HomeMy WebLinkAbout2020/01/21 - Regular Packet BOARD OF MASON COUNTY COMMISSIONERS
DRAFT MEETING AGENDA
Commission Chambers— 9:00 a.m.
411 North Fifth Street, Shelton WA 98584
January 21, 2020
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Correspondence and Organizational Business
4.1 Correspondence
4.2 Public Works Bid Award Information Staff: Diane Sheesley
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 —January 13, 2020 Briefing Minutes
8. Approval of Action Agenda: All items listed under the"Action Agenda" may be enacted
by one motion unless a Commissioner or citizen requests an item be removed from the
Action Agenda and considered as a separate item.
8.1 Approval of the resolution deleting Resolution #41-00, Reserve Account for
Replacement of the Mason County Shops.
8.2 Approval of the resolution amending the Equipment Rental and Revolving fund.
8.3 Approval of a resolution implementing fees of$10.00 for each civil filing fee and
$15.00 for each small claim filing in District Court, and approval to authorize the
County Treasurer to forward the amount of revenue collected by these fees to the
Dispute Resolution Center of Thurston County on a monthly basis.
8.4 Approval for the Chair to sign the AIG Storage Tank Third Party Liability
TankGuard Renewal Warranty Acknowledgement Form to bind coverage effective
April 21, 2020-April 21, 2021.
8.5 Approval to reclassify the Database/Web Technician to a Systems Administrator
and place the incumbent at salary Step 6, effective February 1, 2020.
8.6 Approval to have the Board deny the petition for vacation of the South half of W.
Walnut Street laying North of 121 W. Walnut Street in the Plat of Moore's Addition
to Shelton Block 4, lots 1-4, based on the request from the City of Shelton and
the lack of alternative access routes to the general area in the future.
Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last
printed on 01/16/20 2:15 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
January 21, 2020—PAGE 2
8.7 Approval to authorize ER&R to declare certain items including vehicles and
equipment parts as surplus, and approval to allow ER&R to dispose of these items
pursuant to Mason County code and state laws.
8.8 Approval to appoint Tim Lincoln and Phillip Wolff to a two-year term on the
Transportation Improvement Program Citizens Advisory Panel (TIP-CAP).
8.9 Approval to set a hearing on Tuesday, February 18, 2020 at 9:15 a.m. to consider
approving the franchise agreement applications between Mason county and the
following:
• Beacon Point Community Club, • Maggie Lake Water District
Inc.
• Cedar View Tracts • Merrimount Water System
• Harstine Island Estates • Triton Head Water Association
• Lynnwood Community Beach • Twanoh Tides Community Club
Association
8.10 Approval to set a hearing for Tuesday, February 18, 2020 at 9:15 a.m. to consider
approving the franchise agreement application between Mason county and
Erickson Lake Homeowners Association to run water lines and appurtenances
under and across county road right of way.
8.11 Approval to have the Board authorize Public Works to advertise a Request for
Qualifications for Hydraulic/Hydrologic Analysis consultant services for North
Shore Road-Cady Creek Culvert Replacement (CRP 1995), North Island Drive
Culvert Replacement (CRP 2011) and North Shore Road-Great Bend Creek Culvert
Replacement (CRP 2021) and approval to enter into and sign contracts.
8.12 Approval to have the Board authorize the following for county Road Project 2026
(CRP 2026), Harstine Island Bridge Deck Repair:
• A resolution for CRP 2026 for Harstine Island Bridge deck repair project;
• County Engineer to advertise, set bid date/time and award contract;
• County Engineer to announce Request for Qualifications as needed for
consultant services for the project and enter into contract(s);
• County Engineer and/or the Chair to sign all pertinent documents for project
and Federally funded Local Bridge Program grant.
8.13 Approval to appoint Dave Smith as the acting County Engineer for Mason County
for a period not to exceed six months beginning January 23, 2020.
8.14 Approval to amend Resolution No. 101-19 to revise the Non-Represented Salary
Scale Range Alignment by adding a County Surveyor at Salary Range 38, a Project
Support Services Manager at A Salary Range 32, an Engineering &Construction
Assistant Manager at Salary Range 30, a Senior Deputy Coroner at Salary Range
11, eliminating the Technical Services Manager and reducing one Engineer full
time equivalent position allotted on the non-Represented Salary Scale; and
approving the reclassification of the Deputy Administrator, Probation Services
from Salary Range 33 to Juvenile Court Services Deputy Administrator at Salary
Range 35 and placing the incumbent at Salary Step 5, effective February 1, 2020,
and reclassify the Chief Deputy at Salary Range 27 to a Chief Deputy Clerk at
Salary Range 29, and placing the incumbent at Salary Step 1, effective February
1, 2020.
8.15 Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #s 8069775-8069995 $ 558,521.72
Direct Deposit Fund Warrant #s $
Salary Clearing Fund Warrant #s $
8.16 Approval to change an existing Maintenance III position to Maintenance IV and
change an existing .SFTE Maintenance position to a FTE Maintenance II position,
and approval to post and fill these position in the Facilities Department.
J:\AGENDAS\2020\2020-01-21 REG.doc
MASON COUNTY COMMISSIONERS' MEETING AGENDA
January 21, 2020—PAGE 3
9. Other Business (Department Heads and Elected Officials)
10. 9:15 a.m. Public Hearings and Items Set for a Certain Time- No hearings scheduled
11. Board's Reports and Calendar
12. Adjournment
J:\AGENDAS\2020\2020-01-21 REG.doc
Oerk
MASON COUNTY
TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:
FROM: Ginger Kenyon Ext. 380
DEPARTMENT: Support Services Action Agenda
DATE: January 21, 2020 No. 4.1
ITEM: Correspondence
4.1.1 Letter received from United States Department of the Interior Fish and
Wildlife Service re: Burrington Keeled Jumping-Slug Status Assessment;
request for information.
Attachments: Originals on file with the Clerk of the Board.
cc:CMMRS Neatherlin,Shutty&Trask
Clerk
gNT OF el U.S.
UP-11 h p'II.DI.IFF;
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United States Department of the Interior
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FISH AND WILDLIFE SERVICE
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Washington Fish and Wildlife Office
510 Desmond Dr. S.E., Suite 102
Lacey, Washington 98503
January 3, 2020
In Reply Refer to:
DIP"Burrington" Keeled Jumping-Slug REV E IVE
Kevin Shutty
Mason County Commissioner's Office JAN 08 2020
411 North 5th Street
Shelton, Washington 98584 Mason County
Commissioners
Dear Chair Kevin Shutty:
Subject: `Burrington"Keeled Jumping-Slug Status Assessment; Request for Information
The U.S. Fish and Wildlife Service (Service) is conducting a status review of"Burrington"
keeled jumping-slug(Hemphillia burringtoni, Pilsbry, 1948)to determine if listing the species as
threatened or endangered under the Endangered Species Act(ESA)of 1973, as amended (16
U.S.C. 1531 et seq.), is warranted. We request information on the species to help with this
determination.
Back-around
In response to a petition to list"Burrington" Keeled Jumping-Slug(Hemphillia burringtoni)and
31 other freshwater or terrestrial mollusks of the northwestern United States under the ESA, we
published a 90-day finding on October 5, 2011 (76 FR 61826). The finding concluded that
listing of the"Burrington"keeled jumping-slug may be warranted based on potential threats
from habitat loss due to logging.
The`Burrington"keeled jumping-slug is a terrestrial pulmonate gastropod mollusk in the family
Binneyidae. This family and representatives of the genus Hemphillia are most readily identified
as slugs with a shell not completely covered by a mantle or having a"hump-shaped" mantle.
The Hemphillia are commonly referred to as"jumping-slugs"because it may flip its tail or
exhibit flopping behavior when under duress such as predation. The "Burrington"keeled
INTERIOR REGION 9 INTERIOR REGION 12
COLUMBIA-PACIFIC NORTHWEST PACIFIC ISLANDS
IDAHO, MONTANA, OREGON`, WASHINGTON AMERICAN SAMOA, GUAM, HAWAII, NORTHERN
PARTIAL MARIANA ISLANDS
2
jumping-slug is considered a small slug(<20mm) with a compressed body and short"keeled"
tail. The species has a fairly wide range from southern Vancouver Island, south throughout the
Olympic Peninsula and far western Washington to Siuslaw National Forest along the Oregon
coast. This species inhabits areas of mature moist forests with high canopy cover and
understories with abundant large woody debris. Well decayed logs, litter, and duff layers are a
common component of its understory habitat. Please see the 90-day finding
(httt)s://www. ov�nfo.gov/content/pkg/FR-2011-10-05/pdf/2011-25538.pdf) for more
information regarding the species and its habitat.
Requested Information
We are required to use the best scientific and commercial data available when evaluating a
species for listing under the ESA. Therefore, we are requesting your assistance. Please note that
it is not necessary to resubmit information provided to us previously or used as part of our 90-
day finding. We are requesting additional information on any of the following topics:
1. Distribution, ecology, and natural history of"Burrington" keeled jumping-slug ;
2. Requirements for its reproduction, growth,nutrition, and dispersal;
3. Physical, chemical, and biological attributes of the species' habitat;
4. The range of habitat conditions tolerated by the species;
5. Positive and negative survey information in the known current and historical range of
"Burrington"keeled jumping-slug ;
6. Potential stressors to"Burrington"keeled jumping-slug or its habitat, including
information about, habitat alteration and loss, climate change, disease, wildfire, or
other threats;
7. Information about nonnative and/or invasive mollusk predation or competition with
the"Burrington"keeled jumping-slug;
8. Whether there are any sites outside the known, occupied areas that may be important
to the conservation of"Burrington"keeled jumping-slug.
9. Impacts of recreational activities and harvest of special forest products on the
"Burrington"keeled jumping-slug and its habitat, such as firewood gathering,
mushroom harvest, and moss mat collection;
10. Ongoing and planned activities, including specific projects, within the known range
of"Burrington"keeled jumping-slug that may affect the species or its habitat; and
11. Past, current, and future conservation actions or management practices that may
benefit"Burrington"keeled jumping-slug or its habitat.
3
Contact Information
We request that you provide any information by February 7, 2020, to ensure we have adequate
time to consider it during the status review. Please notify and submit any relevant information to
WFWO_LR@fws.gov, or at the address in the letterhead above. All data and information
submitted, including names and addresses, will become part of the decisional file and may be
subject to Freedom of Information Act requests.
If we determine that"Burrington"keeled jumping-slug is warranted for listing and we develop a
listing and critical habitat proposal, we will provide a public notification of our finding in the
Federal Register. Any associated proposed rulemakings would include an opportunity for the
public to review and comment on the proposal(s). At this time, we expect to deliver notification
to the Federal Register during summer or fall of 2021.
Thank you for your continued interest in the conservation of sensitive, threatened, and
endangered species. If you have any additional questions, please feel free to contact Deanna
Lynch at 360-753-9545 or by email at the address identified above.
Sincerely,
Fm Brad Thompson, State Supervisor
Washington Fish and Wildlife Office
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Sheesley, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: January 21, 2020 Agenda Item #
BRIEFING DATE: January 13, 2020 and October 21, 2019
BRIEFING PRESENTED BY: Diane Sheesley and Cyndi Ticknor
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: FYI: Public Works Bid Award Information
BACKGROUND: The Public Works Department is announcing the bid award of the
following 2020 contracts that have been authorized by the County Commissioners to call
for bids, set bid opening dates/times, and award.
No. Bid Opening for: Contract Award to: Bid Amount:
of
Bids:
5 Asphalt Emulsion 1. Tucci & Sons, Inc. Unit prices attached
2. Lakeside Industries, Inc. - Olympia
3. Lakeside Industries, Inc. - Shine
Plant
4. Lakeside Industries, Inc. —
Aberdeen
5. Granite Construction
1 Culvert Pipe and 1. TV Pipe Solutions All bids accepted.
Culvert Linings Purchase as needed
(transportation/
availability may vary).
Bid tabulations for each of the bid openings are attached and also available on the
Builders Exchange of Washington website.
Recommended Action: No action required.
Attachments: Bid Tabulations
BID TABULATION SHEET
BID OPENING:
2020 ASPHALTIC MATERIALS
December 12, 2019 Tucci&Sons,Inc. Lakeside Industries,Inc. Lakeside Industries,Inc. Lakeside Industries,Inc. Granite Construction
Olympia Shine Plant Aberdeen
BIDDER NO: 1 BIDDER NO: 2 BIDDER NO: 3 BIDDER NO: 4 BIDDER NO: 5
ITEM ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL
NO. DESCRIPTION UNIT PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE
1 HMA Class 1/2"PG 64-22 TON $ 56.50 $ 62.09 $ 65.00 $ 71.05 $ 65.00 $ 70.85 $ 70.00 $ 76.29 $ 62.00 $ 66.03
2 HMA Class 3/8"PG 64-22 TON $ 58.00 $ 63.74 $ 68.00 $ 74.32 $ 68.00 $ 74.12 $ 72.00 $ 78.47 $ 65.00 $ 69.23
3 MC 250 Cold Mix TON $ 62.00 $ 68.14 NO BID NO BID NO BID NO BID NO BID NO BID $ 100.00 $ 106.50
3 EZ Street Cold Mix TON NO BID NO BID $ 125.00 $ 136.63 $ 125.00 $ 136.25 $ 125.00 $ 136.23 NO BID NO BID
Perma-Patch Cold Patch (60 PALLET
5 Ib bas ora roved a ual NO BID NO BID $ 875.00 $ 956.38 NO BID I NO BID $ 875.00 $ 953.58 1 NO BID NO BID
BID OPENING: 2020
Culvert Pipe& Culvert Linings TV Pipe Solutions
December 12, 2019
BIDDER NO: 1
ITEM ITEM UNIT If Shipped FOB
NO. DESCRIPTION UNIT PRICE Destination
Aluminum Culvert Pipe
12"Culvert
1 FT NO BID NO BID
12"Band Couplers
2 EACH NO BID NO BID
12"Beveled End Section
3 EACH NO BID NO BID
18"Culvert
4 FT NO BID NO BID
18"Band Couplers
5 EACH NO BID NO BID
18"Beveled End Section
6 EACH NO BID NO BID
18"Pipe Arch Culvert
7 FT NO BID NO BID
24"Culvert
8 FT NO BID NO BID
24"Band Couplers
9 EACH NO BID NO BID
24"Beveled End Section
10 1 EACH NO BID NO BID
24"Pipe Arch Culvert
11 FT NO BID NO BID
30"Culvert
12 FT NO BID NO BID
30"Band Couplers
13 EACH NO BID NO BID
30"Beveled End Section
14 EACH NO BID NO BID
36"Culvert
15 FT NO BID NO BID
36"Band Couplers
16 EACH NO BID NO BID
36"Beveled End Section
17 EACH NO BID NO BID
42"Culvert
18 FT NO BID NO BID
42"Band Couplers
19 EACH I NO BID NO BID
42"Beveled End Section
20 EACH NO BID NO BID
48"Culvert
21 FT NO BID NO BID
48"Band Couplers
22 EACH NO BID NO BID
48"Beveled End Section
23 EACH I NO BID NO BID
Polyethylene Pipe
12"Pipe
24 FT NO BID NO BID
12"Couplers
25 EACH NO BID NO BID
12"Beveled End Section
26 EACH NO BID NO BID
18"Pipe
27 FT NO BID NO BID
18"Couplers
28 EACH NO BID NO BID
18"Beveled End Section
29 EACH NO BID NO BID
24"Pipe
30 FT NO BID NO BID
1
BID OPENING: 2020
Culvert Pipe& Culvert Linings TV Pipe Solutions
December 12,2019
BIDDER NO: t
fITEM ITEM UNIT If Shipped FOB
NO. DESCRIPTION UNIT PRICE Destination
24"Couplers
31 EACH NO BID NO BID
24"Beveled End Section
32 1 EACH NO BID NO BID
30"Pipe
33 FT NO BID NO BID
30"Couplers
34 EACH NO BID NO BID
30"Beveled End Section
35 1 EACH NO BID NO BID
36"Pipe
36 EACH NO BID NO BID
36"Couplers
37 EACH NO BID NO BID
36"Beveled End Section
38 EACH NO BID NO BID
42"Pipe
39 FT NO BID NO BID
42"Couplers
40 EACH NO BID NO BID
42"Beveled End Section
41 EACH NO BID NO BID
48"Pipe
42 FT NO BID NO BID
48"Couplers
43 EACH NO BID NO BID
48"Beveled End Section
44 EACH NO BID NO BID
Snap Tite HDPE or Approved Equiv Per Truck
Snap Tite HDPE Pipe or Equiv. 10.75"
45 21'stick EACH $ 385.53 $ 3,000.00
Snap Tile HDPE Pipe or Equiv. 12.75"
46 21'stick EACH $ 525.05 $ 3,000.00
Snap Tite HDPE Pipe or Equiv.14"
47 21'stick EACH 1$ 593.21 $ 3,000.00
Snap Tite HDPE Pipe or Equiv. 16"
48 21'stick EACH $ 743.37 $ 3,000.00
Snap Tite HDPE Pipe or Equiv.18"
49 21'stick EACH $ 870.11 $ 3,000.00
Snap Tite HDPE Pipe or Equiv.20"
50 24'stick EACH $ 1,246.05 $ 3,000.00
Snap Tite HDPE Pipe or Equiv.24"
51 124'stick EACH $ 1,683.77 $ 3,000.00
Snap Tite HDPE Pipe or Equiv.28"
52 24'stick EACH $ 2,214.14 $ 3,000.00
Snap Tite HDPE Pipe or Equiv.30"
53 24'stick EACH $ 2,590.97 $ 3,000.00
Snap Tite HDPE Pipe or Equiv.32"
54 24'stick EACH $ 2,983.07 $ 3,000.00
Snap Tite HDPE Pipe or Equiv.36"
55 JZ4 stick EACH $ 3,664.67 $ 3,000.00
Snap Tite HDPE Pipe or Equiv.42"
56 24'stick EACH $ 4,832.97 $ 3,000.00
2
BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES
Mason County Commission Chambers,411 North 5th Street,Shelton,WA
Week of January 13,2020
Monday,January 13,2020
9:00 A.M. Support Services—Frank Pinter
Commissioners Trask,Neatherlin and Shutty were in attendance.
• Reminder of Special Commission Briefing meeting on Friday,January 17 at 1 p.m.with KMB
Architects and Jail Study Executive Committee re: final outcomes of the Criminal Justice
Assessment and Population Projections.
• Frank recommended three of the four Reclassification Requests be approved and one denied.
Cmmr.Neatherlin asked for an additional briefing regarding the reclass denial.
• Results of 2019 on-line tax title real property sale(Bid4Assets). 38 of the 49 parcels were sold for
a total of$301,967 with$40,901 going to Current Expense. Melissa Drewry will work with the
Treasurer's office to schedule the next on-line sale this summer.
• Jen Beierle reviewed the December Financial Statements. Revenues came in a bit higher than
anticipated a Current Expense cash at 12/31/19 was$12.1M.
• Discussion of General Fund$5,000 budgeted for Veteran Services.Jen Beierle reported she has
talked to the State Auditor's Office and MRSC. We need to enter into an agreement with the non-
profit that will distribute the money. The money can be distributed up-front or on a
reimbursement basis. The criteria for assistance need to be identified. The funding will be split
between the north and south ends of the county. Cmmr.Neatherlin will meet with Jen to draft an
agreement.
• Facilities staffing request to change a seasonal help to a Maintenance II FTE and change an
existing Maintenance III to a Maintenance IV. This is to staff the vehicle leasing program. The
total cost will be approximately$60,000 and this cost was included in the analysis of the leasing
program. Cmmr.Neatherlin asked this be brought back at next week's briefing.
• Ross McDowell presented a draft Upper Skokomish Valley Residents Evacuation Route Letter&
SOP. The SOP states that Green Diamond will open their private road(800/808)for evacuation
purposes for a 12-hour window after which time the route will be locked. Cmmr.Neatherlin
expressed his displeasure with this solution noting that Green Diamond receives tax benefits and
the impact to the public in the event of an emergency. The County is currently working under the
old agreement with Green Diamond which has not been canceled. The Commissioners approved
sending out the Alert Sense application encouraging residents to sign up for Alert Sense,which is
the county's notification system,and asked staff to reach out to Green Diamond to see if a better
solution can be reached.
• Fuel Storage Tank Insurance Policy renewal was approved to move forward.
• Cmmr.Shutty asked Human Resources to bring forward sample telecommute policies that would
provide flexibility for senior staff.
9:45 A.M. Coroner—Wes Stockwell
Commissioners Trask,Neatherlin and Shutty were in attendance.
• Request to provide healthcare benefits to his Deputy Coroner position and the approximate
$18,000 cost can be absorbed in his current budget. This will be moved forward.
10:00 A.M. Community Services—Dave Windom
Commissioners Trask,Neatherlin and Shutty were in attendance.
• Request to close the Permit Center and field inspections during the week of Monday,March 23
through Friday,March 27,2020 for staff to attend the 2020 WA Association of Building Officials
Annual Education Institute. Staff will earn their required continuing education credits. Dave
Windom said there would be a skeleton crew available to answer phones and schedule
appointments for the following week. There will be no inspections that week.
• Review of recommendations to improve service in Community Development. Implement Instant
Messaging;purchase another scanner and issue a request for proposals to contract the scanning;
use of a binding site plan; convert the bathroom space to an office for the Permit Administrator;
Board of Mason County Commissioners' Briefing Meeting Minutes
January 13,2020
add a temporary FTE for six months to fill the vacancy in records and develop an analysis
identifying all building and wells within the sub basin,pursuant to an agreement with the Squaxin
Tribe;change the location of the copier for easier access.
