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HomeMy WebLinkAbout2019/06/04 - Regular Packet June 4.1 BOARD OF MASON COUNTY COMMISSIONERS DRAFT MEETING AGENDA Commission Chambers — 9:00 a.m. 411 North Fifth Street, Shelton WA 98584 June 4, 2019 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 News Release: Temporary closure of Union Park Staff: Ross McDowell 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 professional Services Contract for the new Mason County Health Officer, Daniel E. Stein, MD. 8.2 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8064388-8064653 $ 907,247.21 Direct Deposit Fund Warrant #s 59083-59474 $ 701,067.70 Salary Clearing Fund Warrant #s 7004440-7004466 $ 488,657.63 8.3 Approval to submit the 2019-2021 Local Solid Waste Funding Assistance (LSWFA)grant application to Department of Ecology and authorize the Public Works Director and/or Deputy Director/Utilities and Waste Management to sign the necessary agreements. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time 10.1 Public Hearing to consider a rezone request for 30 acres in Rural Residential 5 (RR5) to Rural Tourist Campground (RTC). Staff: Kell Rowen 10.2 Public Hearing to consider amendments to Title 8, Chapter 8.52, Resource Ordinance, relating to the Voluntary Stewardship Program (VSP). Staff: Kell Rowen Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last printed on 06/03/19 1:41 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 June 4, 2019— PAGE 2 10.3 Public hearing to consider code amendments to Title 17-Zoning, relating to raising height limits in certain zones within the Urban Growth Areas of Allyn, Belfair, and Shelton and Rural Commercial Zones 3,4 and 5. Staff: Kell Rowen 11. Board's Reports and Calendar 12. Adjournment C:\Users\MDrewry\Documents\GroupWise\2019-06-04 REG.doc MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Jennifer Giraldes Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: June 4, 2019 No. 4.1 ITEM: Correspondence 4.1.1 Robert Pastore sent in a letter concerning raising building height allowances in Mason County. 4.1.2 Washington State Liquor and Cannabis Board sent liquor license applications for Tahuya Community Club held at 14880 NE North Shore Rd, Tahuya and Harstine Island Community Club held at 3371 E. Harstine Island Rd N, Shelton. 4.1.3 Herbert Larson sent in a letter regarding Lake Management District No.3 for Spencer Lake. Attachments: Originals on file with the Clerk of the Board. cc: CMMRS Neatherlin, Shutty&Trask Clerk RECEIVED May 24, 2019 MAY 2 4 2019 Mason County Board of Commissioners Mason County 411 North 5 1 Street Commissioners Shelton, WA 98584 Via Email Dear Commissioners, While I have no issue with the Mason County Board of Commissioners considering raising the building height allowance in certain areas of Mason County, I offer these observations and suggestions: • Increased height means that businesses and apartment complexes may be built to that height putting further stress on our road system. I suggest that the BoCC establish a building permit cost on any application to build above the current height that addresses this eventuality. That fee would be deposited in a holding account for any issues that the Public Works Department determines the road impacts of the applicant's plan. • Apartment buildings may bring additional children. Proposed apartment buildings should have the same constraint with the Mason County Community Development Department to add funds for the school districts. • Additional height also impacts our fire districts. Do they have the proper equipment to fight a fire of that height? Again, a permit fee which addresses that safety issue. • The impact to our law enforcement agencies with additional residents and business infrastructure is also an issue and should be mitigated. I do not plan to attend the public hearing on June 4. Therefore, I respectfully request that my comments be read into the record. Sincerely, 9 61to�� Robert A. Pastore Stretch Island Cc: Community Development Department Public Works Department Fire Marshall Sheriff Shelton Mason Journal cc: CMMRS Neatherlin, Shutty&Trask Clerk ) C- , q ro WASHINGTON STATE LIQUOR AND CANNABIS BOARD - License Services 3000 Pacific Ave SE - P O Box 43075 Olympia WA 98504-3075 FAX:360-753-2710 EMAIL:specialoccasions@lcb.wa.gov TO: MASON COUNTY COMMISSIONERS MAY 23, 2019 ('�"FEV E rd SPECIAL OCCASION #: 070739 MAY 2 8 2019 HARSTINE ISLAND COMMUNITY CLUB 3371 E HARSTINE ISLAND RD N Mason County SHELTON WA 98584 Commissioners DATE: JUNE 29, 2019 TIME: 4 PM TO 8 PM PLACE: HARSTINE ISLAND COMMUNITY HALL - 3371 E HARSTINE ISLAND RD N, SHELTON CONTACT: ANNE STRATHAIRN (DOB;10/17/1951) (360) 426-5629 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO 2. Do you approve of location? YES NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES NO LAW ENFORCEMENT YES NO HEALTH & SANITATION YES NO FIRE, BUILDING, ZONING YES NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMIONERS OR DESIGNEE cc: CMMRS Neatherlin,Shutty&Trask Clerk) e-mall a wp WASHINGTON STATE LIQUOR AND CANNIBIS BOARD - License Services 3000 Pacific Ave SE - P O Box 43075 Olympia WA 98504-3075 TO: MASON COUNTY COMMISSIONERS MAY 23, 2019 C EMVE SPECIAL OCCASION #: 094185 +' MAY 2 8 2019 TAHUYA COMMUNITY CLUB j PO BOX 61 Mason County TAHUYA WA 98588 commissioners DATE: JULY 6, 2019 TIME: 10 AM TO 6 PM AUGUST 24, 2019 PLACE: TAHUYA FIRE STATION 81 PARKING LOT (ENCLOSED) - 14880 NE NORTH SHORE RD, TAHUYA CONTACT: KIMBERLY DODD (DOB 9.14.1957) 206-240-4502 SPECIAL OCCASION LICENSES * _Licenses to sell beer on a specified date for consumption at a specific place. * _License to sell wine on a specific date for consumption at a specific place. * _Beer/Wine/Spirits in unopened bottle or package in limited quantity for off premise consumption. * _Spirituous liquor by the individual glass for consumption at a specific place. If return of this notice is not received in this office within 20 days from the above date, we will assume you have no objections to the issuance of the license. If additional time is required please advise. 1. Do you approve of applicant? YES NO 2. Do you approve of location? YES NO 3. If you disapprove and the Board contemplates issuing a license, do you want a hearing before final action is taken? YES NO OPTIONAL CHECK LIST EXPLANATION YES NO LAW ENFORCEMENT YES NO HEALTH & SANITATION YES NO FIRE, BUILDING, ZONING YES NO OTHER: YES NO If you have indicated disapproval of the applicant, location or both, please submit a statement of all facts upon which such objections are based. DATE SIGNATURE OF MAYOR, CITY MANAGER, COUNTY COMMISSIONERS OR DESIGNEE V cc: CMMRS Neatherlin, Shutty&Trask Clerk kiECEIVELP From: Diane toren MAY 2 9 2019 To: Jennifer Giraldes Date: 5/29/2019 3:47 PM Mason County Subject: Fwd: Question Received from the Mason County Website - Commissioners Please print this email and list in correspondence for June 4 Commission meeting - I have forwarded to the Commissioners. Thanks >>> Sharon Trask<strask(cDco.mason.wa.us> 5/29/2019 12:43 PM >>> FyiSent from my Verizon, Samsung Galaxy smartphone<div> </div><div> </div><1--originalMessage --><div>-------- Original message --------</div><div>From: "<herb.larson(cDlive.com>" <herb.larson@live.com> </div><div>Date: 5/28/19 7:49 PM (GMT-08:00) </div><div>To: Sharon Trask <STrask .co.mason.wa.us> </div><div>Subject: Question Received from the Mason County Website - </div><div> </div> >>> "<herb.larson(a)live.com>" <herb.larson(cD-live.com> 05/28/2019 19:49 >>> From: Herbert W Larson Dept Sent To: Commissioner Dist 3 Message: On 11 June at the regular commissioners meeting there is scheduled to be discussion concerning the formation of LIVID#3 for Spencer Lake. I plan to be at the meeting to address what I feel is a problem with the proposed funding of the LIVID. Below is a point paper I have developed in support of my position. I am forwarding it on prior to the meeting so that the commission can have time to review it. Thank you. If necessary a word file can be sent. Board of Mason County Commissioners Items concerning the creation of Lake Management District No. 3 (LIVID# 3) for Spencer Lake per adopted Resolution of Intention No. 37-19. 1. First, I must state that I am in full support of the formation of LIVID#3 and would like to see it implemented. 2. 1 have reservations on the proposed funding of the LIVID. a. As currently proposed in the petition that was adopted in Resolution of Intention No. 37-19 the method of funding is based on 23 cents of total appraised value of those taxable properties having lake front footage. i. I don't feel that this method meets with the intent of RCW 36.61.160 with regards to fairly reflecting the special benefit that will be derived from the formation of the LIVID. ii. The current proposal would place an assessment based on the total appraised value of the taxable property. As such those properties without any improvements would be assessed on the land value only, whereas those with improvements would be assessed on both land and improvements. 1. The only reason given for using total appraised value is that other lake management districts have used it 2. While this may be good for others it doesn't appear to work for Spencer Lake and meet the intent of the RCW iii. While land value could receive a special benefit (financial) by the formation of LIVID i.e. increased value, improvements would not receive such benefits. iv. Currently approximately 20% of the effected properties within the proposed LIVID have no improvements associated with the property. 1. As such they are only being assessed on the land value 2. Those properties with improvements are in effect being assessed on a different valuation than those without improvements a. This is not a fair and equitable assessment v. RCW 36.61.160 suggest using measurements such as footage as the basis for the assessment. The problem with using straight footage is that it doesn't consider the usage of the land i.e. forest land vs developed property, which again would seem to be unfair. b. I propose that the funding for LIVID#3 be based on the fair market value of the land as determined by the Mason County Assessor. i. By using the land without improvements as the method all properties would be assessed on the item which would receive the special benefit. ii. Structures or other improvements, which would not receive any special benefit would not be assessed. iii. This method would also take into consideration the designated land use of each property as determined by the Mason County Assessor. c. I propose funding the LIVID using 60 cents per thousand of land market value as deemed by the Mason County Assessor. i. All properties would be assessed based on the same type of valuation vice two different methods. ii. The proposal as adopted in resolution 37-19 estimated that the LMD would raise $13,996 for 2020. The alternate proposal of using the land value with a 60 cent per thousand valuation would generate approximately $14,320. 1. This would be an estimated $320 more per year d. Funding comparisons i. 0.23 per thousand of total appraised value (petition proposal) 1. Lowest assessment$5.31; a. land value = $23,100 b. improvements = $0.00 c. total appraisal = $23,100 d. with 100' frontage 2. Highest assessment$307; a. land value = $231,580 b. improvements = $1,107,505 c. total appraisal = $1,339,085 d. with 550' frontage ii. 0.60 per thousand of land market value 1. Lowest assessment$13.86; a. land value = $23,100 b. improvements = $0.00 c. total appraisal = $23,100 d. with 100' frontage 2. Highest assessment$173.45; a. land value = $289,080 b. improvements = $80,600 c. total appraisal = $369,680 d. with 126.66' frontage iii. The lowest assessment would only increase by $8.25, while the highest would decrease by $133.55 1. Overall the average assessment would be almost the same a. $0.23 = $78.21 b. $0.60 = $79.56 2. Using the assessment based on land value would share the total revenue for the LIVID more equally among the group members 3. Conclusion, consideration should be given to the approval of LIVID#3 with the funding to be based on $0.60 per thousand of the fair market value of the land. Herbert W Larson Parcel Number 22132-11-00020 NEWS RELEASE June 4, 2019 MASON COUNTY COMMISSIONERS' OFFICE 411 N 5T" ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Temporary Closure of Union Park for Dead Tree Removal Mason County will be temporarily closing part of Union Park, located at 61 E Port Townsend Street, Union for one day in order to remove several dead trees. Union Park play area will be closed to the public on Tuesday, June 11, 2019 and will reopen on Wednesday, June 12, 2019. This will allow the contractor and County Parks and Trails staff adequate time to log and remove down timber. Citizen's safety is the top priority for the County and we would appreciate compliance with the temporary park closure and ask all residents to avoid entering the park. For further information please contact the Mason County Parks and Trails Office at (360) 427-9670 extension 535. BOARD OF MASON COUNTY COMMISSIONERS Kevin Shutty Randy Neatherlin Sharon Trask Chair Commissioner Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: David Windom Action Agenda _X_ Public Hearing Other DEPARTMENT: Community Services EXT: 260 COMMISSION MEETING DATE: June 4, 2019 Agenda Item # g Commissioner staff to complete) BRIEFING DATE: BOH Meeting 5/28/19 BRIEFING PRESENTED BY: David Windom [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD . Please provide explanation of urgency: ITEM: Approval of new Health Officer Contract Background: With the retirement of Mason County Public Health's Health on May 29, 2019, a new health officer has been appointed by the Mason County Board of Health. RECOMMENDED ACTION: Approval of the Professional Services Contract for new Mason County Health Officer. Attachment(s): New Health Officer Contract C:\Users\dwindom\Documents\GroupWise\CA HO contract 6-4-19.doc MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT ID This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Daniel E. Stein, hereinafter referred to as"CONTRACTOR." Contracted Entity Daniel E. Stein, MD Address 2415 Woodfield Loop Southeast City, State, Zip Code Olympia, WA 98501 Phone 651-592-1795 Primary Contact: Name, Title Daniel E. Stein, MD Primary Contact: E-mail Danie[EStein@gmail.com Special Conditions Funding Source: County Expense through Community Services budget. General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Extension: The duration of this CONTRACT shall begin on date signed and shall continue in effect until terminated by either party with (6) days written notice of such termination. