2019 1 WHEREAS: The utilization of light emitting diode(LED) street and area lights provides significant benefits to the County and members of the public; NOW THEREFORE, in consideration of the mutual covenants hereinafter provided and pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW,the parties hereby recite, covenant,and agree as follows: 1. PUD 3 shall purchase all materials and perform all labor to refurbish the 11 street lights on Harstine Island Bridge with modern LED street lighting systems at PUD 3's sole and exclusive expense.This includes pulling new wire through existing raceway conduits, securing pull boxes from vandalism,replacing BPS luminaires with brand new LED luminaires, and installing bird spikes on the horizontal arms of the poles to reduce mess. 2. After installation,PUD 3 shall own,maintain,repair, and replace the LED street lighting systems during the term of this agreement at PUD 3's sole and exclusive expense. Mason County will continue to own and maintain the conduit raceways and luminaire support structures that are attached to the bridge. 3. The County agrees not to disconnect any of the Harstine Island Bridge lights and pay the rates established by PUD 3 in Schedule 41,Outdoor Lighting Rates, for such lights for a minimum period of ten years from the date of installation. 4. The County agrees to waive all applicable permit fees associated with this project. 5. There are no additional parties intended to be benefited under this agreement. There are no other agreements or representations,written or oral, concerning the subject matter of this agreement. 6. This Agreement shall be governed for all purposes by the law of the State of Washington. The venue for any action arising under this Agreement shall be in Mason County, Washington,unless otherwise mutually agreed in writing by the parties. 7. No amendments or variations of the terms and conditions of this Agreement shall be valid unless they are in writing and signed by all of the parties thereto. 8. The Parties agree to perform any further acts and to execute and deliver any further documents as may be reasonably necessary to fully effectuate the provisions of this Agreement. 9. None of the Parties shall be liable nor deemed to be in default for any delay or failure in performance under the Agreement or other interruption of service or employment resulting, directly or indirectly, from acts of God, civil or military authority,acts of the public enemy,terrorism,bomb threats,computer virus, epidemic,power outage, acts of war,accidents, fires, explosions,earthquakes, 4/26/2019 2 floods, failure of transportation,machinery, or supplies,vandalism, strikes or other work interruptions by the employees of any party,or any other cause beyond the reasonable control of the party affected thereby. However, each party shall utilize its best good faith efforts to perform under this Agreement in the event of any such occurrence or circumstance. 10. PUD 3 shall serve as the administrator of this agreement. 11. This agreement shall be effective immediately upon execution by the Parties, and shall continue in full force and effect for ten(10)years from the date of execution unless sooner terminated,amended, or superseded by mutual written agreement of the parties. 12. After the initial ten(10)year term of this agreement, the agreement shall automatically renew on a year-to-year basis and may thereafter be terminated, with or without cause,upon not less than ninety(90)days written notice to the other party. 13. Each Party shall either file or post this agreement in compliance with RCW 39.34.040 14. The County agrees to protect,defend, indemnify and hold harmless PUD 3 for any and all activities by County employees,officers,elected officials,agents and volunteers, from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits,and other proceedings and all judgments, awards,costs and expenses(including attorneys' fees and disbursements)caused by or occurring by reason of any violation of law or negligent act and/or omission of its elected officials, officers,agents,volunteers or employees,arising out of or in connection with the activities of the County under and pursuant to this Agreement, including but not limited to any personal injury, death,and/or property damage claim, demand, lawsuit or other proceeding, including industrial insurance claims and administrative enforcement actions,brought against PUD 3 or the County. 