Cmmr.Shutty doesn't understand the relocation of the Permit Administrator;need to identify the
problem to solve it,he is not real supportive of converting the bathroom to an office. He wants to
take advantage of Smart Gov and scan in everything possible which will improve the process.
Cmmr.Neatherlin stated there is a lot staff time going back and forth between front counter and
the Permit Administrator. Cmmr.Neatherlin also believes granting more authority to the Permit
Techs to expedite permit processing will improve service.
Permits are currently on a 3-month backlog. Discussion of the permit process and what is sent out
for outside review.
The Commissioners approved moving forward on the scanning proposal,hire a temporary FTE,
come back with requirements to grant Permit Techs more authority.
• Request to set a public hearing to consider rezone of several adjacent parcels from Village
Commercial to Multifamily Medium Density Residential within the Allyn Urban Growth Area
(UGA). Cmmr.Neatherlin doesn't support this request because this is the only commercial core
in Allyn. He stated Wheelwright Street has been vacated by order of law. Kell pointed out this
was applied for by private citizens and the County has 120 days to review. It has been reviewed
by the Planning Advisory Committee who recommended approval of the rezone. Cmmr.
Neatherlin stated the PAC Chair understood the road is vacated and there was no construction in
this area. Cmmr.Neatherlin asked the PAC review the request again with this information.
• Grant submittal for individuals who have behavioral health or substance abuse problems and this
develops a pre-booking process.Public Health will serve as the facilitator between law
enforcement and behavioral health agencies and there was discussion of the impact to staff. The
Board is supportive of moving the grant application forward.
• Cmmr. Shutty reported from the WRIA 14 meeting that PUD 1 is looking for ecology money and
more information will be coming from PUD 1.
10:20 A.M. District Court—Patsy Robinson
Commissioners Trask,Neatherlin and Shutty were in attendance.
• Request to adopt a District Court dispute resolution surcharge. Approved to move forward.
10:45 A.M. Executive Sessions—RCW 42.30.110(1)(i)Litigation
Commissioners Trask,Neatherlin and Shutty met in Executive Session from 10:45 a.m.to Noon
with Prosecutor Mike Dorcy,Chief Deputy Prosecutor Tim Whitehead,Risk Pool staff and
Nichole Wilston,Risk Manager for a litigation matter.
Commissioners Trask,Neatherlin and Shutty met in Executive Session from noon to 12:35 p.m.
with Prosecutor Mike Dorcy,Chief Deputy Prosecutor Tim Whitehead,Dave Windom and
Kristopher Nelsen for a litigation matter.
2:30 P.M. Public Works—Loretta Swanson
Utilities&Waste Management
Commissioners Trask,Neatherlin and Shutty were in attendance.
• Recommendation from staff and Hearings Examiner for Road Vacation#399,W.Walnut Street be
denied and this will be placed on the agenda.
• Surplus of personal property will be moved forward.
• Approval to move forward the appointment of Tim Lincoln and Phillip Wolff to the TIP-CAP.
• Public hearing will be set for a new franchise agreement with the Erickson Lake Homeowners
Association and renewal of several other water systems.
• Request for Qualifications—Hydraulics/Hydrologic Analysis Consultant Services will be issued.
• Move forward County Road Project(CRP)2026 Harstine Island Bridge deck repair.
• Request to appoint Dave Smith as the Acting County Engineer for a period not to exceed six
months effective January 23,2020.
Board of Mason County Commissioners'Briefing Meeting Minutes
January 13,2020
• Cmmr. Shutty brought up a request from the Port of Hoodsport for a county-owned parcel in
Hoodsport. This is owned by the Road Department and Public Works has no need for the parcel.
It will need to be surplussed. There was discussion of how to transfer to Port of Hoodsport.
• Diane Sheesley and Loretta Swanson presented several staff changes that include changing an
Engineer III position to Engineering&Construction Assistant Manager;changing a Survey
Supervisor to County Surveyor and reestablish the Project Support Services Manager position.
The staff changes will be moved forward. Commissioners requested the vacant Technical
Services Manager position be eliminated so there is no increase in FTE count.
• Coffee Creek project—speed reduction in construction zone,staff recommends option 2;concern
with Hulbert Road intersection and staff is requesting a stop sign from WSDOT and the
Commissioners are supportive of staff recommendation.
• Bid awards for asphalt emulsion and culvert pipe and linings will be announced.
• Hoodsport crosswalk—State will not participate in any cost for speed signs. New agreement will
be brought forward so county can pay for speed signs.
• Information provided for a Cummins truck at a cost of$97,500 that staff recommends to purchase
and the Board approved.
Commissioner discussion
Cmmr.Neatherlin showed proposed safety improvement changes in the Courthouse to the
Commissioners. The Commission asked this be brought back at the next Facilities briefing.
Meeting adjourned at 3:55 p.m.
Respectfully submitted,
Diane Zoren,Administrative Services Manager
BOARD OF MASON COUNTY COMMISSIONERS
Sharon Trask Randy Neatherlin Randy Neatherlin
Chair Commissioner Commissioner
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Zoren Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 747
DATE: January 21, 2019 Agenda Item # ,
Commissioner staff to complete)
BRIEFING DATE:
BRIEFING PRESENTED BY: Support Services
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval of the resolution deleting Resolution No. 41-00 Reserve Account for
Replacement of the Mason County Shops
Background: Resolution No. 41-00 is obsolete and it is staff's recommendation to
delete.
RECOMMENDED ACTION: Approval of the resolution deleting Resolution No. 41-00
Reserve Account for Replacement of the Mason County Shops
Attachment(s): Resolution
RESOLUTION NO.
A RESOLUTION deleting Resolution No. 41-00
Reserve Account for Replacement of the Mason County Shops
WHEREAS, Resolution 41-00 was adopted on May 9, 2000 establishing a Reserve for Replacement of
the County Shops Account for the accumulation of resources for the replacement of county shops; and
WHEREAS, this Reserve Account is obsolete;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF MASON COUNTY COMMISSIONERS to
delete Resolution No. 41-00, Reserve Account for Replacement of the Mason County Shops and
associated BARS lines.
ADOPTED:
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
ATTEST:
Sharon Trask, Chair
Melissa Drewry, Clerk of the Board
APPROVED AS TO FORM: Randy Neatherlin, Commissioner
Tim Whitehead, Chief Deputy Prosecuting Kevin Shutty, Commissioner
Attorney
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Zoren Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 747
DATE: January 21, 2019 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE:
BRIEFING PRESENTED BY: Support Services
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval of the resolution amending the Equipment Rental and Revolving fund
Background: The Equipment Rental and Revolving Fund (ER&R) was established in
1978 and the purpose of the Fund has evolved over time. The Current Expense and
Public Health vehicle fleet will be moved to a leased fleet and computers and the
phone system are no longer part of the ER&R Fund.
RECOMMENDED ACTION: Approval of the resolution amending the Equipment
Rental and Revolving fund
Attachment(s): Resolution
RESOLUTION NO.
A RESOLUTION amending the Equipment Rental and Revolving Fund —Amending Resolution 1277;
Deleting Resolution 34-87; Amending Resolution 57-00
WHEREAS, the Equipment Rental and Revolving Fund was established by adoption of Resolution No.
850 on January 3, 1978 and the purpose of the Fund has evolved over time; and
WHEREAS, the Equipment Rental and Revolving Fund was expanded by adoption of Resolution No.
1277 on December 15, 1980 to include Current Expense and Special Revenue Fund vehicles and other
equipment; and
WHEREAS, the Equipment Rental and Revolving Fund was further expanded by adoption of Resolution
56-86 on June 10, 1986 to establish a Motor Pool; and
WHEREAS, the Equipment Rental and Revolving Fund was expanded again by adoption of Resolution
34-87 on May 12, 1987 to include telephone equipment and operations. The telephone equipment and
operations function was removed from the Equipment Rental and Revolving Fund in the 2014 budget
process by establishment of the Information Technology Fund#500; and
WHEREAS, Resolution 57-00 was adopted on June 20, 2000 establishing all computer systems,
telephone systems, vehicles, and public works equipment shall be controlled by Equipment Rental and
Revolving Fund;
WHEREAS, the Mason County Sheriff, after considerable review and analysis in 2012 and 2013, entered
into a vehicle lease agreement in 2014 as this proved to be an efficient method for the County to acquire
necessary vehicles;
WHEREAS, on October 1, 2019 a Request for Proposals was issued for County Fleet Leasing and
Maintenance Services. One proposal was received and on January 14, 2020 the Mason County
Commissioners made the decision to enter into a fleet management lease agreement and remove all
Current Expense and Public Health vehicles from the Equipment Rental and Revolving Fund.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF MASON COUNTY COMMISSIONERS to
amend Resolutions #1277 and #57-00 and delete Resolution #34-87 removing all Current Expense and
Public Health Fund vehicles and equipment and all computer and telephone systems from the Equipment
Rental and Revolving Fund and direct the Equipment Rental and Revolving Fund staff to work with the
appropriate staff for a smooth and efficient transition of vehicles and equipment.
ADOPTED this 215'day of January, 2020
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
ATTEST:
Sharon Trask, Chair
Melissa Drewry, Clerk of the Board
APPROVED AS TO FORM: Randy Neatherlin, Commissioner
Tim Whitehead, Chief Deputy Prosecuting Kevin Shutty, Commissioner
Attorney
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Patsy Robinson, District Court Administrator Action Agenda _xx
George A. Steele, District Court Judge Public Hearing
Other
DEPARTMENT: District Court EXT:
DATE: 1/21/2020 Agenda Item #
Commissioner staff to complete)
BRIEFING DATE: 1/13/2020
BRIEFING PRESENTED BY: Patsy Robinson
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM:
Dispute Resolution Surcharge and distribution of funds
Background: Effective January 1, 2020, Mason County District Court requires mandatory
Dispute Resolution on all Small claims cases per local court rule LCRLJ 6(A).
Per RCW 7.75.035 states that a County Legislative Authority may impose a surcharge of up to ten
dollars on each civil filing fee in district court and a surcharge of up to fifteen dollars on each filing fee
for small claims action for the purpose of funding dispute resolution centers established under this
chapter.
The Board of County Commissioners have authorized the expenditures & revenue in the 2020 budget.
Any surcharge imposed shall be collected by the clerk of the court and remitted to the county treasurer
for deposit in a separate account to be used solely for dispute resolution centers established under this
chapter. Money received under this section is not subject to RCW 3.62.020(2) OR 3.62.090. The
accounts created pursuant to this subsection shall be audited by the state auditor in accordance with
RCW 43.09.260
RECOMMENDED ACTION:
Resolution imposing surcharge of $ 10.00 for each civil filing fee in district court and a
surcharge of $ 15.00 for each small claim filing in district court for purposes of funding
dispute resolution center with Thurston County Dispute Resolution Center.
Authorizing the County Treasurer to forward the amount of revenue collected and deposited
for Dispute resolution to the Dispute Resolution Center of Thurston County on a monthly
basis.
Attachment(s): Proposed Resolution
Copy of the contract with Dispute Resolution Center of Thurston County
1/9/2020
C)
Dispute Resolution Center
OF THURSTON COUNTY
Mason County District Court
Dispute Resolution Contract
Organizational Commitment:
The Contractor (Dispute Resolution Center)agrees to provide dispute resolution services for
Mason County District Court, as authorized in RCW 7.75 and supported locally via LCRLJ 6(A),
which include but are not limited to community dispute resolution and community training and
education, including administration of the Small Claims Mediation Program for Mason County
District Court.
Scope of Service:
1. Promote alternative dispute resolution as a peaceful means for resolving disputes.
2. Provide mediation services for District Court, and Small Claims Court, as referred.
3. Manage a practicum program by:
a) Providing trainingfor individuals interested in learning the interest-based mediation
model;
b) Managing on ongoing application processforindividuals interested in becoming
certified and remaining certified; &,
c) Managing a training program consistentwith the standards outlined by Resolution
Washington,the statewide consortium of dispute resolution centers.
4. Manage a certified mediator roster and ensure mediators have educational opportunities to
maintain certification.
5. Manage the intake process for Mason County District Court cases by:
a)Assessing the general issues in dispute;
b) Describing mediation models and processes; &,
c)Assessing fees in accordancewith the sliding fee scale.
6. Manage the client scheduling process by:
a)Applying fee schedule and fee collection in advance of mediation sessions(not
applicable in Small Claims Court cases); &,
b)Assign suitable mediators for all sessions that meet minimum case requirements(two).
7. Manage the onsite Small Claims Court mediation program by:
a) Providing mediation at designated Small Claims sessions held at Mason County
Courthouse, on the third Friday of each full week of each month.
RESOLUTION NO.
SURCHARGE FOR DISTRICT COURT DISPUTE RESOLUTION
WHEREAS, Effective January 1, 2020, Mason County District Court requires mandatory Dispute
Resolution on all Small claims cases per local court rule LCRLJ 6(A).
Whereas,Mason County District Court will be contracting with Dispute Resolution Center of Thurston
County,and
WHEREAS, Per RCW 7.75.035 states that a County Legislative Authority may impose a surcharge of up
to ten dollars on each civil filing fee in district court and a surcharge of up to fifteen dollars on each filing
fee for small claims action for the purpose of funding dispute resolution centers established under this
chapter.
WHEREAS, Any surcharge imposed shall be collected by the clerk of the court and remitted to the
county treasurer for deposit in a separate account to be used solely for dispute resolution centers
established under this chapter,. Money received under this section is not subject to RCW 3.62.020(2) OR
3.62.090. The accounts created pursuant to this subsection shall be audited by the state auditor in
accordance with RCW 43.09.260
WHEREAS, The Board of County Commissioners have authorized the expenditures & Revenue in the
2020 budget.
NOW, THEREFORE BE IT RESOLVED by the Board of Mason County Commissioners to authorize a
surcharge of up to ten dollars on each civil filing fee in district court and a surcharge of up to fifteen
dollars on each filing fee for small claims actions for the purpose of funding dispute resolution centers
established under this chapter. (RCW 7.75.035)
Any surcharge imposed shall be collected by the clerk of the court and remitted to the county treasurer
monthly for deposit in a separate account. Account# 00 1.000000.100.174.
The County Treasurer shall forward the amount of revenue collected and submitted to account number
00 1.000000.100.174 for dispute resolution monthly to: Dispute Resolution Center of Thurston County.
Adopted this of 2020. BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Sharon Trask, Chair
Melissa Drewry, Clerk of the Board
Randy Neatherlin, Commissioner
APPROVED AS TO FORM:
----------- Kevin Shutty, Commissioner
Tim hitehead, Chief DPA
J:\FORMS\Administrative\Budget\Briefing items\2020 briefings\Resolution for Dispute Resolution draft.docx
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Dawn Twiddy Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 422
COMMISSION MEETING DATE: Agenda Item # g.
(Commissioner staff to
complete)
BRIEFING DATE: 1/21/20
BRIEFING PRESENTED BY: Dawn Twiddy
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval for the Chair to sign the AIG Storage Tank Third Party Liability
TankGuard Renewal Warranty Acknowledgement Form to bind coverage effective April
21, 2020 - April 21, 2021.
Background: The County's fuel storage tank insurance policy renews on April 21,
2020. This policy provides coverage for the county's fuel storage tank systems. Arthur
J. Gallagher Risk Management Services, Inc. is the County's assigned Broker through
the Washington Counties Risk Pool.
RECOMMENDED ACTION: Approval for the Chair to sign the AIG Storage Tank
Third Parry Liability TankGuard Renewal Warranty Acknowledgement Form to bind
coverage effective April 21, 2020 - April 21, 2021.
Attachment: AIG Storage Tank Third Party Liability TankGuard Renewal Warranty
Acknowledgement Form
chamber
insurance agency services
20 Commerce Drive Toll Free:800.336.2007
Second Floor Fax:973.731.2288
Cranford,N.J.07016 www.chamberagent.com
December 16, 2019
Mason County
411 N. Fifth Street
Shelton, WA 98584-
IMPORTANT RENEWAL NOTICE
Re: AIG TankGuard® Program
Insured: Mason County
Policy Number: PLC001926399
Expiration Date : 4/21/20
Dear Insured:
We are pleased to announce that we have further streamlined and improved
the renewal process for the TankGuard® program.
As you know, the above TankGuard° policy is scheduled for renewal with
Commerce & Industry Insurance Company on the date indicated above.
In order to renew the above coverage, we will simply require that you
complete the enclosed Renewal Warranty Statement. We are very pleased
to advise that upon our receipt of the fully completed Renewal Warranty
the captioned policy will now be automatically renewed. We will no longer
require a fully complete application unless there have been material
changes to the risk.
We ask that you please complete the enclosed Renewal Warranty Statement
and promptly forward it to your agent/broker:
Arthur J. Gallagher Risk Management
1501 Market Street, Suite 250
Tacoma, WA 98402-
Please note, that we will need to receive the completed Renewal Warranty
Statement from your agent/broker within 35 days of the date of this
letter. We will not be able to automatically renew the above policy
until we have received your fully completed Renewal Warranty Statement .
Please note that if we do not receive the Warranty Statement within
this time frame, State Insurance Regulations require us to send a notice
of non-renewal to you.
State Insurance Regulations also require that we provide advance notice
of any material changes in terms and conditions of your current coverage
and/or changes to underwriting guidelines . Therefore, we must advise you
that your policy may be renewed with different rates, terms and conditions
Mason County
December 16, 2019
Page 2
resulting from increased exposure or from rate increases as approved by
the applicable state agency.
In closing, we remind you that your policy is a "claims-made" form,
requiring that claims be made against the insured and reported to the
Company during the policy period for coverage to be provided, subject
to all terms, conditions and exclusions . Therefore, if your policy is
not renewed, there will be no coverage for any claims reported subsequent
to your policy' s expiration date unless an Extended Reporting Period is
purchased. Instructions for purchasing an Extended Reporting Period
Endorsement are provided in your policy.
Should you have any questions concerning the enclosed material, please
have your agent contact us .
Very truly yours,
CHAMBER INSURANCE AGENCY SERVICES, L.L.C.
Ana Hormilla
ahormilla@chamberagent . com
cc: Ms . Vicki Alridge
Arthur J. Gallagher Risk Management
1501 Market Street, Suite 250
Tacoma, WA 98402-
IAIGI
Storage Tank Third Party Liability
TankGuard ® Renewal Warranty
NAMED INSURED: Mason County
INSURER: Commerce and Industry Insurance Company
POLICY NUMBER: PLCO01926399
POLICY PERIOD: 4/21/20 - 04/21/21
The undersigned warrants and represents that there have been no changes to the schedule of covered tanks or
locations:
THIS RENEWAL WARRANTY DOES NOT BIND THE APPLICANT TO BUY, OR THE COMPANY TO ISSUE THE
INSURANCE, BUT IT IS AGREED THAT THIS FORM SHALL BE THE BASIS OF THE CONTRACT SHOULD A POLICY
BE ISSUED, AND IT WILL BE ATTACHED TO THE ORIGINAL APPLICATION AND MADE A PART OF THE POLICY.
THE UNDERSIGNED APPLICANT DECLARES, WARRANTS AND REPRESENTS THAT THE STATEMENTS SET
FORTH IN THIS WARRANTY ARE TRUE AND THAT NO MATERIAL FACTS HAVE BEEN SUPPRESSED OR
MISSTATED. THE APPLICANT FURTHER DECLARES, WARRANTS AND REPRESENTS THAT IF THE
INFORMATION SUPPLIED ON THIS WARRANTY CHANGES BETWEEN THE EXECUTION DATE OF THE
WARRANTY AND THE RENEWAL POLICY EFFECTIVE DATE, THE APPLICANT WILL IMMEDIATELY NOTIFY THE
COMPANY OF SUCH CHANGES, AND THE COMPANY MAY WITHDRAW OR MODIFY ANY OUTSTANDING
QUOTATIONS AND/OR AUTHORIZATION TO BIND THE INSURANCE.
ALL WRITTEN STATEMENTS AND MATERIALS FURNISHED TO THE COMPANY IN CONJUNCTION WITH THE
MOST RECENT LONG FORM APPLICATION AS WELL AS THE RENEWAL WARRANTY SIGNED HEREUNDER ARE
INCORPORATED BY REFERENCE INTO THIS APPLICATION AND MADE A PART THEREOF.
In the event that the company issues a policy, the undersigned acting on behalf of the applicant and all
proposed insureds, acknowledges that the company, in providing coverage, will have relied upon, as
representations, the declarations and statements which are contained in or attached to or incorporated by
reference into this warranty and which are incorporated into the policy.
If the insured would like an indication for higher limits, please indicate.
LIMITS DESIRED: (each incident/aggregate)
❑ $1 million/$1 million $1 million/$ 2 million ❑ $2 million/$2 million
❑ OTHER:
DEDUCTIBLE DESIRED: (each incident)
❑ $5,000 ❑ $10,000 ❑ $25,000 A$50,000 ❑ $100,000
For Deductibles above $50,000, please include your most current audited financial statement.