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer-employee. All payments made here under and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Daw 5/29/2019 J Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements,judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit A ". Where Exhibit "A" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "A," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "A" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "A" Daw 5/29/2019 Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential..Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, Daw 5/29/2019 religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to ensure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Work Product: CONTRACTOR will provide COUNTY with all work product including; plans, data reports, prior to the release of the final payment for services. Patent/Copyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: Daw 5/29/2019 A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: Activities by the health officer authorized under this CONTRACT and conducted within the scope of work as herein provided are covered under the county insurance pool. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated Daw 5/29/2019 elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. Daw 5/29/2019 The Administrative Officer for purposes of this CONTRACT is: David Windom Mason County Community Services Director 415 N. 6th Street Phone: 360-427-9670 Ext. 260 Fax: 360-427-7787 E-mail: LydiaB@co.mason.wa.us Financial Contact: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb@co.mason.wa.us Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled Daw 5/29/2019 to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer of COUNTY, or (2)the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or Daw 5/29/2019 judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Exhibit B Insurance Requirements D. Special Conditions E. General Conditions F. Exhibits A Scope of Service Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes_any prior oral statements, discussions or understandings between the parties. Daw 5/29/2019 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year written below. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Daniel E. Stein, MD Kevin Shutty, Commissioner Chair Dated Randi Neatherlin, Commissioner Sharon Trask, Commissioner ATTEST: Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead Chief Deputy Prosecuting Attorney Daw 5/29/2019 EXHIBIT A SCOPE OF SERVICES & COMPENSATION Contractor's responsibilities Working in collaboration with the Community Services Director, and Mason County Board of Health, the health officer responsibilities include the enforcement of local and state public health laws, serving as the chief medical officer for the local health jurisdiction with responsibility for the control and prevention of disease. The health officer enforces the public health statutes of the state and the rules promulgated by the State Board of Health and the Secretary of Health. The position is a contracted position for 0.2 FTE (8 hours weekly) and on-call via phone or email 24/7 for consultation and staff guidance. The Health Officer may provide similar services to other local health jurisdictions under shared services agreement(s) between Mason County Public Health and those local health jurisdiction(s). Under policy direction from the local Board(s) of Health, the Health Officer is responsible for and empowered to enforce the provisions of RCW 70.05.070, RCW 70.58.020 and other applicable state laws. Duties require innovative leadership and active collaboration with a wide range of strategic partners and stakeholders to address public health issues in a rapidly changing environment. The Health Officer provides medically accurate, scientifically proven advice or guidance to the Board of Health, the Director, agency staff, the local medical community, internal and/or external advisory counsel(s), local, state, tribal and federal public health partners, the media, and the public. Additionally, the Health Officer is required to help identify priorities and emerging trends, communicate health data and information in a variety of settings, and assist with planning for and response to bioterrorism and other public health emergencies. In coordination with communications personnel, the Health Officer will often act as spokesperson and media contact for the local health jurisdiction. The Health Officer is also expected to work closely and communicate regularly with the medical community and other community groups to build credibility for public health. Director and Board of Health provide direction in terms of broadly defined missions, functions and policy direction. Candidate has total responsibility for their work. Results of work are considered to be technically authoritative and are normally accepted without significant change. Work may be reviewed for fulfillment of provisions set forth under state law for local health officers, as well as organizational and policy objectives, effect/advice, influence, and contribution to meeting the community's needs. Essential Job Functions • Provides medical/clinical oversight in the investigation of community concerns, reported or suspected cases or perceived clusters of diseases or conditions considered a threat to public health. • Provides medical/clinical oversight in the investigation of reported or suspected cases or perceived clusters of communicable (infectious) diseases or conditions considered a threat to public health. Determines appropriate action including initiating disease prevention and infection control. Provides professional and technical assistance and/or direction in surveillance activities, unusual or particularly sensitive cases. • Develops and issues time-sensitive Health Officer Orders and enforces public health statutes, rules and regulations of the State Board of Health and State Department of Health Daw 5/29/2019 and local health rules, regulations and ordinances. Emphasis is on communicable disease control and environmental health. • Provides guidance on infectious diseases with community physicians and medical providers, infection control practitioners, agency staff and other providers for the purpose of enhancing surveillance of communicable disease and optimizing timely response. • Develops and issues public health advisories to medical providers, hospitals, community agencies, and the public. • Serves as the Local Registrar for registering births and deaths in Mason County. • Designs, performs and/or oversees studies of potential threats to public health and presents findings and recommendations to the Board of Health. • Identifies emerging medical and environmental issues and confers with and makes recommendations to appropriate staff on health-related issues. • Participates in assessing the health status of the community. Provides oversight on comprehensive studies of potentially systemic threats to public health; researches, analyzes, compiles, prepares and presents conclusions, reports and recommended actions. Evaluates the causes of communicable diseases; determines appropriate evaluation and intervention strategies. • Participates in the regular and systematic review of unexpected deaths among infants and children and actively participates to identify risk factors and preventive strategies. • Writes, reviews, and/or revises standing orders and protocols and provides advice for clinical services such as tuberculosis treatment. • Participates in administrative appeals regarding environmental health permit denials. • Provides medical direction during public health emergencies; assures public is protected from diseases; assures isolation, quarantine and other control measures are ordered and implemented in accordance with state RCWs and WACs. • Acts as a visible public voice in the community for sound medical practices, emerging infectious diseases, emergency preparedness, and local public health policy, and promotes optimum public health/preventive efforts through presentations to professional, civic and lay groups. • In close coordination with the Board and the Administrator, works with legislators, interest groups (e.g., Washington State Medical Association), and others on regulatory and financial initiatives. • Performs other duties as assigned. Compensation: 1. Agreement Amounts The contracted agreed upon amount is $3,380 per month or$40,560 per year. 2. Requests for Payment: A. At a minimum a monthly invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; invoice total; and any additional applicable information. B. Submit via e-mail or hard copy as preferred to: Casey Bingham, Finance Manager caseyb(a)co.mason.wa.us C. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice. Daw 5/29/2019 MASON COUNTY PROFESSIONAL SERVICES CONTRACT CONTRACT ID This CONTRACT is made and entered into by and between Mason County, hereinafter referred to as "COUNTY" and Daniel E. Stein, hereinafter referred to as"CONTRACTOR." Contracted Entity Daniel E. Stein, MD Address 2415 Woodfield Loop Southeast City, State, Zip Code Olympia, WA 98501 Phone 651-592-1795 Primary Contact: Name, Title Daniel E. Stein, MD Primary Contact: E-mail DanielEStein@gmail.com Special Conditions Funding Source: County Expense through Community Services budget. General Conditions Scope of Services: CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as identified in "Exhibit A Scope-of-Services," during the CONTRACT period. No material, labor or facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT. Term: Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be performed at the expense of CONTRACTOR and are not compensable under this CONTRACT unless both parties hereto agree to such provision in writing. The term of this CONTRACT may be extended by mutual consent of the parties; provided, however, that the CONTRACT is in writing and signed by both parties Extension: The duration of this CONTRACT shall begin on date signed and shall continue in effect until terminated by either party with (6) days written notice of such termination. Independent Contractor: CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent contractor, and nothing herein contained shall be construed to create a.relationship of employer-employee. All payments made here under and all services performed shall be made and performed pursuant to this CONTRACT by the CONTRACTOR as an independent contractor. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than COUNTY, will report all income and expense accrued under this CONTRACT to the Internal Revenue Service, and has a tax account with the State of Washington Department of Daw 5/29/2019 Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. Taxes: CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this CONTRACT. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which COUNTY does not hold title. COUNTY is exempt from Federal Excise Tax. No Guarantee of Employment: The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee of any sub-contractor by COUNTY at the present time or in the future. Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set forth in "Exhibit A ". Where Exhibit "A" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "A," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Acceptable invoices will be processed within 30 days of receipt. Unless specifically stated in Exhibit "A" or approved in writing in advance by the official executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the "Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where required, COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "A" Daw 5/29/2019 Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than ten (10) days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this CONTRACT. COUNTY may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the CONTRACT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by COUNTY under this clause. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. Assignment and Subcontracting: The performance of all activities contemplated by this CONTRACT shall be accomplished by CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of COUNTY. Conflict of Interest: If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR or any of its employees involved in the performance of this CONTRACT shall have or develop an interest in the subject matter of this CONTRACT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an informed judgment as to whether or not COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also terminate this CONTRACT according to the provisions herein for termination. Non-Discrimination in Employment: COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, Daw 5/29/2019 religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which CONTRACTOR is governed by such laws, CONTRACTOR shall take affirmative action to ensure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any sub-contractor, provided that the foregoing provision shall not apply to contracts or sub-contractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. Non-Discrimination in Client Services: CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this CONTRACT; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this CONTRACT; or deny an individual or business an opportunity to participate in any program provided by this CONTRACT. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to COUNTY. Work Product: CONTRACTOR will provide COUNTY with all work product including; plans, data reports, prior to the release of the final payment for services. PatenVCopyright Infringement: CONTRACTOR will defend and indemnify COUNTY from any claimed action, cause or demand brought against COUNTY, to the extent such action is based on the claim that information supplied by the CONTRACTOR infringes any patent or copyright. CONTRACTOR will pay those costs and damages attributable to any such claims that are finally awarded against COUNTY in any action. Such defense and payments are conditioned upon the following: Daw 5/29/2019 A. CONTRACTOR shall be notified promptly in writing by COUNTY of any notice of such claim. B. CONTRACTOR shall have the right, hereunder, at its option and expense, to obtain for COUNTY the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to COUNTY. Confidentiality: CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in performance of this CONTRACT, except upon the prior written consent of COUNTY or an order entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. Right to Review: This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and any and all communications with or evaluations by service recipients under this CONTRACT. CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this CONTRACT for six (6) years after CONTRACT termination, and shall make them available for such review, within Mason County, State of Washington, upon request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this CONTRACT. If no advance notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative Officer as soon as it is practical. Insurance Requirements: Activities by the health officer authorized under this CONTRACT.and conducted within the scope of work as herein provided are covered under the county insurance pool. Industrial Insurance Waiver: With respect to the performance of this CONTRACT and as to claims against COUNTY, its officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is mutually negotiated by the parties to this CONTRACT. CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from CONTRACTOR concerning this CONTRACT shall be binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this CONTRACT, whether or not incorporated Daw 5/29/2019 elsewhere herein by.reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties. Defense and Indemnity Contract: Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting there from) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been mutually negotiated by the parties. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this CONTRACT. Indemnity by Subcontractors. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this CONTRACT, CONTRACTOR's subcontractors shall indemnify COUNTY on a basis equal to or exceeding CONTRACTOR's indemnity obligations to COUNTY. Compliance with Applicable Laws, Rules and Regulations: This CONTRACT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, political subdivisions of the State of Washington and Mason County. CONTRACTOR also agrees to comply with applicable Federal, State, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. Administration Contract: COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County's Community Services Director and his or her designee, as COUNTY's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this CONTRACT, including COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this CONTRACT. Daw 5/29/2019 The Administrative Officer for purposes of this CONTRACT is: David Windom Mason County Community Services Director 415 N. 6th Street Phone: 360-427-9670 Ext. 260 Fax: 360-427-7787 E-mail: LydiaB@co.mason.wa.us Financial Contact: Casey Bingham, Finance Manager Mason County Public Health and Human Services 415 N. 6th Street Phone: 360-427-9670 Ext. 562 Fax: 360-427-7787 E-mail: caseyb@co.mason.wa.us Notice: Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT except service of process, notice shall be given by CONTRACTOR to COUNTY's Administrative Officer under this CONTRACT. Notices and other communication may be conducted via e-mail, U.S. mail, fax, hand-delivery or other generally accepted manner including delivery services. Modifications: Either party may request changes in the CONTRACT. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Termination for Default: If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain performance of the work elsewhere. If the CONTRACT is terminated for default, CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT until all work called for has been fully performed. Any extra cost or damage to COUNTY resulting from such default(s) shall be deducted from any money due or coming due to CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by COUNTY by reason of such default. If a notice of termination for default has been issued and it is later determined for any reason that CONTRACTOR was not in default, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the Termination for Public Convenience paragraph hereof. Termination for Public Convenience: COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in its sole discretion, that such termination is in the interests of COUNTY. Whenever the CONTRACT is terminated in accordance with this paragraph, CONTRACTOR shall be entitled Daw 5/29/2019 to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. An equitable adjustment in the CONTRACT price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of CONTRACT by COUNTY. Termination for Reduced Funding: COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its sole discretion, that such termination is necessary due to a decrease in available project funding including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation. Disputes: 1. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. For objections that are not made in the manner specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. 2. The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for(1) any act or failure to act by the Administrative Officer of COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. 3. The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has given COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this CONTRACT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or Daw 5/29/2019 judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party ' made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue for which arbitration is commenced, regardless of the date of discovery or whether the claim, dispute or issue was continuing in nature. Claims, disputes or issues arising more than six (6) years prior to a written request or demand for arbitration issued under this Agreement are not subject to arbitration. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of the State of Washington and Mason County. Unless otherwise specified herein, this CONTRACT shall be governed by the laws of Mason County and the State of Washington. Severability: If any term or condition of this CONTRACT or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this CONTRACT are declared severable. Waiver: Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this CONTRACT shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall be and remain in full force and effect. Order of Precedence: A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office of Management and Budget (OMB) circulars and federal and state executive orders. B. Funding source agreement(s) including attachments C. Exhibit B Insurance Requirements D. Special Conditions E. General Conditions F. Exhibits A Scope of Service Entire Contract: This written CONTRACT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire CONTRACT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Daw 5/29/2019 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as of the date and year written below. CONTRACTOR BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Daniel E. Stein, MD Kevin Shutty, Commissioner Chair Dated Randi Neatherlin, Commissioner Sharon Trask, Commissioner ATTEST: Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead Chief Deputy Prosecuting Attorney Daw 5/29/2019 EXHIBIT A SCOPE OF SERVICES & COMPENSATION Contractor's responsibilities Working in collaboration with the Community Services Director, and Mason County Board of Health, the health officer responsibilities include the enforcement of local and state public health laws, serving as the chief medical officer for the local health jurisdiction with responsibility for the control and prevention of disease. The health officer enforces the public health statutes of the state and the rules promulgated by the State Board of Health and the Secretary of Health. The position is a contracted position for 0.2 FTE (8 hours weekly) and on-call via phone or email 24/7 for consultation and staff guidance. The Health Officer may provide similar services to other local health jurisdictions under shared services agreement(s) between Mason County Public Health and those local health jurisdiction(s). Under policy direction from the local Board(s) of Health, the Health Officer is responsible for and empowered to enforce the provisions of RCW 70.05.070, RCW 70.58.020 and other applicable state laws. Duties require innovative leadership and active collaboration with a wide range of strategic partners and stakeholders to address public health issues in a rapidly changing environment. The Health Officer provides medically accurate, scientifically proven advice or guidance to the Board of Health, the Director, agency staff, the local medical community, internal and/or external advisory counsel(s), local, state, tribal and federal public health partners, the media, and the public. Additionally, the Health Officer is required to help identify priorities and emerging trends, communicate health data and information in a variety of settings, and assist with planning for and response to bioterrorism and other public health emergencies. In coordination with communications personnel, the Health Officer will often act as spokesperson and media contact for the local health jurisdiction. The Health Officer is also expected to work closely and communicate regularly with the medical community and other community groups to build credibility for public health. Director and Board of Health provide direction in terms of broadly defined missions, functions and policy direction. Candidate has total responsibility for their work. Results of work are considered to be technically authoritative and are normally accepted without significant change. Work may be reviewed for fulfillment of provisions set forth under state law for local health officers, as well as organizational and policy objectives, effect/advice, influence, and contribution to meeting the community's needs. Essential Job Functions • Provides medical/clinical oversight in the investigation of community concerns, reported or suspected cases or perceived clusters of diseases or conditions considered a threat to public health. • Provides medical/clinical oversight in the investigation of reported or suspected cases or perceived clusters of communicable (infectious) diseases or conditions considered a threat to public health. Determines appropriate action including initiating disease prevention and infection control. Provides professional and technical assistance and/or direction in surveillance activities, unusual or particularly sensitive cases. • Develops and issues time-sensitive Health Officer Orders and enforces public health statutes, rules and regulations of the State Board of Health and State Department of Health Daw 5/29/2019 and local health rules, regulations and ordinances. Emphasis is on communicable disease control and environmental health. • Provides guidance on infectious diseases with community physicians and medical providers, infection control practitioners, agency staff and other providers for the purpose of enhancing surveillance of communicable disease and optimizing timely response. • Develops and issues public health advisories to medical providers, hospitals, community agencies, and the public. • Serves as the Local Registrar for registering births and deaths in Mason County. • Designs, performs and/or oversees studies of potential threats to public health and presents findings and recommendations to the Board of Health. • Identifies emerging medical and environmental issues and confers with and makes recommendations to appropriate staff on health-related issues. • Participates in assessing the health status of the community. Provides oversight on comprehensive studies of potentially systemic threats to public health; researches, analyzes, compiles, prepares and presents conclusions, reports and recommended actions. Evaluates the causes of communicable diseases; determines appropriate evaluation and intervention strategies. • Participates in the regular and systematic review of unexpected deaths among infants and children and actively participates to identify risk factors and preventive strategies. • Writes, reviews, and/or revises standing orders and protocols and provides advice for clinical services such as tuberculosis treatment. • Participates in administrative appeals regarding environmental health permit denials. • Provides medical direction during public health emergencies; assures public is protected from diseases; assures isolation, quarantine and other control measures are ordered and implemented in accordance with state RCWs and WACs. • Acts as a visible public voice in the community for sound medical practices, emerging infectious diseases, emergency preparedness, and local public health policy, and promotes optimum public health/preventive efforts through presentations to professional, civic