Loading...
HomeMy WebLinkAbout2019/05/14 - Regular Packet BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers— 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 May 14, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Timberland Regional Library Report- Cheryl Heywood 5. Open Forum for Citizen Input ( 3 minutes per person, 15 minutes time limit) If you wish to address the Commission, raise your hand to be recognized by the Chair. When you have been recognized, please step up to the microphone and give your name and address before your comments.The Mason County Commission is committed to maintaining a meeting atmosphere of mutual respect and speakers are encouraged to honor this principle. 6. Adoption of Agenda Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:15 a.m. 7. Approval of Minutes — None 8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered as a separate item. 8.1 Approval of 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. 8.2 Approval to authorize the Chair to execute an Adopt-A-Road Agreement between Mason County and Baxter for Anthony Road. 8.3 Approval to have the Chair execute the Interlocal Agreement between PUD3 and Mason County for the lighting retrofitting project on Harstine Island Bridge. 8.4 Approval to delegate signature authority to Robert Choate, Water and Wastewater Manager, in order to submit reports or documents for Rustlewood, North Bay/Case Inlet and Belfair wastewater facilities. 8.5 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8064054-8064194 $ 250,006.69 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for April 2019 $ 266,602.01 8.6 Approval to set a hearing on Tuesday, June 4, 2019 at 9:15 a.m. to consider amendments to Title 17 relating to raising building height limits. Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 05/09/19 1:05 PM. If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair #275-4467,Elma#482-5269. MASON COUNTY COMMISSIONERS' MEETING AGENDA May 14, 2019— PAGE 2 8.7 Approval to set a hearing on Tuesday, June 4, 2019 at 9:15 a.m. to consider a rezone request of 30 acres from Rural Residential 5 (RR5) to Rural Tourist Campground (RTC). 8.8 Approval to set a hearing on Tuesday, June 4, 2019 at 9:15 a.m. to consider proposed amendments to Title 8, Chapter 8.52 Resource Ordinance. 8.9 Approval to set a public hearing on Tuesday, June 11, 2019 to consider the application from Nickolas Opolsky to place parcel 52024-34-00030 into Open Space. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time- No hearings. 11. Board's Reports and Calendar 12. Adjournment J:\AGENDAS\2019\2019-05-14 REG.doc GIS-IC� MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraldes Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: May 14, 2019 No. 4.1 ITEM: Correspondence 4.1.1 Letter of interest for the Cemetery District 1 position received from Debra Braz. 4.1.2 Darin Holland, William Adam, William Kendrick, Mark Nault and Brian Dayton sent in applications for Civil Service Commission. 4.1.3 Washington State Liquor and Cannabis Board sent a liquor license application for Hood Canal Salmon Enhancement Group held at The Salmon Center Grounds 600 NE Roessel Road, Belfair. 4.1.4 Washington Department of Natural Resources sent in County Income Report Explanation of Tables April 2019. 4.1.5 Washington State County Road Administration Board sent Certificate of Good Practice. 4.1.6 WAVE Broadband sent in Summary of Revenues. Attachments: Originals on file with the Clerk of the Board. cc: CMMRS Neatherlin, Shutty&Trask Clerk >>> debra braz <debndel(a_yahoo.com> 5/1/2019 8:34 PM >>> P.O. Box 427Belfair, WA 98528 May 1, 2019 Mason County Commissioners 411 North 5th StreetShelton, WA 98584 Dear Commissioners, I am applying for the Mason County Cemetery District 1 Board Commissioner position that was advertised on the MasonWebTV Site. I understand that this is a volunteer position that will last about six years. I feel that this could be something of great interest for me and fit very well with me living about a half mile from the cemetery. There was not a lot of information listed about what would be involved with the management of the Twin Firs Cemetery in Belfair, WA. However, I did work for Miller-Woodlawn Cemetery and Funeral Home in Bremeton, Wa for about four years from 1992-1996. 1 assisted families with cemetery placement for their loved ones and made sure that all the legal documents were in order for burial. In 2005, 1 began working for PSNS as tool room operator and retired in 2017 as a Supervisor for pneumatic repair mechanics. I live in Belfair with my retired husband and granddaughter. Please feel free to contact me with any questions that you may have of me at(360) 633-5577 or debndel(aD-yahoo.com. Thank you for your consideration. I look forward to hearing from you. Sincerely, Debra Braz RECEIVED MAY 022019 Mason County Commissioners 5/3/2019 Yahoo Mail-Mason County Cemetery District 1 Board Commissioner\ CC: CM MRS Neatherlin, Shutty & Trask Clerk Mason County Cemetery District 1 Board Commissioner Vacancy -- Belfair, WA Twin Firs Cemetery From: debra braz ( To: dlz@co.mason.wa.us RECEIVED Date: Wednesday, May 1, 2019, 8:34 PM PDT 14R1 Q 6,_2019 P.O. Box 427 Mason County Belfair, WA 98528 Commissioners May 1, 2019 Mason County Commissioners 411 North 5th Street Shelton, WA 98584 Dear Commissioners, I am applying for the Mason County Cemetery District 1 Board Commissioner position that was advertised on the MasonWebTV Site. I understand that this is a volunteer position that will last about six years. I feel that this could be something of great interest for me and fit very well with me living about a half mile from the cemetery. There was not a lot of information listed about what would be involved with the management of the Twin Firs Cemetery in Belfair, WA. However, I did work for Miller- Woodlawn Cemetery and Funeral Home in Bremeton, Wa for about four years from 1992-1996. I assisted families with cemetery placement for their loved ones and made sure that all the legal documents were in order for burial. In 2005, I began working for PSNS as tool room operator and retired in 2017 as a Supervisor for pneumatic repair mechanics. I live in Belfair with my retired husband and granddaughter. Please feel free to contact me with any questions that you may have of me at (360) 633-5577 or debndel@yahoo.com. Thank you for your consideration. I look forward to hearing from you. Sincerely, Debra Braz 111 cc: CMMRS Neatherlin, Shutty&Trask Clerk ) tA °�' co'avrA RECEIVED MASON COUNTY COMMISSIONERS I411 NORTH FIFTH STREET Nom` MAY 0 2 2019 SHELTON WA 98584 -w � Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 Mason County 1854 Commissioners I AM SEEKING APPOINTMENT TO C ; v1 I 'Seal v1 c,G Co/h m;S1 Oi— NAME 3,„.,,:1 110 //6„.4 ADDRESS: PHONE: CITY/ZIP: VOTING PRECINCT: WORK PHONE: -SA ea•• /,vA (OR AREA IN THE COUNTY YOU LIVE) E-MAIL: �j /in // �t:�!tr C= G I I..n /'7z��14.�X1 - Wi, COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: J. 13 A r m`/ /0e4 1✓G, I S YRS di,-)r•a4r O/ r 0- 0-1 Ale-fc< POSITION: /V--,4 ei /. hk7/ ..G ,4 (SIJ PeisG.. C..,,,^J/ f4LSOc•/G4i4*. of COMPANY: /Zlel-=.J g.e,,z,.. Ze..`/t' VYRS Re./s POSITION: /Z floe- In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: �,✓, / sL✓v•4' (OA ft,,sr; /s 4.e rea,;..c, '4 re).-/< e. tidymo,. vi iv-ep 2 �( (A•,GZ 1�-/enJ- 0d CivS ,I aN/v4,n.,�J- % Ove-fec% /1,,- ,,I) e �-- . p1-z mJ d-f Q 4.•-.0 "IVr 14. IL-keu a1 -/-4, pI/i . i cs, What interests, skills do you wish o offer� the.Board, Committee,eor Council? A.,,,,,/,‘,;. . ( / -L 4 ,.L 4e_ 4.