91177 (03/17)
A 1 G71
Renewal Warranty Acknowledgement
APPLICANT: BROKER: Arthur J. Gallagher Risk Management
Mason C48"QT) 1501 MarPeq Street, Suite 250
PPLICANT: Tacoma, WA 98402-
(Print Name) (Street Mailing Address)
DATE: Ms . Vicki Alridge
(Contact person)
(Phone#, Fax#,Email Address)
(Signature of Broker or Agent)
247654
(License Number and State)
36-2102482
(Tax I.D.#)
Please note that if you are planning on adding either additional tanks or locations to this policy, the Company
requires that we first receive a fully completed renewal application within thirty(30)days of the policy expirations
expiration date. Please visit our website www.chamberagent.com to download to application.
NOTICE TO APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY
INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF
CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR, CONCEALS, FOR THE PURPOSE OF
MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO, COMMITS A FRAUDULENT
ACT, WHICH IS A CRIME AND SUBJECTS SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES.
91177 (03/17)
1
POLICYHOLDER DISCLOSURE NOTICE OF
TERRORISM RISK INSURANCE ACT (TRIA)COVERAGE
You are hereby notified that under the Terrorism Risk Insurance Act, as amended, that you have a right to
purchase insurance coverage for losses resulting from acts of terrorism. As defined in Section 102(1) of the
Act: The term "act of terrorism" means any act or acts that are certified by the Secretary of the Treasury—
in consultation with the Secretary of Homeland Security, and the Attorney General of the United States—to
be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or
infrastructure; to have resulted in damage within the United States, or outside the United States in the case
of certain air carriers or vessels or the premises of a United States mission; and to have been committed by
an individual or individuals as part of an effort to coerce the civilian population of the United States or to
influence the policy or affect the conduct of the United States Government by coercion.
YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM
CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES
GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN
OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS.
UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85% THROUGH 2015; 84%
BEGINNING ON JANUARY 1, 2016; 83% BEGINNING ON JANUARY 1, 2017; 82% BEGINNING JANUARY 1, 2018;
81% BEGINNING JANUARY 1, 2019 and 80% BEGINNING ON JANUARY 1, 2020 OF COVERED TERRORISM LOSSES
EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE
COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY
CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.
YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100
BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES
RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR
YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $100 BILLION,
YOUR COVERAGE MAY BE REDUCED.
Unless you or your insurance broker on your behalf, REJECTS in writing to the Company Terrorism Coverage
under the Terrorism Risk Insurance Act as amended, you will be covered for Terrorism as defined in the Act
and your prospective premium for that coverage is based upon which coverage option you choose (Coverage
options setting forth limits, policy term, etc. are set forth in the attached letter of indication).
Terrorism Act Premium: $135
1 hereby decline to purchase terrorism coverage for certified acts of terrorism. I understand that I
will have no coverage for losses resulting from certified acts of terrorism.
Commerce and Industry Insurance Company
Return to: Chamber Insurance Agency LLC
Policyholder/Applicant's Signature 20 Commerce Drive, 2nd Floor
Cranford, NJ 07016-3617
Policyholder/Applicant's Printed Name
Mason County
Date Pol# : 001926399
Quote#: 103640
121187 (01/16)
C15974
PAGE 1 OF 1
2
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Frank Pinter Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 530
COMMISSION MEETING DATE: 1/21/20 Agenda Item # 5
(Commissioner staff to
complete)
BRIEFING DATE: 1/13/20
BRIEFING PRESENTED BY:
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval to reclassify the Database/Web Technician to a Systems Administrator
and place the incumbent at Salary Step 6, effective February 1, 2020.
Background: Resolution 71-15 amended the Personnel Policy adding Chapter 5.3
Reclassification with an effective date of January 1, 2016. Reclassifications are
reallocations of positions from one class to another as a result of changed duties,
responsibilities, and/or authority of a position. . A classification analysis focuses upon
the qualifications, responsibilities, tasks, and duties of the position and not the
qualifications of the incumbent in the position.
The following factors may be considered as evidence of possible eligibility for
reclassification: a. A majority of job duties have changed to the extent they are more
accurately reflected in another existing classification description; b. A majority of job
duties have changed to the extent the job entails a different skill set, which requires
increased education or experience in order to perform essential job functions.
The Database/Web Technician meets the requirements as outlined in the
reclassification policy to be reclassified to a Systems Administrator.
The 2020 budget impact for this reclassification is $6,786.
RECOMMENDED ACTION: Approval to reclassify the Database/Web Technician to a
Systems Administrator and place the incumbent at Salary Step 6, effective February 1,
2020.
Attachment: None
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Diane Sheesley, County Engineer
Phil Franklin ROW Agent
DEPARTMENT: Public Works EXT: 450
BRIEFING DATE: January 13, 2020
PREVIOUS BRIEFING DATES: November 4, 2019
If this is a follow-up briefing, lease provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human
Resources ❑ Legal ❑ Other— please explain
ITEM: Road Vacation #399 — Hearings Examiner Recommendation
EXECUTIVE SUMMARY: Public Works received a request to vacate a portion of
West Walnut Street that is located adjacent and North of 121 W Walnut Street. This
request has been made by Mary Leighton and she is the owner of the property at
121 W Walnut Street. The 30 foot portion of Walnut Street that she has petitioned
to be vacated appears to have never been opened for public use nor maintained by
Mason County for road purposes. There are also overhead utility lines that pass
through the requested area of vacation.
The required $500 deposit was posted by the petitioner and an Engineer's Report
was prepared before the public hearing on December 11, 2019 with the Hearings
Examiner.
Due to the interest with street connectivity/improvements in the vicinity of the
proposed vacation area from Mason County and the City of Shelton's Public Works
Departments, the Hearings examiner is supporting a recommendation for denial
(Engineer's Report and the Hearing Examiner's findings, conclusion and decision are
attached).
RECOMMENDED OR REQUESTED ACTION: Recommend the Board deny the
petition for vacation of the South half of W Walnut Street laying North of 121 W
Walnut Street in the Plat of Moore's Addition to Shelton Block 4 Lots 1 — 4 based on
the request from the City of Shelton and the lack of alternative access routes to the
general area in the future.
ATTACHMENTS: Resolution
Engineer's Report
Hearings Examiner's Recommendation
RESOLUTION NO.
VACATION FILE NO. 399
IN THE MATTER OF THE VACATION OF THE SOUTH 30 FEET OF WALNUT
STREET THAT LAYS NORHT OF BLOCK 4, LOTS 1-4 IN THE PLAT MORRE'S
ADDITION TO THE CITY OF SHELTON
A RESOLUTION adopting the findings, conclusions and recommendation of the
hearing examiner to deny the vacation of a County road pursuant to chapter 36.87
RCW and chapter 12.20 of the Mason County Code.
WHEREAS, Mary Leighton, has petitioned for the vacation of a portion of a
Mason County road known as Walnut Street;
WHEREAS, the County Road Engineer submitted a report concerning the
proposed vacation, and a notice of hearing was duly published and posted in
accordance with chapter 36.87 RCW; and
WHEREAS, pursuant to RCW 36.87.060, the hearing examiner held a public
hearing on December 11, 2019, and considered the report of the County Road
Engineer, took testimony and evidence, and made a recommendation to the Board of
County Commissioners denying Road Vacation No. 399, requesting the vacation of a
portion Walnut Street.
NOW, THEREFORE BE IT RESOLVED that the Board of Mason County
Commissioners, as follows: That the Board adopts the findings, conclusions and
recommendations of the hearing examiner denying the request for the vacation of a
portion of Walnut Street.
DATED this day of January, 2020
BOARD OF MASON COUNTY
COMMISSIONERS
ATTEST:
Melissa Drewry, Clerk of the Board Sharon Trask, Chair
REVIEWED AS TO FORM: Randy Neatherlin, Vice Chair
Tim Whitehead, Kevin Shutty, Commissioner
Ch. Civil Prosecutor
MASON COUNTY
DEPARTMENT of PUBLIC WORKS
100 W PUBLIC WORKS DRIVE
,i,! v)0 SHELTON, WASHINGTON 98584
MEMORANDUM
DATE: October 18, 2019
TO: Mason County Hearings Examiner
FROM: Phil Franklin, Right of Way Agent, for Diane Sheesley , County Engineer
Cc: Loretta Swanson, Public Works Director
SUBJECT: ENGINEER'S REPORT— ROAD VACATION FILE NO. 399
Vacation of South 30 feet of W. Walnut Street Adjacent to Block 4 between N 3"
And N 4 1 Street
Background:
Mary Leighton, 121 W Walnut Street, has petitioned Mason County Public Works to vacate the
unopened 30 feet of W Walnut Street that lays adjacent to her property that is located at 121 W Walnut
Street.This requested vacation area is located North of Ms, Leighton's property and is what would be
the south 30 feet of W Walnut Street that was dedicated in Moore's Addition to the City of Shelton Plat.
This plat was dedicated in 1937.
Ms. Leighton purchased this property in March of 2016 on a bank repossession sale from US Bank
National Association TRS.
Ms. Leighton is asking for this vacation because the street was never opened and the area where the
street would be located is not maintained.
In compliance with RCW 36.87.40, at the Board of County Commissioners and County Engineer's
direction, Public Works Department staff examined the portion of road right-of-way requested to be
vacated and solicited comments on the proposed vacation. Our findings are the following:
1. The dedicated street is not presently in use by the public.
2. The road is classified as "Class A" per MCC 12.20.040 and no compensation for fee simple interest or
appraisal is due prior to vacation.
3. The proposed vacation area is located in the City of Shelton's Urban Growth Area(UGA).
The City of Shelton requests the vacation not be allowed because of possible connectivity to the
general area if needed in the future. Please see exhibit enclosed as documentation on the City of
Shelton's input to the possible vacation of requested area.
4. PUD 43 has a utility pole located within the requested vacation area and an easement must be
retained for utility purposes. Because of a recently constructed wood fence, PUD has questions on
how they are going to be able to access the utility pole if service is needed.
5. Current access to the surrounding area is limited with one two way access on W Poplar Street and a
one way street on Moore Avenue that allows traffic to only flow on to Northcliff Road but does not
allow traffic to exit off of Northcliff Road on to Moore Ave.
Public Notice
Public notice has been provided as required by RCW 36.87.050, both by posting at the site and by
publishing in the county official newspaper.
Recommendation
Public Works recommends the vacation of the South 30 feet of Walnut Street that is located North of
Block 4 lots 1—4 in Moore's Addition to the City of Shelton, as petitioned, not be allowed based on the
request from the City of Shelton and the lack of alternative access routes to the general area in the
future.
Hearing Examiner Options
1. Find that this vacation meets the standards established by state law and recommend the vacation be
granted as petitioned.
2. Find that this vacation fails to meet the standards established by state law and recommend the
vacation be denied.
3. Finding that only part of the vacation as petitioned or recommended by the County Engineer complies
with the law, develop recommendations to grant the compliant portion and deny the other.
Attachments:
• Petition
• Comments from other County and City Departments(6 pages)
• Exhibits 1 -6 Aerials and Pictures of right of way requested to
vacate
• Legal Description
Pave l of 1
Phillip Franklin - Re: Walnut Street Vacation Request
From: Terry Conley
To: Franklin, Phillip
Date: 2/19/2019 7:44 AM
Subject: Re: Walnut Street Vacation Request
CC: Chris Jorgensen
Phil 1,1 met on site with the PUD#3 Chris Jorgensen,We both had concerns about accessing their utilities 24-7.
Chris was going to check to see if they had a written agreement.If there is a written agreement for access to all
of the utilities,I wouldn't have a problem with this vacation.RCW 36.87.140 is a part of this resolution but
doesn't show up on a title report.
Terry
>>> Phillip Franklin 1/30/2019 10:41 AM >>>
Terry and Brenen,
Mary Leighton has put in a petition for a Vacation of a County Road on Walnut Street.
I know both of you are somewhat familiar with this, Brenen, you more than Terry, but cold you both send me an
email of input on how you feel about this request and please make sure to outline any concerns you may have if
it were to be vacated.
The applicant already understands that the PUD has utilities through the area,at least she told me that,but
please let me know of any other concerns you have.
Thanks,
Phil
Phil Franklin
Right Of Way Agent Mason County Public Works 13601427-9670 ext.456 pclf@co.mason.wa.us
Paae 1
tile:///C:/Users/Pdl%AppData/Local/Temp/XPerp%vise/5C6BB')C'110asonniall 10017-53)132-1... 2/2 1/?019
Page 1 of 1
Phillip Franklin - Re: Walnut Street Vacation Request
From: Brenen Profitt
To: Franklin, Phillip
Date: 1/31/2019 6:10 AM
Subject: Re:Walnut Street Vacation Request
Hey Phil,
I have no issues with the vacation of the marked area on Walnut Street.The area is not part of the county
maintained road system.The only thing I see is the utilities that run through the section but that is of no concern
to roads.
Thanks,
Brenen Profitt
Road Maintenance Supervisor
Mason County Public Works
Office-(360)437 9670,x528
Cell-(60)968 9036
>>> Phillip Franklin 1/30/2019 10:41 AM >>>
Terry and Brenen,
Mary Leighton has put in a petition for.a Vacation of a County Road on Walnut Street.
know both of you are somewhat familiar with this, Brenen, you more than Terry, but cold you both send me an
email of input on how you feel about this request and please make sure to outline any concerns you may have if
it were to be vacated.
The applicant already understands that the PUD has utilities through the area,at least she told me that, but
please let me know of any other concerns you have.
Thanks,
Phil
Phil Franklin
Right Of Way Agent
Mason County Public Works J3601427-9670 ext.456
odf0bco.mason.wa.us
Page 2
file:///C:/Users/Pdf/AppData/Local/Temp/XPgrpwise/5 C529143 Masonmai 1 l 00175313212... 1/31/2019
RE: Vacation for portion of Walnumt Street Page 1 of 1
Reply I Delete Junk
RE: Vacation for portion of Walnumt Street
® Craig Gregory <craig.gregory@sheltonwa.gov> Reply
r Tue 8/20, 10:45 AM
Phil Franklin
You replied on 8/20/2019 10:48 AM.
Label:MasonCounty(3 months)Expires: 11/18/2019 10:45 AM
Phil,
At this time the City of Shelton would not recommend vacation of the roadways. With the width and
connectivity in the area we would recommend having the option to improve the ROW.
Craig
From: Phil Franklin [mailto:Pdf@co.mason.wa.us]
Sent:Tuesday,August 20, 2019 7:36 AM
To: Craig Gregory<craig.gregory@sheltonwa.gov>
Subject:Vacation for portion of Walnumt Street
Craig,
I have not heard anything back from yourself or any other representative from the City of
Shelton since my last email to you that included the original email and attachments that
described the requested street vacation by Mary Leighton for the vacation of the South 30 feet
of Walnut Street adjacent to 121 W Walnut Street.
I have attached the petition that I received from Ms. Leighton, again, for your review. I would
appreciate an email response from you by Friday the 23rd of August and if not I will assume that
the City has no comment on this requested vacation.
The reason that I have contacted the city is because this area is in the UGA and I believe that city
utilities are located in the general area of Walnut street.
I look forward to your response and appreciate your response and input.
Regards,
Phil Franklin
Right of Way Agent
Mason County Public Works
The City of Shelton is subject to the Washington Public Records Act,Chapter 42.56 RCW.This message and any
attachments may constitute records subject to public disclosure pursuant to the Act.
Page 3
https:Howa.co.mason.wa.us/owa/ 8/29/2019
Page t of l
Phillip Frauldin- Fwd: Walnut Sheet Vacation Request
From: Michael MacSems
To: Rowen;Kell; gbm
Date: 1/30/2019 12:07 PM
Subject: Fwd: Walnut Street Vacation Request
CC: Dose, Jason; Franklin, Phillip
Attachments: Walnut Vacation.pdf
Does any one have any comments or concerns about vacating an tuiopened section of Walnut St in the
Shelton UGA?I knowthat hying to maintain the grid is important but I'm not sure that this is a concern
in this instance.
Thanks,
Michael
>>> Phillip Franklin 1/30/2019 11:07 AM>>>
Michael,
Yet another Petition for Vacation of a County road.
Mary Leighton has turned in a request for the county to vacate a portion of Walnut Street up on
Northcliff close to the city of Shelton.
I have attached some aerial shots of the area she is requesting to be vacated and I have marked the
approximate area she has requested to be vacated,
Please let me know if you have any questions, comments or concerns on the request and please pass it
along to any of your co-workers that may have any input on the request also.
Please have them contact me if they need to discuss any thing with me about the possible vacation.
Thank you for you time,
Phil
Phil Franklin
Right Of Way Agent
Mason County Public Works
(360)427-9670 ext.456
yd[@.co.gi-ason.wa.us
Page 4
Page l of 2
Phillip Franklin - Re: Fwd: Walnut Street Vacation Request
r�erervwrxc�c+ss+s��ncsju:.v..ara+t�,crlsvm-tnv��v. rays-•rrr»cc��a+remr�'iarrnuxrrr..3�.w.•oc:rr.,turn:•rrr+a_^ srr. xrrrrx.:+siex�Ycct'snrrrasvi.+r.�r'rn��rr�.rz�
From: Michael MacSems
To: Franklin, Phillip
Date: 5/22/2019 3:59 PM
Subject: Re: Fwd: Walnut Street Vacation Request
CC: Rowen, Kell
Phil,
Given that I have received no feed back on your question, I think it is safe to say that the Planning Dept
has no objection to the street vacation.
Michael
>>> Phillip Franklin 5/20/2019 8:13 AM>>>
Michael,
I know you passed this along to other folks in your department to comment on and i can't remember
who it was that sent me an email, but they made the comment that they wanted to contact the City.1
noted in a rettun email that the street is not part of the city that the county owned the street and they
responded with an oh,ok,missed that type of response and I don't believe that I have heard anything
back since.
Could you please check around and see if anyone has anything form me on the Leighton Vacation on
Walnut Street.
Thanks so much,
Phil
Phil Franklin
Right Of Way Agent
Mason County Public Works
13604 427-9670 ext.456
pdf@co.niason.wa.us
co.mason.wa.us
>>> Michael MacSems 1/30/2019 12:07 PM>>>
Does any one have any comments or concerns about vacating an tulopened section of Walnut St ui the
Shelton UGA? I know that trying to maintain the grid is important but I'm not sure that this is a concern
in this instance.
Thanks,
Michael
>>> Phillip Franklin 1/30/2019 11:07 AM>>>
Michael,
Yet another Petition for Vacation of a County road.
Page 5
Page 2 of 2
Mary Leighton has turned in a request for the county to vacate a portion of Walnut Street up on
Northcliff close to the city of Shelton.
I have attached some aerial shots of the area she is requesting to be vacated and I have marked the
approximate area she has requested to be vacated.
Please let me know if you have any questions,comments or concerns on the request and please pass it
along to any of your co-workers that may have any input on the request also.
Please have them contact me if they need to discuss any thing with me about the possible vacation,
Thank you for you time,
Phil
Phil Franklin
[tight Of Way Agent
Mason County Public Wod(s
(360)427-9670 ext.456
rAf0co.mason.wa.us
Page 6
File:///C:/Users/Pdf/AppData/Local/Temp/XPgrpwise/5 CE571 D4Masonmai110017531321... 5/28/2019
Mason Count) WA GIS
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EXHIBIT#6
1
7
BEFORE THE HEARING EXAMINER FOR MASON COUNTY
Phil Olbrechts, Hearing Examiner
RE: Road Vacation No. 399
4 FINDINGS OF FACT,CONCLUSIONS
Request for a Road Vacation OF LAW AND RECOMMENDATION
6
7 SUMMARY
8 The petitioner, Mary Leighton, has petitioned for vacation of the south 30 feet of W.
Walnut St. located along the northern side of her property at 121 W. Walnut St. It is
9 recommended that the Commissioners deny her request.
10
This is an unusual vacation request in that it implicates a neighbor dispute over the need
11 for the vacation. Ms. Leighton,the petition,lives on the south side of the vacation area
and Mr. Clevenger lives on the north side. Ms. Leighton claims the vacation area
12 encroaches into her home. Mr.Clevenger states he will need the vacation area to serve
as access to his 7.5-acre lot, which he would like to subdivide and which is located in
13 Shelton's Urban Growth Area.
14
Ms. Leighton claims that a 2019 survey that she didn't submit into the record depicts
15 the right of way line as abutting her garage and going through a portion of her home.
When her house was constructed in 1973 the house and garage was subject to a 25-foot
16 setback to the right of way and all the permits on record for the home and subsequent
17 improvements identified that the setback standard was met. Other than Ms. Leighton's
testimony, there is no basis from the record to conclude that the right of way does in
18 fact encroach into Ms. Leighton's home. At the hearing, the County did not take any
position on whether the right of way encroached into Ms. Leighton's home. Mr.
19 Clevenger stated the right of way does not encroach into Ms. Leighton's home, but he
provided no evidence on that point.
20
21 Mr. Clevenger's lot is 7.5 acres within Shelton's urban growth area and he may want
to develop it someday into nine building lots. He has another potential access point
22 further to the east on W Walnut St, but that access point is at least partially blocked
with a well and Mr. Clevenger claims access is not feasible at the well location.
23
The County's Right of Way Agent, Phil Franklin, on behalf of the County Engineer,
24 recommends against approval of the vacation because it would eliminate a secondary
25 access point for the properties in the vicinity of Ms. Leighton's property. Since
vacation area is located in Shelton's Urban Growth Area, Mr. Franklin also asked
Shelton's City Engineer if thy had any issues with the proposed vacation. The email
response from the City Engineer was "[ajt this time the City of Shelton would not
Road Vacation P. 1 Findings, Conclusions and Decision
recommend vacation of the roadways. With the width and connectivity in the area we
would recommend having the option to improve the ROW." See Ex. 1 attachment,
email from Craig Gregory dated August 20,2019.