15. PUD 3 agrees to protect,defend, indemnify and hold harmless the County for any and all activities by PUD 3 employees,officers, elected officials,agents and volunteers, from any and all claims,demands, losses, liens, liabilities,penalties, fines, lawsuits,and other proceedings and all judgments,awards,costs and expenses(including attorneys' fees and disbursements)caused by or occurring by reason of any violation of law or negligent act and/or omission of its elected officials,officers, agents,volunteers or employees,arising out of or in connection with the activities of PUD 3 under and pursuant to this Agreement, including but not limited to any personal injury, death,and/or property damage claim, demand, lawsuit or other proceeding, including industrial insurance claims and administrative enforcement actions, brought against the County or PUD 3. 4/26/2019 3 16. This Agreement will be enforced to the fullest extent permitted by applicable law. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or other governmental authority of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement,which shall remain in full force and affect. 4/26/2019 4 IN WITNESS WHEREOF,the parties hereto have duly executed this agreement effective the date first indicated above; Mason County: Kevin Shutty,Chair Date PUD No. 3: Annette Creekpaum,Manager Date 4/26/2019 5 MASON COUNTY BRIEFING ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Loretta Swanson, Interim Deputy Director DEPARTMENT: Public Works EXT: 450 BRIEFING DATE: May 6, 2019 PREVIOUS BRIEFING DATES: N/A If this is a follow-up briefing, please provide only new information ITEM: Delegation of Signature Authority for Required Ecology Submittals Background The Department of Ecology requires submittal of reports or documents for permitted wastewater facilities using Ecology's WQWebPortal with an electronic signature. The Board previously delegated signature authority to Bart Stepp, Deputy Director of Utilities and Waste. Public Works now requests the authority be granted to Robert Choate, Water and Wastewater Manager. This authorization applies to the submittal of Discharge Monitoring Reports (DMRs), Notice of Intent, and Certificates of No Exposure for Rustlewood Wastewater Treatment Plant, North Bay/Case Inlet Water Reclamation Facility, and Belfair Wastewater and Water Reclamation Facility. Recommended Action: Request the Board delegate signature authority to Robert Choate to submit reports or documents for permitted wastewater facilities. Attachments: Electronic Signature Agreement Forms for Rustlewood, North Bay/Case Inlet and Belfair f i Electronic Signature Agreement Form Washington State Department of Ecology g p 9Y For Ecology Use Only Date fteceiped i Water Quality Program Farm. Reviewed Entered`: Venfied.': . 9EPA RTMEN'r OF Headquarters:(360)407-7097 ECOLOGY Web site:www.ecy-wa,gov/programs/wq ESAF t_ .: p. ,� y, c.rF..: C- ti-���' `� .r�,4y� �,f�y-� r."ss,���a'r-' ,�, i"'-r.,,� '- .a•� ,r-': If you are applying for multiple facilities/permits,please include a list containing the site location information anilrTiu�i all requested facilities/permits. tt,,�� Site/Facility Name: Rustlewood Wastewater Treatment Plant APR n Site Location Address: 111 East Rustle way City/State/Zip: Grapeview,WA 98546 WA State r)a art ent Permit Number: WA0038075 of Ecology IsW 0) 2 tEICCtronto 5iynr CDrtfact lforrmd$tatl �� Role: pQ Facility Signer ❑ Facility Coordinator Signature Account User Name: G 1 (i t1 A C Full Name: Ro ert P.Choate Work Mailing Address: 100 W Public Works Drive City/State/Zip: Shelton,WA 98584 Work Phone No,(Ext): 360-490-5612 Work Email Address: Rchoate@co.mason,wa.us Please include a copy of one of the following documents,with your name on the document,with your ESAF to prove your association with the facility-(ies). • Your permit's letter of coverage • Your permit's cover sheet • A previously submitted DMR • A correspondence from Ecology that has both the facility name and permit number on the same page • Signature authority delegation letter signed by the permittee(responsible official). r r :�4 E1�EffiolOtGS,grtiat�>'.e�Agre�nentan`�l�artlfc.��io7t5�atemenf �4 '�� � � �� "�'� '�'� By completing and submitting this form to Ecology,I agree to follow the rules and procedures governing the Electronic Signature account.I also agree that the reports and documents I submit under my Electronic Signature will be used as the corresponding paper report would. I want to submit the following report(s)or document(s)using WQWebPortal with an electronic signature. F] Discharge Monitoring Reports/Submittals p Notice of Intent(Permit Applications) p Certificate of No Exposure Y x �. €"a.S - "."' .e Clean_VNatet �tC�K#rfic (iR � x,� s< qtr W. 'Il ggt All submittals to the Department of Ecology under this WQWebPortal application are subject to the following certification,as required by federal and state regulations: 1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. The information submitted is,to the best of my knowledge and belief, true,accurate,and complete and l am a ware that there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. 