-e.../tt ?I/ �•i 1/Q�1�C.:( i ti ,f e--op...,,...,;kV ,....,,,12„ L)eix_x„ /-)O, —fiaz . c.....-...e Li. ,.le ,o_k-,-. .a.-i_of , `f✓I 1/' f e. �e...--1 t c4 4 i ;if it)/_1.i l C7� C A.,e-4,- Z iewf f 1- IvG h„e_ caC/✓ cc.-.01,"v"v....Pi/ !.,. / 4.1.G 4„s ir"ASI- i es a fv act c."it I See v Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) 4o Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you. Would you be able to attend such trainings? yes Realistically, how much time can you give to this position? % Quarterly Monthly Weekly Daily Office Use Only r� S/Z/zo%9 Appointment Date Signature Date Term Expire Date cc: CMM RS Neatherlin, Shutty&Trask Clerk �K coy �� �s MASON COUNTY OMMISSIONERS ,A. MAY 0 6 2019 411 NORTH FIFTH STREET „ SHELTON WA 98584 " 914Mason County Fax 360-427-8437; Voice 360-427-9670, Ext 419;275-4467 or 482-5269 1854. Commissioners I AM SEEKING APPOINTMENT TO Civil Service Advisory Board . NAME: William H.Adam, III ADDRESS: 51 E. Sycamore Place PHONE: personal cell:360-464-0593 CITY/ZIP: VOTING PRECINCT: WORK PHONE: 360-586-2941 Shelton, 98u(ORAREA INTHE COUNTY YODUVE) Mason E-MAIL: Hm:wadam3@comcast.net; Wk:William COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: WA State Attorney Generals Office; 3 1/2 yRS -Assneiate Pastnr of Sheltnn Christian Church -WA Wing Chaplain, WA Wing HQ, JBLM POSITION: Senior Investigator -Chairman of the WA Atty Gen Veteran Group -Volunteer Staff Chaplain, Mason Co Sheriff Mason CountySheriffs Office; 23 -Member of WA Atty Gen LE Medal of Honor COMPANY: YRS -Member of WA Homicide Invst.Assoc. -Member of F.O.P. Lodge#23 POSfTION: Detective In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: I personally believe that the role or purpose of the Civil Service Advisory Board is to select the very best applicants that will best serve the citizens of Mason County as public servants, specifically as Peace Officers(Deputies)for the Mason County Sheriffs Office. What interests, skills do you wish to offer the Board, Committee,or Council? •• • - , . - - • • - - • • • -• ' e-expeeencers-• ••• - - . - •.- •- •. . ate-and federal peare officer. I also have experience in sitting on numerous hiring boards for municipal, county,state and federal positions. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e.create a potential conflict of interest) Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes! Realistically, how much time can you give to this position? Quarterly Monthly Daily A� Office Use Only j i - 5/6/19 Appointment Date Signature Date Term Expire Date cc: CMMRS Neatherlin, Shutty& Trask Clerk RECEIVED RMASON COUNTY COMMISSIONERS +4011111111 s 411 NORTH FIFTH STREET MAY 0 7 2019 SHELTON WA 98584 %* . Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 Mason County Commissioners I AM SEEKING APPOINTMENT TO Civil Service Commission NAME: William M. Kendrick ADDRESS: PHONE: 360- CITY/ZIP: 98592 VOTING PRECINCT: 226-1 WORK PHONE: 360-490-3114 (OR AREA IN THE COUNTY YOU LIVE) E-MAIL: COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE) AcrIKITgi OR rVBcERSHIPs) Seattle Public Schools 9.5 Shelton First Blaptis-Former er COMPANY: YRS bast F'resitlent AltlerbrooK boara Love INC of Mason County board member,golf POSITION: Superintendent chair Former member, Shelton Rotary COMPANY: Salem-Keizer Public Schools 14.5 YRS POSITION: Superintendent In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: It is imperative that the best qualified applicants are employed in Mason County. Law enforcement is a vital service for Mason Lounty resiaents. To acnleve tnis a careful review of applicants must occur to-Include recruitment, Interview placement and training. The commission must establish the process to assure that the best qualified are employed. What interests, skills do you wish to offer the Board, Committee,or Council? I hold a doctorate in administration and supervision. I understand all aspects of application, interviewing and training of personnel I am a good listener and work effectively with colleagues. I am retired having volunteered in a variety of ways since 2000 in Mason County I have the time to serve Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) None Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? Yes Realistically,how much time can you give to this position? Quarterly 5 Monthly 5 Weekly Daily Office Use Only S/ 71 Zo 19 Appointment Date Signature Date Term Expire Date cc: CMMRS Neatherlin, Shutty &Trask Clerk , C o-ilr', I +0.°1' c°Q4, RECEIVED MASON COUNTY"COMMISSIONERS It 411 NORTH FIFTH STREET ` MAY 0 8 2019 SHELTON WA 98584 — m� - Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 a Mason County Commissioners I AM SEEKING APPOINTMENT TO Civil Service Advisory Board NAME: Mark Nault ADDRESS: 261 SE Shadowood Drive PHONE: 360-427-5746 CITY/ZIP: VOTING PRECINCT: CcLE keAD WORK PHONE: 360-432-5235 Shelton 9858, (OR AREA IN THE COUNTY YOU LIVE) E-MAIL: mnault@ourcu.com COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE) (ACTIVITIES OR MEMBERSHIPS) COMPANY: Our Community Credit Union 14 YRS Sknnkum Rotary, Fcnnnmic navelnpment Counsel Board Member. POSITION: Director of Compliance COMPANY: YRS POSITION: In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: To serve in an advisory capacity to insure civil service laws are being followed, and enforce the principles of a merit based system of employment. What interests, skills do you wish to offer the Board, Committee, or Council? policies. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) NONE Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you. Would you be able to attend such trainings? Yes Realistically,how much time can you ,;i - to this position? Quarterly fr. I Weekly Daily j(i/ ta,t/Z Office Use Only • iip Appointment Date Signature Dake Term Expire Date cc: CMMRS Neatherlin, Shutty&Trask RECEIVED Clerk J � ,e°" COD* MASON COUNTY COMMISSIONERS �3y854 A MAY 0 8 2019 411 NORTH FIFTH STREET SHELTON WA 98584 Mason County Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269 Commissioners I AM SEEKING APPOINTMENT TO Civil Service Commissioner NAME: Brian Dayton ADDRESS: PHONE: 360- CITY/ZIP: Q^ VOTING PRECINCT: WORK PHONE: 360-532-0892 Shelton 9850r�R AREA IN THE COUNTY YOU LIVE) P232 EMAIL: COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE) Served a president foOR Grays Harbor COMPANY: Hoquiam Police Department 19yrs 11 mo YRS Volunteer Search and Rescue for four years and currently the past president POSITION: Patrol Sergeant COMPANY: USMC 4 years YRS POSITION: Squad Leader In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying: I believe the Civil Service Commission's job is to oversee the hiring and promoting the civil servants of the Mason County Sheriff's Office What interests, skills do you wish to offer the Board, Committee, or Council? I have been a police officer for almost 20 years the last 7 as a patrol sergeant. My career started with a civil service exam as well as my promotional opportunities. I have also sat on many oral boards for hiring and promotions with the civil corvico proctors. Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board: (i.e. create a potential conflict of interest) I have no conflicts of interest in the positon. I would appreciate the opportunity to provide input with my years of expereince as a policce officer for the law enforcement pserving my community. Your participation is dependent upon attending certain trainings made available by the County during regular business hours (such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be able to attend such trainings? yes Realistically,how much time can you gi ;- position? Quarterly +. thly Weekly Daily Office Use Only /7/7 Appointment Date Term Expire Date HENOISEG W S'dENOISSIWWOO 7,lNnOD "dZ9VNKW UID "dO7,VW 30 HUDIKNOIS EIVCI •pasPq azP SuoTgoaCgo Bons gozgM uodn S40PJ TTP JO 4uauia4P4s P 4Twgns asPaTd 'ggoq -To UoT4P30T 'gUPOTTddP ago JO TPnozddPSTp pagPOtpUT aneg noA 3I ON S371 :d EH 10 ON SE) 9NINOZ 'ONIO'IIng 'HEIS ON S3)� NOIZKZINKS 19 HZ'IKgH ON SgA ,LNEN20WANE MK'I ON SgA NOIS'dN` adXS ZSIII MO3HO TVNOIsdO ON SgA LUaxeq ST UOT40P TPUTJ azojaq buTzeag P quPM noA op 'asuaOTT P bUTnSST Sa4PTdwaquoo pzeog agq PUP anozddesrp noA 3I •E ON SE)� ZUOT4POOT JO anozddP noA oa •Z ON S:qI L4uPOTTddP jo anozddP noA oQ •T •asrnpP asPaTd pazTnbaz ST auiT4 TPuOz4ippP 3I •asuaOTT agq jo aouenssT agq 04 SUOTgo@Ego OU anPg noA auinssP TTTM aM 'a4Pp anogP agq urozj SAPP OZ uTg4TM @0TJJ0 sTgq UT paATaoaz q0U ST GOT40U STgq JO uzngaz gI •aOPTd DTJToads G P qe UOTgduinsuoo zo3 SseTb TPnpTnTpuT agq Aq zonbTT snon4Tztdg uoz�dumsuoO aszuiazd 330 309 A4Tquenb p04TuiTT uT abPxoPd zo aTqqog pauadoun uz s4TZTdg/auTM/zaag •aOPTd OTJTOads P qP uoTgdwnsuoo zo; 94Pp OTJToads P UO auTM TTas 04 asua0z7 •aoeTd OTJToads P 4P uOTgdwnsuoo zog @IPP paTJTOads e uo zaaq TTas Oq SasuaOT7 S3SN30II NOISFIO00 avio3dS SLSE-SLZ-09S (99•TZ•8 900) VG=l ZNNKor :10VIN00 'dIK31INg 'Od gZSSHOd 3N 009 - SONn02I9 EZIN3O NOWIIKS EHs :aovad W a 00:8 Os •W•a OO:T :HRAs 6TOZ 'ZZ HNnr :3Z`da 8ZS86 KM 2IIV=g s18uoISSIu.woo Old gESSHOd 3N 009 /64unoo uOSBw dnO'd9 ZNENEONKHNH NOW`IdS 'IKNKO OOOH ROZ so Adw Zb6MO :# NOISV000 TVIOHdS 6TOZ 'S 7,VH S2I3NOISSINWOO CZNnOD NOSVN :Os ClaA1333H OILZ-ESL-09E :xed no •eM•g0T@su0zse000TeTo9 s OTLZ-ESL-09E:XVd SLOE-VO986 FIM eTamATO SLOEb xOg 0 d - HS an'd oT3Toed 000E saoimHS HSNHOI'I - crdvoH sIH'dNNvo QNK HMO I HSVSS NOZONIHS`I4 Vi Jseal�g Alln4S'uiIaa4leaN SMAD :33 cc: CMMRS Neatherlin, Shutty&Trask Clerk Washington State County Road Administration Board 2404 Chandler Court SW, Suite 240 Olympia, WA 98502 www crab.wa.gov 360-753-5989 Fax: 360-350-6094 TO: County Executives and Chairs of Boards of County Commissioners FROM: John Koster, Executive Direct r ECE1 D DATE: April 29, 2019 MAY 0 6 2019 RE: Certificate of Good Practice Mason County COmnlfssion--rs It is my pleasure to send you the enclosed Certificate of Good Practice that was approved by resolution of the County Road Administration Board at its meeting on April 25, 2019. It is suggested that you present this certificate to your County Engineer at an appropriate time. A Certificate of Good Practice has been transmitted to the State Treasurer on behalf of your county pursuant to the authority contained in RCW 36.78.090 as shown on the certificate enclosed. This action by the CRABoard will assure the continued distribution of your monthly state gas tax allotment from the Office of the State Treasurer. On behalf of the members and staff of the CRABoard, I would like to express my appreciation for the cooperation we have received from and through your county engineer's office during the past year. Enclosure cc: County Engineers cc: CMMRS Neatherlin, Shutty &Trask Clerk �PSHINGTO,�, U � N D � O Op INV ATU% HILARY S.FRAN2 _> COMMISSIONER OF PUBLIC LANDS �_,yp EC E'VED April 30, 2019 MAY 032019 The Honorable Kevin Shutty, Chair a, Mason County Mason County Board of Commissioners Commissioners 411 North Fifth Street Shelton,WA 98584 Dear Commissioner Shutty: The Washington State Department of Natural Resources (DNR) manages approximately 28,909 acres of State Forest Transfer and Purchase Lands that benefit Mason County. These lands generated $461,000 in the first quarter of calendar year 2019. Net value under contract for calendar year 2019 is estimated at $3,859,000 from activities expected to occur under current contracts. Thanks to all of you who provided input and suggestions to us regarding the future format for this report. We are in the process of developing the new report style. Please be aware that you will continue to receive this report in its current style until we have completed the new formatted version. We want to notify you of a recent change that pertains to counties that receive revenue from state forestlands. After consulting with the Office of the Attorney General about revenue disbursements and in an effort to mitigate risks and reduce errors in those disbursements, DNR has determined that initial deposits will be held as security until all of the obligations of the purchaser are satisfied under timber sales contracts as required by law. All or a portion of the initial deposit may be distributed as the final payment for the sale of valuable materials after the Department determines that adequate security exists for the remaining performance of any obligations of the purchaser under contract. This change affects the timing of revenue distribution and does not affect the total amount of revenue distributed. If you have any questions regarding this change please contact Leah Fenner, Finance Manager, at 360-902-1259. The income information in this report does not include anticipated revenues from additional planned activities (contracts harvests, leases, easements, etc.) for which contracts have not been finalized. These income estimates are net after the current agency management cost percentage has been applied. Some counties receive portions of their income from leases and fees; however,the majority of income reflected in this report is derived from timber sales. As most revenue stems from timber sales, these projections can fluctuate depending upon when timber harvests occur. Market conditions, weather, contract requirements, and regulatory requirements influence timber purchasers' decisions about when to harvest. PRINTED ON RECYCLED PAPER DNR IS AN EQUAL OPPORTUNITY EMPLOYER. HILARY S.FRANZ DEPARTMENT OF NATURAL RESOURCES 360-902-1000 COMMISSIONER OF PUBLIC LANDS 1111 WASHINGTON STREET SE FAX 360-902-1775 CPL@DNR.WA.GOV MAIL STOP 47001 TRS 711 OLYMPIA,WA 98504-7001 WWW.DNR.WA.GOV I appreciate how necessary revenue is to the success of county functions. DNR consistently strives to ensure that we realize the maximum available income from the State Forest Transfer and Purchase Lands. Should you have any questions regarding this information, please contact Scott Sargent, South Puget Sound Region Manager, at 360-825-1631 or at scott.sargent@dnr.wa.gov. Sincerely, Hilary . anz Commissioner of Public Lands Enclosures COUNTY INCOME REPORT EXPLANATION OF TABLES April 2019 Two categories of lands are managed by the Washington State Department of Natural Resources (DNR) specifically to benefit counties: 1. State Forest Transfer Lands. Lands acquired by counties through tax foreclosures were transferred to DNR to manage. Management fee rates are established by the Board of Natural Resources. Currently, counties receive 75 percent of the revenue from these lands. 