Ms. Leighton maintained at the hearing that improvement of the vacation area would
not be practical since it would necessitate the improvement of 4t' Street on the west
4 side of her home, which in turn would create a 4a' Street intersection at Northcliff at
the same location as the current Poplar/Northcliff intersection. She also claims that the
5 right of way would have to be widened from 30 feet to 60 feet, thereby necessitating
6 the removal of her home and potentially another home. Finally, she claims that the
vacation area is too steep for improvement. When questioned by the Examiner, Mr.
7 Franklin acknowledged that the vacation area is steep,but that it is less steep than any
other right of way area that could between the vacation area and Shelton to provide
8 enhanced access. Ms. Leighton believes that alternative access points would be more
feasible,such as extending third street south through an undeveloped parcel to connect
9 to Northcliff.
10
As the Commissioners can see, there are many moving parts to this vacation
I 1 Ultimately,the prudent course of action at this point is to not vacate the area. Both the
County and City engineering departments have recommended against the vacation
12 because of the need for better connectivity in that area. The need to keep options open
for road development is highlighted by Mr. Clevenger's property. As the
1 commissioner's no doubt know, infill development at urban densities is highly
14 encouraged by the Growth Management Act for property within urban growth areas.
Good street connectivity is integral to the safe and efficient development of any
15 urbanized area. A review of the assessor maps and aerial photographs attached to Mr.
Franklin's report shows a hodgepodge of right of way widths and street connections
16 that could use improvement as opined by the County and City engineering departments.
17 As noted in Mr.Franklin's report,current access to the surrounding area is limited with
one two way access on W Poplar Street and a one way street on Moore Avenue that
18 allows traffic to only flow on to Northcliff Road but does not allow traffic to exit off
of Northcliff Road on to Moore Ave. Given the proximity of the vacation area to Mr.
19 Clevenger's property, the County may very well need part of the vacation area for
proper alignment of Walnut Street access or to accommodate necessary street
20 improvements.
21 If and when Ms. Clevenger develops his property may be the time to alter the right of
22 way line along Ms. Leighton's property when the County's access needs are more
precisely defined. Further, if Ms. Leighton at some point has problems acquiring title
23 insurance because of a right of way encroachment into her home, at that point as well
the County could consider a partial vacation to the extent necessary to remove the
24 encroachment.
25
Road Vacation p. 2 Findings, Conclusions and Decision
TESTIMONY
1
Phil Franklin,Mason County Right of Way Agent, summarized the proposed vacation.
Mr. Franklin identified that Mary Leighton has petitioned for the vacation and it is for
3 a 30-foot portion of walnut street that abuts her property to the north. Mr. Franklin
solicited input on the proposed vacation from the County's utility person,its road crew,
4 and the City of Shelton engineer. PUD was also made aware of the vacation. The road
crew had no objection. Utilities and PUD wanted 24-hour access to the property and
5 Ms. Leighton agreed to that. Shelton's engineer was opposed to the vacation because
6 he felt the street could be improved for better street connectivity. In his engineer's
report, Mr. Franklin also noted that connectivity for the County was an issue for the
7 County. Even though the vacation area is very close to the City it's still in the County
and the County doesn't want to give away something it may have to buy back some
8 day. In response to examiner questions,Mr. Franklin noted there are still some vacant
properties to the north, not many, and the owner of one of them is present to testify.
9 The proposed vacation area is chip sealed up to a fence. Most of the vacation area isn't
10 chip sealed and is not being used currently.
11 Mary Leighton, petitioner, noted that she is requesting the vacation because the
unopened right of way immediately abuts her garage door and runs through her house.
17 Her residence was built in 1973 and at that time there was a 25-foot setback
requirement. Multiple permits have been issued by Mason County over the years for
1 the home with the understanding that this setback was met. Ms. Leighton presented 14
14 County documents from those permits and associated inspections that she believes
documents confirmation of the 25-foot setback. Ms. Leighton purchased her home in
15 2016 and had no idea the setback was any less. A survey done in July 2019 revealed
the actual proximity of the right of way to her home. Ms. Leighton stated that
16 apparently an error was made in measuring the setback 46 years ago when her home
17 was built and that the error has been perpetuated ever since.
18 Ms. Leighton noted that the briefing documents presented to the Commissioners on
November 4, 2019, Ex. 2 to her narrative, gives the impression that the vacation area
19 is separated from her home and garage. She further noted that when the vacation was
presented to the Commissioners on November 4 that none of the Mason County
20 departments objected to it.
21 Ms. Leighton identified that if the 30-foot section of Walnut Avenue had to be
developed along her home, it would have to be widened to 60 feet, which would take
out the remainder of her home as well as potentially another home. Developing the
23 right of way would also necessitate building over a steep incline that would require
additional design and construction expenses because of the difficulties of building on
74 the hill. Widening and developing the vacation area would place it parallel to and only
25 70 feet away from West Poplar. Widening 4t' Street, which connects Northcliff to
Walnut, would place the 4a' St/Northcliff intersection directly at the current stop sign
of the West Poplar/Northcliff intersection, creating a traffic bottleneck.
Road Vacation p. 3 Findings,Conclusions and Decision
Ms. Leighton posited that a better alternative to improving the vacation area for
1 improved connectivity would be to lengthen 3'd Street, which is already 60 feet wide,
to intersect with Northcliff Road. This would require an extension across a narrow
strip of undeveloped land and would intersect Northcliff Road some distance from
3 where West Poplar Street intersects Northcliff Road. Ms. Leighton noted that
additional alternatives exist at 2nd street and both up and down Northcliff Road where
4 constructing additional roadways would not cause access problems at West Poplar
Street and would provide improved access to the area.
J
6 Ms. Leighton noted that the other property owner adjoining the vacation area, on the
north side, Brian Clevenger, has proposed to divide his property into 9 building lots.
7 There is direct access to this property via the 60-foot section of W. Walnut St. that is
connected to 2"d Street. Mason County Planning advised her that only one access is
8 necessary for development of up to 50 building sites. In addition, Mr. Clevenger has
access to a 30-foot driveway at the other end of his property that connects to the
9 intersection of W. Walnut Street and 3'd Street.
10
Brian Clevenger, neighbor, asserted that much of the information in the application is
1 1 not true. It says it has the signatures of adjacent property owners but he was never
asked about it and his property adjoins the vacation area on the north side. He has 7.5
12 acres and he doesn't have a 60-foot access as asserted by Ms. Leighton. It's only a 30-
13 foot access. Access from that side is problematic because there's a well there. He
believes the vacation petition was prompted by his need to use the vacation area to
14 access his property. Ms.Leighton has developed the vacation area as her driveway and
has a fence built into it. He wants to keep the option open to develop his property. The
15 City also needs the area to run utilities for Walnut Street. Mr. Clevenger asserted that
it's not true that the right of way goes through her house and there's no reason why a
16 second house would have to be removed to widen the right of way. In response to
17 Examiner questions Mr. Clevenger responded that he would not have a problem
dedicating property to the County to widen Walnut St. when he develops his property.
18
In response to Examiner questions, Mr. Franklin responded that the owner of Lot 2
19 across the street had signed the petition. The examiner inquired whether there would
be any objections over him looking at assessor records to determine ownership of
20 adjoining parcels and there were none. As to the aerial presented to the Commissioners
21 on November 4,the x's just represented the general area of the vacation area and it was
not intended to be exact.
72
Ms. Leighton stated she just replaced fences where they were when she purchased the
2 property. She's not moving her fences into the right of way. She also noted that Mr.
Clevenger has access on both ends of his property and she just wants to get the right of
24 way off of her home.
25
In response to Examiner questions regarding whether topography at the vacation area
was suitable,Mr.Franklin stated that placing a road in the vacation area would be better
than placing a road anywhere before there as you come up from Shelton because
Road Vacation p. 4 Findings, Conclusions and Decision
i
i
anything prior to that area is steeper. The vacation area is on a slope but it's not as bad
1 as other slopes in the area.
EXHIBITS
3
Exhibit 1: October 18, 2019 Petition for Street Vacation with attachments (Petition,
4 comments from County and City Departments, vacation area map and
5 photographs)
6 Exhibit 2: Photograph of vacation area.
Exhibit 3: Leighton Narrative
7 Exhibit 4: Clevenger Survey
Exhibit 5: December 10, 2019 letter from Stephen Whitehouse
8
9
FINDINGS OF FACT
10
Procedural:
11
12
1. Hearing. A hearing on the petition for vacation was held on December 11,
13 2019.
14 Substantive:
15 2. Site/Proposal Description. Mary Leighton applied for a vacation of The
16 south 30 feet of Walnut Street laying adjacent and North of Lots 1 -4 of Block 4 in the
Plat of Moore's Addition to the City of Shelton,recorded on June 8, 1938 in the Mason
17 County Auditor 's Office Book of Plats, Volume 4 Page 13. The vacation area is
18 currently undeveloped,unopened right of way that was dedicated in 1937.
19 3. Utility of Vacation Area. As stated by representatives from both Mason County
and City of Shelton engineering departments, street connectivity in the vicinity of the
20 proposed vacation area could use improvement and the vacation area could serve that
function. The necessity of the vacation area to the surrounding street system and the
21 need for connectivity is addressed in more detail in the Summary section of this
decision, which should be construed as findings of fact supporting a recommendation
22 for denial.
23
4. Right of Way as Easement. Mr. Franklin's report, Ex. 1, identifies the vacation
74 area as"Class A"per MCC 12.20.040,which means the County owns the right of way
as an easement as opposed to in fee.
25
5. Administrative Fees. The record does not identify whether the petition has paid the
administrative fee for a vacation request.
Road Vacation P. 5 Findings, Conclusions and Decision
r
6. Vacation Petition. Although Mr.Franklin's report identifies the petition as attached
1 to his report, it was not included in the attachment provided to,the examiner or
presumably the public. At the hearing Mr.Clevenger questioned the sufficiency of the
petition since he, as the adjoining property owner to the north, had not signed it. It's
3 unclear from the record whether the 30-foot right of way width subject to vacation
extends all the way to Mr. Clevenger's property line. However, even if it does, the
4 majority of abutting property owners would still be construed as having signed the
petition since Ms. Clevenger and Mr. Franklin testified that she acquired the signature
of another property owner on the north side of the vacation area. Since Ms. Leighton
6 owns all the abutting property on the south side of the vacation area, any participation
of an abutting property owner to the north would result in the majority of abutting
7 property having requested the petition.
K
9 CONCLUSIONS OF LAW
1p Procedural:
1 1 1. Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner
with the authority to review road vacation applications and make a recommendation to
12 the Mason County Board of County Commissioners.
l3
Substantive:
14
2. Review Criteria and Application. Chapter 12.20 MCC sets forth the requirements
1 for vacation of roads. Furthermore, MCC 12.20.010 provides that County roads may
16 be vacated in accordance with the provisions of Chapter 36.87 RCW. Applicable
review standards for vacation under Chapter 12.20 MCC, as well as those in Chapter
17 36.87 RCW, are quoted in italics below and applied via corresponding conclusions of
law.
18
19 MCC 12.20.010: County roads may be vacated in accordance with the provisions of
20 RCW 36.87, and Mason County may require as a condition precedent to the vacation
the receipt of just compensation from the person or persons benefiting from the
21 vacation.
22 RCW 36.87.020: Owners of the majority of the frontage on any county road or portion
23 thereof may petition the county legislative authority to vacate and abandon the same
or any portion thereof. The petition must show the land owned by each petitioner and
24 set forth that such county road is useless as part of the county road system and that the
public will be benefited by its vacation and abandonment. The legislative authority
25 may:
Road Vacation p. 6 Findings, Conclusions and Decision
i
(1) require the petitioners to make an appropriate cash deposit or furnish an
1 appropriate bond against which all costs and expenses incurred in the examination, ,
report, and proceedings pertaining to the petition shall be charged; or
(2) by ordinance or resolution require the petitioners to pay a fee adequate to cover
such costs and expenses.
4 RCW 36.87.060: If the county road is found useful as apart of the county road system
it shall not be vacated, but if it is not useful and the public will be benefited by the
5 vacation, the county legislative authority may vacate the road or any portion thereof.
6 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms
7 to the requirements of the statutes quoted above. As determined by the findings of fact,
the petitioners own the property abutting the proposed vacation area. The petitioners
8 have paid $500 in application fees as required by County regulations. As determined
in Finding of Fact No. 3, the vacation area is not useful as a part of the county road
9 system and the public will benefit by approval of the vacation.
10
MCC 12.20.040: For the purpose of vacating county roads, all roads shall be
1 1 classified as follows:
12 (1) Class A. All roads for which the right-of-way is an easement.
(2) Class B. All roads for which the right-of-way is owned in fee simple and for which
1' the county paid full fair market value of the fee simple estate.
14
4. Vacation Area Oualifies as Class A Road. As determined in the findings
15 of fact, the right of way subject to the requested vacation is an easement and therefore
qualifies as a Class A road.
16
17 MCC 36.87.090: Any county road, or part thereof, which remains unopen for public
18 use for a period of five years after the order is made or authority granted for opening
it, shall thereby vacated, and the authorityfor building barred by the lapse of time:
19 Provided, that this section shall not apply to any highway, road street, alley or other
public place dedicated as such in any plat, whether the land included in such plat is
20 within or without the limits of an incorporated city or town, or to any land conveyed by
21 deed to the state or any county, city or town for highways, roads,streets, alleys or other
public places.
22
5. Vacation Area Likely Already Vacated Under Ancient Right of Way
23 Statute. RCW 36.87.090, quoted above, is referred to as the Ancient Right of Way
statute. Due to amendments made to the original statute in 1909, a court has ruled that
24 the statute generally operates to vacate roads that were dedicated prior to March 11,
-�2_ 1904 and remained unused for a period of at least five years. See Gillis v.King County,
42 Wn.2d 373 (1953). The vacation area was dedicated in 1937 and therefore not
subject to vacation by RCW 36.87.090.
Road Vacation p. 7 Findings, Conclusions and Decision
i
1 MCC 12.20.050: Any person or persons desiring to have any portion of any county
road vacated shall be required by the Mason County Board of County Commissioners
as a condition precedent to the vacation to compensate the countyprior to the vacation.
3 The compensation shall include, but not be limited to, the appraised,fair market value
of the county's fee simple interest in the vacated road as of the effective date of the
4 vacation, and the costs of any and all appraisals deemed necessary by[...]the Hearing
Examiner or the Board of County Commissioners, together with any and all
5 administrative costs incurred by the county in vacating the road. Said administrative
6 costs shall include the costs of the Hearing Examiner in holding the public hearing and
reporting recommendations to the Board of County Commissioners. Such
7 compensation must be paid to Mason County within six months of the date the vacation
was approved by the Mason County commissioners or the vacation shall be null and
8 void.
9 6. Required Administrative Fees Paid. The County does not have a fee interest
10 in the vacation area so no compensation is required for the value of the vacation area
under the ordinance quoted above. As to administrative costs, if the County does not
1 1 approve the vacation as recommended, no compensation is required under the
ordinance quoted above because it only requires compensation as a condition precedent
1'- to approval of the vacation. However, administrative costs are still due pursuant to
MCC 12.20.080 as addressed below.
l3
14 MCC 12.20.060: (a) The county shall require,as a condition precedent to the vacation
of roads or portion thereof within the classifications set forth in Section 12.20.040, that
15 persons benefiting from the vacation thereof compensate Mason County as set forth in
the following schedule:
16
17 (1) Class A roads. No compensation other than for the administrative costs of the
vacation action;
18 (2) Class B roads. One hundred percent of the appraised,fair market value.
19 5. No Compensation Required. No compensation for the fair market value of
the road is required because the road qualifies as a Class A road.
20
1 MCC 12.20.080: Each petition for vacation of a road shall be accompanied by a bond
or cash deposit of a minimum of five hundred dollars, which shall be used to defray
examination, report, publication, investigation and other costs connected with the
application. When deemed necessary by the county engineer, an additional deposit
3 amount may be required to cover appraisal or other costs. Board of County
Commissioners[sic]For anypetition, whether granted or denied,for which the deposit
24 exceeds the total costs, the excess deposit shall be refunded to the petitioner. For any
25 petition, whether granted or denied,for which the costs exceeds the deposit, the excess
shall be billed to the petitioner and be due and payable immediately.
Road Vacation p. 8 Findings,Conclusions and Decision
1
6. Required Deposit Paid. The record does not identify whether any bond has
1 been posted by the petitioner. The ordinance quoted above requires a petitioner to post
2 a bond and pay any deficit in costs whether the petition is "granted or denied."
3
RECOMMENDATION
4
5 It is recommended that the Board of Commissioners deny the proposed vacation.
6 DATED this 1 st day of January, 2020
7
8
9 Phi A.Olbmchts
10 Mason County Hearing Examiner
11
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16
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Road Vacation P. 9 Findings, Conclusions and Decision
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Sheesley, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: January 21, 2020 Agenda Item #
BRIEFING DATE: January 13, 2020
BRIEFING PRESENTED BY: Diane Sheesley and Cyndi Ticknor
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Surplus of Personal Property
BACKGROUND:
ER&R has vehicles and equipment parts list that have been replaced or are no
longer needed. The attached notice lists of all of these items requested to be
declared surplus and disposed of at an auction through Washington State Surplus.
This process is pursuant to the County's comprehensive procedure for the
management of County property (Ordinance 84-04, Mason County Code Chapter
3.40, Management and Disposition of Property) and the laws of the state of
Washington.
RECOMMENDED OR REQUESTED ACTION:
Recommend the Board authorize ER&R to declare the attached list of vehicles and
equipment parts list as surplus and allow ER&R to dispose of pursuant to Mason
County code and state laws.
Attachment:
1. Notice
NOTICE OF SALE
The Board of Mason County Commissioners has declared the following vehicles and equipment as
surplus and will be disposed of at public auction.
Vehicle/Equipment Parts List:
Year Description Odometer
1997 Chevy S10 Pickup 109,248
1994 Chevy Pickup 117,120
1991 Ford Flatbed Crane Lift 48,490
1990 International Patch Box Chassis 67,000
2005 Henderson Sander N/A
1970 Hyster Tire Roller 1000 hrs
1997 Pro-Patch Patch Box N/A
Misc vehicle/equipment parts Obsolete
Auctions will be held through Washington State Surplus Program (7511 New Market Street,
Tumwater, WA 98512; Phone (360) 753-3508) and Ritchie Bros. Auctioneers/Iron Planet (214
Ritchie Lane, Chehalis, WA 98532; Phone: (360) 767-3000). Auction information regarding these
items can be found on the Washington State Surplus web site: www.publicsurplus.com and the
Ritchie Bros. Auctioneers web site: www.rbauction.com.
Dated this day of January, 2020
BOARD OF COUNTY COMMISSIONERS OF
MASON COUNTY,WASHINGTON
Melissa Drewry, Clerk of the Board.
cc: Cmmrs
Engineer
Journal (Shelton): Publ. 1t: 1/30/20&2/6/20
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Sheesley, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: January 21, 2020 Agenda Item #
BRIEFING DATE: January 13 2020
BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Transportation Improvement Program Citizen Advisory Panel (TIP-CAP)
Applications from Tim Lincoln & Phil Wolff
BACKGROUND: The Board created TIP-CAP whose mission "...is to represent citizen
interests throughout Mason County for all modes of travel during the development of the 6-
year TIP." In order to balance interests county-wide, Resolution 53-14 identifies membership
comprised of nine individuals representing: three from each rural area of the Commissioner
Districts, three from each UGA or RAC of each Commissioner District, and three "at-large"
positions representing different modes of transportation such as transit, bicycle/pedestrian,
and freight/trucking.
Currently the advisory panel has three vacant areas District 1-Rural, Bicycle/Pedestrian and District 2 —
Hoodsport/Union UGA. An application has been received by Tim Lincoln, a new member that would fill
the District 1 —Rural vacancy, and Phillip Wolff, whose term expired at the end of 2019, has re-applied
to continue representing the Bicycle/Pedestrian.
Name Represents
Vacant District 1—Rural
Don Pogreba District 3—Rural
Mark Carlson District 3—Shelton UGA
Vacant Bicycle/Pedestrian(resides in District 1)
Jeff Carey District 1—Belfair/Allyn UGA
Jack Johnson Freight/Trucking (resides/property owner
District 1)
Pete Butkus District 2—Rural
Kathy Geist Transit(resides in District 2)
Vacant District 2—Hoodsport/Union UGA
RECOMMENDED OR REQUESTED ACTION: Recommend the Board of County
Commissioners appoint Tim Lincoln and Phillip Wolff to a two-year term on the Transportation
Improvement Program Citizens Advisory Panel (TIP-CAP).
Attachments: Applications
14 LV 1J 1L.VV L1]V{1 VUJ JIJ L JVUII 1JV11U11 VVU LIJ 1VCJJ LC:UIVIIVIM3I'V2dUIU1 1111, 31 SULLY OL 1fdZIN
Clerk Jen ,
r.