and lay groups. • In close coordination with the Board and the Administrator, works with legislators, interest groups (e.g., Washington State Medical Association), and others on regulatory and financial initiatives. • Performs other duties as assigned. Compensation: 1. Agreement Amounts The contracted agreed upon amount is $3,380 per month or$40,560 per year. 2. Requests for Payment: A. At a minimum a monthly invoice is to include: performance period; date of submission; CONTRACTOR's name, remittance address and phone number; invoice total; and any additional applicable information. B. Submit via e-mail or hard copy as preferred to: Casey Bingham, Finance Manager caseybCcDco.mason.wa.us C. Payment will be made to CONTRACTOR within thirty (30) days of the receipt of a complete and accurate invoice. Daw 5/29/2019 C 1cr 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: June 4, 2019 Agenda Item # $ 2 (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 8064388-8064653 $ 907,247.21 Direct Deposit Fund Warrant #s 59083-59474 $ 701,067.70 Salary Clearing Fund Warrant #s 7004440-7004466 $ 488,657.63 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 $ 9,937,725.23 Direct Deposit YTD Total $ 6,796,822.26 Salary Clearing YTD Total $ 7,097,597.42 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 8064388-8064653 $ 907,247.21 Direct Deposit Fund Warrant #s 59083-59474 $ 701,067.70 Salary Clearing Fund Warrant #s 7004440-7004466 $ 488,657.63 Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of the Board) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Loretta Swanson, Interim Deputy Director Action Agenda DEPARTMENT: Public Works — U&W Management EXT: 450 COMMISSION MEETING DATE: June 4, 2019 Agenda Item # BRIEFING DATE: June 3, 2019 BRIEFING PRESENTED BY: Loretta Swanson/Merrilee Kenyon [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Ecology Local Solid Waste Funding Assistance (LSWFA) Grant Application BACKGROUND: The 2019-21 state capital budget included funding for Local Solid Waste Funding Assistance (LSWFA) grants through the Department of Ecology. Mason County was allocated $183,748 over the 7/1/19 — 6/30/21 biennium which includes $56,382 for solid waste enforcement and $127,366 for planning and implementation. Application for funds must be made by June 7, 2019. The purpose of Local Solid Waste Financial Assistance (LSWFA) is to: • Provide financial assistance for local solid and hazardous waste planning. • Promote regional solutions and intergovernmental cooperation for eligible projects. • Promote efficient implementation of programs contained in local solid and hazardous waste management plans. • Help local governments prevent or minimize environmental contamination through compliance with state and local solid and hazardous waste laws and rules. Mason County Solid Waste uses this grant to offset costs associated with the recycling and household hazardous waste programs. These programs are free of charge to residents. Fund #402 budget pays vendors to dispose of HHW and recycling materials and then the county is reimbursed by Ecology. The $127,366 grant represents a reimbursement of about 30% of the expenses Mason County will incur during the two-year period. The remaining costs are covered by solid waste tipping fees. BUDGET IMPACTS: This grant reduces the ratepayer cost to carry out the County's current household hazardous waste disposal and recycling operations. It does not encumber the County to participate in any programs that are not already budgeted and in operation. RECOMMENDED ACTION: Approve submittal of the 2019 — 2021 LSWFA grant application to the Department of Ecology and authorize the Public Works Director and/or Deputy Director/Utilities and Waste Management to sign the necessary agreements. Attachments: Grant Questionnaire Application Mason County GRANT QUESTIONNAIRE Date: Office/Department: Public Works Contact Person: Merrilee Kenyon 1) Name of Grant/Program 2019-2021 Ecology Local Solid Waste Funding Application 2) New Grant ® Renewing Grant U Term (# of years) 2 3) Is the grant unchanged, and does not require Current Expense funding? Y X N 4) How will this grant benefit the County's citizens? Grant funds will be used to support the Household Hazardous Waste(HHW)and recycling programs at Mason County solid waste facilities in Shelton, Union, Hoodsport, and Belfair. Funds will go toward paying vendors that the County uses to dispose of HHW and recycling materials. 5) Is this a program grant or an equipment grant? This is a solid waste program implementation grant. 6) Is this a "one-time only grant" or is it renewable? If renewable, how long is grant anticipated to last? It is not renewable but Mason County has regularly received funding in previous state budgets. 7) If this is a new grant how will the grant support a current program OR how will the program change? This grant will support the HHW and recycling portions of the County Solid Waste Program It will not change current operations.only provide fundina support for existing operations. 8) Does this grant require up front funds? Y X N If so, what is the source of the up-front funds needed to cover costs prior to initial and continuing reimbursements being received? HHW and recycling expenses are paid for out of Fund#402 budget and then reimbursed by Ecology. The Fcology grant has traditionally covered —30%of the County's HHW and recycling costs over the 2 year period.The remaining expenses are paid for by solid waste tipping fees. 9) How many employees (new or current) will be paid by the grant? N o C o a. If this grant requires new hire(s) and grant ends, how will unemployment costs be funded? Page 1 rev. 3-11 10) Will the grant require matching funds; i.e., in-kind, cash, Employment Security, Social Security, FICA, PERS, etc? Y X N If so, what? The grant requires a 25% match from the County Since the grant only covers 30%of our actual costs for operations, our match will be much larger than the required minimum. 11) Would the grant allow for an annual COLA in salary, increase in medical insurance premiums or increases in any personnel benefits?Y N/A 12) What fund would support a cash match (if required)? Solid Waste Fund#402 13) If required what is the TOTAL cost of the match over the life of the grant? $42,455 14) What fund would support the administration of the grant?Solid Waste Fund#402 15) Will the grant allow for the County cost allocation plan to be funded? Y X 16) Would the grant require the county to provide office space and/or additional equipment to administer the program? If so, what are the requirements? No 17) Would the program require use of a county vehicle or personal vehicle? Y N X 18) If so, would the grant provide for the cost of the automobile and/or liability insurance? Y N 19) Would the grant require activities by other county offices/departments? (i.e. legal review, technology services assistance, new BARS numbers.) Y X N If so, what activities? The final agreement will need to be reviewed and approved by the Deputy Prosecuting Attorney. 20) Would acceptance and completion of the grant project in any way OBLIGATE the County to create/enact new ordinance or policies?Y N X _ If so, what obligations? 21) Does this grant project include any activities that may fall outside the county's standard policies (personnel policies on travel, hours of work, training required, reimbursement for meeting refreshments, paying for meeting space, etc.?) No Page 2 rev. 3-11 22) Will outside consultants be solicited to work on the grant and if so, is a process in place for appropriate selection and oversight of consultant activities?Y N X If so, what is the funding source for consultant fees? 23) For a program grant, how would the program be funded after the grant expires? (It should be understood that once grant funding ends, either the program ceases OR the funding for the program needs to be absorbed within the department's or office's existing budget) OR justification must be provided that the program has been and will continue to save or benefit taxpayers. Most of the program is suppnrted by tipping fees nnw If state funding recces in the future tipping ct fees may need to be increased to cover the costs that are now reimbursed by Ecology. 24) Please provide (attached to questionnaire) a synopsis of the grant or a copy of the fact sheet. Please feel free to submit additional information as needed. Official signature of r uesting office/department: /30 Asmn 0.3/2d/ 9 Elected Official epartment Head Date Approved by: Chair, Board of County Commissioners Date Page 3 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑ Public Hearing ❑x Other ❑ Department: Community Services Ext: 286 Date: June 4, 2019 Agenda Item # /O. (Commissioner Staff To Com fete) Briefing Date: May 6, 2019 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing June 4, zoig at 9:s5 a.m.to consider a rezone request for 3o 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). Request is considered an amendment to the Development Regulations and is not a change to the Comprehensive Plan. The Planning Advisory Commission held a public hearing to consider the rezone request on April 15, 2019. They recommended approval of the rezone to the BOCC RECOMMENDED ACTION: Board of County Commissioners shall approve the rezone request of nearly 3o acres from RR5 to RTC. ATTACHMENT(S): Staff Report(with attachments) Ordinance 5/20/2019 Page I June 4,2019 REQUEST FOR REZONE APPLICANT PROPOSAL - PROPOSED REZONE OF 29.09 ACRES FROM RURAL RESIDENTIAL 5 (RRS) TO RURAL TOURIST CAMPGROUND (RTC) IN THE RURAL AREA OF MASON COUNTY STAFF CONTACT Kell McAboy, Planning Manager Ext#286 APPLICANT PROPERTY OWNER Tim Bailey/EI Kristyn & Son Const. Inc Impact Northwest 36o.4323147 3711 S. SR 27 Ei bailey(a)msn.com Spokane,WA 992o6 SUMMARY OF PROPOSAL Rezone parcels 32035-12-00000 and 3203.5-12-0oo10 from Rural Residential 5 (RRS)to Rural Tourist Campground (RTC). This parcel is in the Rural Area of Mason County. This does not require an amendment to the Future Land Use Map. PARCEL INFORMATION Parcel No. 32035-12-00000: is 24.o9 acres in size and parcel 32035-12-00010 is 5 acres in size. They are located south of and adjacent to Fireweed Rd, and north of and adjacent to Mill Creek. Surrounding property is zoned Rural Residential 5(RRS) ZONING INFORMATION CURRENT ZONING DESIGNATION: RRS Rural Residential 5 The purpose of the RR5 district is to provide for residential development on parcels of 5 acres or more. PROPOSED ZONING DESIGNATION: RTC Rural Tourist Campground The rural tourism(RT)and rural tourist- campground (RTC)districts provide small scale recreational and tourist-related activities in addition to tangential commercial services to tourists and adjacent rural populations. Parcels with this designation that are located within RACs, hamlets, ICIAs, and other areas designated under RCW 36.7oA.070(5)(d)(i)("D1 LAMIRDs")shall be principally designed to serve the existing and projected rural population.The county's primary method of such design is to limit building size, height, and floorto area ratios so that businesses of such size and intensity will ordinarily be oriented towards primarily serving the existing and projected rural population. Isolated LAMIRDs("D2 and D3 LAMIRDs")of a tourist nature are not required to be principally designed to serve the rural population.These isolated commercial LAMIRDs, however,shall protect rural character, which is defined at RCW 36.7oA.030(14), by containing and limiting rural development, by not being in conflict with surrounding uses and by assuring that such development is visually compatible with the surrounding area.The county's Staff Report-BOCCBOCC Page 2 June 4,2019 primary method of achieving such purpose is by providing for buffer yards, limiting the character of rezones, by limiting building size, height, and floor to area ratios in such a way as to be appropriate for the rural areas. Public services and facilities shall not be provided so as to permit low intensity sprawl. BACKGROUND The applicant, on behalf of the property owner, submitted a rezone application and fees to the Permit Assistance Center on December iz, 2o18. The previous owners gifted the property in its entirety to a non-profit (scout group) for primitive shelter skills training, nature training and camping (see letter from Impact Northwest). There is a proposal to build a structure to facilitate training,which is not allowed under the existing Residential zone. ANALYSIS Mason County Code Section 17.o5.o8o(a) describes the eight rezone criteria used to review a rezone proposal. These criterions have been established and adopted specifically for Mason County to establish standards by which each rezone is to be reviewed. The Code requires that each rezone be evaluated considering these standards; however, it does not require that they all be met. Below is staff response to the proposed request: s. Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. This criterion is met as the applicant's proposed rezone of the property will not damage public health, safety or welfare. The proposed rezone allows small scale recreational opportunities and all future development must meet the development standards, including critical area protections, in place at the time of proposal. 2. The zone designation shall be consistent with the Mason County Comprehensive Plan, Development Regulations, and other county ordinances, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. This criterion is met as the requested rezone is consistent with the Comp Plan, Development Regulations, other ordinances and the GMA. The designation is consistent with the character of the nearly 3o-acre property, which is largely encumbered by wetlands,floodplain and Mill Creek. RTC zone is better suited for this property than dividing the property into five (5)five (5)-acre parcels forresidential development. 