6.Certification Statement I agree that I will: I agree that I will not: • Protect my Electronic Signature account,which includes • Let anyone else use my Electronic Signature account. my answers to the verification questions and my password; • Review the content and meaning of my submitted Annual Reports and Notifications; • Within 24 hours of discovery,report to Ecology if: o My Electronic Signature account is lost,stolen or used by someone else; o There is any difference between the information I submitted and the information displayed in WebDMR; o My role a,-,a signer for this organization changes. ' Agree: initial here Agree: (initial here) 9 ( Robert P. Choate (print Electronic Signer's name),understand that: 1. My electronic signature is legally the same as my handwritten signature for the purpose of compliance with the relevant environmental regulations; 2. A failure to timely notify Ecology of a possible misuse of my Electronic Signature account may result in my liability for the information submitted; 3. There are significant penalties for submitting false information,including possible fines and imprisonment,related to the federal Department of Justice and federal environmental program; 4. 1 will be asked to verify that I am following the rules outlined in this agreement when I electronically submit documents. 7. Signature of Electronic Signer I air-111 04/19/2019 Electfonic Signers Signature Date Robert P. Choate Water and Wastewater Manager Name(print or type) Title 8.Signature of Permittee(Responsible Official) handwritten 1, (insert name of permittee or responsible official)acknowledge that the individual named above works at/for Rustlewood Wastewater Treatment Plant (insert site/facility name)and is authorized to submit documents on the site's/facility's behalf. I understand that I will be contacted by Ecology to validate the account holder's employment at the site/facility name listed above. Signature Date Name(print or type) Title Note:You may skip this section if the responsible official has written,signed,and attached a delegation letter to this form or if the responsible official completes this form. If you need this document in a version for the visually impaired call the Water Quality Program at 360-407-6401.Persons with hearing loss, call 711 for Washington Relay Service.Persons with a speech disability, call 877-833-6341. r s,-�.i¢=:v,{`,x�J',-5•:y��' .Ct x`u "r. .'-'i. ''� .Y`.,,fi I, Bart Stepp (insert name of permittee or responsible official)acknowledge that Robert P.Choate (person being assigned)Is authorized to be an administrator on the site'sKacility's behalf. I understand that I will be contacted by Ecology to validate the account holder's employment at the site/facility name listed above. 04/19/2019 Signature Date Bart Stepp Deputy Director Name(print or type) Title Note:You may skip this section if the responsible official has written,signed,and attached a delegation letter to this form,if the responsible official completes this form,or if the responsible official is not assigning a person to the administrator role. Mail the signed electronic signature agreement and additional document(s)to one of the following Ecology office. Stormwater Permit Facilities—Industrial and Major Industrial Unit Construction Stormwater Washington Department of Ecology Washington Department of Ecology Water Quality Program Stormwater Unit Major Industrial Unit PO Box 47696 PO Box 47600 Olympia,WA 98504-7696 Olympia,WA 98504-7600 360-407-7097 360-407-6945 For all other permits, please contact one of the follow offices. Clallam, Clark, Cowlitz, Grays Harbor,Jefferson, Mason, Adams,Asotin, Columbia, Ferry,Franklin, Garfield, Grant, Lewis, Pacific, Pierce, Skamania, Thurston, and Lincoln, Pend Oreille, Spokane, Stevens, Walla Walla, and Wahkiakum counties Whitman counties Washington Department of Ecology Washington Department of Ecology Water Quality Program-SWRO Water Quality Program- ERO PO Box 47775 N.4601 Monroe Olympia,WA 98504-7775 Spokane,WA 99205-1295 360-407-6300 509-329-3400 Benton, Chelan, Douglas, Kittitas, Klickitat, Okanogan, Island, King, Kitsap, San Juan, Skagit, Snohomish, and and Yakima counties Whatcom counties Washington Department of Ecology Washington Department of Ecology Water Quality Program -CRO Water Quality Program- NWRO 1250 W ALDER ST ATTN: Chris Smith UNION GAP WA 98903-0009 3190- 160th Ave.SE 509-575-2490 Bellevue,WA 98008-5452 425-649-7000 Electronic Signature Agreement Form Washington State Department of Ecology For Ecology Use Only Date 1.Received Water Quality Program FormReviewed Entered Verified DEPARTMENT OF Headquarters:(360)407-7097 ECOL OGY Web site:www.ecy.wa.gov/programs/wq ESAF sore er,v=regio,. „�. -' S s£c .