" MASON COUNTY COMMISSIONERS
411 NORTH FIFTH STREET
SHE.LTON CAVA 98584
i'J17Sor1 rCti ; Fax 360-427-8437,Voice 360-427-9670, Ext. 419;2754467 or 482-5269
sad ;; C:r�r,ar�issis:,,,tr
I AM SEEKING APPOINTMENT TO TIP-CAP
NE:Tim Lincoln
ADD ,$&700 NE Haven Lake DR PHONE:(380)275-2239
CITY/ZIP:Tahuya 9858E VOTING PRECINCT: WORK PHONE:(360)8015532 cell
1
(OR AREA IN THE COUNTY YOU LIVE) tmlinc6@gmail.com 11
•------------------------- ------------ j
COMMUNITY SERVICE EMPLOYMENT: (1=RETIRED PREVIOUS EXPERIENCE)
None currently�AvoT unfee°rYir'eVig�1er!fhV and COMPANY: John L Scott Belfair 2 years YRS
-D'6Gvatttff ffl-8 s
POSITION: Realtor
COMPANY: Operating Engineers,multiple companies. 4( YRS
POSITION: Heavy Equipment Operator, Foreman
In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying:
Help advise on road and trail construction and maintenance projects based on community need and input.
What interests,skills do you wish to offer the Board,Committee,or Council?
Experienced in heavy highway construction and a lifetime resident of Mason County and my aunt Mary said I had to.
Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board:
(i.e.create a potential conflict of interest)
None
Your participation is dependent upon attending certain trainings made available by the County during regular business hours
(such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be
able to attend such trainings? Yes
Realistically,how much time can you give to this position?
Quarterly x Monthly WBemy Daly Office Use Only
Appointment Date
Signat Date
Term Expire)•late _
Received Time hc. 26. 2019 11 :37AM No. 1904
MASON COUNTY COMMISSIONERS
411 NORTH FIFTH STREET
SHELTON KIA 98584
Fax 3601427-8437: Voice 3601427-9670, ExL 419
1 AM SEEKING APPOINTMENT TO–TRANSEORTATIO RANI
CIT(7FNS ADVI ,QRYPANEL (IIEC.AP�
0 BOARD k1 COMMITTEE [I COUNCIL
NAME:!F
COMMISSIONER DISTRICT J—
I— IrYS7Z
I ADDRESS: 7_?C)o e-/L.4 t7,_j./jl�-W CITY,ZIP:
P1 6,ze z E-MAIL
F NORKPHON b 0 g _Z�c-f
-----------
.......... ............................_T._..-._.._._
COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE)
(ACTIVITIES 09 MEMBERSHIPS)
COMPANY: A -D/L/IZ Y R S
POSITION-
r,eL7-
COMPANY- YRS
1 POSITION:
In your words, what do you perceive is the role or purpose of the Board, committee or
Council for which you are applying:
T 4-JC- /Z. Fog t 1- $4 n
– :,- _�
x r> S 4 ,
IL
What interests, skills do you wish to offer the Board, Committee, or Council?
/7 12 - P rl ,.� J7 S S_1 11 fk
,r LR z 4 4) tZ ii k Llff
Please list any financial, professional, or voluntary affiliations which may influence or affect your position
on this Board: (i.e, create a potential conflict of interest)
r C_-j , 4P,"t u/,9 r n T/ rZ*
Realistically, how much time can you give to this position? 0 Daily
11 Quarterly Monthly 0 Weekly
o
Signature/ ........ D
�D.PLEASE ATTACH ADDITIONAL SHEET FOR(IAORE INFORMATION)
2ol I\COMMITTEE APPLICATION.doc
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Sheesley, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: January 21, 2020 Agenda Item # g
BRIEFING DATE: January 13, 2020
BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Franchise Agreement Applications for Multiple Water Systems— Set Hearing
BACKGROUND:
This is the third in a series of"bundled"water system franchise agreement renewals. The
agreements include updated franchise language with a provision for automatic renewal for
up to three 10-year terms. The third set of water systems that have re-applied for franchise
agreements and to be considered include:
Beacon Point Community Club, Inc. Maggie Lake Water District
Cedar View Tracts Merrimount Water System
Harstine Island Estates Triton Head Water Association
Lynnwood Community Beach Association Twanoh Tides Community Club
BUDGET IMPACT:
Applications are not considered "new" and applicants have paid $300 for each re-application
or renewal of their respective franchises.
RECOMMENDED ACTION:
Recommend the Board set a hearing for Tuesday, February 18, 2020 at 9:15am to consider
approving the franchise agreement applications between Mason County and Beacon Point
Community Club, Inc., Cedar View Tracts, Harstine Island Estates, Lynnwood Community
Beach Association, Maggie Lake Water District, Merrimount Water System, Triton Head
Water Association and Twanoh Tides Community Club, granting permission to run the utility
lines under and across county road rights of way.
Attachments:
1. Franchise agreement application example
2. Description of franchise areas
3. Notice
IN THE MATTER OF THE APPLICATION OF
FOR A FRANCHISE PERMIT TO CONSTRUCT, OPERATE,AND MAINTAIN
UTILITY FACILITIES,
OVER,ALONG AND UNDER COUNTY ROADS AND HIGHWAYS LOCATED IN MASON
COUNTY, WASHINGTON
Application of(Name of Operator) ,
doing business in Washington as ,
with its principal offices located at
by and through(person authorized to actfor and on behalf of applicant) ,
for a franchise to construct, operate and maintain (description of type) utility
facilities in,over,along and under county roads and highways in Mason County,Washington,as set
forth in attached Exhibit `B" (Franchise Area), having come on regularly for hearing before the
County Commissioners of Mason County, Washington, on the day of
20___, at the hour of ' under the provisions of RCW 36.55,RCW
80.32.010 and RCW 80.36.040,and it appearing to the Board that notice of said hearing has been
duly given as required by law, and that it is in the public interest to allow the franchise herein
granted;
NOW THEREFORE,IT IS ORDERED that a non-exclusive franchise be,and the same is hereby
given and granted to Operator,and its successors and assigns,hereinafter referred to as the
Franchisee,for a period of 10 years with automatic renewal at the end of each term of 10 years
unless either party gives the other written notice of termination at least 30 days prior to the end of
the relevant term. (no more than ten years each term and can only be renewed 3 times)from and
after the date of the entry of this order for the purposes,at the location(s),and upon the express
terms and conditions as described herein.
I. DEFINITIONS
For the purposes of this franchise,terms,phrases,words,and their derivations not defined herein that
are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the
Mason County Right-of-Way published by the County Engineer(the"Manual"),shall have the same
meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words
not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary
meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may
be amended,revised,updated,re-enacted or re-codified from time to time.
H. GRANT
The County of Mason hereby grants to the Franchisee a non-exclusive franchise which,once it
becomes effective shall authorize the Franchisee to enter upon the road rights-of-way located
1
within the Franchise Area identified in attached Exhibit`B",for the purpose of installing,
constructing,maintaining,repairing,replacing, adjusting,relocating and operating the utility
facilities,which grant shall be limited to the following described purpose(s):
Such grant is subject to and must be exercised in strict accordance with and subject to this franchise,
Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and
ordinances. Franchisee's exercise of any rights granted pursuant to the franchise is subject to the
exercise of the County's police powers,and other regulatory powers as it may have or obtain in the
future. No rights shall pass to the franchisee by implication. This franchise does not include
permission to enter into or upon the road rights-of-way for any purposes others than the purposes
expressly described herein. Permittee has a duty to notify the County of any change in use or
condition of the utility facilities that may affect the status of the utility facilities or the impact of the
utility facilities upon the road rights-of-way.
III. UTILITY PERMIT REQUIRED
Franchisee shall not commence or perform work(hereafter"Work")to install,construct,maintain
repair, replace adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road
rights-of-way,without first applying for,paying all associated fees,and obtaining a utility permit as
required pursuant to Title 12 of the Mason County Code. In any utility permit so issued,the County
may impose,as a condition of the granting the utility permit,such conditions and regulations as may
be necessary for the protection,preservation and management of the road rights-of-way,including,
by way of example and not limitation, for the purpose of protecting any structures in the road
rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration of
such road rights-of-way and structures,and for the protection of the County and the public and the
continuity of pedestrian and vehicular traffic.
Franchisee shall first file with the County Engineer its application for a utility permit to do such
Work together with plans and specifications in triplicate showing at a minimum:
A.The position,depth and location of all such utility facilities sought to be constructed,laid,
installed or erected at that time,showing their relative position to existing county roads,rights-of-way
or other county property upon plans drawn to scale,hereinafter collectively referred to as the"map of
definite location;
B. The class and type of material and equipment to be used, manner of excavation,
construction,installation,backfill,erection of temporary structures,erection of permanent structures,
traffic control,traffic turnouts and road obstructions;
C. The manner in which the utility facility is to be installed;
D. Measures to be taken to preserve safe and free flow of traffic;
2
E. Structural integrity of the roadway,bridge, or other structure;
F. Specifications for the restoration of the county road,right-of-way or other county property
in the event that the road right of way will be disturbed by the Work; and
G. Provision for ease of future road maintenance and appearance of the roadway.
Provision shall be made for known or planned expansion of the utility facilities,particularly those
located underground or attached to bridges or other structures within the road right-of-way.
The location, alignment and depth of the utility facilities shall conform with said map of definite
location,except in instances in which deviation may be allowed thereafter in writing by the County
Engineer pursuant to application by Franchisee.
All such Work shall be subject to the approval of and shall pass the inspection of the County
Engineer.The Franchisee shall pay all costs of and expenses incurred in the examination,inspection
and approval of such work on account of granting the said utility permits.
IV. RESTORATION OF ROAD RIGHT OF WAY
In any Work which disturbs or causes damage to the road rights-of-way subject to this franchise,
public or private property, the Franchisee shall at its own expense and with all convenient speed,
complete the work to repair and restore the county road right-of-way, or the public or private
property so disturbed or damaged, and leave the same in as good or better condition as before the
Work was commenced,to the reasonable satisfaction of the County Engineer. The Franchisee shall
pay all costs of and expenses incurred in the examination, inspection and approval of such
restoration or repair.
The County Commissioners and/or County Engineer may at any time do,order or have done any and
all work that they consider necessary to restore to a safe condition such County road right-of-way or
other County property left by the Franchisee or its agents in a condition dangerous to life or property,
and the Franchisee,upon demand, shall pay to the County all costs of such work.
V. FRANCHISEE WORK IN RIGHT OF WAY
Franchisee expressly agrees and understands that,with regard to Work within the road rights-of-way:
A. All of Franchisee's utility facilities and Work within the road rights-of-way or other
County property shall be in compliance with the provisions of Title 12 MCC, the Manual, the
administrative regulations adopted by the County Engineer,other County established requirements
for placement of utility facilities in road rights-of-way, including the specific location of utility
facilities in the road rights-of-way, and all applicable laws, rules, regulations and ordinances;
B. In preparing plans and specifications for Work of utility facilities in the road rights-of-
3
way the Franchisee shall use the Manual. Prior to commencement of work in the road rights-of-way,
Franchisee shall submit such plans and specifications to the.Mason County Engineer for review and
approval together with adequate exhibits depicting existing or proposed location of the utility facility
in relation to the road, including right-of-way or easement lines; relationship to currently planned
road revisions,if applicable;and all locations and situations for which deviations in depth of cover
(including the proposed method of protection)or other locational standards that are anticipated;
C. All Work to utility facilities located within the road rights-of-way or other county
property subject to this franchise shall be done in such a manner as not to interfere, other than in
ways approved by the County,with the construction,operation and maintenance of other utilities,
public or private, drains, drainage ditches and structures, irrigation ditches and structures, located
therein,nor with the grading or improvements of such County roads,rights-of-way or other County
property;
D. The owners and operators of all utility facilities (public or private) installed in the
Franchise Area or other county property prior in time to the utility facilities of the Franchisee,shall
have preference as to the alignment and location of such utilities so installed with respect to the
Franchisee. Such preference shall continue in the event of the necessity of relocating or changing the
grade of any such county road or right-of-way;
E. Franchisee shall perform the Work and operate its utility facilities in a manner that
minimizes interference with the use of the road rights-of-way by others,including others that may be
installing utility facilities; and
F. The County may require that Franchisee's utility facilities be installed at a particular time,
at a specific place,or in a particular manner as a condition of access to a particular road right-of-way;
may deny access if a Franchisee is not willing to comply with the County's requirements; and may
remove, or require removal of, any utility facility that is not installed in compliance with the
requirements established by the County,or which is installed without prior County approval of the
time, place, or manner of installation and charge the Franchisee for all the costs associated with
removal; and may require Franchisee to cooperate with others to minimize adverse impacts on the
road rights-of-way through joint trenching and other arrangements.
G. The County may inspect the utility facilities at any time reasonable under the
circumstances to ensure compliance with this franchise and applicable law,including to ensure that
the utility facilities are constructed and maintained in a safe condition. If an unsafe condition is
found to exist,the County,in addition to taking any other action permitted under applicable law,may
order the Franchisee, in writing, to make the necessary repairs and alterations specified therein
forthwith to correct the unsafe condition on a time-table established by the County which is
reasonable in light of the unsafe condition. The County has the right to correct,inspect,administer,
and repair the unsafe condition if the Franchisee fails to do so, and to charge the Franchisee
therefore. The right of the County to conduct such inspections and order or make repairs shall not be
construed to create an obligation therefore,and such obligation to construct and maintain its utility
4
facilities in a safe condition shall at all times remain the sole obligation of the Franchisee.
H. When required by the County,Franchisee shall make information available to the public
regarding any work involving the ongoing installation,construction,adjustment,relocation,repair or
maintenance of its utility facilities sufficient to show(1)the nature of the work being performed;
(2)where it is being performed;(3)its estimated completion date;and(4)progress to completion.
I. FRANCHISEE IS PLACED ON NOTICE THAT FIBER OPTIC,COMMUNICATIONS,
POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES, AND PIPELINES MAY BE
BURIED ON THE RIGHT OF WAY. Before beginning any underground work,Franchisee will
contact the appropriate personnel to have such facilities located and make arrangements as to
protective measures that must be adhered to prior to the commencement of any work within the Road
rights-of-way. In addition to the liability terms elsewhere in this Agreement, Franchisee shall
indemnify and hold the County and its elected and appointed officers, employees and agents
harmless against and from all cost,liability,and expense whatsoever(including,without limitation,
attorney's fees and court costs and expenses)arising out of or in any way contributed to by any act or
omission of Franchisee,its contractor,agents and/or employees,that cause or in any way or degree
contribute to (1)any damage to or destruction of any such facilities by Franchisee, and/or its
contractor, agents and/or employees, on the County's property, (2)any injury to or death of any
person employed by or on behalf of any entity,and/or its contractor,agents and/or employees,on the
road rights-of-way,and/or(3)any claim or cause of action for alleged loss of profits or revenue,or
loss of service, by a customer or user of services or products of such company(ies) (collectively
"Liabilities" for purposes of this Section V.1). The only Liabilities with respect to which
Franchisee's obligation to indemnify the County and its elected and appointed officers,employees
and agents does not apply are Liabilities to the extent arising out of,caused by or resulting from the
negligence of the County, and its elected and appointed officers, employees and agents and
Liabilities that by law the County and its elected and appointed officers,employees and agents for
which the County cannot be indemnified.
J. Franchisee shall continuously be a member of the State of Washington one number locator
service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable
rules and regulations.
K. Except in the event of emergency as described below,Franchisee and its Agents may not
enter upon the Franchise Area to perform work for which a utility permit is not required,unless and
except upon two-business days notice to the County Engineer.
L. In the event of an emergency involving the threat of imminent harm to persons or
property,and for purposes of taking immediate corrective action,Franchisee and its agents may enter
the Franchise Area without advance notice to the County as long as such entry is for the sole purpose
of addressing the emergency;provided however,that if any entry for such purposes would require
issuance of a utility permit,Franchisee shall give the County verbal or telephonic notice of the places
where and the manner in which entry is required prior to such entry,promptly followed by written
notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or
as soon as practicable after entry upon the road right-of-Way.
5
M. Franchisee shall promptly reimburse the County for their reasonable and direct costs
incurred in responding to an emergency that is caused, created by or attributable to the presence,
construction,maintenance,repair,or operation of the Franchisees utility facilities in the road rights-
of-way.
N. If,during installation,construction,relocation,realignment,adjustment,maintenance,or
repair of the Franchisee's utility facilities in the road rights-of-way,Franchisee or its agents discover
scientific or historic artifacts,Franchisee shall immediately notify the County of said discovery and
shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the
property of the County if the County wishes to own it.
VI. PROTECTION OF PUBLIC
All work done under this franchise shall be done in a thorough and workman-like manner. In the
performance of Work within or near the road rights-of-way, including without limitation, the
opening of trenches and the tunneling under county roads,rights-of way or other county property,the
Franchisee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as
possible with public travel and shall take all due and necessary precautions to guard the same,so that
damage or injury shall not occur or arise by reason of such Work; and where any of such trenches,
ditches and tunnels are left open at night,the Franchisee shall place warning lights,barricades and
other appropriate protective devices at such a position as to give adequate warning of such Work.
The Franchisee shall be liable for any injury to person or persons or damage to property sustained
arising out of its carelessness or neglect,or through any failure or neglect to properly guard or give
warning of any trenches, ditches or tunnels dug or maintained by the Franchisee.
VII. POLICE POWERS
The County of Mason,in granting this franchise,does not waive any rights which it now has or may
hereafter acquire with respect to county roads, rights-of-way or other county property and this
franchise shall not be construed to deprive the county of any powers, rights or privileges which it
now has or may hereafter acquire to regulate the use of and to control the county roads,rights-of-way
and other county property covered by this franchise. The County retains the right to administer and
regulate activities of the Franchisee up to the fullest extent of the law. The failure to reserve a
particular right to regulate,or reference a particularregulation,shall not be interpreted by negative
implication or otherwise to prevent the application of a regulation to the Franchisee.
VIII. RELOCATION
Franchisee shall,in the course of any Work,comply with the following requirements:
A. The Franchisee shall, by a time specified by the County, protect, support, temporarily
disconnect,relocate,or remove any of its utility facilities when required by the County by reason of
traffic conditions;public safety;road right-of-way construction;road right-of-way repair(including
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resurfacing or widening);change of road right-of-way grade;construction,installation,or repair of
County-owned sewers,drains,water pipes,power lines,signal lines,tracks,communications system,
other public work, public facility, or improvement of any government-owned utility; road
right-of-way vacation;or for any other purpose where the County work involved would be aided by
the removal or relocation of the utility facilities. Collectively,such matters are referred to below as
the"public work."
Franchisee acknowledges and understands that any delay by Franchisee in performing the herein
described work may delay, hinder, or interfere with the work performed by the County and its
contractors and subcontractors done in furtherance of such Public Work and result in damage to the
County,including but not limited to,delay claims. Franchisee shall cooperate with the County and
its contractors and subcontractors to coordinate such Franchisee work to accommodate the Public
Work project and project schedules to avoid delay, hindrance of, or interference with the Public
Work. The County of Mason shall make available to the Franchisee a copy of the Six Year
Transportation Program and the County's annual construction program after adoption each year. It is
anticipated these programs will aid the utility in planning construction programs.
B. Franchisee has a duty to protect its utility facilities from work performed by the County
within the road rights-of-way. The rights granted to the Franchisee herein do not preclude the
County of Mason, its employees, contractors, subcontractors, and agents from blasting;grading,
excavating, or doing other necessary road work contiguous to Franchisee's utility facilities;
providing that, the Franchisee shall be given a minimum of forty-eight (48) hours notice of said
blasting or other work in order that the Franchisee may protect its utility facilities.
C. In the event of an emergency,or where the utility facility creates or is contributing to an
imminent danger to health, safety, or property, the County may protect, support, temporarily
disconnect,remove,or relocate any or all parts of the utility facility without prior notice,and charge
the Franchisee for costs incurred.
D. If any Person that is authorized to place facilities in the road right of way requests the
Franchisee to protect, support,temporarily disconnect,remove,or relocate the Franchisee's utility
facilities to accommodate the construction,operation,or repair of the facilities of such other person,
the Franchisee shall,after 30 days'advance written notice,take action to effect the necessary changes
requested;provided that,if such project is related to or competes with Franchisee's service,or if the
effect of such changes would be to permanently deprive Franchisee of the beneficial enjoyment of
this franchise for its intended purposes through interference with the operation of Franchisee's utility
facilities or otherwise, Franchisee shall not be required to relocate its utility facilities. Unless the
matter is governed by a valid contract or a state or federal law or regulation, or unless the
Franchisee's utility facilities were not properly installed,the reasonable cost of the same shall be
bome by the Person requesting the protection, support, temporary disconnection, removal, or
relocation at no charge to the County,even if the County makes the request for such action.
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E. The Franchisee shall, on the request of any person holding a valid permit issued by a
governmental authority, temporarily raise or lower its wires to permit the moving of buildings or
other objects. The expense of such temporary removal or raising or lowering of wires shall be paid
by the person requesting the same.
The County of Mason will accept liability for direct and actual damages to said Franchisee that are
the result of the negligence of Mason County, its trustees, officers, employees, contractors,
subcontractors or agents while performing County improvement or Public Works projects
enumerated in the original franchise agreement under Section VIII,paragraph B. Direct and actual
damages are specifically limited to physical damage to properly installed and located infrastructure
of the Franchisee and the cost to repair such physical damage. Mason County retains the right to
assert all applicable defenses in the event of a dispute including contributory negligence on the part
of the Franchisee. Mason County shall in no way be liable for incidental damages claimed to arise
from such actions.
All Work to be performed by the Franchisee under this section shall pass the inspection of the
County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work.