2. State Forest Purchase Lands. State-issued bonds were used to acquire certain parcels from private owners. Typically, these forest lands had been severely logged and were in need of active management. Allocation of revenue from these lands was determined when purchase was authorized, as follows: 26.5 percent to the county in which the property is located; 50 percent to DNR for management expenses; and the remaining 23.5 percent to the State General Fund. Nineteen counties include these types of State Forest Lands within their county boundaries. Income from management activities on State Forest Lands is designated for allocation to several taxing districts in each county. Only a small amount is available to the county for discretionary use. Revenue from State Forest Lands originates primarily from timber sales. These amounts vary widely as market conditions fluctuate. Smaller portions of revenue are derived from activities such as communication site leases, rights-of-way easements for utilities and roads, special forest products, special uses, and interest. Income will also vary with the number of revenue-generating activities within a given year. Variables responsible for high revenues in one year can lead to reduced income the following year. • Table 1 shows the annual revenue for each county from calendar year 2009 through the first quarter of calendar year 2019. This table illustrates the variability in total revenues from year to year. • Table 2 shows projected revenue for all 19 counties from all activities on State Forest Lands for calendar year 2019. • Table 2A shows projected revenue for each timber sale on State Forest Lands in your county anticipated to occur for 2019 and beyond(enclosed if applicable). • Table 3 shows the volume and net value under contract as of March 31, 2019 that is not currently scheduled for harvest until after December 2019 (enclosed if applicable). Projections were developed by DNR region staff by contacting each timber purchaser that has rights to an upcoming sale. Purchasers were asked how much and when they planned to harvest the timber from each sale. These projected timber revenues should be considered rough estimates only; actual activity will depend on individual sale characteristics (species, volume, location, etc.), combined with outside market factors as determined by each purchaser. The schedule of future timber sales from State Forest Lands in your county is available upon request from Department of Natural Resources' region staff. Table 1. Revenue to Counties from State Forest Transfer and Purchase Lands (Calendar Years) Updated: 4/18/2019 2019 County 2010 2011 2012 2013 2014 2015 2016 2017 2018 Jan-Mar Clallam 6,229,596 5,502,033 4,738,336 5,643,329 8,487,731 3,376,506 7,938,764 6,543,420 2,987,754 548,820 Clark 8,793,446 4,601,597 8,528,782 7,191,261 6,388,518 5,846,269 4,791,957 5,192,493 1,486,670 275,302 Cowlitz 3,709,692 1,534,691 1,557,816 1,598,498 1,067,106 4,025,043 1,358,909 1,358,770 1,417,984 10,166 Grays Harbor 2,178,958 1,991,750 2,168,671 1,075,212 875,687 1,245,311 2,838,170 1,881,541 1,151,469 435,478 Jefferson 981,510 3,082,453 740,481 661,568 1,085,477 2,906,961 1,603,428 1,085,544 2,573,648 843,913 King 2,737,595 2,474,997 1,112,153 741,392 2,818,269 952,755 2,397,790 905,021 1,245,122 160,488 Kitsap 495,884 55,958 877,589 743,958 293,314 851,397 824,969 1,130,540 556,973 8,337 Klickitat 327,073 209,403 559,355 289,623 215,737 352,380 26,797 25,551 10,947 0 Lewis 6,147,429 11,076,482 3,439,911 4,280,541 8,677,045 4,053,711 5,416,025 5,411,157 7,666,065 3,556,355 Mason 3,062,868 2,616,802 2,024,430 1,337,166 3,067,093 8,005,336 3,621,960 2,810,189 6,970,807 461,109 Pacific 2,060,204 2,547,153 441,369 3,446,724 1,267,286 1,227,526 2,653,344 1,387,737 3,505,380 1,933 Pierce 1,523,600 214,159 178,426 121,558 222,815 32,691 335,489 437,463 1,307,281 166,490 Skagit 8,746,747 11,679,594 9,093,422 5,976,604 7,452,783 7,425,535 8,592,232 14,533,379 15,534,103 3,900,908 Skamania 1,215,005 747,982 926,532 1,367,876 2,415,852 1,234,445 2,131,536 1,566,271 2,930,483 940,982 Snohomish 13,132,194 13,981,341 5,682,380 11,786,058 9,251,851 7,256,233 5,652,325 7,678,567 6,178,109 2,177,452 Stevens 47,542 59,973 64,654 69,322 70,725 63,533 94,918 90,768 110,709 1,097 Thurston 7,964,904 4,200,388 1,660,728 5,017,407 2,999,025 4,368,240 8,747,144 2,947,101 3,065,897 1,583,676 Wahkiakum 1,820,052 1,400,872 1,956,441 1,742,003 1,631,697 802,706 2,026,441 1,443,199 3,146,937 1,890 Whatcom 2,405,630 3,543,071 4,468,281 3,763,694 2,178,129 4,022,292 2,061,161 1,481,660 3,077,070 1,016,484 Totals $73,579,929 $71,520,698 $50,219,757 $56,853,794 $60,466,140 $58,048,870 $ 63,113,359 $57,910,371 $ 64,923,408 $16,090,680 Note: Revenue is received daily by the Department of Natural Resources for activities on State Forest lands and deposited daily at the Office of State Treasurer. Effective February 1998 these monies are remitted to each county via wire transfer a minimum of four times per month. Due to the specific date monies are received by the Department and the cutoff dates used by the State Treasurer for wire transfers, the revenue for the current period may be different than actual remittances to date. 4/26/2019 Table 2. Total Projected Revenues to Counties from State Forest Transfers and Purchase Lands ' (Dollars in Thousands) Apr thru June 2019 July thru December 2019 County High Medium High Medium Clallam $969.1 $1,565.1 $1,002.1 $2,618.0 Clark 1,601.5 1,793.5 78.4 157.4 Cowlitz 4.9 4.9 40.3 40.3 Grays Harbor 374.5 847.6 1,130.4 1,457.0 Jefferson 53.1 146.7 52.2 286.2 King 1,444.2 1,444.2 154.9 154.9 Kitsap 33.5 33.5 1,374.3 1,374.3 Klickitat 11.0 11.0 10.1 10.1 Lewis 5,038.3 4,573.8 5,505.0 5,481.6 Mason 2,425.6 2,425.6 972.2 972.2 Pacific 60.7 60.7 2,952.3 3,005.5 Pierce 0.0 373.9 145.4 145.4 Skagit 1,388.9 2,390.8 860.1 2,273.5 Skamania 405.3 1,171.3 616.8 633.5 Snohomish 1,325.4 1,382.3 70.7 276.5 Stevens 23.7 23.7 71.4 71.4 Thurston 2,423.2 2,670.5 323.3 3,289.9 Wahkiakum 1,317.2 1,317.2 0.3 0.3 Whatcom 45.2 45.2 2,367.6 2,827.1 Totals $18,945.3 $22,281.4 $17,727.7 $25,075.1 High - 90 percent reliability that timber harvest will occur and stated revenue will be transmitted. Medium - 50 percent reliability that timber harvest will occur and stated revenue will be transmitted. Note: Projected revenues are based on timber purchaser's logging plans as of March 2019. These plans change with changes in the economy and the business needs of each purchaser. Department of Natural Resources' region staff should be contacted concerning possible fluctuations in timber harvest for sales currently under contract and the schedule of future sales on State Forest Lands in your county. 4/26/2019 Table 2A. Projected Timber Harvest Revenues to Mason County from State Forest Transfer and Purchase Lands by Legal Description (Thousands of Dollars)' Value Under Sale App. Expiration Legal Description Apr thru June 2019 July thru December 2019 Contract after Number Sale Name Date Section Township Range High Medium High Medium Dec-19 94092 Black Licorice 10/31/19 3,4,9,10,15 24N 3W 1,881.6 1,881.6 502.6 502.6 0.0 95703 Kristine 10/31/20 19,20,29,30 23N 2W 426.4 426.4 426.4 426.4 0.0 Total $2,308.0 $2,308.0 $929.0 $929.0 $0.0 ' High-90 percent reliability that timber harvest will occur and stated revenue will be transmitted. Medium-50 percent reliability that timber harvest will occur and stated revenue will be transmitted. Values are cumulative from high to medium probability. Note: Projected revenues are based on timber purchaser's logging plans as of March 2019. These plans change with changes in the economy and business needs of each purchaser. Department of Natural Resources regional staff should be contacted concerning possible changes in timber harvest plans and for copies of sale area maps for specific locations of timber sales within the legal descriptions listed above. Mason Page 1 of 1 4/26/2019 cc: CM MRS Neatherlin, Shutty&Trask Clerk tucive Summary of Revenues MAY 0 8 2019 Subject to Franchise Fee Mason County Mason County C�mmissianers Franchise: 320 Payment Frequency: Quarterly, net 45 Supplier No. 245 Jan-19 Feb-19 Mar-19 Q1-19 Basic cable service 224,134.51 219,882.99 220,839.62 664,857.12 Bulk revenue 633.96 664.61 668.67 1,967.24 Pay Service 5,186.00 5,104.14 