>rS, *sF.744'S” i+`�•# w Z r �, `;`7 �Y..,2 ✓ 'sic " °`rG �Stt@;5+pe3tlOn irtAaiO�t r >a w i y t@6z' If you are applying for multiple facilities/permits,please include a list containing the site location information and permit numbers for all requested facilities/permits. Site/Facility Name: Belfair Wastewater and Water Reclamation Facility Site Location Address: 25200 NE State Route 3 CitylstatelZip: Belfair,WA 98528 Permit Number: ST 6224 ' t ,#et:#PhtC':; "rgsr.enntaGlt�f��srta't�t�i? Y �......`'. 'd' _..7�':r,: _�_�_e,., r. .,.�.:. �.,a.,�.-._�.',.�t,j. r S, _4_»;ut,�:...?�%�.: ��.. .`?-:�-.✓r,!Nvr;� _ .r.�-.�-.._cr�,a.'�`... Role: Facility Signer ❑ Facility Coordinator Signature Account User Name: oJ (l� , Full Name: Robert P.Choate Work Mailing Address: 100 W Public Works Drive CitylStatelZip: Shelton,WA 98584 Work Phone No.(Ext): 360-490-5612 Work Email Address: Rchoate@co.mason.wa.us __ _ _.... _. cam... �.'itc.-E^:._,,._..«�..,..:.....,. ,...r'4.-._�:�s..r.�_.a.._:-:,a v...,_.M.. .fir_.. ,. ._. .r...� ✓; r.. .�.it.L.rr�_ ,,F':..G �.. ,..lc�.,. Please Include a Copy of one of the following documents,with your name on the document,with your ESAF to prove your association with the facility-(ies). • Your permit's letter of coverage • Your permit's cover sheet • A previously submitted DMR • A correspondence from Ecology that has both the facility name and permit number on the same page • Signature authority delegation letter signed by the permittee(responsible official). ,r . i=lecrbYtign�at �9t0emergtataderttftcatiortSf�#� ett# � r x z _� wv du By completing and submitting this form to Ecology,I agree to follow the rules and procedures governing the Electronic Signature account. I also agree that the reports and documents I submit under my Electronic Signature will be used as the corresponding paper report would.I want to submit the following report(s)or document(s)using WQWebPortal with an electronic signature. p Discharge Monitoring Reports/Submittals p Notice of Intent(Permit Applications) 0 Certificate of No Exposure Qan it f I�ctl ea#t#tca#F ra afQxrtert s e�� x .5 _Y.r All submittals to the Department of Ecology under this WQWebPortal application are subject to the following certification,as required by federal and state regulations: 1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualifled personnel properly gather and evaluate the information submitted. The information submitted is, to the best of my knowledge and belief, true,accurate,and complete and 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. `143� 13oz t 'i' 'e1 `Ys 4� :C"R t"k� .� wE� �. w, a{ :t a i' �'4 y@*,. �, r k. a'1 '1t �.,..,.• QUt 6Cefifcation I agree that I will: I a ree that I will not: • Protect my Electronic Signature account,which includes • Let anyone else use my Electronic Signature account. my answers to the verification questions and my password; • Review the content and meaning of my submitted Annual Reports and Notifications; • Within 24 hours of discovery, report to Ecology if: o My Electronic Signature account is lost,stolen or used by someone else; o There is any difference between the information I submitted and the information displayed in WebDMR; o My role as a signer for this organization changes. Agree: (initial here) Agree: (initial here) Robert P. Choate (print Electronic Signer's name),understand that: 1. My electronic signature is legally the same as my handwritten signature for the purpose of compliance with the relevant environmental regulations; 2. A failure to timely notify Ecology of a possible misuse of my Electronic Signature account may result in my liability for the information submitted; 3. There are significant penalties for submitting false information,including possible fines and imprisonment, related to the federal Department of Justice and federal environmental program; 4. 1 will be asked to verify that I am following the rules outlined in this agreement when I electronically submit documents. 7.Signature of Electronic Signer 04/19/2019 Electronic Signer's Signa reDate Robert P. Choate Water and Wastewater Manager Name(print or type) Title B. Signature of Permittee(Responsible Official) This form cannot be processed without a handwritten signature. 1, (insert name of permittee or responsible official)acknowledge that the individual named above works at/for Belfair Wastewater and Reclamation Facility (insert site/facility name)and is authorized to submit documents on the site's/facility's behalf. I understand that I will be contacted by Ecology to validate the account holder's employment at the site/facility name listed above. Signature Date Name(print or type) Title Note:You may skip this section if the responsible official has written,signed,and attached a delegation letter to this form or if the responsible official completes this form. If you need this document in a version for the visually impaired call the Water Quality Program at 360-407-6401. Persons with hearing loss, call 711 for Washington Relay Service. Persons with a speech disability, call 877-833-6341. 