IX. PRESERVATION OF MONUMENTS/MARKERS
Before any work is performed under this franchise which may affect any existing monuments or
markers of any nature relating to subdivisions,plats,roads and all other surveys,the Franchisee shall
reference all such monuments and markers. The reference points shall be so located that they will
not be disturbed during the Franchisee's operations under this franchise. The method of referencing
these monuments or other points to be referenced shall be approved by the County Engineer. The
replacement of all such monuments or markers disturbed during construction shall be made as
expeditiously as conditions permit,and as directed by the County Engineer. The cost of monuments
or other markers lost, destroyed, or disturbed, and the expense of replacement by approved
monuments shall be borne by the Franchisee.
A complete set of reference notes for monument and other ties shall be filed with the office of the
Mason County Engineer.
X. VACATION OF ROAD RIGHT-OF-WAY
If at any time the County shall vacate any County road,right-of-way or other County property which
is subject to rights granted by this franchise and said vacation shall be for the purpose of acquiring
the fee or other property interest in said road, right-of-way or other county property for the use of
Mason County,in either its proprietary or governmental capacity,then the Board of Mason County
Commissioners may, at its option, and by giving thirty(30) days written notice to the Franchisee,
terminate this franchise with reference to such county road,right-of-way or other county property so
vacated, and the County of Mason shall not be liable for any damages or loss to the Franchisee by
reason of such termination. It has been the practice of Mason County to reserve easements for
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utilities at the time of road vacation,and will continue to be the practice until such time the Board of
Mason County Commissioners direct a change of practice.
XI.FINANCIAL SECURITY
A. Insurance Except as otherwise provided herein,Franchisee shall maintain for itself and
the County,throughout the entire period any part of Franchisee's utility facilities are located in the
Franchise Area, adequate insurance to protect the Parties and their elected and appointed officers,
agents,employees against all of County's and Franchisee's liability arising out of Franchisee's use
and occupancy of the Franchise Area or any part thereof. This obligation shall require the Franchisee
to maintain insurance at least in the following amounts:
1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily
injury, and property damage. The Commercial General Liability insurance shall be written on an
occurrence basis, with an aggregate limit location endorsement for the Franchise Area, and shall
provide coverage for any and all costs, including defense costs, and losses and damages resulting
from personal injury, bodily injury and death, property damage, products liability and completed
operations. Such insurance shall include blanket contractual coverage,including coverage for the
Franchise as now or hereafter amended and specific coverage for the indemnity provisions set forth
herein. Coverage must be written with the following limits of liability:
Bodily and Personal Injury&Property Damage
$ 1,000,000 per Occurrence
$2,000,000 aggregate
2 WORKERS' COMPENSATION insurance shall be maintained to comply with
statutory limits for all employees,and in the case any work is sublet,the Franchisee shall require its
contractors and subcontractors similarly to provide workers' compensation insurance for all the
employees. The Franchisee shall also maintain, during the life of this policy,employer's liability
insurance;provided that this obligation shall not apply to any time period during which Franchisee
has no employees. The following minimum limits must be maintained:
Workers' Compensation Statutory
Employer's Liability $ 1,000,000 each occurrence
3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired,and
non-owned vehicles operated by Franchisee employees on an occurrence basis with coverage of at
least$2,000,000 per occurrence.
If the Franchisee, its contractors,or subcontractors do not have the required insurance,the County
may require such entities to stop operations until the insurance is obtained and approved.
Certificates of Insurance reflecting evidence of the required insurance and approved by the County's
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Risk Manager for the GENERAL LIABILITY policies described above,shall be sent to the County's
risk manager. The certificate shall be filed with the acceptance of the franchise, and annually
thereafter, and as provided below. All coverage shall be listed all on one certificate with the same
expiration dates.
The certificates shall contain a provision that coverages afforded under these policies will not be
canceled until at least 30 days'prior written notice has been given to the County.
In the event that the insurance certificate provided indicates that the insurance shall terminate or
lapse during the period of the franchise,then,in that event,the Franchisee shall furnish,at least 30
days prior to the expiration of the date of such insurance,a renewed certificate of insurance as proof
that equal and like coverage has been or will be obtained prior to any such lapse or termination
during the balance of the period of the franchise.
The County reserves the right, during the term of the franchise, to require any other insurance
coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk
management practices and principals based upon the loss exposures.
Each insurance policy required pursuant to this(franchise shall be primary and non-contributing as
respects any coverage maintained by the County and shall include an endorsement reflecting the
same. Any other coverage maintained by County shall be excess of this coverage herein defined as
primary and shall not contribute with it. The certificate of insurance must reflect that the above
wording is included in all such policies.
Each insurance policy obtained pursuant to this franchise shall be issued by financially sound
insurers who may lawfully do business in the State of Washington with a financial rating at all times
during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of
"Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating
guide approved in writing by the County's risk manager. In the event that at any time during
coverage,the insurer does not meet the foregoing standards,Franchisee shall give prompt notice to
the County and shall seek coverage from an insurer that meets the foregoing standards. The County
reserves the right to change the rating or the rating guide depending upon the changed risks or
availability of other suitable and reliable rating guides.
Comprehensive general liability insurance policies and coverage obtained pursuant to this franchise
shall include an endorsement(standard ISO form CG 24-17) deleting all exclusions for work or
incidents occurring within any distance from a railroad track or railroad property, or on, over, or
under a railroad track.
Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless
approved of by the County Risk Manager or designee.
Commercial general liability insurance policies obtained pursuant to this franchise shall name the
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County as an additional insured without limitation,pursuant to an endorsement approved of by the
County's Risk Manager or designee.
Franchisee and Franchisee's Contractors' insurers,through policy endorsement, shall waive their
rights of subrogation against the County for all claims and suits. The certificate of insurance must
reflect this waiver of subrogation rights endorsement.
Commercial General Liability Insurance policies and coverage required herein of public utility
operators may include a reasonable deductible or self-insured retention;provided,however,that as to
any Loss or Damage covered as provided herein, if Franchisee elects to include any deductible or
self-insured retention,Franchisee shall itself directly cover,in lieu of insurance,any and all County
liabilities that would otherwise in accordance with the provisions of this Franchise be covered by
Franchisee's insurance if Franchisee elected not to include a deductible or self-insured retention.
Such direct coverage by Franchisee shall be in an amount equal to the amount of Franchisee's actual
deductible or self-insured retention. Franchisee shall be required to provide a certification of self-
insurance retention to the county in a form and content acceptable to the county engineer.
B. Performance/Payment Bond. At the same time Franchisee provides its acceptance of this
Franchise, the Franchisee shall, if required by the County Engineer, provide a performance and
payment bond to ensure the full and faithful performance of all of its responsibilities under this
franchise and applicable rules, regulations and ordinances, including,by way of example,but not
limited to,its obligations to relocate and remove its utility facilities,to restore the road rights-of-way
and other property when damaged or disturbed, and to reimburse the County for its costs. The
amount of the performance and payment bond shall be for ZERO ($9). The amount of the bond,or
cash deposit as described below,may be adjusted by the County every five years from the date of
execution of this franchise,to take into account cumulative inflation or increased risks to the County.
The Franchisee may be required to obtain additional bonds in accordance with the County's ordinary
practices. The bond shall be in a form with terms and conditions acceptable to the County and
reviewed and approved by the County Engineer. The bond shall be with a surety with a rating no
less than "A X" in the latest edition of'Bests Key Rating Guide,"published by A.M. Best Guide.
The Franchisee shall pay all premiums or costs associated with maintaining the bond,and shall keep
the same in full force and effect at all times.If Franchisee fails to provide or maintain the bond,then
the County,in its sole discretion,may require Franchisee to substitute an equivalent cash deposit as
described below in lieu of the bond.
Franchisee, may at its election or upon order by the County, substitute an equivalent cash deposit
instead of a performance and payment bond. This cash deposit shall ensure the full and faithful
performance of all of Franchisee's responsibilities hereto under this Permit and all applicable laws,
rules, regulations or ordinances. This includes,but is not limited to, its obligations to relocate or
remove its facilities, restore the road rights-of-way and other property to their original condition,
reimbursing the County for its costs, and keeping Franchisee's insurance in full force.
The County shall notify Franchisee in writing, by certified mail, of any default and shall give
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Franchisee thirty(3 0)days from the date of such notice to cure any such default. In the event that the
Franchisee fails to cure such default to the satisfaction of the County,the County may,at its option,
forfeit the entire amount of the cash deposit or draw upon the cash deposit up to the amount of the
County's costs incurred to cure Franchisee's default. Upon the County's cure of Franchisee's
default, the County shall notify Franchisee in writing of such cure.
In the event that the County draws upon the cash deposit or forfeits the same, Franchisee shall
thereupon replenish the cash deposit to the full amount as specified herein or provide a replacement
performance and payment bond.
Before any Work commences in the road right-of-way,the County Engineer may require the operator
to provide a performance and payment bond for each separate project in an amount to be determined
by the County Engineer, but not less than five hundred dollars, written by a surety company
acceptable to the County Risk Manager and authorized to do business in the state of Washington.
The purpose of the bond is to insure completion of construction, including the restoration of
surfacing,slopes,slope treatment,topsoil,landscape treatment,and drainage facilities,and cleanup
of rights-of-way, and payment of costs incurred by the County to enforce the requirements of this
Chapter. The performance and payment bond shall be in place for a period ending not more than one
year after the date of completion.
A project specific performance bond shall not be required in the event that the franchisee has in place
a blanket performance bond and, when required, a payment bond, maintained pursuant to the
requirements of this franchise.
A performance and payment bond for work in the road right-of-way will not be required of the
United States Government or any of its agencies or of any municipal corporation or department
of the state of Washington and its local subdivisions.
C. Limitation of Liability. To the fullest extent permitted by law,the Franchisee shall,and
shall cause its contractor(s) to release, indemnify, defend and hold harmless the county and the
county's legal representatives,officer(elected or), appointed) employees and agents(collectively,
"indemnitees") for, from and against any and all claims, liabilities, fines,penalties, cost,damages,
losses, liens, causes of action, suits, demands, judgments and expenses (including, without
limitations, court costs, attorneys' fees and costs of investigation, removal and remediation and
governmental oversight costs),Environmental or otherwise(collectively"liabilities")of any nature,
kind, or description, of any person or entity,directly or indirectly,arising out of,resulting from, or
related to (in whole or in part):
1. this franchise;
2. any rights or interests granted pursuant to this franchise;
3. franchisee's occupation and use of the road right of way;
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4. franchisee's operation of its utility facilities;
5. the presence of utility facilities within the right of way;
6. the environmental condition and status of the road right-of-way caused by,
aggravated by, or contributed to,in whole or in part,by franchisee or its agents; or
7. The acts,errors,or omissions of third parties when arising out of the installation,
construction,adjustment,relocation,replacement,removal,or maintenance of such third party utility
facilities within the road rights-of-way when such work is performed under authority of the
operator's utility permit or at the direction or under the control of the operator; or
8. any act or omission of franchisee or franchisee's agents;
The only liabilities with respect to which franchisee's obligation to indemnify the indemnitees do not
apply are liabilities to the extent arising out of, caused by or resulting from the negligence of the
county, its officers, agents, employees or contractors and liabilities that by law the indemnities
cannon be indemnified for.
Upon written notice from the county,franchisee agrees to assume the defense of any lawsuit or other
proceeding brought against any indemnitee by any entity, relating to any matter covered by this
franchise for which franchisee has an obligation to assume liability for and/or save and hold harmless
any indemnitee.Franchisee shall pay all cost incident to such defense,including,but not limited to,
attorneys'fees,investigators'fees,litigation and appeal expenses,settlement payments and amounts
paid in satisfaction of judgments. Franchisee will fully satisfy said judgment within ninety(90)days
after said suit or action shall have finally been determined if determined adversely to Mason County.
Upon the Franchisee's failure to satisfy said judgment within the ninety (90) day period, this
franchise shall at once cease and terminate.
Acceptance by the County of any Work performed by the Franchisee at the time of completion shall
not be grounds for avoidance of this covenant.
XII. FRANCHISE NONEXCLUSIVE
This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the
County of Mason from granting other utilities under,along,across,over and upon any of the County
roads,rights-of-way or other County property subject to this franchise and shall in no way prevent or
prohibit the County of Mason from constructing, altering, maintaining or using any of said roads,
rights-of-way,drainage structures or facilities,irrigation structures or facilities,or any other county
property or affect its jurisdiction over them or any part of them with full power to make all necessary
changes,relocations,repairs,maintenance,etc.,the same as the county may deem fit.
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XIII. SUCCESSORS AND ASSIGNS
All the provisions,conditions,regulations and requirements herein contained shall be binding upon
the successors and assigns of the Franchisee,and all privileges,as well as all obligations and liability
of the Franchisee, shall ensure to its successors and assigns equally as if they were specifically
mentioned wherever the Franchisee is mentioned. Any reference in this franchise to a specifically
named party shall be deemed to apply to any successor, heir, administrator, executor or assign of
such party who has acquired its interest in compliance with the terms of this franchise,or under law.
XIV. TRANSFER/ASSIGNMENT
Franchisee may assign or transfer this franchise after prior written notice to County of Mason and
assignee's written commitment,in a form and content approved by the County Prosecutor,delivered
to County of Mason, that assignees shall thereafter be responsible for all obligations of Franchisee
with respect to the franchise and guaranteeing performance under the terms and conditions of the
franchise and that transferee will be bound by all the conditions of the franchise and will assume all
the obligations of its predecessor. Such an assignment shall relieve the Franchisee of any further
obligations under the franchise, including any obligations not fulfilled by Franchisee's assignee;
provided that,the assignment shall not in any respect relieve the Franchisee,or any of its successors
in interest,of responsibility for acts or omissions,known or unknown,or the consequences thereof,
which acts or omissions occur prior to the time of the assignment. No franchise or master road use
permit may be assigned or transferred without filing or establishing with the county the insurance
certificates and performance bond as required pursuant to this franchise.
XV. ANNEXATION
Whenever any of the County roads, rights-of-way or other county property as designated in this
franchise,by reason of the subsequent incorporation of any town or city,or extension of the limits of
any town or city, shall fall within the city or town limits and shall by operation of law or otherwise
terminate in respect to the said roads,rights-of-way or other county property so included with city or
town limits; this franchise shall continue in force and effect to all county roads, rights-of-way or
other county property not so included in city or town limits.
XVI. REVOCATION/REMEDIES
A. Revocation. In addition the right to revoke this franchise as set forth in Title 12 of the
Mason County Code, if the Franchisee shall willfully violate, or fail to comply with any of the
provisions of this franchise through willful or unreasonable neglect or fail to heed or comply with
any notice given the Franchisee under the provision of this grant, then Franchisee shall forfeit all
rights conferred hereunder and this franchise may be revoked or annulled,after a public hearing by
the Board of County Commissioners. The Franchisee shall not be relieved of any of its obligations
to comply promptly with any provision of this franchise by reason of any failure of the County to
enforce prompt compliance,and the County's failure to enforce shall not constitute a waiver of rights
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or acquiescence in the Licensee's conduct.
Subject to the required consent, adjudication, permission or authorization of a federal or state
regulatory agency with jurisdiction over the subject matter, upon revocation of the franchise, the
County may require the Franchisee to remove its utility facilities from any road rights-of-way,and
restore such road right-of-way to its same or better condition as existed just prior to such removal,or
de-commission and abandon such utility facilities in place in whole or in part and in a manner
approved by the County Board of Commissioners. If the Franchisee fails to remove utility facilities
that the County requires it to remove,the County may perform the work and collect the cost thereof
from the Franchisee. The actual cost thereof,including direct and indirect administrative costs,shall
be a lien upon all utility facilities of the Franchisee within the franchise Area effective upon filing of
the lien with the Mason County Auditor.
B. Remedies. The County has the right to exercise any and all of the following remedies,
singly or in combination,in the event of Default. "Default"shall mean any failure of Franchisee or
its agents to keep,observe,or perform any of Franchisee's or its agent's duties or obligations under
this franchise:
1. Damages. Franchisee shall be liable for any and all damages incurred by County.
2. Specific Performance. County shall be entitled to specific performance of each
and every obligation of Franchisee under this franchise without any requirement to prove or establish
that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of
any such proof and acknowledges that County would not have an adequate remedy at law for
Franchisee's commission of an Event of Default hereunder.
3. Injunction. County shall be entitled to restrain, by injunction, the actual or
threatened commission or attempt of an Event of Default and to obtain a judgment or order
specifically prohibiting a violation or breach of this Agreement without, in either case, being
required to prove or establish that County does not have an adequate remedy at law. Franchisee
hereby waives the requirement of any such proof and acknowledges that County would not have an
adequate remedy at law for Franchisee's commission of an Event of Default hereunder.
4. Alternative Remedies. Neither the existence of other remedies identified in this
franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to
commence an action for equitable or other relief, and/or proceed against Franchisee and any
guarantor for all direct monetary damages, costs and expenses arising from the Default and to
recover all such damages, costs and expenses, including reasonable attorneys' fees. Remedies are
cumulative;the exercise of one shall not foreclose the exercise of others.
XVII. SUBSEQUENT ACTION
In the event that after this franchise becomes effective, (a) there is a change in the law which
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broadens the authority of the County of Mason or the Franchisee with respect to any act permitted or
authorized under this franchise; or (b) the County of Mason or the Franchisee believe that
amendments to this franchise are necessary or appropriate, then the County of Mason and the
Franchisee agree to enter into good faith negotiations to amend this franchise so as to enable the
Parties to address, in a manner reasonably acceptable to all Parties, such change or other
development which formed the basis for the negotiations. The Parties recognize that the purpose of
the negotiations would be to preserve, to the maximum extent consistent with law, the scope and
purpose of this franchise.
Mason County reserves for itself the right at any time upon ninety(90) days written notice to the
Franchisee, to so change, amend, modify or amplify any of the provisions or conditions herein
enumerated to conform to any state statute or county regulation,relating to the public welfare,health,
safety or highway regulation,as may hereafter be enacted,adopted or promulgated and this franchise
may be terminated at such time a public hearing is held by the Board of County Commissioners,and
the Franchisee's utility facilities are found not to be operated or maintained in accordance with such
statute or regulation.
XVIII. ACCEPTANCE.
Franchisee shall execute and return to the County of Mason a signed acceptance of the franchise
granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit
"A", and in accepting the franchise, Franchisee warrants that it has carefully read the terms and
conditions of this franchise and accepts all of the terms and conditions of this franchise and agrees to
abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts,
that it has had the assistance of counsel, that it was not induced to accept a franchise, that this
franchise represents the entire agreement between the Franchisee and the County of Mason. In the
event the Franchisee fails to submit the countersigned ordinance and acceptance as provided for
herein within the time limits set forth in this section,the grant herein is and shall become null and
void.
XIX. MISCELLANEOUS PROVISIONS
A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any
of the provisions of this franchise shall be governed by the laws of the State of Washington. Venue
of any action or arbitration brought under this franchise shall be in Mason County,Washington or the
Western District of Washington if an action is brought in federal court, provided, however, that
venue of such action is legally proper.
B. Liens. Franchisee shall promptly pay and discharge any and all liens arising out of any
Work done, suffered or permitted to be done by Franchisee on any Franchise Area.
C. Waiver. No waiver by either party of any provision of this franchise shall in any way
impair the right of such party to enforce that provision for any subsequent breach, or County of
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Mason's right to enforce all other provisions of this franchise.
D.Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the
terms of this franchise,the substantially prevailing Parry or Parties shall be entitled to reasonable
attorney's fees,costs and necessary disbursements in addition to any other relief to which such Party
or Parties may be entitled.
E. Amendment. This franchise may be amended only by a written contract signed by
authorized representatives of Franchisee and County of Mason.
F. Severability. If any provision of this franchise is held to be illegal, invalid or
unenforceable under present or future laws,such provision will be fully severable and this franchise
will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part
hereof,and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal,
invalid or unenforceable provision herein, there will be added automatically as a part of this
franchise; a provision as similar in its terms to such illegal, invalid or unenforceable provision as
may be possible and be legal,valid and enforceable.
G. Joint and Several Liability. Franchisee acknowledges that, in any case in which
Franchisee and Franchisee's Contractors are responsible under the terms of this franchise, such
responsibility is joint and several as between Franchisee and any such Franchisee's Contractors;
provided that,the Franchisee is not prohibited from allocating such liability as a matter of contract.
H. Notices. Any notice contemplated, required, or permitted to be given under this
franchise shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail,
return receipt requested;or(b)a nationally recognized overnight mail delivery service,to the Party
and at the address specified below,except as such Parry and address may be changed by providing
notice to the other Party no less than thirty (30) days' advance written notice of such change in
address.
Franchisee:
Attn:
Grantor: County of Mason Public Works
100 Public Works Drive
Shelton,WA 98584
I. Approvals. Nothing in this franchise shall be deemed to impose any duty or obligation
upon the County of Mason to determine the adequacy or sufficiency of Franchisee's plans and
specifications or to ascertain whether Franchisee's proposed or actual construction, testing,
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maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in
conformance with the plans and specifications reviewed by the County of Mason. No approval
given,inspection made,review or supervision performed by the County of Mason pursuant to this
franchise shall constitute or be construed as a representation or warranty express or implied by
County of Mason that such item approved, inspected, or supervised, complies with laws, rules
regulations or ordinances or this franchise or meets any particular standard,code or requirement,or
is in conformance with the plans and specifications,and no liability shall attach with respect thereto.