5,122.86 15,413.00 Pay per view 925.61 2,903.03 2,898.98 6,727.62 Digital services 9,213.56 8,898.74 8,661.29 26,773.59 Other revenue 716.50 (167.67) (1,201.19) (652.36) Equipment rental 44,042.13 43,463.14 43,530.28 131,035.55 Franchise fee revenue 15,453.63 15,448.78 15,809.46 46,711.87 Installation charge 635.00 484.95 1,270.00 2,389.95 Processing fees 7,444.93 6,661.70 10,582.41 24,689.04 Video Promotion (20.00) (24.68) (65.75) (110.43) Advertising 6,847.47 6,333.51 9,194.65 22,375.63 Shopping Commissions 626.43 487.19 863.94 1,977.56 Bad debt (2,473.66) (2,959.19) (20,645.85) (26,078.70) Total Revenue subject to Fee $ 313,366.07 $ 307,181.24 $ 297,529.36 $ 918,076.68 Franchise Fee rate 5.0% 5.0% 5.0% Franchise Fee Due $ 15,668.30 $ 15,359.06 $ 14,876.47 $ 45,903.83 01.110.111.000.2 3140.0.0320 ave Summary of Revenues Subject to Franchise Fees Mason County Franchise: 861 Payment Frequency: Quarterly,45 days Supplier No. 245 Jan-19 Feb-19 Mar-19 Q1-19 Basic cable service 157.12 157.12 125.03 439.27 Bulk revenue - Pay Service Pay per view Digital services Other revenue - Equipment rental - Franchise fee revenue 8.76 8.76 4.09 21.61 Installation charge - Processing fees - Cable Promotions Taxes&fees 3.14 3.14 1.46 7.74 Advertising 4.16 3.93 4.49 12.58 Shopping Commissions 0.26 0.30 0.42 0.98 Bad debt - - - - Total Revenue subject to Fee $ 173.44 $ 173.25 $ 135.49 $ 482.18 Franchise fee rate 5.0% 5.0% 5.0% Franchise Fees $ 8.67 $ 8.66 $ 6.77 $ 24.10 01.110.113.000.23140.0.0861 Paid with FTA 320(South) COMMUNICATIONS RCN W March 29, 2019 Dear vendor: RCN Telecom Services/Grande Communication/Wave Broadband have an ongoing initiative to covert payments made by check to electronic payments via Automated Clearing House (ACH). We are making this payment method change for increased efficiency and cost reduction purposes and to provide vendors payment in a more timely and convenient manner. In order to process ACH payments to your business we require a completed Vendor ACH Application Form. Our payment system will send you an email when payment is being generated attaching your remittance advise report. Most of the time the funds will be deposited into your account the day after your receive the email but please allow up to 3 business days. For your convenience we are attaching the ACH Application Form and the completed form can be mailed or email us at the following address: RCN Telecom Services/Grande Communication/Wave Broadband 650 College Road East Suite 3100 Princeton, NJ 08540 apinvoices rcn.net We believe you will find ACH a prompt, effective and reliable method for receiving payments. We look forward to your participation in the ACH program. If you have questions concerning the ACH program or completion of the form please contact the Accounts Payable department at 609-681-2196. Thank you for your attention to this matter. Yarelin Minacapelli Accounting Manager Patriot Media Consulting/RCN Telecom Services/Grande Communications/Radiate HoldCo, LLC/Wave Broadband 650 College Road East,Suite 3100, Princeton, NJ 08540-6603 Email: Vminacapelli@patmedia.us . . wave CokMA+Il1MCATIONS RCN ACH Authorization Form-Vendors Payee Information Company Name**: Contact Name: Contact Email: Contact Phone: Remittance advice e- mail**: InformationAccount Name of Financial Institution: City, State, Zip code: Country: Bank routing number (ABA) *Must be 9 digits**: Account Number**: *Please note, your bank routing/account#may be different for ACH vs Wire payments. Please make sure to provide the ACH information. Signature Authorized Signature: Authorized Printed Name: Date: Company Title: **Required Field. Please fill out and submit to apinvoices@rcn.net MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: May 14, 2019 Agenda Item # BRIEFING DATE: May 6, 2019 BRIEFING PRESENTED BY: Diane Sheesley and Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Private Line Occupancy Permit BACKGROUND: 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 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 IN THE MATTER OF THE APPLICATION OF FOR A PRIVATE LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN vVa�Piy Dawe' cc,6Je. �e%�Grv�p,9`Ctin�yNG/hic�7�`oy/5 ALONG AND UNDER -//,'P,5 L c? Lov� /�oj, ,A COUNTY MAINTAINED ROAD LOCATED IN MASON COUNTY, WASHINGTON Application of&e ra rd ad Ren ez , with principal residence located at 7 5 L P&I&,5 Zk.l-n PJ. , by and through /Y 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. lT. 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 described purpose(s): 4(,5e- ando,�6i924 a one- of S�c�7ah c+?fle/e Cyc�ti�y P'otxGi fl0-F-w-a y]y'coY715b'I.ec old bi"i i1a/Z�On Mabi-k�NC�7. 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 pass 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 map of definite 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 of 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 terms 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 in 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 Countyproperty 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 of the Work in the road right-of-way) or its contractors (to the extent 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 IniM&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 prior to 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 limited to,attorneys'fees,investigators'fees,litigation and appeal expenses,settlement payments 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 party 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 without filing or establishing with the county the insurance certificates, security fund 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 upon 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 ninety(90) 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 party's right to enforce all other provisions of this Permit. 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 Parry 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: &a vnavdand Renee.Scliae{44-- 2500 E. Ply;//its Lk L�_R- 5hdioh_ kA 968'Y 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 specifications reviewed 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 agreements of the Parties hereto with respect to all such matters,including,without limitation,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, WASHINGTON 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 12019. I/We, &eez am/our the 0L."h e-v- of parcel(s) ZZ Dos 57— 0000* and Uwe am/are the (Operator and) or(representative authorized to) accept Permit on behalf of Se -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. 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 12019. PERMITTEE S) By: Renee, C. Scl�aefer- Title: Sef-r STATE OF ss. COUNTY OF 1V\1JlSn r1 ) I certify that I know or have satisfactory evidence that V-EYY S C-Vu a-f is the person who appeared before me, and said person acknowledged that he/ signed this instrument, on oath stated that he/ h® was authorized to execute the instrument and acknowledged it as the Q�V—V\Z V of the to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: �OTAR j,' Notary Public Print Name k n pUBL�G My commission expires Op WAsa� 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 Title(s): dri✓ofe— Lin& Uji& OcGtit ancG / L-ml Grantor: COUNTY OF MASON, a leizal subdivision of the state of Washin ton Grantee: G e r-C -d OM d l en ee- SCAa e,Fi�v- Legal Description: 7j�\ L.o 2( Fat of)ph//li` s Lake bIVI,5lOn NO. 3 c?s o e-r a/at veac ;n Vo lure, 1/ of Plc,ts : PaaeCs) 95 and raco►-cls of Agson Gooklf4 , Was/iiha7104, Assessor's Property Tax ParceI/Account Number(s): Z2-00,5 S7- 0002-& B-1 MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT THIS MEMORANDUM OF PERMIT is dated as of the_day of 12019 between the County of Mason, a legal subdivision of the state of Washington("Couulty") and G�raVof anW Revsee, Sc:hae,-I'ev- (Permittee"). 