9 Assign Ad�ntmstrator r' .5. t 1 Bart Stepp (insert name of permittee or responsible official)acknowledge that Robert P. Choate (person being assigned)is authorized to be an administrator on the site'sffacility's behalf. I understand that I will be contacted by Ecology to validate the account holder's employment at the site/facility name listed above. 04/19/2019 - Signature Date Bart Stepp Deputy Director Name(print or type) Title Note:You may skip this section if the responsible official has written,signed,and attached a delegation letter to this form,if the responsible official completes this form,or if the responsible official is not assigning a person to the administrator role. Mail the signed electronic signature agreement and additional document(s)to one of the following Ecology office. Stormwater Permit Facilities—Industrial and Major Industrial Unit Construction Stormwater Washington Department of Ecology Washington Department of Ecology Water Quality Program Stormwater Unit Major Industrial Unit PO Box 47696 PO Box 47600 Olympia,WA 98504-7696 Olympia,WA 98504-7600 360-407-7097 360-407-6945 For all other permits, please contact one of the follow offices. Clallam, Clark, Cowlitz, Grays Harbor,Jefferson, Mason, Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Lewis, Pacific, Pierce, Skamania, Thurston, and Lincoln, Pend Oreille, Spokane, Stevens, Walla Walla, and Wahkiakum counties Whitman counties Washington Department of Ecology Washington Department of Ecology Water Quality Program -SWRO Water Quality Program- ERO PO Box 47775 N.4601 Monroe Olympia,WA 98504-7775 Spokane,WA 99205-1295 360-407-6300 509-329-3400 Benton, Chelan, Douglas, Kittitas, Kiickitat, Okanogan, Island, King, Kitsap, San Juan, Skagit, Snohomish, and and Yakima counties Whatcom counties Washington Department of Ecology Washington Department of Ecology Water Quality Program-CRO Water Quality Program-NWRO 1250 W ALDER ST ATTN: Chris Smith UNION GAP WA 98903-0009 3190-160th Ave.SE 509-575-2490 Bellevue,WA 98008-5452 425-649-7000 Electronic Signature Agreement Form Washington State Department of Ecology For Ecology Use Only Date Received: Water Quality Program form Reviewed Entered Verified DEPARTMENT OF Headquarters:(360)407-7097 COLOGY ESAF E u CO L ro e Y Web site:www.ecy.wa.gov/programs/wq If you are applying for multiple facilities/permits,please include a list containing the site location information and permit numbers for all requested facilities/permits. Site/Facility Name: North Bay/Case Inlet Water Reclamation Facility Site Location Address: 1001 Reclamation Ridge Road CitylState/Zip: Allyn,WA 98524 Permit Number. ST 6039 Elecfr�hte5lgnerCoi�tac7nfaxmaton vcs� yrr` ee �" eaYtP `*rx¢ x�t� �^a Role: Facility Signer I] Facility Coordinator le- Signature Account User Name: � AOc . Full Name: Robert P.Choate Work Mailing Address: 100 W Public Works Drive City/State/Zip: Shelton,WA 98584 Work Phone No.(Ext): 360-490-5612 Work Email Address: Rchoate@co.mason.wa.us -12-`..T.�,:;._..�?'t�''3�'iT �-�:rr'�hs+.._��.Z • r'Ts"'Fg � Is i sx - ms - Please include a copy of one of the following documents,with your name on the document,with your ESAF to prove your association with the facility-(les). • Your permit's letter of coverage • Your permit's cover sheet • A previously submitted DMR • A correspondence from Ecology that has both the facility name and permit number on the same page • Signature authority delegation letter signed by the permittee(responsible official). --z 2.00,- t -,4 Eler�ronrc�lgn�'tote-7A�greemeot'arldGertrfilcai�o'��S�a�emet�f�`�k .,�.���`� `�;-M� By completing and submitting this form to Ecology,I agree to follow the rules and procedures governing the Electronic Signature account.I also agree that the reports and documents I submit under my Electronic Signature will be used as the corresponding paper report would. I want to submit the following report(s)or document(s)using WQWebPortal with an electronic signature. EJ Discharge Monitoring Reports/Submittals p Notice of Intent(Permit Applications) p Certificate of No Exposure All submittals to the Department of Ecology under this WQWebPortal application are subject to the following certification,as required by federal and state regulations: f certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. The information submitted is, to the best of my knowledge and belief, true,accurate, and complete and t am aware that there are significant penalties for submitting false information,including