County and inspections as provided herein, are for the sole purpose of protecting the County of
Mason's rights as the owner or manager of the road rights-of-way and shall not constitute any
representation or warranty,express or implied,as to the adequacy of the design,construction,repair,
or maintenance of the utility facilities, suitability of the Franchise Area for construction,
maintenance,or repair of the utility facilities,or any obligation on the part of the County of Mason to
insure that work or materials are in compliance with any requirements imposed by a governmental
entity. County of Mason is under no obligation or duty to supervise the design, construction,
installation, relocation, adjustment, realignment, maintenance, repair, or operation of the utility
facilities.
J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to
perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or
an act of God,provided that such Party has made and is making all reasonable efforts to perform
such obligation and minimize any and all resulting loss or damage.
K. Construction. All pronouns and any variations thereof shall be deemed to refer to the
masculine,feminine or neuter,singular or plural,as the identity of the Party or Parties may require.
The provisions of this franchise shall be construed as a whole according to their common meaning,
except where specifically defined herein,not strictly for or against any party and consistent with the
provisions contained herein in order to achieve the objectives and purposes of this franchise.
L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this
franchise or in the future as contemplated herein, are hereby incorporated by reference as though
fully set forth herein.
M. Calculation of Time. All periods of time referred to herein shall include Saturdays,
Sundays,and legal holidays in the State of Washington,except that if the last day of any period falls
on any Saturday,Sunday,or legal holiday in the State of Washington,the period shall be extended to
include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington.
N. Entire Agreement. This fi anchise is the full and complete agreement of County of Mason
and Franchisee with respect to all matters covered herein and all matters related to the use of the
Franchise Area by Franchisee and Franchisee's Contractors,and this franchise supersedes any and all
other agreements of the Parties hereto with respect to all such matters,including,without limitation,
all agreements evidencing the franchise.
18
O. No Recourse. Without limiting such immunities as the County or other persons may have
under applicable law,Franchisee shall have no monetary recourse whatsoever against the County or
its officials,boards, commissions, agents, or employees for any loss or damage arising out of the
County's exercising its authority pursuant to this Franchise or other applicable law.
P. Responsibility for Costs. Except as expressly provided otherwise,any act that Franchisee
is required to perform under this franchise shall be performed at its cost. If Franchisee fails to
perform work that it is required to perform within the time provided for performance,the County
may perform the work and bill the Franchisee. The Franchisee shall pay the amounts billed within
30 days.
Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors is
subject to the same restrictions, limitations, and conditions as if the work was performed by the
Franchisee. . The Franchisee shall be responsible for all work performed by-its contractors and
subcontractors,and others performing work on its behalf,under its control,or under authority of its
utility permit,as if the work were performed by it and shall ensure that all such work is performed in
compliance with this franchise, Title 12 MCC,the Manual and other applicable law, and shall be
jointly and severally liable for all damages and correcting all damage caused by them. It is the
Franchisee's responsibility to ensure that contractors, subcontractors,or other Persons performing
work on the Franchisee's behalf are familiar with the requirements of the franchise,Title 12 MCC,
the Manual,and other applicable laws governing the work performed by them.
R. Survival of Terms. Upon the expiration, termination, revocation or forfeiture of the
franchise,the Franchisee shall no longer have the right to occupy the franchise area for the purpose
of providing services authorized herein. However,the Franchisee's obligations under this franchise
to the County shall survive the expiration, termination, revocation or forfeiture of these rights
according to its terms for so long as the Franchisee's utility facilities shall remain in whole or in part
in the road rights of way. By way of illustration and not limitation, Franchisee's obligations to
indemnify, defend and hold harmless the County, provide insurance and a performance/payment
bond pursuant to Section XI and Franchisee's obligation to relocate its utility facilities pursuant to
Section VIII, shall continue in effect as to the Franchisee, notwithstanding any expiration,
termination,revocation or forfeiture of the franchise,except to the extent that a County-approved
transfer, sale,or assignment of the utility system is completed,and another entity has assumed full
and complete responsibility for the utility system or for the relevant acts or omissions.
S. Warranties. By acceptance of this franchise, Franchisee warrants:
1. That Franchisee has full right and authority to enter into and perform this
Franchise in accordance with the terms hereof, and by entering into or performing this Franchise,
Franchisee is not in violation of its charter or by-laws,or any law,regulation,or agreement by which
it is bound or to which it is subject;and
2. That the execution,delivery,and performance of this Franchise by Franchisee has been duly
authorized by all requisite Board/Commission action, that the signatories for Franchisee of the
19
acceptance hereof are authorized to sign this Franchise,and that the joinder or consent of any other
party, including a court, trustee, or referee, is not necessary to make valid and effective the
execution,delivery, and performance of this Franchise and acceptance.
DATED at Shelton, Washington this day of 20_.
BOARD OF COMMISSIONERS
APPROVED: MASON COUNTY,WASHINGTON
County Engineer Chair
Approve as to form:
Vice Chair
Chief D.P.A.
Commissioner
20
Exhibit A
ACCEPTANCE OF FRANCHISE
Ordinance No. 115-06, effective November 14, 2006.
1, , am the of
and am the authorized representative to accept the above-referenced franchise on behalf of
I certify that this franchise and all terms and conditions thereof are accepted by
without qualification or reservation.
DATED this day of , 20
FRANCHISEE
By:
Its:
Tax Id.No.
STATE OF )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the
person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated
that he/she was authorized to execute the instrument and acknowledged it as the of
the to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
A
EXHIBIT B
Description of Franchise Area
B
RECORDED AT THE REQUEST OF
AND AFTER RECORDING RETURN TO:
County of Mason
100 West Public Works Drive
Shelton WA 98584
Attn: County Engineer
Grantor: COUNTY OF MASON,a legal subdivision of the state of Washington
Grantee:
Legal Description of Benefited Property
Legal Description:
Assessor's Tax Parcel ID#:
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold
a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North
Fifth Street, Shelton, WA 98584 on Tuesday,February 18, 2020 at 9:15am.
SAID HEARING will be to consider the water franchise applications between Mason County and
Beacon Point Community Club,Inc., Cedar View Tracts,Harstine island Estates, Lynnwood
Community Beach Association, Maggie Lake Water District, Merrimount Water System, Triton
Head Water Association and Twanoh Tides Community Club.
If special accommodations are needed,please contact the Commissioners' office,
(360) 427-9670 (Shelton), (360) 482-5269 (Elma) or (360) 275-4467 (Belfair), Ext. 419 or any
questions contact Terry Conley, 360-427-9670,Ext.450.
DATED this day of January,2020.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Melissa Drewry,Clerk of the Board
Cc: Auditor
Clerk of the Board
Public Works
Listed Water Districts
Journal - Publ 2t: 1/30/20 & 2/6/20 (not less than 5 days prior to hearing)
Post: 3 public places 15 days before hearing—No later than 2/3/20
(Bill Public Works— 100 W Public Works Drive, Shelton, WA 98584)
Beacon Point Development
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NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold
a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North
Fifth Street, Shelton,WA 98584 on Tuesday,February 18,2020 at 9:15am.
SAID HEARING will be to consider the water franchise applications between Mason County and
Beacon Point Community Club,Inc., Cedar View Tracts,Harstine island Estates, Lynnwood
Community Beach Association,Maggie Lake Water District, Merrimount Water System,Triton
Head Water Association and Twanoh Tides Community Club.
If special accommodations are needed,please contact the Commissioners' office,
(360) 427-9670 (Shelton), (360) 482-5269 (Elma) or (360) 275-4467 (Belfair), Ext. 419 or any
questions contact Terry Conley,360-427-9670,Ext.450.
DATED this_day of January,2020.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
Melissa Drewry,Clerk of the Board
Cc: Auditor
Clerk of the Board
Public Works
Listed Water Districts
Journal -Publ 2t: 1/30/20 & 2/6/20 (not less than 5 days prior to hearing)
Post: 3 public places 15 days before hearing—No later than 2/3/20
(Bill Public Works— 100 W Public Works Drive, Shelton, WA 985 84)
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Sheesley, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: January 21, 2020 Agenda Item # O
BRIEFING DATE: January 13, 2020
BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Franchise Agreement Applications for
Erickson Lake Homeowners Association's Water System — Set Hearing
BACKGROUND:
Katherine Shank submitted an application for a new Franchise Agreement for a private
water system and appurtenances for Erickson Lake Homeowners Association. The Franchise
would cover the system in the right of way off of Mason County's Tahuya Blacksmith Road.
The water system currently does not have a Franchise Agreement with Mason County that
authorizes the system to occupy the County right-of-way.
BUDGET IMPACT:
Applicant paid the $400 for the franchise application fee.
RECOMMENDED ACTION:
Recommend the Board set a hearing for Tuesday, February 18, 2020 at 9:15am to consider
approving the franchise agreement application between Mason County and Erickson Lake
Homeowners Association to run water lines and appurtenances under and across county
road right of way.
Attachments:
1. Franchise agreement w/Exhibit map
2. Notice
r
IN THE MATTER OF THE APPLICATION OF Erickson Lake Homeowners Association.
FOR A FRANCHISE PERMIT TO CONSTRUCT, OPERATE,AND MAINTAIN
Water System and Appurtenances UTILITY FACILITIES,
OVER,ALONG AND UNDER COUNTY ROADS AND HIGHWAYS LOCATED IN MASON
COUNTY, WASHINGTON
Application of(Name of Operator)Erickson Lake Homeowners Association
doing business in Washington as Erickson Lake Homeowners Association,
with its principal offices located at 5981 Tahuya Blacksmith rd. Belfair WA 98584,
by and through(person authorized to act for and on behalf of applicant)Katherine Shank,for a franchise to
construct,operate and maintain(description oftype)Water System utility facilities in,over,along and
under county roads and highways in Mason County,Washington,as set forth in attached Exhibit"B"
(Franchise Area),having come on regularly for hearing before the County Commissioners of Mason
County, Washington,on the day of ,20 ,at the hour
of 'under the provisions of RCW 36.55,RCW 80.32.010 and RCW 80.36.040,and it
appearing to the Board that notice of said hearing has been duly given as required by law,and that it
is in the public interest to allow the franchise herein granted;
NOW THEREFORE,IT IS ORDERED that a non-exclusive franchise be, and the same is hereby
given and granted to Operator,and its successors and assigns,hereinafter referred to as the
Franchisee,for a period of 10 years with automatic renewal at the end of each term of 10 years
unless either party gives the other written notice of termination at least 30 days prior to the end of
the relevant term. (no more than ten years each term and can only be renewed 3 times)from and
after the date of the entry of this order for the purposes,at the location(s), and upon the express
terms and conditions as described herein.
I. DEFINITIONS
For the purposes of this franchise,terms,phrases,words,and their derivations not defined herein that
are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the
Mason County Right-of-Way published by the County Engineer(the"Manual"),shall have the same
meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words
not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary
meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may
be amended,revised,updated,re-enacted or re-codified from time to time.
11. GRANT
The County of Mason hereby grants to the Franchisee a non-exclusive franchise which,once it
becomes effective shall authorize the Franchisee to enter upon the road rights-of-way located
within the Franchise Area identified in attached Exhibit"B",for the purpose of installing,
1
constructing, maintaining,repairing,replacing, adjusting,relocating and operating the utility
facilities,which grant shall be limited to the following described purpose(s): A Water System
and Appurtenances .
Such grant is subject to and must be exercised in strict accordance with and subject to this franchise,
Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and
ordinances. Franchisee's exercise of any rights granted pursuant to the franchise is subject to the
exercise of the County's police powers,and other regulatory powers as it may have or obtain in the
future. No rights shall pass to the franchisee by implication. This franchise does not include
permission to enter into or upon the road rights-of-way for any purposes others than the purposes
expressly described herein. Permittee has a duty to notify the County of any change in use or
condition of the utility facilities that may affect the status of the utility facilities or the impact of the
utility facilities upon the road rights-of-way.
III. UTILITY PERMIT REQUIRED
Franchisee shall not commence or perform work(hereafter"Work")to install, construct,maintain
repair, replace adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road
rights-of-way,without first applying for,paying all associated fees,and obtaining a utility permit as
required pursuant to Title 12 of the Mason County Code. In any utility permit so issued,the County
may impose,as a condition of the granting the utility permit,such conditions and regulations as may
be necessary for the protection,preservation and management of the road rights-of-way,including,
by way of example and not limitation, for the purpose of protecting any structures in the road
rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration of
such road rights-of-way and structures,and for the protection of the County and the public and the
continuity of pedestrian and vehicular traffic.
Franchisee shall first file with the County Engineer its application for a utility permit to do such
Work together with plans and specifications in triplicate showing at a minimum:
A.The position,depth and location of all such utility facilities sought to be constructed,laid,
installed or erected at that time,showing their relative position to existing county roads,rights-of-way
or other county property upon plans drawn to scale,hereinafter collectively referred to as the"map of
definite location;
B. The class and type of material and equipment to be used, manner of excavation,
construction,installation,backfill,erection of temporary structures,erection of permanent structures,
traffic control,traffic turnouts and road obstructions;
C. The manner in which the utility facility is to be installed;
D. Measures to be taken to preserve safe and free flow of traffic;
E. Structural integrity of the roadway,bridge, or other structure;
2
F. Specifications for the restoration of the county road,right-of-way or other county property
in the event that the road right of way will be disturbed by the Work; and
G. Provision for ease of future road maintenance and appearance of the roadway.
Provision shall be made for known or planned expansion of the utility facilities,particularly those
located underground or attached to bridges or other structures within the road right-of-way.
The location, alignment and depth of the utility facilities shall conform with said map of definite
location,except in instances in which deviation may be allowed thereafter in writing by the County
Engineer pursuant to application by Franchisee.
All such Work shall be subject to the 'approval of and shall pass the inspection of the County
Engineer.The Franchisee shall pay all costs of and expenses incurred in the examination,inspection
and approval of such work on account of granting the said utility permits.
IV. RESTORATION OF ROAD RIGHT OF WAY
In any Work which disturbs or causes damage to the road rights-of-way subject to this franchise,
public or private property, the Franchisee shall at its own expense and with all convenient speed,
complete the work to repair and restore the county road right-of-way, or the public or private
property so disturbed or damaged, and leave the same in as good or better condition as before the
Work was commenced,to the reasonable satisfaction of the County Engineer. The Franchisee shall
pay all costs of and expenses incurred in the examination, inspection and approval of such
restoration or repair.
The County Commissioners and/or County Engineer may at any time do,order or have done any and
all work that they consider necessary to restore to a safe condition such County road right-of-way or
other County property left by the Franchisee or its agents in a condition dangerous to life or property,
and the Franchisee,upon demand, shall pay to the County all costs of such work.
V. FRANCHISEE WORK IN RIGHT OF WAY
Franchisee expressly agrees and understands that,with regard to Work within the road rights-of-way:
A. All of Franchisee's utility facilities and Work within the road rights-of-way or other
County property shall be in compliance with the provisions of Title 12 MCC, the Manual, the
administrative regulations adopted by the County Engineer,other County established requirements
for placement of utility facilities in road rights-of-way, including the specific location of utility
facilities in the road rights-of-way, and all applicable laws, rules,regulations and ordinances;
B. In preparing plans and specifications for Work of utility facilities in the road rights-of-
way the Franchisee shall use the Manual. Prior to commencement of work in the road rights-of-way,
Franchisee shall submit such plans and specifications to the Mason County Engineer for review and
3
approval together with adequate exhibits depicting existing or proposed location of the utility facility
in relation to the road, including right-of-way or easement lines; relationship to currently planned
road revisions,if applicable; and all locations and situations for which deviations in depth of cover
(including the proposed method of protection) or other locational standards that are anticipated;
C. .All Work to utility. facilities located within the road rights-of-way or other county
property subject to this franchise shall be done in such a manner as not to interfere, other than in
ways approved by the County, with the construction, operation and maintenance of other utilities,
public or private, drains, drainage ditches and structures, irrigation ditches and structures, located
therein,nor with the grading or improvements of such County roads,rights-of-way or other County
property;
D. The owners and operators of all utility facilities (public or private) installed in the
Franchise Area or other county property prior in time to the utility facilities of the Franchisee,shall
have preference as to the alignment and location of such utilities so installed with respect to the
Franchisee. Such preference shall continue in the event of the necessity of relocating or changing the
grade of any such county road or right-of-way;
E. Franchisee shall perform the Work and operate its utility facilities in a manner that
minimizes interference with the use of the road rights-of-way by others,including others that may be
installing utility facilities; and
F. The County may require that Franchisee's utility facilities be installed at a particular time,
at a specific place,or in a particular manner as a condition of access to a particular road right-of-way;
may deny access if a Franchisee is not willing to comply with the County's requirements; and may
remove, or require removal of, any utility facility that is not installed in compliance with the
requirements established by the County, or which is installed without prior County approval of the
time, place, or manner of installation and charge the Franchisee for all the costs associated with
removal; and may require Franchisee to cooperate with others to minimize adverse impacts on the
road rights-of-way through joint trenching and other arrangements.
G. The County may inspect the utility facilities at any time reasonable under the
circumstances to ensure compliance with this franchise and applicable law,including to ensure that
the utility facilities are constructed and maintained in a safe condition. If an unsafe condition is
found to exist,the County,in addition to taking any other action permitted under applicable law,may
order the Franchisee, in writing, to make the necessary repairs and alterations specified therein
forthwith to correct the unsafe condition on a time-table established by the County which is
reasonable in light of the unsafe condition. The County has the right to correct,inspect,administer,
and repair the unsafe condition if the Franchisee fails to do so, and to charge the Franchisee
therefore. The right of the County to conduct such inspections and order or make repairs shall not be
construed to create an obligation therefore, and such obligation to construct and maintain its utility
facilities in a safe condition shall at all times remain the sole obligation of the Franchisee.
4
H. When required by the County,Franchisee shall make information available to the public
regarding any work involving the ongoing installation,construction,adjustment,relocation,repair or
maintenance of its utility facilities sufficient to show(1)the nature of the work being performed;
(2)where it is being performed; (3,)its estimated completion date; and(4)progress to completion.
I. FRANCHISEE IS PLACED ON NOTICE THAT FIBER OPTIC,COMMUNICATIONS,
POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES, AND PIPELINES MAY BE
BURIED ON THE RIGHT OF WAY.:Before beginning any underground work, Franchisee will
contact the appropriate personnel-to have such facilities located and make arrangements as to
protective measures,that must be adhered to prior to the commencement of any work within the Road
rights-of-way. In addition to the liability terms elsewhere in this Agreement, Franchisee shall
indemnify and hold-the County 'and its:elected and appointed officers, employees and agents
harmless against and from all cost,-liability,and expense whatsoever(including,without limitation,
attorney's fees and court cdsts'apd expenses)arising out of or in any way contributed to by any act or
omission of Franchisee,its contractor,:agents and/or employees,that cause or in any way or degree
contribute to (1)any damage,to or destruction of any such facilities by Franchisee, and/or its
contractor,:agents and/or employees; on the County's property, (2)any injury to or death of any
person employed by or on behalf of any entity,and/or its contractor,agents and/or employees,on the
road rights-of-way,and/or(3) any claim or cause of action for alleged loss of profits or revenue,or
loss of service,-by a customer or user of services or products of such company(ies) (collectively
"Liabilities" for purposes of this Section V.I). The only Liabilities with respect to which
Franchisee's obligation to indemnify the County and its elected and appointed officers,employees
and agents does not apply are Liabilities to the extent arising out of,caused by or resulting from the
negligence of the County, and its elected and appointed officers, employees and agents and
Liabilities that by law the County and its elected and appointed officers, employees and agents for
which the County cannot be indemnified.
J. Franchisee shall continuously be a member of the State of Washington one number locator
service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable
rules and regulations.
K. Except in the event of emergency as described below,Franchisee and its Agents may not
enter upon the Franchise Area to perform work for which a utility permit is not required,unless and
except upon two-business days notice to the County Engineer.
L. In the event of an emergency involving the threat of imminent harm to persons or
property,and for purposes of taking immediate corrective action,Franchisee and its agents may enter
the Franchise Area without advance notice to the County as long as such entry is for the sole purpose
of addressing the emergency;provided however,that if any entry for such purposes would require
issuance of a utility permit,Franchisee shall give the County verbal or telephonic notice of the places
where and the manner in which entry is required prior to such entry,promptly followed by written
notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or
as soon as practicable after entry upon the road right-of-Way.
M. Franchisee shall promptly reimburse the County for their reasonable and direct costs
incurred in responding to an emergency that is caused, created by or attributable to the presence,
5
construction,maintenance,repair,or operation of the Franchisees utility facilities in the road rights-
of-way.
N. If,during installation;construction,relocation,realignment,adjustment,maintenance,or
repair of the Franchisee's utility facilities in the road rights-of-way,Franchisee or its agents discover
scientific or historic artifacts,Franchisee shall immediately notify the County of said discovery and
shall protect such artifacts in a manner-as specified by the County. Any such artifact shall be the
property of the County if the County wishes to own it.
VI. PROTECTION OF PUBLIC
All work done under this franchise shall be done in a thorough and workman-like manner. In the
performance of Work within or near`the road rights-of-way, including without limitation, the
opening of trenches and the tunneling under countyroads,rights-of way or other countyproperty,the
Franchisee shall leave such trenches;ditches and tunnels in such a way as to interfere as little as
-possible with public.travel and shall take all due and necessary precautions to guard the same,so that
damage or injury shall not occur br arise by reason of such Work; and where any of such trenches,
ditches and tunnels are.left open at-night,the Franchisee shall place warning lights,barricades and
other appropriate protective devices at such a position as to give adequate warning of such Work.