3. No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity. This criterion is met as the rezone to RTC does not negatively impact resource-based uses and will not contribute to sprawling, low-density development. Staff Report-BOCCBOCC Page 3 June 4,2019 4. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas, including but not limited to streets, parking, utilities,fire protection, police, and schools. The RTC zone will not increase the demand for urban services at this location. 5. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. This criterion is met as the rezone will not interfere with the goal to encourage development in urban areas. The rezone to RTC does not increase residential density, nor allow commercial development at a scale that cannot otherwise be supported by existing rural facilities. 6. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. This criterion is met as the rezone to RTC meets the intent and requirements of RCW 36.7oA.o7o (5)(d)(ii)(iii)and all applicable provisions of the Resource Ordinance and Shoreline Master Program still apply to any proposed future development (including, but not limited to the following: Wetlands, Frequently Flooded Areas and Fish and Wildlife Habitat Conservation Areas). 7. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County Comprehensive Plan. Not applicable. The RTC zone does not contribute to the increase in population, nor create the pressure to increase population growth. 8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. This criterion is not applicable and not being requested as the result of any mapping errors. STATE ENVIRONMENT PROTECTION ACT (SEPA) A SEPA checklist was prepared for this project. A formal SEPA Determinations of Non-Significance was made on March 26, 20-19. Comment period for this determination closed on April 9, 2019. Staff Report-BOCCBOCC Page 4 June 4,2019 PUBLIC NOTIFICATION All property owners within Soo feet of the subject parcel was notified by mail informing them of the proposal to rezone the property. In addition, Public Notice of this public hearing was published in the Mason Shelton Journal on April 4& 11, 2o19 and again on May 23 &30, 2019. The Public Notice was posted onsite on March 29, 2o19 and again on May 15, 2019. PLANNING ADVISORY COMMISSION On April 15, 2019, the Planning Advisory Commission held a public hearing on this proposal. After calling for testimony and deliberation, they first voted down the rezone, but after further deliberation,they made a unanimous decision to recommend approval to the BOCC. PUBLIC COMMENTS Department of Ecology submitted comments during the SEPA comment period related to water quality and resources. SUMMARY AND RECOMMENDATION Staff and the PAC recommend that the Board of County Commissioners approve this rezone. ATTACHMENTS • Application • SEPA DNS and Checklist • Aerial map of property and vicinity • Letter from Impact Northwest(property owner) • Comment letter from Department of Ecology • Notice of Hearing • 6o-Day Notice to Commerce • MCC 17.04.610-617 Rural Tourist—Campground (RTC)regulations Staff Report-BOCCBOCC -DM 20(8 - 00FIZ RECENED Fee: $2,220.00 MASON COUNTY DIEC 1 1 2018 • COMMUNITY SERVIC7- , Alder Street Building,Planning,Environmental Health,Community Health 615 W.Alder St.—Bldg.8,Shelton,WA 98584 Phone:(360)427-9670 ext.352 ♦ Fax:(360)427-7798 APPLICATION FOR AMENDMENT TO: ❑Comprehensive Plan Policy El Development Regulations ❑Future Land Use Map (Comp Plan Amendment) Nzoning Map (Development Regulation Amendment) One application per parcel or contiguous group of parcels. This application does not guarantee approval. You should discuss your proposal with the County Long Range Planner prior to application. Burden is on applicant to show compliance with the Comprehensive Plan or Growth Management Act policies and other planning ordinances. Applicant: /- 1,P iS T-YA.f t- Mailing Address: in k .S _ e . C;zd.Y3 Ocbn C:T. City: 5 k0-L -c)(0 State: tom)A . Zip: C/CJ 0 q Telephone No.: 53620 i-LAL• j3 Parcel Number(s): # .3'•k(3.A5 ► - .7 n one-) Parcel Size and Legal Description: 5g.3n;i i?P w Nxd-0 go t2]A , Z S -V^s Mihai kind of change in Comprehensive Plan Policy, Development Regulation,or Comprehensive Plan Map(Future Land Use/Zoning)is requested? (Attach additional pages, if needed.) Rationale for the Request: (include information on the property features, land use, and maps that will be used in considering your application) (see the f attached information sheet) I F�� /J/`� v�i C e'z,�0 A A4LW '���i/f tri� f�&"� 'Tt}i e W1�[J`c r+-1 fit" I AN-6 4V\b Ai!Lt_ CrQpK' r'(r'YIfl tai Aim /GSc�C� p-im A Lo— SH 'c p r- c' eayt A r YID ki A-r- l OC, 66A C— 00-11 Corn rMC mer Signature and date MASON COUNTY Department of Community Services Planning Division 615 W Alder St, Shelton WA 98584 (360)427-9670 DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-340) SEP2018-00111 Description of Proposal: Proposed rezone from Rural Residential 5 (RR5)to Rural Tourist Campground (RTC) Proponent: Marion & Loretta Sluys Location of Proposal: 580 SE Fireweed Rd Parcel Number: 32035-12-00000 Legal Description: NW% NE % N of Mill Creek S 31/224 Directions to Site: Hwy 3 to Arcadia; Right onto Binns Swiger Loop; Continue onto Fireweed to property on right (south) Lead Agency: MASON COUNTY The Lead Agency for this proposal has determined that it does not have a probably significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c).This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. Please contact Kell Rowen at ext. 286 or krowen@co.mason.wa.us with any questions. This DNS is issued under WAC 197-11-340(2).The Lead Agency will not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to Dept. of Community Development, 615 W Alder St, Shelton WA 98584 by 4/9/2019. Appeal of this determination must be filed within a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. yta Date: 3/26/2019 Authorized Local Government Official SEPA Enviro mental Checklist Mason County Permit Center Use: SEP �� ❑ Single Family DNS: $600.00 11 Other DNS: 0 to 9.99 acres: $730 Parcel#: 32635. 1Z-6o" Oto 20 acres: $880 Date R O er 20 acres: $1100 IIE C E I V E D ❑ DS/EIS: $5000+ $90 per hour DEC 112018 2018 615 W. Alder Street Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: (ire This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. A. BACKGROUND [!-)ego 1. Name of proposed project, if applicable: nei C:AiM�1 S t..� Y-S No n— 2. Name of applicant: .;,ei MAP100 r LO CTA 5L 0 Y,5 Address and phone number of applicant and contact person: Lte(� C1,tyxr„r— 1p ��4 c VVN �3�. L+c=`� t r�res fy,(r i (an �cyas 3 6--"o 4 3,7-- Lt 7 mfd� l7� SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 1 of 11 4. Date checklist prepared: tLie� 5. Agency requesting checklist: ii NtiWsc . Coen 6. Proposed timing or schedule (inclu i g phasing, if applicable): jhelp 'Qta n n 1 v�9 n. 1� l�`i W.c"P.rt v.OJ : 4 ( tS Na 1O%) l 7. Do you have any lans for future additions, expansion, or further activity related to or connected with this proposal? ye , explain. net wQ_ rz, A 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. ine; M<6T- C�C TKe Pit.fv-41 iS 1,,% A FLi C -J Ofr)-k'vl ve- Lv,9-+ iAhc ►4 waS LGAer( ctes ^5 feyf� rK�^� 95 A ZcC,, c{IA- -CAI S r-1 tL 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. ieioz-- 10. List any government approvals or permits that will be eeded for your proposal, if know rye; hM4incluiCov 11. Give brief, complete description of your pr osal, the propos uses and the size of the project and site. There are several questi s later in this checklist thatd k you to describe certain aspects of your proposal. You do ngt need to repeat those answers on this page. (Lead agencies may modify thisformto include additional specific information on project description.) rheic - 2 S-Gz> � (_ f Utlii_` ( tC� i�✓`�4t L T'i�'E- SYS 111 S �T/ A-1 i I C 2�e F-'o-AA Td�r;6i- CQ N,,�rcvv�d '� a t lrn� '�r �;�►i. Je CQ,rrv�,rta�`r,�i sal s 1 1 q X � Jv� -�r�...:►� -eu'r poSeS - uSL bm{ a- Z50 tc-4cc-- 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. heiaj Parcel #(s): .3AOsS i 2 oc)oco Address: 5 F.� �--t('c-, vJ kz k3 � T-C)�1 w A , sF,$`y Legal Description: Twp/Range/Section and/or GPS location: SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2015 Page 2 of 11 B. ENVIRONMENTAL ELEMENTS ij�ewl 1. Earth a. General description of the site ,eL (circle one): Flat, rollin hilly, steep slopes, mountainous, other: b. What is the steepest slope on the site (approximate percent slope)? 1nei c. What general types of soils are found on the site (for example, clay, and rave peat, muck)? If you know the classification of agricultural soils, specify them an note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. Le�I)I d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. )L UO _ i?F 6(_Q— e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. [iie!pl � �� Ar- �c.,r i v5 rood 4 rc. b4x-,1J `-i p l)czP Zc7-+ ypav- _ i tU,eJCC-1 T—O 9✓1401L k Sv'r' C(VA�NvSC j.1 k �,e_A_,LM 10LACE'S f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. meM iVO g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? fn4ip] Z,�cvb Scram t- o#' — Less Au-a � 1°(a. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: L)eip1 q✓-Au,L onQ� isr1vt` r-cAcJ� � c��Cv.�>>�1- L31 A-r- Liu; ,s�/�v4S t Vi �y 1S r1� �hcl v N Cs 47L4 n-/F1— S'r-el)-c- OW i.l f i..tc'sS_A�^v 2. Air a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. c.,*a&x LL i3u►L_O Os ecas r✓`isc Ro.t,/ 6'1Ll b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. IrLeipj p 0K)e__ c. Proposed measures to reduce or control emissions or other impacts to air, if any: Jnel IJ cm-e_ SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 3 of 11 3. Water a. Surface Water: t,( ell 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. rheiol i%&%\l. Cw'.eeK c 5 L_'e/4+eCL t S©0 C-+N 4_L r-®C,T r-et"'.-A ro evPCsee(' &I't to %n� S c{♦C Ti 4er� Ao',-- p Q_--10fa Ci •e+ L,�C1 S AN A^ea,tCl -f-(4C1_ 5u.ctI4 la-ld c.. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described I / waters? If yes, please describe and attach available plans. net- pGStb(•� •btc,-LC( vJC�. L4o.,*(n jvc Zc;L) (,,:siiaL. T—�F �-P i,e>cZ� �9:,CJS G✓lLy 1 K)C--r}c rJ Q_N�- V", (\ C �K . Fu,-�v rrr�rnP�s� 6ut Wwt vol Ll nye� r -bbaF.�b 3) Estimate the amount of fill and dredge material that would be placed in or removed from SG surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. 1hem kXA,1C 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. nei 1 Nd - r:�)o,atoSQ t-s "14t%A C P'"C( Q"sX �S T"i N 5 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. `hem P C&(,l 6_5 - t3 L4c.eo -766 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. ri,eli ,tj b. Ground Water: 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. m,em (_t e S Con 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals. . . ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. k, t--f C__- 13 LcOs tk 4A-x,— -E'-N�-i , b 4`+h%-c.¢'-wt i-0 tri-� 5 -JO 5"VL c. Water runoff(including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. rheipj A tL LAj-A P 6•Sor tic c( �v�r�c� � r c� �1 J1�(:�.c�caL r►���s�,r�S r�.a2r� SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 4 of 11 2) Could waste materials enter ground or surface waters? If so, generally describe. Lam] 00 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. iv() d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: w a.,\,2 - L x Is t-; rks a(INA%)AW�- 01*1 4. Plants Lnpt_] a. Check the types of vegetation found on the site: Lr el�ji _deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other _1�4 shrubs grass pasture crop or grain orchards, vineyards or other permanent crops wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other 4C other types of vegetation b. What kind and amount of vegetation will be removed or altered? [!I :eu.) k Sep-f---c- av,4iti +^rti f eXALL, W ,1 6e- r11CA d- -4� l�,.A o,� -c� 1 c. List threatened and endangered species known to be on or near the site. hf e V n V r)0LO K--- ab ne- Vrus v✓\ d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: iher'l l'U✓1-45-1 — _ q#,4QkL 4-T- t e. List all noxious weeds and invasive species known to be on or near the site. (\o me- 5. Animals a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: (help] birds: hawk, heron, eagle, songbirds, other: mammals:debear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 5 of 11 b. List any threatened and endangered species known to be on or near the site. ht gips A me S-V- v cam, t, K �„ Urt t no cO vL_. c. Is the site part of a migration route? If so, explain. hj_elpj K30 d. Proposed measures to preserve or enhance wildlife, if any: fhelpll OLA--tI4-T- 'I-M-eLJ �-t,� cv�c ,Ld t,15 rU,►-ru Vr,-L e. List any invasive animal species known to be on or near the site. 6. Energy and natural resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Lelpj �1.c�r +cam / pGIZ-A (h t-e- FI nc—�, pCAC4�---.- b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. lhheia> j-)O c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: (hei '7'o He- Cc e�i �tr E3� -.2{G . 7. Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. he!2I " 0 1) Describe any known or possible contamination at the site from present or past uses. bJO411Q— 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. bJC",Jl Q—_ 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. �r y�17 4) Describe special emergency services that might be required. QC"1<-,- SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 6 of 11 5) Proposed measures to reduce or control environmental health hazards, if any: b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? n 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indi- cate what hours noise would come from the site. Jlief 3) Proposed measures to reduce or control noise impacts, if any: L�1 isrTTL� t}2v1Ce- 0nLis6 4- 4Scra, .va 1S 8. Land and shoreline use a. What is the current use of the site and adjacent properties?Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. IgM G u N.4"'E is �_k4LccAsLy LG,ccjc�Ci - -1-+W- c�x y�r�v��#y k4,SC& 1+ g � A L-1N ciIt -r-ra�L - � /ems /-,� ,GC.I a-iv414e b. Has the project site been used as working farmlands or working forest land§? If so, describe. PO How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? &JOLA-p— If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? [meip] + -tom s' �-y r,>�-F �. �✓� � � s f.'�.-c-�crr^� �- Ca'hvC+r� A-19> ro r 1Nvr46A- _ 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: A-)C> c. Describe any structures on the site. 1r d. Will any structures be demolished? If so, what? tii� j UO e. What is the current zoning classification of the site? jneipl F_w_ .1 �SisiC��t�ln�l 0.5 f. What is the curre mprehe t plan designatio of the site?1n SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 7 of 11 g. If applicable, what is the current shoreline master program designation of the site? help "M 1Ito M'Y' -19 k�� maser h. Hasa y part of the sit been classified as a critical area th f� ity o"county? pecify. � � � � � iny i. Approximately how many people would reside or work in the completed project? mein luc�n� �- .c�w��-L( q r�..�a s c;.>�c.�.,l.c,F err�.- � l>© •-r�-k-,��h �x.�f-•T�,cy y�n� j. Approximately how many people would the completed project displace? hem: t'rTy'.4- k. Proposed measures to avoid or reduce displacement impacts, if any: h L. Prop ed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: ,rjemp1k)C A4— -r-*-,5 -t-(„uc-_ iS p (�cI A- L.-.);t m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: 0cANQ— — 1-3css b(-.a-- 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- T income housing. Whelp] N o ki S cX�S t b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. hem t-,-)ckl Q _ c. Proposed measures to reduce or control housing impacts, if any: hem n/,A 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Ltjem : p F :+ H-�St%A-- - C G'_(-Lci h� Z S b. What views in the immediate vicinity would be altered or obstructed?JLg1pJ Oct_ c. Proposed measures to reduce or control aesthetic impacts, if any: ihem Cc 4 rte_ A-= >`G' i1C� c✓✓1 LP.� 11. Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? t_ i 0Cr,A•L-) b. Couldlightor glare from the finished project be a safety hazard or interfere with views? hem V U U G C-t (S t�.y(,�_ U 2c'4�(SL C_� l Gam_ { U`--CS I/ t SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 8 of 11 c. What existing off-site sources of light or glare may affect your proposal? [Lei Cj CSkC2— d. Proposed measures to reduce or control light and glare impacts, if any: [help] QCVAPI 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? he D j, _ b. Would the proposed project displace any existing recreational uses? If so, describe. 1hel ov i d¢.S '�w T-T k V&kt- c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: n( elM AUCs p� 13. Historic and cultural preservation a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site? If so, specifically describe. (heL lJ O b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. ;heirs 1l; p c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. h[ ell 00 VIC__ d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. U CJs¢.___ 14. Transportation a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. heM SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 9 of 11 b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop?Jbei e—S. i/-i. VVL tom— Am,s" c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? [neip� cv CA(".4;-,— d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). ['neip] 00 e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. mei " G f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates?Ihein " iv K 1Qc3..j 4-) esz 1U S -* Z S Ccm, o tZ -i-_ s -- -z-i- or.qb M c r,& —j--k"�:' y W e_,N_-tT4,�cr 13 Q✓-,," 410 5 � g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. K-:) O h. Proposed measures to reduce or control transportation impacts, if any: fneip� KN OM JC)__ — -z t Gv�r.^cif— G 4AA — A f ! rQ !7 4--4— crP, 7-N<-_ CG !2s 4--,r` t=i YPc0-12C('4 15. Public services a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. [help, 1-30 b. Proposed measures to reduce or control direct impacts on public services, if any. It i (l�C, 16. Utilities a. Circle utilities currently available at the site: i,e[pi electricity, natural water refuse service, telephone, sanitary sewe , septic syste other " SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 10 of 11 b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. .� �"S C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Signed: Print Name of Signee: If applicable, Position and Agency/Organization: t-7 �l��� �G-r Date Submitted: / j SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 11 of 11 D. Supplemental sheet for nonproject actions [HELP] 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or reduce such increases are: Not likely. Intent of proposed rezone is to designate property for private recreational use for the purpose of outdoor skills training of youth. 2. How Would the proposal be likely to affect plants, animals, fish, or marine life? Proposed measures to protect or conserve plants, animals, fish, or marine life are: Not likely. 3. How would the proposal be likely to deplete energy or natural resources? Proposed measures to protect or conserve energy and natural resources are: N/A, None 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study)for governmental protection; such as parks,wilderness, wild and scenic rivers,threatened or endangered species habitat, historic or cultural sites,wetlands, floodplains, or prime farmlands? Proposed measures to protect such resources or to avoid or reduce impacts are: The property is currently zoned Rural Residential 5(RR5)and is nearly 25 acres in size, which could accommodate 5 single family residences, each with their own septic systems and exempt-well water supply. This proposed rezone to Rural Tourist Campground(RTC)will prevent future subdivisions and residential use by designating the property for private recreational use to support primitive camping and skills training for youth. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: Not likely. Future proposed structures will be required to meet all applicable setbacks from Mill Creek and wetlands. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Proposed measures to reduce or respond to such demand(s) are: Not likely. None proposed. Traffic increase will be nominal and is not expected to impact current system. 7. Identify, if possible, whether the proposal may conflict with local, state,or federal laws or requirements for the protection of the environment. None. t Mason County WA GIS Web Map f 11/13/2018 9:04:24 AM 1:3,074 0 0.03 0.05 0.1 mi County Boundary --' Unknown 0 0.04 0.08 0.16 km ElTax Parcels(Zoom in to 1:30,000) — Waters with no type designation DNR Water Courses © National Wetlands Inventory(Hyperlinked) Fish DNR Water Bodies Source: Esri, DigitalGlobe,Geo Eye, Earthstar Geographics,CNES/Airbus Non-fish Fish DS,USDA,USGS,AeroGRID,IGN,and the GIS User Community Shorelines of the State Non-fish Mason County WA GIS Web Map Application Earthstar Geographics I Aw 0 a,, 1 0 wax fi 1� 4.40 ' 1 Al •" ' ; �. .... .t :..�My�s ,wy4a. y—.2. �•r al ' " 'r� t H��4 Akland esy Ottik- ' ` . ard s i y�,y atif s F r �,��1,� .r �1• r '�� � 7`�^ 9I�" `w/q`. � r /_ �, ` �88AIVSt�r1`.. r ♦ �'r *� � � a.7, � • -_ ,� �ply *Irj�,.\- •...F_+' +�'. t k 'fay 1 .F ty +. �y --.I_'r ♦ ».r.11,. '°� -•i•/t'-`Lf L� tel'rt PF AL N_ • 'R�: LLl ---�-��• f/ ..A�� � � � 'e - d / i �r � �YJ �Y�it 3rd �,33;i ' r� ' ' 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 s'CArg 0� o � ds �(' oyQ2 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 •Olympia, Washington 98504-7775 •(360)407-6300 711 for Washington Relay Service •Persons with a speech disability can call 877-833-6341 April 9,2019 Kell Rowen, Senior Planner Mason County Department of Community Services,Planning Division PO Box 279 Shelton,WA 98584 Dear Kell Rowen: Thank you for the opportunity to comment on the determination of nonsignificance for the Camp Sluys Project(SEP2018-00111)located at 580 Southeast Fireweed Road as proposed by Marion &Loretta Sluys. The Department of Ecology(Ecology)reviewed the environmental checklist and has the following comment(s): WATER RESOURCES: Opal Smitherman(360)407-6859 RCW 90.94 limits the proposed ground water withdrawal from an individual well to a maximum annual average of 950 gallons per day per connection for indoor and outdoor domestic uses. RCW 90.44.050 still limits the overall withdrawal to 5,000 gallons per day and up to one-half acre lawn or noncommercial irrigation for a project as long as the maximum annual average does not exceed 950 gallons per day per connection. Any use above this level requires a water right permit from Ecology. All water wells shall be constructed in accordance with the provisions of Chapter 173-160 WAC by a driller licensed in the State of Washington. Well reports must be submitted to Ecology within.30 days after completion of a well. All water wells that may be drilled must be a minimum of 100 feet from any known, suspected,or potential source of contamination. Wells shall not be located within 1,000 feet of a solid waste landfill. WAC 173-160-171(1)The proposed water well shall be located where it is not subject to ponding and is not in the floodway,except as provided in Chapter 86.16 RCW. (2)It shall be protected from a one hundred year flood and from any surface or subsurface drainage capable of impairing the quality of the ground water supply. The Growth Management Act(RCW 19.27.097)requires an applicant to submit evidence of an adequate water supply before a building permit can be issued for any building requiring potable water. Kell Rowen, Senior Planner April 9,2019 Page 2 WATER QUALITY/WATERSHED RESOURCES UNIT: Chris Montague-Breakwell(360)407-6364 Erosion control measures must be in place prior to any clearing,grading, or construction. These control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water or stormdrains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered to be pollutants. Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW,Water Pollution Control,and WAC 173-201A,Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. Construction Stormwater General Permit: The following construction activities require coverage under the Construction Stormwater General Permit: 1. Clearing, grading and/or excavation that results in the disturbance of one or more acres and discharges stormwater to surface waters of the State;and 2. Clearing, grading and/or excavation on sites smaller than one acre that are part of a larger common plan of development or sale, if the common plan of development or sale will ultimately disturb one acre or more and discharge stormwater to surface waters of the State. a) This includes forest practices(including,but not limited to,class IV conversions) that are part of a construction activity that will result in the disturbance of one or more acres,and discharge to surface waters of the State; and 3. Any size construction activity discharging stormwater to waters of the State that Ecology: a) ,Determines to be a significant contributor of pollutants to waters of the State of Washington. b) Reasonably expects to cause a violation of any water quality standard. If there are known soil/ground water contaminants present on-site, additional information (including,but not limited to:temporary erosion and'sediment control plans; stormwater pollution prevention plan; list of known contaminants with concentrations and depths found; a site map depicting the sample location(s);and additional studies/reports regarding contaminant(s))will be required to be submitted. You may apply online or obtain an application from Ecology's website at: http://www.ecy.wa.goy/programs/wq/stormwater/construction/-Application. Construction site operators must apply for a permit at least 60 days prior to discharging stormwater from construction activities and must submit it on or before the date of the first public notice. Ecology's comments are based upon information provided by the lead agency. As such,they may not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to carry out the proposed action. Kell Rowen, Senior Planner April 9,2019 Page 3 If you have any questions or would like to respond to these comments,please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office (NILD:201901624) cc: Opal Smitherman, WR Chris Montague-Breakwell,WQ Tim Bailey(Applicant Contact) 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) Department of Commerce Notice of Intent to Adopt Amendment 60 Days Prior to Adoption Indicate one (or both, if applicable): ❑ Comprehensive Plan Amendment ® Development Regulation Amendment Pursuant to RCW 36.70A.106, the following jurisdiction provides notice of intent to adopt a proposed comprehensive plan amendment and/or development regulation amendment under the Growth Management Act. Jurisdiction: Mason County Mailing Address: 615 W. Alder St; Shelton, WA 98584 Date: November 30, 2018 Contact Name: Kell Rowen Title/Position: Planning Manager Phone Number: 360.427.9670 ext. 286 E-mail Address: krowen@co.mason.wa.us Brief Description of the Proposed amendment to rezone a 24.09-acre Proposed/Draft Amendment: parcel from Rural Residential 5 (RR5) to Rural If this draft amendment is provided to Tourist Campground (RTC) in the rural area of supplement an existing 60-day notice Mason County, WA already submitted, then please provide the date the original notice was submitted and the Commerce Material ID number located in your Commerce acknowledgement letter. Is this action part of the scheduled review and update? Yes: GMA requires review every 8 years No: _X_ under RCW 36.70A.130M-L6). Public Hearing Date: Planning Board/Commission: April 15, 2019 Council/County Commission: May 21, 2019 Proposed Adoption Date: May 21, 2019 REQUIRED: Attach or include a copy of the proposed amendment text or document(s). We do not accept a website hyperlink requiring us to retrieve external documents. Jurisdictions must submit the actual document(s) to Commerce. If you experience difficulty, please contact reviewteam(a)-commerce.wa.gov Rev 06/2016 - 50 - 17.04.610 RURAL TOURIST-CAMPGROUND (RTC) 17.04.611 Purpose. (See Section 17.02.047) 17.04.612 Uses Permitted. A.. USES: Overnight lodging facilities,including RV park,and campgrounds; Golf course,retreat centers,and commercial or non-profit recreational activity facilities(such as water parks,bicycle courses, and racquet court sports). B. ACCESSORY USES:Employee housing;motel and bed and breakfast;Marina-sales, service and storage;retail,gas, self storage,restaurant. C. SPECIAL PERMIT REQUIRED USES: Motorized commercial outdoor recreation;and rifle ranges. 