the possibility of tine and imprisonment for knowing violations. r 6.Certification Statement I agree that I will: I agree that I will not: • Protect my Electronic Signature account,which includes • Let anyone else use my Electronic Signature account. my answers to the verification questions and my password; Review the content and meaning of my submitted Annual Reports and Notifications; Within 24 hours of discovery, report to Ecology if: o My Electronic Signature account is lost,stolen or used by someone else; o There is any difference between the information I submitted and the information displayed in WebDMR; o My role as a signer for this organization changes. Agree: /,A ' i ial here) Agree: (initial here) Robert P. Choate (print Electronic Signer's name),understand that: 1. My electronic signature is legally the same as my handwritten signature for the purpose of compliance with the relevant environmental regulations; 2. A failure to timely notify Ecology of a possible misuse of my Electronic Signature account may result in my liability for the information submitted; 3. There are significant penalties for submitting false information, including possible fines and imprisonment, related to the federal Department of Justice and federal environmental program; 4. 1 will be asked to verify that I am following the rules outlined in this agreement when I electronically submit documents. 7. Signature of Electronic Signer This form cannot be processed without a handwritten signature. fA ��T 04/19/2019 Ele tronic Signer's Si Date Robert P. Choate Water and Wastewater Manager Name(print or type) Title 8. Signature of Permittee(Responsible Official) This form cannot be processed without a handwritten signature. 1, (insert name of permittee or responsible official)acknowledge that the individual named above works at/for North Bay/Case Inlet Water Reclamation Facility (insert site/facility name)and is authorized to submit documents on the site's/facility's behalf. I understand that I will be contacted by Ecology to validate the account holder's employment at the site/facility name listed above. Signature Date Name(print or type) Title Note:You may skip this section if the responsible official has written,signed,and attached a delegation letter to this form or if the responsible official completes this form. If you need this document in a version for the visually impaired call the Water Quality Program at 360-407-6401. Persons with hearing loss, call 711 for Washington Relay Service. Persons with a speech disability, call 877-833-6341. 4 5;.�`5„}✓,,,�� :■r��ax�yy+s�.�--yy�h'�,ia'� � �,y�r Sa�T 70 �,x� a wy.✓Jf�' ' 1 ������W��ir��r ., '&��tiz�1+�'"�zg���� 2�Nsr% r • • • I • • ' °'•€"�iH's rite Vin._ _+?�5..>5;.+�'���� .�..n'.Y-; r�,:'',"✓� Bart Stepp (insert name of permittee or responsible official)acknowledge that Robert P.Choate (person being assigned)is authorized to be an administrator on the site's/facility's behalf. I understand that I will be contacted by Ecology to validate the account holder's employment at the site/facility name listed above. —rj 04/19/2019 Signature Date Bart Stepp Deputy Director Name(print or type) Title Note:You may skip this section If the responsible official has written,signed,and attached a delegation letter to this form,if the responsible official completes this form,or if the responsible official is not assigning a person to the administrator role. Mail the signed electronic signature agreement and additional document(s)to one of the following Ecology office. Stormwater Permit Facilities—Industrial and Major Industrial Unit Construction Stormwater Washington Department of Ecology Washington Department of Ecology Water Quality Program Stormwater Unit Major Industrial Unit PO Box 47696 PO Box 47600 Olympia,WA 98504-7696 Olympia,WA 98504-7600 360-407-7097 360-407-6945 For all other permits, please contact one of the follow offices. Ciallam, Clark, Cowlitz, Grays Harbor, Jefferson, Mason, Adams,Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Lewis, Pacific, Pierce, Skamania, Thurston, and Lincoln, Pend Oreille, Spokane, Stevens, Walla Walla, and Wahkiakum counties Whitman counties Washington Department of Ecology Washington Department of Ecology Water Quality Program-SWRO Water Quality Program - ERO PO Box 47775 N.4601 Monroe Olympia,WA 98504-7775 Spokane,WA 99205-1295 360-407-6300 509-329-3400 Benton, Chelan, Douglas, Kittitas, Klickitat, Okanogan, Island, King, Kitsap, San Juan, Skagit, Snohomish, and and Yakima counties Whatcom counties Washington Department of Ecology Washington Department of Ecology Water Quality Program-CRO Water Quality Program-NWRO 1250 W ALDER ST ATTN: Chris Smith UNION GAP WA 98903-0009 3190-160th Ave.SE 509-575-2490 Bellevue,WA 98008-5452 425-649-7000