1. Prope . 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 itle: Se/�% ow.le r- STATE OF W11,"�% ss. COUNTY OFYl I certify that I know or have satisfactory evidence that'QZ'oe2 SCh"e-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 Z3 day of ,201�I. Dated: q J23 l i r (Signatu t of Notary) 1CA -T-e n61 �t.�Nsioiv''4C c.. 3QSZ h., X (Legibly Print of Stamp Name of Notary) UaOTARr •: Notary public in and for the state of YV03\6 J4�n -4 •4— �: residing at 5ne )IM Y1 Nom: jOUB .%G ' y S My appointment expires S ' •�8-2,���a OF WAS�� B-3 FORM OF MEMORANDUM OF PERMIT Permit Area Map J-, OW dtlt i'!"EN V,1 Sd1 111u i �Ro 4o Cc{r rfdDff DcJAY �rSR�vG - t�uesc U(Cc P�O�C �-ll�62oCot�D�er r B-4 ' w7 • a + .�y� ♦ ,�f }. ^iii: _ r '-�_ ' ► 1 J Looking East 4 Legend 2500 E Phillips Lake Loop Rd �. W y y r IF .xo-,-�j a r`:. ° i," /llw� • y . Herrond't' '"�' _ �� •�• a Llr, 2500 E.Phillips Lake Loop Rd A McMiVn Island 1v AJIL •- / s W„t -Y i' f As ne Island s arsti Alp ji 20 all -lArcadia ') �. ✓'Squaxin Island - T �' �_� `',�•r�y 4„�� 1 ;, � / ,;. Hope Island �• ,•„—� :� Steamboat Isla d Goo'O.e Earth .. N 2018-,G���le 1. �. rill MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson, Interim Public Works Deputy Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: May 14, 2019 Agenda Item # BRIEFING DATE: May 6, 2019 BRIEFING PRESENTED BY: Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Adopt A Road --Anthony Rd BACKGROUND: 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. 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 ACTION: Recommend the Board authorize the Chair to execute an Adopt-A-Road Agreement between Mason County and Baxter. ATTACHMENTS : Application Agreement Assigned Road Section Map OCT 3 1 2018 APPENDIX 1 D To be filled in by County ADOPT-A-ROAD APPLICATION MY Name of Volunteer Organization P1 -5.-5 .4/1 t 4A Mailing Address, City, State, ZIP Code List the sections of road you are interested in cleaning in order of preference: 1. Em f Atffim,q gp�d rvape Road Name t, VanityOff to 2. Road Name 414- Vanity 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: Signature: Representa' #1 Name of Representative (Print or Type) �� / 6 , Mailing Address, City, State, Zip Code /300) 52-2A� Day phone dumber Evening phone number j��n�J,a-nrn i ry c�Cr�s E nature: Representa ' Name of Re resentative (Print or Type) �3�Lone( z�- s10y � 7 y9/ - x� Day p number vening p one number Return this application to: Adopt-A-Read Coordinator Mason County Public Works 100 W Public Works Drive Shelton, WA 98584 `l C �? 7 V 5 APPENDIX 1 �i" I Fj ICA Date Application Received To be filled in by County ADOPT-A-ROAD APPLICATION Name of Volunteer Organization Malfing Address, City, State, zip Code All Y49 re C M 1645 0-/ /$ �� List the sections of road you are interested in cleaning in order of preference: 1. Road Name Vicinity 2. I�JA Road Name Vicinity 3. Road Name Vicinity 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: Signature: RepresentativeWName of Representative (Print or Type) Mailing Address, City, State, Zip Code X 31 CJ �52 22'561 Day ph ber Evening pffone number ure: Represeno�ta ' e #2 Name of Re resentative (Print or Type) LM Day phone niffriber Evening phone number Return this application to: Mason County Public Works Attn: Charles Greninger 100 W Public Works Drive Shelton, WA 98584 5 ADOPT-A-ROAD APPENDIX 2 AGREEMENT ;5Af _t" 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 Y TQ> _ ;a volunteer organization herein known as the "Grantee". Whereas, the County has the authority to establish a Countywide Adopt-A-Road titter Control Program (Adopt-A-Road Program) pursuant to RCW 47.40; and Whereas the Grantee wishes to contribute toward the effort to reduce roadside fitter by volunteering to assist in picking up fitter 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 litter 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 litter 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 shoulder within 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(7) 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 litter 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 and/or 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. 7 ADOPT-A-ROAD APPENDIX 2 AGREEMENT (oZ(o� SCrt Page 3 of 4 S. Assist the Grantee,in cleaning up fitter if necessary (.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 ADOPT-A-ROAD APPENDIX 2 )-;G RL-=Ei'yiENT Pc9a A of 4 D. ASSIGNED ROAD SECTION: Office Use Only Road Name AINT An Nu From ALL n- 00 tom -7% 3. 0-3k Side of roadway: North South East West (Circle assigned side/s) Date of Execution: Date of Termination: January 31, Name of Volunteer Organization Po 66x eZo-�3 3 A//!�t•y . GSA- Mailing Address, City, State, ZIP Code ,( 19W,-7 / Af/'5 Signature: Representa' #1 Name of Representative (Print or Type) P16k �33 Mailing Address, City, State, Zip Code of Repres ntative#1 -- 2 - /�O) Day phon6 number Evening phone number A� ature: Representa&e Name of Representative (Print or Type) z "2-0 3 14/1Al M i6ng Address, City, State, Zip Code of ffepresentative#2 ay phone number Evening pho a 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 b7 (,--1 6A -r } ADOPT-A-ROAD REGISTRATION FORM Name of Participant(Print or Type) Date of Birth Social Security Number -1n Nf�vov)rL 912 f / .7-(43 `~ — Address city ZIP Phone Number 1�a � Jo Al ' n w >t q?)S2- I'-f f q � Person to notify in case of emergency Relationship Address city ZIP Phone Number WARNINGI - PLEASE READ CAREFULLY13�a)(p��- '�� Participants in the Mason County Public Works Adopt-A-Road Litter Control Program are advised that ' woridng 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 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 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 Pa Signature of Parent of Guardian if Particip t is oder 18 years of age 10 ADOPT-A-ROAD APPENDIX 3 AGREEMENT 1,�Z(o�l B1111Xrt ADOPT-A-ROAD REGISTRATION FORM Name of Participant(Print or Type) Date of Birth Social Security Number Address city ZIP Phone Number Perron to notify in ase of emergency Relationship ANjfvp Address city ZIP Phone Number q- YINJ WARNINGI - PLEASE READ CAREFULLY Participants in the Mason County Public Works Adopt-A-Road Litter 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 litter 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�rfig Signature of Parent of Guardian if Partin nt is under 18 years of age 10 Adopt-A-Road - BAXTER •�3I •0 i I •0 0�0 i f j "> ANTHONY RD i M.P. 0.00-3.031 Adopt-A-Road I I _� Green Diamond Resources Road Private Road Kill, 17 County Road ( ; AE G OpenSlreett" (and) State Highway a �_—_---___--�_cont gibutors,!#CC�BY-SA MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Sheesley, County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: May 14, 2019 Agenda Item # BRIEFING DATE: May 6 2019 BRIEFING PRESENTED BY: Diane Sheesle [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: April 15 &29, 2019 ITEM: Interlocal Agreement— PUD 3 BACKGROUND: 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. 