17:04.613 Lot Requirements. A. Density and lot size.Dependent on subject property location. B. Lot width and depth.All lots shall have a minimum average width of not less than one-third of the median length and a minimum width at any point of 50 feet;designate limited and safe access(es)to roads. C. Front yard setback. 30 feet for buildings; 10 feet for signs. D. Side and rear yard setbacks. 15 feet for lots contiguous to lots zoned commercial or industrial use; otherwise,25 feet. Buffer plantings required in the first 10 feet of this setback. 17.04.614 Building Regulations. A. Floor Area Ratio. 1:20 in Rural areas,except for fire stations. B. Size. 5,000 sq.ft.maximum or reviewed by RV Park or Special Use Permit. C. Height. Two floors not to exceed 35 feet maximum except for agricultural buildings,cell towers, antennas,or water tanks,or as reviewed by Special Use Permit. 17.04.615 Signs. Signs are limited to: 1)a sign attached to the building with an area not to exceed 10 percent of the area of the-building face,and 2)a detached sign with an area size not to exceed 10 percent of the building face, that is free-standing,and with a height maximum of 25 feet or height of building,whichever is less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.203 are not allowed. 17.04.616 Off-street parking. Off street parking(stall number and arrangement)shall be provided according with the provisions of the Mason County Parking Standards.For bed and breakfasts, 1 stall for each bedroom shall be provided. 17.04.617 Special Provisions. A. Application to RTC uses requires applicant to provide such information:Access to state and county roads;location and size of lot(s);land uses on adjacent properties;potential impacts to existing residential uses;how is proposed use related to recreational and tourist activities and/or to commercial services to tourists and adjacent rural populations. B. RV parks shall comply with the following additional standards: 1. No recreational vehicle shall remain in the RV park for rental purposes or for a time period of more than 120 consecutive days and 180 days in a 360 day period(this standard applies to new occupants at existing mobile home and recreational vehicle parks, and to new mobile home and recreational vehicle parks). The RV park management shall maintain rental records identifying each RV and registered occupant and shall present them to the county on written request.Failure to maintain or to present these records on request shall be sufficient grounds to rescind the RV park permit. 2. The recreational vehicle shall be built on a chassis and self-propelled or permanently towable, and shall not be set up in a RV park as a permanent structure for limited use. C. Additional information, stated in Section 17.05.046,is required for special use permits,to aid in analyzing the request,preparing necessary conditions, and providing consistency with dimensional and performance standards in these and other relevant county regulations. MASON COUNTY DEVELOPMENT REGULATIONS June 2,2009 ORDINANCE NUMBER AMENDMENTTO MASON COUNTY DEVELOPMENT AREAS MAP REZONE FROM RR5 TO RTC ORDINANCE Mason County Development Areas Map (rezone) under the authority of RCW 36.70A. WHEREAS, the Washington State Growth Management Act (RCW 36.70A.130) requires each county, including Mason County, to take legislative action to review and revise its comprehensive plan and development regulations to ensure that the plan and regulations continue to comply with the requirements of the Act; and WHEREAS, the County needs to address certain requests for comprehensive plan and zoning changes to meet the goals and requirements of Chapter 36.70A RCW (Growth Management Act); and WHEREAS, Marion and Loretta Sluys, interest of real property in Mason County known as parcel 32035-12-00000 and 32035-12-00010, has requested a zoning change from Rural Residential 5 (RR5)to Rural Tourist Campground (RTC); and WHEREAS, on April 15, 2019 the Mason County Planning Advisory Commission held a public hearing to consider the amendment and passed a motion to recommend approval of said rezone; and WHEREAS, the Commissioners considered the requested rezone at a duly advertised public hearing on June 4, 2019; and WHEREAS, the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments, testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to the Development Areas Map complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendment to the Mason County Development Areas Map rezoning parcels 32035- 12-00000 and 32035-12-00010 from Rural Residential 5 (RR5) to Rural Tourist Campground (RTC). DATED this day of 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: Kevin Shutty,Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Sharon Trask,Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner z MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑ Public Hearing Q Other ❑ Department: Community Services Ext: 286 Date: June 4, 2019 Agenda Item # (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: Public hearing on June 4, 2019 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 2018. 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, 2019 and again on April 15, 2019.They recommended approval, as amended,to the BOCC. RECOMMENDED ACTION: Board of County Commissioners shall approve the amendments to Title 8,Chapter 8.52 Resource Ordinance. ATTACHMENT(S): Title 8.52 Amendments(Attachment A) Mason Conservation District Staff Report to the PAC Ordinance 07-12 Ordinance 5/20/2019 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 bV the operator as part of the VSP. ISPs are not defined in the VSP statute, and could even take the form of a simple checklist of conservation practices and programs that further the goals of the VSP. Every ISP developed as part of the VSP will count toward the success of the overall program, even if it captures conservation practices already being implemented as long as they were started after the baseline date of July 22, 2011. (4) Baseline Conditions The effective date of the VSP legislation is July 22, 2011.This date identifies the baseline for protecting critical areas functions and maintaining agricultural viability that will be the comparison for determining the success of the Work Plan during implementation. (5) Benefits to Participation The VSP serves as an alternative to the regulatory approach of the GMA by allowing Counties to show protection of critical areas through voluntary stewardship measures. Participating in VSP contributes to its overall success,which means less regulatory burden on Mason County's agriculture operators.At the County level, the VSP provides an opportunity to avoid application of critical area regulations to agricultural activities,while developing a locally-tailored approach to protection of critical areas on agricultural lands. At the individual level, participants receive technical assistance including leveraging existing 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. buffeF complying with a cwrent eenservatien plan that GORfE)FMS With the standa tate agency. r,,.eet seeding „f.,,,,,-.cultLIFe ; not censideFed dove ,)pfflo.,+.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. w Page/3 Amending Title 8, Chapter 8.52 to Incorporate the Voluntary Stewardship Program lzwa MASON CONSERVATION DISTRICT 450 W. Business Park Road • Shelton, WA 98584 Phone: (360) 427-9436 • FAX: (360) 427-4396 www.mosoncd.org Proposed Text Amendments— Mason County Resource Ordinance VOLUNTARY STEWARDSHIP PROGRAM REVISED PLANNING ADVISORY COMMISSION A public hearing was held with the Mason County Planning Advisory Commission on Monday,January 28, 2019 at 6:30 pm. The hearing was to consider proposed text amendments to the County's Resource Ordinance that would provide reference and inclusion of the Voluntary Stewardship Program. Mason County opted into the Voluntary Stewardship Program, or VSP, in December of 2012; however,funding to implement the Program was not available until 2015. In August of 2016 the County entered into an Interlocal Agreement with the Mason Conservation District to serve as Lead Entity responsible for implementing the VSP. Under that Agreement,the District prepared the required VSP Work Plan and received state approval of that Plan in July of 2018. Implementation of that Work Plan is currently underway and in furtherance of that process the Board of County Commissioners has requested amendments to the County's Resource Ordinance. The amendments are to incorporate the VSP into the Code to serve as notification of the County's enrollment in the program and of its role in the protection of critical areas. At the request of the Commissioners, the District prepared proposed text amendments which were presented to the Planning Advisory Commission during the January public hearing. At the conclusion of that hearing, the proposal was tabled until Mach 18, 2019 to allow Planning Commissioners to submit comments and for the District to revise the document. REVISIONS TO PROPOSED AMENDMENTS The original amendments as suggested by the District were quite substantial in terms of their placement throughout the Ordinance. References to the VSP were located in each relevant critical area section along with some additional introductory and conclusory sections. After Planning Commissioner discussion and comments,the amount of VSP references within the document was abbreviated in exchange for a more lengthy focal discussion in a single section. Section edits are as follows: SECTION CHANGES PAGE 8.52.020— PURPOSE The new paragraph was amended to remove mention of the Open 3 Space Tax Program. 8.52.021— This new section has been deleted in its entirety. 3 APPLICABILITY 8.52.030— DEFINITIONS The definition of VSP has been shortened to be more to the point 18 Page 11 Promoting the sustainable use,conservation and restoration of natural resources in our community a 1ZW MASON CONSERVATION DISTRICT 450 W. Business Park Road • Shelton, WA 98584 Phone: (360) 427-9436 • FAX: (360) 427-4396 www.mosoncd.org and then to reference the focal section. 8.52.050— This section was chosen to be the focal due to its discussion of other 25 RELATIONSHIP TO OTHER relevant legislation impacting resource areas. An expansive REGULATIONS discussion of the program has been added for more clarity and to serve as the documents central reference point for VSP context. 8.52.061— Reference to VSP removed from this individual section. 32 AGRICULTURAL RESOURCE LANDS 8.52.110—WETLANDS Reference to VSP removed from this individual section. 41 8.52.120—CRITICAL Reference to VSP removed from this individual section. 58 AQUIFER RECHARGE AREAS 8.52.130—FREQUENTLY Reference to VSP removed from this individual section. 68 FLOODED AREAS 8.52.140— Reference to VSP removed from this individual section. 70 GEOLOGICALLY HAZARDOUS AREAS 8.52.150—SEISMIC Reference to VSP removed from this individual section. 81 HAZARD AREAS 8.52.160— EROSION Reference to VSP removed from this individual section. 82 HAZARD AREAS 8.52.170—FISH AND Reference to VSP removed from this individual section. 86 WILDLIFE HABITAT AREAS 8.52.170(D)(a)— Revised language deferring to VSP. 91 AGRICULTURAL ACTIVITIES 8.52.170(F)— Added reference to VSP. 100 STEWARDSHIP OPTIONS AND INCENTIVES 8.52.200—GENERAL Added exemption for agricultural activities, with the exception of 112 EXEMPTIONS geologically hazardous, seismic hazard and frequently flooded areas. Page 12 Promoting the sustainable use,conservation and restoration of natural resources in our community RESOLUTION NO. �- I n2- ELECTING ELECTING TO PARTICIPATE IN THE VOLUNTARY STEWARDSHIP PROGRAM FOR PROTECTION OF CRITICAL AREAS (RCW 36.70A.705) WHEREAS, the Washington State Legislature,through ESHB 1886, known as the Ruckelshaus Process Bill, created a Voluntary Stewardship Program ("VSP") for protection of critical areas associated with agricultural activities; and WHEREAS, ESHB 1886, as codified in RCW 36.70A.710, states that"As an alternative to protecting critical areas in areas used for agricultural activities through development regulations adopted under RCW 36.70A.060, the legislative authority of the county may elect to protect such critical areas through the program."; and WHEREAS, in order to participate in the VSP, the county legislative authority must elect to participate by January 22, 2012; and WHEREAS, prior to electing to participate in the VSP a county is required to confer with tribes, environmental and agricultural interests; and provide notice following the public participation and notice provisions of RCW 36.70A.035 to property owners and other affected and interested individuals, tribes, government agencies, businesses, school districts, and organizations; and WHEREAS, Mason County established a VSP website and email address to provide effective cornmunication for providing and receiving information; provided a News Release to KMAS, KRXY, Shelton-Mason County Journal, The Olympian, Shelton Chamber Of Commerce, North Mason Chamber Of Commerce, City Of Shelton, Economic Development Council, and The Kitsap Sun and a formal public notice to the Shelton-Mason County Journal; and mailed notice of the public hearing to interested individuals,tribes, government agencies, businesses, school districts, and organization; and WHEREAS, after due notice, the Mason County Board of County Commissioners held a public hearing on January 17, 2012 to hear testimony and take public comments regarding Mason County decision to opt-in to the VSP pursuant to RCW 36.70A.710 ; and WHEREAS, on January 17, 2012 the Mason County Board of County Commissioners considered this Resolution and officially elects to participate in Voluntary Stewardship Program (RCW 36.70A.705) and adopts the following findings: 1. The Board of County Commissioners hereby elects to enroll the entirety of unincorporated Mason County, and all of its watersheds, in the Voluntary Stewardship Program established by Engrossed Substitute House Bill 1886 (RCW 36.70A.705); and 2. The Board of County Commissioners hereby acknowledges that the county includes portions of five watersheds including Kennedy Goldsborough, Kitsap, Skokomish- Dosewallips and South Shore of Hood Canal, Queets-Quinault, and Lower Chehalis. 