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 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 UPS 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 Approve as to Form: Tim Whitehead. Ch. DPA-Mason County 4/26/2019 5 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson, Interim Deputy Director Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: May 14, 2019 Agenda Item # BRIEFING DATE: May 6, 2019 BRIEFING PRESENTED BY: Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: 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: Recommend the Board delegate signature authority to Robert Choate to submit reports or documents for permitted Rustlewood, North Bay/Case Inlet and Belfair wastewater facilities. ATTACHMENTS: Electronic Signature Agreement Forms for Rustlewood, North Bay/Case Inlet and Belfair Electronic Signature Agreement Form ."'Willill Washington State Department of Ecology 9 p 9Y For Ecology Use Only Date Received: Water Quality Program Form Reviewed Entered Verified oev.Rr.uEur ov Headquarters:(360)407-7097 ECOLOGY Web site:www.ecy.wa 4ov/programs/wo ESAF 1. Site Location Information If you are applying for multiple facilitieslpermits, please include a list containing the site location information anj2liq�licrblndu all requested facilities/permits. �/ SitelFacility Name: Rustlewood Wastewater Treatment Plant Site Location Address: 111 East Rustle way APR 102019 City/State/Zip:_ Grapeview,WA 98646 VVA Stats no art ent Permit Number WA0038075 6f Ecology (SW p 2. Electronic Signer Contact Information Role: pQ Faacility Signer ❑ Facility Coordinator Signature Account User Name: Yr 1 li�A A(AeT� Full Name: Rc ert P.Choate Work Mailing Address: 100 W Public Works Drive City/State/Zip: Shelton,WA 98584 Work Phone No,(Ext): 360-490-5612 Rchoate@co.mason.wa.us Work Email Address: 3. Proof of Identity 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). 4. Electronic Signature Agreement and Certification Statement 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 5. Clean Water Act Certification Statement All submittals to the Department of Ecology under this WQWebPortal application are subject to the following certification,as required by federal and state regulations: !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 aware 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 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 a 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 Electironic Signer s Signature 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. I, (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. 9.Assign Administrator 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'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. :f� n1 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 Received: Water Quality Program Form Revie:^:ed Entered Verified DEPART•NF NI e' Headquarters:(360)407-7097 ECOLOGY Web site:www.ecy.wa,goviprograms/wq ESAF cl oto of lVashin�tnn, - 1. Site Location Information If you are applying for muitple facilitiesr'perrnits, 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 City/State/Zip: Allyn,WA 98524 Permit Number: ST 6039 2. Electronic Signer Contact Information Role: ❑Q Facility Signerpp ❑� Facility Coordinator �l Signature Account User Name: —C'"1 c o�e— 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 3. Proof of Identity 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). 4. Electronic Signature Agreement and Certification Statement 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 reports)or document(s)using WQWebPortal with an electronic signature. E] Discharge Monitoring Reports/Submittals p Notice of Intent(Permit Applications) C Certificate of No Exposure 5, Clean Water Act Certification Statement All submittals to the Department of Ecology under this WQWebPortal application are subject to the following certifcation,as required by federal and state regulations: 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 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 as a signer for this organization changes. Agree: 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. 1� 1���� 1� 1� -Itn-i 11� 111 H"1Frtr1O111111=Zi 7. Signature of Electronic Signer wwwak fl 2r 04/19/2019 Ele ironic Signer's S` Date Robert P. Choate Water and Wastewater Manager Name(print or type) Title 8. Signature of Permittee(Responsible Official) I, (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. '9 A�sigt�Adrlrlittis�r�tor„` � - .- . A 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'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. - 04119/2019 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 Received: Water Quality Program Form Reviewed Entered Verified o BrART.MENT or Headquarters:(360)407-7097 ECOLOGY Web site:www.ecy.wa.gov/programs/wo ESAF 1.Site Location Information 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 2, Electronic Signer Contact information Role: ❑' Facility Signer Facility Coordinator Signature Account User Name: in Q AA,oa 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 3. Proof of Identity 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). 4. Electronic Signature Agreement and Certification Statement 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. E] Discharge Monitoring Reports/Submittals p Notice of Intent(Permit Applications) 0 Certificate of No Exposure 5.Clean Water Act Certification Statement All submittals to the Department of Ecology -inder this WQWebPortal application are subject to the following cert fication:,as required by federal and state regulations: 1 certify under penalty of taw 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/am aware 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 as a signer for this organization changes. Agree: 11 .4 (initial here) Agree: (initial here) l 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 .ro Date Robert P. Choate Water and Wastewater Manager. Name(print or type) Title 8. Signature of Permittee(Responsible Official) I, (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 Adrrfinistra:tnrrMIT =-1 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'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. 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 1�-- MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Giraldes Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 380 DATE: May 14, 2019 Agenda Item # j (Commissioner staff to complete) BRIEFING DATE: BRIEFING PRESENTED BY: [X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8064054-8064194 $ 250,006.69 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for April 2019 $ 266,602.01 Electronic Remittance Detail Macecom 4/3/19 $ 110,115.08 Mental Health 3/8/19 $ 14,939.60 Reet-Sandhill Park to Treasurer Trust 4/10/19 $ 5,539.30 Mental Health to Prosecutor 4/22/19 $ 10,971.53 Mental Health to Therapeutic Court 4/22/19 $ 63,380.71 Mental Health Trans Out to Therapeutic Court 4/23/19 $ 55,955.79 Non Departmental to Trial Court Imp. 4/9/19 $ 5,700.00 Refund Interest Earned 4/30/19 $ 1.78 Background: The Board approved Resolution No. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the board enter into the minutes of the County 4941Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD Total $ 8,559,813.98 Direct Deposit YTD Total $ 5,439,836.56 Salary Clearing YTD Total $ 5,684,541.99 Approval of Treasure Electronic Remittances YTD Total $ 2,042,730.17 RECOMMENDED ACTION: Approval to: Move to approve the following warrants: Claims Clearing Fund Warrant #s 8064054-8064194 $ 250,006.69 Direct Deposit Fund Warrant #s $ Salary Clearing Fund Warrant #s $ Treasure Electronic Remittance for April 2019 $ 266,602.01 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) �N Q,Ci 'ss CO c Office of the Treasurer E 411 N. 5th, Bldg. P.O. Box 429 Shelton, Washington 98584-0429 $�1pFasth �� (360) 427-9670, ext. 475 - Fax (360) 427-7267 Belfair (360) 275-4467 - Elma (360) 482-5269 Elisabeth (Lisa) Frazier, Treasurer Tc�a Payment approval of Macecom: Account FUND # Remittance RECEIPT # Macecom001.000000.300.300 $ 110,115.08 M-52293 Is - 3/8/2019 Payment approval of Mental Health: Account FUND # Remittance RECEIPT # MENTAL HEALTH 164.000000.000.000 $ 14,939.60 M- I I - M- 4/10/2019 Account FUND # Remittance RECEIPT # REET-SANDHILL CO PARK RETAINAGE 351.000000.100.000 $ 5,539.30 M-53466 TRESURER TRUST 645.000000.000.000 $ 5,539.30 M-53467 22-Apr-19 Account FUND # Remiittance RECEIPT # Mental Health- Budgeted Transfer 164.000000.100.000 $ 10,971.53 M-53749 Prosecutor 001.000000.180.164 1 $10,971.53 M-53750 22-Apr-19 Account FUND # Remiittance RECEIPT # Mental Health- Budgeted Transfer 164.000000.100.000 $ 63,380.71 M-50497 Therapeutic Court 001.000000.256.100 1 $63,380.71 M-50498 23-Apr-19 Account FUND # Remiittance RECEIPT # Mental Health Transfer Out 164.000000.100.000 $ 55,955.79 M-43981 Therapeutic Court 001.000000.256.100 1 $55,955.79 M-43984 4/30/2019 REFUND INTEREST EARNED L' I ' Account FUND # Remiittance RECEIPT # CURRENT EXPENSE 001.000000.260.000 $ 0.81 Multiple Rec ROAD DIV-CURRENT EXPENSE 001.000000.260.010 $0.19 Multiple Rec Veterans Assistance 190.000000.000.000 $ - IMultiple Rec COUNTY ROAD 105.000000.000.000 $0.761 Multiple Rec MENTAL HEALTH 164.000000.000.000 $0.02 Multiple Rec 4/9/2019 Account FUND # Remiittance RECEIPT # CE-Non departmental001.000000.310.000 $ 5,700.00 M-53424 TRIAL COURT IMPROVEMENT 135.000000.000.000 1 $5,700.00 M-53425 Respectfully submitted by: Julie Richert, Chief Deputy Treasurer 4/30/2019 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda X Public Hearing ❑ Other ❑ Department: Community Services Ext: 286 Date: May 14, 2019 Agenda Item # (Commissioner Staff To Complete) Briefing Date: April 8 and May 6, 2019 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Set a public hearing on June 4, 2osg at 9:15 a.m.to consider amendments to Title 17 related to raising height limits. BACKGROUND: 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 and 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. RECOMMENDED ACTION: Board of County Commissioners shall set a public hearing on June 4, 203.9 at 9:15 a.m.to consider amendments to Title 17 relating to raising height limits. ATTACHMENT(S): Amendments Notice of Hearing 5/6/2019 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+iant 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.PF8P....t1....uuL,n.n the R-Fal P.....mpr.d-.l c 7ene Would Apply Qwner�Business Name- PaFeel Type of Land Use StaFt of Land I PFesent Zone Proposed Zone 31905 T !ncvrrs arced {BCH Fra l R F l CenteF 61 Ryan Rd. 00809 &ales MaFeh 1996 Residential 5 2 DiekeFiRg MaFine 3400 'l7n�r FflOtE)FBeat Gen5tFueted ju4y RUFal R+" PickeFing Rd 00090 and Fepa;F 19% Residential 5 CemrAeFeial 5— 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€er-tyfifty-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. The maximum height of structures in the district shall be thirty-five feet...,or as reviewed by special use Height: 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,lune 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 AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑x Public Hearing ❑ Other ❑ Department: Community Services Ext: 286 Date: May 14, zo19 Agenda Item # V7 (Commissioner Staff To Complete) Briefing Date: May 6, 2019 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Set a public hearing on June 4, 2019 at 9:i5 a.m. to consider a rezone request for 30 acres in Rural Residential 5(RR5)to Rural Tourist Campground(RTC). BACKGROUND: The Department of Community Services received a rezone request for parcel#32035-12-00000 and 32035-12-000010 from Rural Residential 5 (RR5)to Rural Tourist Campground (RTC). Requests is considered an amendment to the Development Regulations and is not a change to the Comprehensive Plan. RECOMMENDED ACTION: Board of County Commissioners shall set a public hearing on June 4, 203.9 at 9:15 a.m.to consider a rezone request of 3o acres from RRS to RTC. ATTACHMENT(S): Map of parcels Letterfrom new Property Owner(Impact Northwest) Notice of Hearing 5/6/2019 I + -OW Mason County WA GIS Web Map Ile Fwt / fJ d �F { 11/13/2018 9:04:24 AM 1:3,074 0 0.03 0.05 0.1 mi ,03 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 Z National Wetlands Inventory(Hyperlinked) Fish DNR Water Bodies Source:Esd, DigitalGlobe,GeoEye, Earthstar Geographics,CNES/Airbus Non-fish Fish DS,USDA,USGS,AeroGRID,IGN,and the GIS User Community Shorelines of the State l -� Non-fish Mason County WA GIS Web Map Application Earthstar Geographics 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 AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda Q Public Hearing ❑ Other ❑ Department: Community Services Ext: 286 Date: May 14, 2019 Agenda Item # 0 (Commissioner Staff To Complete) Briefing Date: May 6, 2019 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Set a public hearing on June 4, 2o1g at 9:15 a.m.to consider amendments to Title 8, Chapter 8.52, Resource Ordinance, relating to the Voluntary Stewardship Program (VSP). BACKGROUND: After adoption of County Ordinance 07-12, Mason Conservation District(District)was assigned lead entity to establish the 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 2o18. The District and Planning staff is proposing amendments to 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, 2o19 and again on April 1S, 2019.They recommended approval, as amended,to the BOCC. RECOMMENDED ACTION: Board of County Commissioners shall set a public hearing on June 4, 2019 at 9:15 a.m. to consider proposed amendments to Title 8,Chapter 8.52 Resource Ordinance. ATTACHMENT(S): Title 8.52 Amendments Notice of Hearing 5/6/2019 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 by 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 Page 2 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 agFicultuFal activities within any FWHCA and/ buffeF complying with a EUFFent ceRsep,�atien plan that eenfOFM5 With the standa state agency. DiFe.+seeding of-,,,,,.,eulture i-r „+ Side.ed- d,,.,,,lepm,.,+.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) {KVoluntary 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 13 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 AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Diane Zoren Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 747 DATE: May 14, 2019 Agenda Item # g Commissioner staff to complete) BRIEFING DATE: May 6, 2019 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to set a public hearing on June 11 at 9:15 a.m. to consider the application from Nickolas Opolsky to place parcel 52024-34-00030 into Open Space. Background: 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 ACTION: Approval to set a public hearing on June 11 at 9:15 a.m. to consider the application from Nickolas Opolsky to place parcel 52024-34-00030 into Open Space. Attachment: Application APPLICATION NUMBER: CUOS03-2oi8 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. •3✓ RECOMMENDATION ........................................................................................................................................................................................................................................._................................................................ The Assessor recommends that all 6.16 acres be allowed into Open Space.