3. The Board of County Commissioners hereby nominates all of its watersheds for consideration by the State Conservation Commission as priority watersheds; and 4. There is local leadership to make the Voluntary Stewardship Program successful; and 5. Data relevant to the VSP is available and there are some watershed plans and implementation strategies that can be integrated; and 6. Technical assistance is available locally as necessary to develop and implement the Program; and 7. With adequate funding, there is a likelihood of success with a local effort to establish and implement the Voluntary Stewardship Program. BE IT FURTHER RESOLVED by adoption of this resolution Mason County is eligible for state grant-funding to accomplish the intent of the Voluntary Stewardship Program, and that Mason County will proceed as required under the Growth Management Act and RCW 36.70A.705 to implement the requirements of the Voluntary Stewardship Program once adequate funding is provided by the state. ' ADOPTED this 17"day of January, 2012. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: 411 2,14, L Lyn Ring Erickson. air Shannon Goudy, Clerk oft 'e Board APPROVED AS TO FORM: Tim Sheldon, Commissioner Tim Whitehead, Chief DPA Steve Bloomfield, Cofnmissioner ORDINANCE NUMBER AN ORDINANCE AMENDING TITLE 8, CHAPTER 8.52 OF THE MASON COUNTY CODE TO INCORPORATE THE VOLUNTARY STEWARDSHIP PROGRAM AN ORDINANCE amending Title 8, Chapter 8.52 of the Mason County Code (MCC) under the authority of Chapters 36.70 and 36.70A RCW. WHEREAS, the Washington State Legislature, through Enhanced Substitute House Bill (ESHB)1886, known as the Ruckelshaus Bill, created a Voluntary Stewardship Program (VSP) for the protection of critical areas within areas where agricultural activities are conducted; and WHEREAS, ESHB 1886, as codified in RCW 36.70A.710 of the Growth Management Act, provided that the legislative authority of a county may elect to participate, or opt in,to the Program by January 22, 2012; and WHEREAS, on January 17, 2012 Mason County elected by Resolution #07-12 to participate in VSP, and to implement the program at such time as adequate state funding was available; and WHEREAS, on December 7, 2015 Mason County entered into a Contract with the Washington Conservation Commission (WCC)for grant funding to establish a Voluntary Stewardship Program and to create a Program Work Plan; and WHEREAS, Mason County entered into an Interlocal Agreement with the Mason Conservation District to serve as Lead Entity responsible for creating a Work Plan and implementing the Program; and WHEREAS, on June 20, 2018 Mason County received approval from the Washington Conservation Commission on the completion of VSP Work Plan as described in RCW 36.70A.720; and WHEREAS, amendments to MCC Chapter 8.52 subject of this Ordinance incorporate the VSP and its application to all eligible agricultural activities for as long as the Program remains in effect; and WHEREAS,the Mason County Planning Advisory Commission conducted a public hearing on January 28, 2019 and again on April 15, 2019 and recommended adoption of the amendments by the Board of County Commissioners; and Pug e 1 Ordinance Amending Title 8,Chapter 8.52 Resource Ordinance NOW THEREFORE, BE IT ORDAINED that the Board of Commissioners of Mason County hereby amends MCC Chapter 8.52 to incorporate the Voluntary Stewardship Program. (See Attachment „A„) DATED this day of 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: Kevin Shutty,Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner Page 12 Ordinance Amending Title 8,chapter 8.52 Resource Ordinance MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑ Public Hearing 0 Other ❑ Department: Community Services Ext: 286 Date: June 4, 2019 Agenda Item #/0.3 (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: Public hearing June 4, 20sg at 9:15 a.m.to consider code amendments to Title 17—Zoning, relating to raising height limits. BACKGROUND: Upon Commissioner request, staff proposed amendments to Title 17 relating to raising height limits in certain zones within the Urban Growth Areas of Allyn, Belfair and Shelton and Rural Commercial zones 3, 4 and 5. The Planning Advisory Commission held a public hearing to consider the amendments on April 15, 2019.They recommended approval of the amendments to the BOCC. RECOMMENDED ACTION: Board of County Commissioners shall approve the proposed amendments as described. ATTACHMENT(S): Amendments(Attachment A) Ordinance Comment letters received-to-date 5/20/2019 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 compWiant 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. Dre.r.nrFlor lA/Morn the D..rol/`e mpri mr -.I G 7....e.We...ld Apply ll...n or/D..rinorr Alomn• PaFeeY �'^M Type of Land Use RaFt of Land I I.-o ti' Proposed e foto neJ� tYVFnbef 1 IA ashinnto., un ,n 31905 33 rnncrccted RuFa} RUFal !'enter 61 Ryan Rd. 00000 sales MaFGh 100G � Ca FA...ore•ial TlU71T�TJV �Ai7 2 DiekeFin.,MaFinn 3400 220rc00044 41 Boot and mater soler /^onrtr..rted my _a4 RuralDi.-I.n�rinn RdDnri l S 00090 and FepaffiF 1996 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#"fifty-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 ORDINANCE NUMBER AMENDMENTTO MASON COUNTY CODE TITLE 17 ORDINANCE amending Mason County Code Title 17 relating to increasing height limits. WHEREAS, under the authority of the Washington State Growth Management Act (GMA) (RCW 36.70A) Mason County is taking legislative action to revise its development regulations; and WHEREAS, the height limits in most zones throughout the rural lands and urban growth areas are limited to 35-feet; and WHEREAS, there are certain zones throughout the rural lands and urban growth areas that may be appropriate to accommodate greater building heights; and WHEREAS, the development regulations were amended to allow for increased heights up to 55-feet in certain zones throughout the rural lands and urban growth areas outright or with a Special Use Permit; and WHEREAS, on April 15, 2019 the Mason County Planning Advisory Commission held a public hearing to consider the amendment and passed a motion to recommend approval of said amendment; and WHEREAS, the Commissioners considered the proposed amendment at a duly advertised public hearing on June 4, 2019; and WHEREAS, the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments, testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to Title 17, relating to raising height limits complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendments to the Mason County Code Title 17,, relating to raising height limits as described in Attachment A. DATED this day of 2019. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: Kevin Shutty, Chair Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner z April 15, 2019 Planning Advisory Commission Public Hearing Comments on Proposed amendments to height limits As a former member to the Belfair sub area planning group and a 55 year Belfair resident I appreciate the opportunity to comment on these proposed amendments. In reading the staff report I see that staff was directed to raise height limits in the Belfair UGA to 55 feet. Can I assume it came from Commissioner Neatherlin as he made it a point to mention it at the joint meeting as one of his priorities? In my opinion this is a great example of why the Belfair sub area plan needs to be periodically reviewed and followed. The BSAP planning group went through great pains and discussion to protect the view corridors, the aesthetics, critical areas and zoning of our community. Our plan's vision included protection of our scenic natural settings, water resources, wildlife habitat and a knowledge that land is an important human resource as well. To that vision and goal we established height limits and densities for each land use designation. For example in the Mixed use zone we limited building heights to four-story along the east side of the SR-3 corridor only where views can be maximized and impacts minimized. In the same zone Buildings on the west side of SR-3 must not reach an elevation of more than 35 feet above grade level within 150 feet of the roadway. These height amendments should not be approved simply because fire departments now have larger ladders or developers want to maximize densities by taking advantage of greater heights. Each community is different and as such their own sub area plans, which are part of the Comprehensive Plan should be adhered to; not shopped out to the Hearings Examiner every time someone wants a special use permit. Please do not adopt these developer driven amendments. Thank you, Ken VanBuskirk Jeff Carey 890 E.Ceda r St. : BELFAIR, WA. 98528 Phn: (360)275-0780 or Cell: (360)731-5683 May 06, 2019 Attn:Mrs.Kell Rowen Mason County Community Development 615 W Alder St Shelton, WA. 98584 Dear Kell. Subject: Proposed amendments to Title 17 related to raising height limits. I am against raising the height limits in any of Allyn's commercial or residential zones. I understand the county's desire to have the same zoning regulations for its three UGA's but there are some areas it just does not work for the benefit of the communities. The height limits is one of those areas. I was involved at every step with Mason County,the county's contracted planners,the Allyn Community Association,and the citizens of Allyn from 2003 through 2007 in creating the original and the adopted zoning regulations for Allyn.There was great care and effort taken in creating these regulations to meet what the county was looking for as well as meet the community's needs. In the end no one was really happy with having to have zoning regulations but through lots of meetings and some compromising we were able to develop and adopt the zoning regulations for Allyn. This is not to say that the regulations are perfect.They are definitely not.They do need to be reviewed every 5 to 10 years to see what is working and what is not and fix what is not working from both the citizen's as well as a developer's point of view.However,again raising height limits is not one of those areas that need revising.I say this for the following three major reasons. The first reason is that great effort was take to preserve as much view of North Bay within Case inlet as possible for every home owner and developer of both developed&undeveloped property along the west side of highway 3. This is why we created the 25 foot height limit along the east side of the Highway 3 while the west side is at 35 feet. The second reason is that the limiting factor in how much commercial space is created in Allyn in not limited by the height of the buildings but by the amount of available parking each building requires within the commercial area of Allyn. For example retail space requires at least,with a few exceptions,one parking stall for every 250 sgft.Commercial space. The third and final reason is it just doesn't financially pencil out.Both before zoning was adopted and since zoning was adopted on average the Allyn commercial space has only been increasing at a 20 to 25 year average of about 1,000 sgft.or so a year. One does not need much of any multi-floor commercial space at that rate. If you have any questions about any aspect of the language related to height limits within the Allyn UGA please call me at the numbers listed above. Sincerely Jeff Carey Page 1 of 1 D:\\\\\\\LM 90506x-MasonCo May 24, 2019 Mason County Board of Commissioners 411 North 5th Street Shelton, WA 98584 Via Email Dear Commissioners, While I have no issue with the Mason County Board of Commissioners considering raising the building height allowance in certain areas of Mason County, I offer these observations and suggestions: • Increased height means that businesses and apartment complexes may be built to that height putting further stress on our road system. I suggest that the BoCC establish a building permit cost on any application to build above the current height that addresses this eventuality. That fee would be deposited in a holding account for any issues that the Public Works Department determines the road impacts of the applicant's plan. • Apartment buildings may bring additional children. Proposed apartment buildings should have the same constraint with the Mason County Community Development Department to add funds for the school districts. • Additional height also impacts our fire districts. Do they have the proper equipment to fight a fire of that height? Again, a permit fee which addresses that safety issue. • The impact to our law enforcement agencies with additional residents and business infrastructure is also an issue and should be mitigated. I do not plan to attend the public hearing on June 4. Therefore, I respectfully request that my comments be read into the record. Sincerely, Robert A. Pastore Stretch Island Cc: Community Development Department Public Works Department Fire Marshall Sheriff Shelton Mason Journal