The Franchisee shall be liable for.any injury to person or persons or damage to property sustained -
arising out of its carelessness or neglect,or through any failure or neglect to properly guard or give
warning of any trenches, ditches or tunnels dug or maintained by the Franchisee.
VII. POLICE POWERS
The County of Mason,in granting this franchise,does not waive any rights which it now has or may
hereafter acquire with respect to county roads, rights-of-way or other county property and this
franchise shall not be construed to deprive the county of any powers,rights or privileges which it
now has or may hereafter acquire to regulate the use of and to control the county roads,rights-of-way
and other county property covered by this franchise. The County retains the right to administer and
regulate activities of the Franchisee up to the fullest extent of the law. The failure to reserve a
particular right to regulate,or reference a particular regulation, shall not be interpreted by negative
implication or otherwise to prevent the application of a regulation to the Franchisee.
VIII. RELOCATION
Franchisee shall, in the course of any Work, comply with the following requirements:
A. The Franchisee shall, by a time specified by the County,protect, support, temporarily
disconnect,relocate,or remove any of its utility facilities when required by the County by reason of
traffic conditions;public safety;road right-of-way construction;road right-of-way repair(including
resurfacing or widening); change of road right-of-way grade;construction,installation,or repair of
County-owned sewers,drains,water pipes,power lines,signal lines,tracks,communications system,
6
other public work, public facility, or improvement of any government-owned utility; road
right-of-way vacation;or for any other purpose where the County work involved would be aided by
the removal or relocation of the utility facilities. Collectively,such matters are referred to below as
the"public work."
Franchisee acknowledges and-.uinderstands that any delay by Franchisee in performing the herein
described work may.delay,'hinder; or interfere with the work performed by the County and its
contractors and-subcontractors doxie in furtherance of such Public Work and result in damage to the
County,including but not limited to;delay claims. Franchisee shall cooperate with the County and
its contractors and subcontractors to coordinate such Franchisee work to accommodate the Public
Work project and project schedules'to avoid delay, hindrance of, or interference with the Public
Work. The County of Mason ghall'make available to the Franchisee a copy of the Six Year
Transportation Program and the County's annual construction program after adoption each year. It is
anticipated these programs will aid the utility in planning construction programs.
B. Franchisee has a duty to protect its utility facilities from work performed by the County
within the road rights-of-way. The rights granted to the Franchisee herein do not preclude the
County of Mason, its employees, contractors, subcontractors, and agents from blasting, grading,
excavating, or doing 'other necessary road work contiguous to Franchisee's utility facilities;
providing that, the Franchisee shall be given a minimum of forty-eight (48) hours notice of said
blasting or other work in order that the Franchisee may protect its utility facilities.
C. In the event of an emergency,or where the utility facility creates or is contributing to an
imminent danger to health, safety, or property, the County may protect, support, temporarily
disconnect,remove,or relocate any or all parts of the utility facility without prior notice,and charge
the Franchisee for costs incurred.
D. If any Person that is authorized to place facilities in the road right of way requests the
Franchisee to protect, support,temporarily disconnect,remove,or relocate the Franchisee's utility
facilities to accommodate the construction,operation,or repair of the facilities of such other person,
the Franchisee shall,after 30 days'advance written notice,take action to effect the necessary changes
requested;provided that,if such project is related to or competes with Franchisee's service,or if the
effect of such changes would be to permanently deprive Franchisee of the beneficial enjoyment of
this franchise for its intended purposes through interference with the operation of Franchisee's utility
facilities or otherwise,Franchisee shall not be required to relocate its utility facilities. Unless the
matter is governed by a valid contract or a state or federal law or regulation, or unless the
Franchisee's utility facilities were not properly installed, the reasonable cost of the same shall be
borne by the Person requesting the protection, support, temporary disconnection, removal, or
relocation at no charge to the County,even if the County makes the request for such action.
E. The Franchisee shall, on the request of any person holding a valid permit issued by a
governmental authority, temporarily raise or lower its wires to permit the moving of buildings or
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other objects. The expense of such temporary removal or raising or lowering of wires shall be paid
by the person requesting the same.
The County of Mason will accept liability for direct and actual damages to said Franchisee that are
the result of the negligence of Mason,County, its trustees, officers, employees, contractors,
subcontractors or agents while performing County improvement or Public Works projects
enumerated in the original franchise agreement under Section VIII,paragraph B. Direct and actual
damages are specifically limited to physical damage to properly installed and located infrastructure
of the Franchisee and the cost to repair such physical damage. Mason County retains the right to
assert all applicable defenses in the'event of a dispute including contributory negligence on the part
of the Franchisee. Mason County shall in no way be liable for incidental damages claimed to arise
from such actions.
All Work to be performed,by'the Franchisee under this section shall pass the inspection of the
County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work.
IX. PRESERVATION OF MONUMENTS/MARKERS
Before any work is performed under this franchise which may affect any existing monuments or
markers of any nature relating to subdivisions,plats,roads and all other surveys,the Franchisee shall
reference all such monuments and markers. The reference points shall be so located that they will
not be disturbed during the Franchisee's operations under this franchise. The method ofreferencing
these monuments or other points to be referenced shall be approved by the County Engineer. The
replacement of all such monuments or markers disturbed during construction shall be made as
expeditiously as conditions permit,and as directed by the County Engineer. The cost of monuments
or other markers lost, destroyed, or disturbed, and the expense of replacement by approved
monuments shall be borne by the Franchisee.
A complete set of reference notes for monument and other ties shall be filed with the office of the
Mason County Engineer.
X. VACATION OF ROAD RIGHT-OF-WAY
If at any time the County shall vacate any County road,right-of-way or other County property which
is subject to rights granted by this franchise and said vacation shall be for the purpose of acquiring
the fee or other property interest in said road, right-of-way or other county property for the use of
Mason County, in either its proprietary or governmental capacity,then the Board of Mason County
Commissioners may, at its option, and by giving thirty(30) days written notice to the Franchisee,
terminate this franchise with reference to such county road,right-of-way or other countyproperty so
vacated, and the County of Mason shall not be liable for any damages or loss to the Franchisee by
reason of such termination. It has been the practice of Mason County to reserve easements for
utilities at the time of road vacation,and will continue to be the practice until such time the Board of
Mason County Commissioners direct a change of practice.
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XI. FINANCIAL SECURITY
A. Insurance Except as otherwise provided herein,Franchisee shall maintain for itself and
the County, throughout the entire period any part of Franchisee's utility facilities are located in the
Franchise Area, adequate insurance to protect the Parties and their elected and appointed officers,
agents, employees against all of County's and Franchisee's liability arising out of Franchisee's use
and occupancy of the Franchise Area or any part thereof. This obligation shall require the Franchisee
to maintain insurance at least in the following amounts:
1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily
injury, and property damage. The Commercial General Liability insurance shall be written on an
occurrence basis, with an aggregate limit location endorsement for the Franchise Area, and shall
provide coverage for any and all costs; including defense costs, and losses and damages resulting
from personal injury, bodily injury and death, property damage, products liability and completed
operations. Such insurance shall.include blanket contractual coverage, including coverage for the
Franchise as now or hereafter amended and specific coverage for the indemnity provisions set forth
herein. Coverage must be written with the following limits of liability:
Bodily and Personal Injury&Property Damage
$ 1,000,000 per Occurrence
$ 2,000,000 aggregate
2 WORKERS' COMPENSATION insurance shall be maintained to comply with
statutory limits for all employees,and in the case any work is sublet,the Franchisee shall require its
contractors and subcontractors similarly to provide workers' compensation insurance for all the
employees. The Franchisee shall also maintain, during the life of this policy, employer's liability
insurance;provided that this obligation shall not apply to any time period during which Franchisee
has no employees. The following minimum limits must be maintained:
Workers' Compensation Statutory
Employer's Liability $ 1,000,000 each occurrence
3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired,and
non-owned vehicles operated by Franchisee employees on an occurrence basis with coverage of at
least $2,000,000 per occurrence.
If the Franchisee, its contractors, or subcontractors do not have the required insurance, the County
may require such entities to stop operations until the insurance is obtained and approved.
Certificates of Insurance reflecting evidence of the required insurance and approved by the County's
Risk Manager for the GENERAL LIABILITY policies described above,shall be sent to the County's
risk manager. The certificate shall be filed with the acceptance of the franchise, and annually
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thereafter, and as provided below. All coverage shall be listed all on one certificate with the same
expiration dates.
The certificates shall contain a provision that coverages afforded under these policies will not be
canceled until at least 30 days'prior written notice has been given to the County.
In the event.that the insurance certificate provided indicates that the insurance shall terminate or
lapse during the period of the franchise, then, in that event,the Franchisee shall furnish,at least 30
days prior to the expiration of the date of such insurance,a renewed certificate of insurance as proof
that equal and.like coverage.has.been or will be obtained prior to any such lapse or termination
during the balance of the period of the franchise.
The County reserves the right, during the term of the franchise, to require any other insurance
coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk
I.management practices and principals based upon the loss exposures.
Each insurance policy required pursuant to this franchise shall be primary and non-contributing as
respects any coverage maintained by,the County and shall include an endorsement reflecting the
same. Any other coverage maintained by County shall be excess of this coverage herein defined as
primary and shall not contribute with it. .The certificate of insurance must reflect that the above
wording is included in all such policies.
Each insurance policy obtained pursuant to this franchise shall be issued by financially sound
insurers who may lawfully do business in the State of Washington with a financial rating at all times
during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of
"Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating
guide approved in writing by the County's risk manager. In the event that at any time during
coverage,the insurer does not meet the foregoing standards,Franchisee shall give prompt notice to
the County and shall seek coverage from an insurer that meets the foregoing standards. The County
reserves the right to change the rating or the rating guide depending upon the changed risks or
availability of other suitable and reliable rating guides.
Comprehensive general liability insurance policies and coverage obtained pursuant to this franchise
shall include an endorsement(standard ISO form CG 24-17) deleting all exclusions for work or
incidents occurring within any distance from a railroad track or railroad property, or on, over, or
under a railroad track.
Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless
approved of by the County Risk Manager or designee.
Commercial general liability insurance policies obtained pursuant to this franchise shall name the
County as an additional insured without limitation,pursuant to an endorsement approved of by the
County's Risk Manager or designee.
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Franchisee and Franchisee's Contractors' insurers, through policy endorsement, shall waive their
rights of subrogation against the County for all claims and suits. The certificate of insurance must
reflect this waiver of subrogation rights endorsement.
Commercial General Liability Insurance policies and coverage required herein of public utility
operators may include a reasonable deductible or self-insured retention;provided,however,that as to
any Loss or Damage covered as provided herein, if Franchisee elects to include any deductible or
self-insured retention,Franchisee shall itself directly cover,in lieu of insurance,any and all County
liabilities that would otherwise in accordance with the provisions of this Franchise be covered by
Franchisee's insurance if Franchisee elected not to include a deductible or self-insured retention.
Such direct coverage by Franchisee shall be in an amount equal to the amount of Franchisee's actual
deductible or self-insured retention. Franchisee shall be required to provide a certification of self-
insurance retention to the county in a form and content acceptable to the county engineer.
B. Performance/Payment Bond. At the same time Franchisee provides its acceptance of this
Franchise, the Franchisee shall, if required by the County Engineer, provide a performance and
payment bond to ensure the full and faithful performance of all of its responsibilities under this
franchise and applicable rules, regulations and ordinances, including, by way of example,but not
limited to,its obligations to relocate and remove its utility facilities,to restore the road rights-of-way
and other property when damaged or disturbed, and to reimburse the County for its costs. The
amount of the performance and payment bond shall be for ZERO ($0). The amount of the bond,or
cash deposit as described below, may be adjusted by the County every five years from the date of
execution of this franchise,to take into account cumulative inflation or increased risks to the County.
The Franchisee maybe required to obtain additional bonds in accordance with the County's ordinary
practices. The bond shall be in a form with terms and conditions acceptable to the County and
reviewed and approved by the County Engineer. The bond shall be with a surety with a rating no
less than "A V in the latest edition of"Bests Key Rating Guide," published by A.M. Best Guide.
The Franchisee shall pay all premiums or costs associated with maintaining the bond,and shall keep
the same in full force and effect at all times.If Franchisee fails to provide or maintain the bond,then
the County,in its sole discretion,may require Franchisee to substitute an equivalent cash deposit as
described below in lieu of the bond.
Franchisee, may at its election or upon order by the County, substitute an equivalent cash deposit
instead of a performance and payment bond. This cash deposit shall ensure the full and faithful
performance of all of Franchisee's responsibilities hereto under this Permit and all applicable laws,
rules, regulations or ordinances. This includes,but is not limited to, its obligations to relocate or
remove its facilities, restore the road rights-of-way and other property to their original condition,
reimbursing the County for its costs, and keeping Franchisee's insurance in full force.
The County shall notify Franchisee in writing, by certified mail, of any default and shall give
Franchisee thirty(3 0)days from the date of such notice to cure any such default. In the event that the
Franchisee fails to cure such default to the satisfaction of the County,the County may,at its option,
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forfeit the entire amount of the cash deposit or draw upon the cash deposit up to the amount of the
County's costs incurred to cure Franchisee's default. Upon the County's cure of Franchisee's
.default, the County shall notify Franchisee in writing of such cure.
In the event that the County.draws upon the cash deposit or forfeits the same, Franchisee shall
thereupon replenish the cash deposit:to.the full amount as specified herein or provide a replacement
performance and payment bond.
Before any Work commences in the road right-of-way,the County Engineer may require the operator
to provide a performance and payment bond for each separate project in an amount to be determined
by the County Engineer, but not less than five hundred dollars, written by a surety company
acceptable to the County Risk.Manager and authorized to do business in the state of Washington.
The purpose of'the bond is to.insure completion of construction, including the restoration of
surfacing,slopes,slope treatment,topsoil;landscape treatment,and drainage facilities,and cleanup
of rights-of-way, and payment of costs.incurred by the County to enforce the requirements of this
Chapter. The performance and payment bond shall be in place for a period ending not more than one
year after the date of completion.
A proj ect specific performance bond shall not be required in the event that the franchisee has in place
a blanket performance bond and, when required, a payment bond, maintained pursuant to the
requirements of this franchise.
A performance and payment bond for work in the road right-of-way will not be required of the
United States Government or any of its agencies or of any municipal corporation or department
of the state of Washington and its local subdivisions.
C. Limitation of Liability. To the fullest extent permitted by law,the Franchisee shall, and
shall cause its contractor(s) to release, indemnify, defend and hold harmless the county and the
county's legal representatives, officer(elected or), appointed) employees and agents(collectively,
"indemnitees") for, from and against any and all claims, liabilities, fines,penalties, cost, damages,
losses, liens, causes of action, suits, demands, judgments and expenses (including, without
limitations, court costs, attorneys' fees and costs of investigation, removal and remediation and
governmental oversight costs),Environmental or otherwise(collectively"liabilities")of any nature,
kind, or description, of any person or entity, directly or indirectly, arising out of,resulting from, or
related to (in whole or in part):
1. this franchise;
2. any rights or interests granted pursuant to this franchise;
3. franchisee's occupation and use of the road right of way;
4. franchisee's operation of its utility facilities;
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5. the presence of utility facilities within the right of way;
6. the environmental condition and status of the road right-of-way caused by,
aggravated by, or contributed to, in whole or in part,by franchisee or its agents; or
. 7. The acts,errors,or omissions of third parties when arising out of the installation,
construction,adjustment,relocation,replacement,removal,or maintenance of such third party utility
facilities within the road rights-of-way when such work is performed under authority of the
operator's utility permit or at the direction or under the control of the operator; or
8. any act or omission of franchisee or franchisee's agents;
The only liabilities,with respect to which franchisee's obligation to indemnify the indemnitees do not
apply are liabilities to the extent arising out of, caused by or resulting from the negligence of the
county, its officers,.agents, employees or contractors and liabilities that by law the indemnities
cannon be indemnified for.
Upon written notice from the county;franchisee agrees to assume the defense of any lawsuit or other
proceeding brought against any indemnitee by any entity, relating to any matter covered by this
franchise for which franchisee has an obligation to assume liability for and/or save and hold harmless
any indemnitee.Franchisee shall pay all cost incident to such defense,including,but not limited to,
attorneys' fees,investigators'fees,litigation and appeal expenses,settlement payments and amounts
paid in satisfaction of judgments. Franchisee will fully satisfy said judgment within ninety(90)days
after said suit or action shall have finally been determined if determined adversely to Mason County.
Upon the Franchisee's failure to satisfy said judgment within the ninety (90) day period, this
franchise shall at once cease and terminate.
Acceptance by the County of any Work performed by the Franchisee at the time of completion shall
not be grounds for avoidance of this covenant.
XII. FRANCHISE NONEXCLUSIVE
This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the
County of Mason from granting other utilities under,along,across,over and upon any of the County
roads,rights-of-way or other County property subj ect to this franchise and shall in no way prevent or
prohibit the County of Mason from constructing, altering, maintaining or using any of said roads,
rights-of-way,drainage structures or facilities,irrigation structures or facilities,or any other county
property or affect its jurisdiction over them or any part of them with full power to make all necessary
changes,relocations,repairs,maintenance, etc., the same as the county may deem fit.
XIII. SUCCESSORS AND ASSIGNS
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All the provisions,conditions,regulations and requirements herein contained shall be binding upon
the successors and assigns of the Franchisee,and all privileges,as well as all obligations and liability
of the Franchisee, shall ensure to its successors and assigns equally as if they were specifically
mentioned wherever the Franchisee is mentioned. Any reference in this franchise to a specifically
named party shall be deemed to apply to any successor, heir, administrator, executor or assign of
such party who has acquired,its interest in compliance with the terms of this franchise,or under law.
XIV. TRANSFER/ASSIGNMENT
Franchisee may assign or transfer this franchise after prior written notice to County of Mason and
-assignee's written commitment,iri.a form'and content approved by the County Prosecutor,delivered
to County of Mason, that assignees shall thereafter be responsible for all obligations of Franchisee
with respect to the franchise and guaranteeing performance under the terms and conditions of the
franchise and that.transferee will be bound by all the conditions of the franchise and will assume all
the-obligations of its predecessor.- Such an assignment shall relieve the Franchisee of any further
obligations under,the franchise, including any obligations not fulfilled by Franchisee's assignee;.
provided that,the assignment shall not in any respect relieve the Franchisee,or any of its successors
in interest, of responsibility for acts or omissions,known or unknown,or the consequences thereof,
which acts or omissions occur prior to the time of the assignment. No franchise or master road use
permit may be assigned or transferred without filing or establishing with the county the insurance
certificates and performance bond as required pursuant to this franchise.
XV. ANNEXATION
Whenever any of the County roads, rights-of-way or other county property as designated in this
franchise,by reason of the subsequent incorporation of any town or city,or extension of the limits of
any town or city, shall fall within the city or town limits and shall by operation of law or otherwise
terminate in respect to the said roads,rights-of-way or other county property so included with city or
town limits; this franchise shall continue in force and effect to all county roads, rights-of-way or
other county property not so included in city or town limits.
XVI. REVOCATION/REMEDIES
A. Revocation. In addition the right to revoke this franchise as set forth in Title 12 of the
Mason County Code, if the Franchisee shall willfully violate, or fail to comply with any of the
provisions of this franchise through willful or unreasonable neglect or fail to heed or comply with
any notice given the Franchisee under the provision of this grant, then Franchisee shall forfeit all
rights conferred hereunder and this franchise may be revoked or annulled, after a public hearing by
the Board of County Commissioners. The Franchisee shall not be relieved of any of its obligations
to comply promptly with any provision of this franchise by reason of any failure of the County to
enforce prompt compliance,and the County's failure to enforce shall not constitute a waiver of rights
or acquiescence in the Licensee's conduct.
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Subject to the required consent, adjudication, permission or authorization of a federal or state
regulatory agency with jurisdiction over the subject matter, upon revocation of the franchise, the
County may require the Franchisee to remove its utility facilities from any road rights-of-way, and
restore such road right-of-way to its same or better condition as existed just prior to such removal,or
de-commission and abandon such utility facilities in place in whole or in part and in a manner
approved by the County Board of Commissioners. If the Franchisee fails to remove utility facilities
that the County requires it to remove,the County may perform the work and collect the cost thereof
from the Franchisee. The actual cost thereof,including direct and indirect administrative costs,shall
be a lien upon all utility facilities of the Franchisee within the franchise Area effective upon filing of
the lien with the Mason County Auditor.
B. Remedies. The County has the right to exercise any and all of the following remedies,
singly or in combination,in the event of Default. "Default"shall mean any failure of Franchisee or
its agents to keep,observe,or.perform any of Franchisee's or its agent's duties or obligations under
this franchise:
1. Damages. Franchisee shall be liable for any and all damages incurred by County.
2. Specific Performance. County shall be entitled to specific performance of each
and every obligation of Franchisee under this franchise without any requirement to prove or establish
that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of
any such proof and acknowledges that County would not have an adequate remedy at law for
Franchisee's commission of an Event of Default hereunder.
3. Injunction. County shall be entitled to restrain, by injunction, the actual or
threatened commission or attempt of an Event of Default and to obtain a judgment or order
specifically prohibiting a violation or breach of this Agreement without, in either case, being
required to prove or establish that County does not have an adequate remedy at law. Franchisee
hereby waives the requirement of any such proof and acknowledges that County would not have an
adequate remedy at law for Franchisee's commission of an Event of Default hereunder.
4. Alternative Remedies. Neither the existence of other remedies identified in this
franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to
commence an action for equitable or other relief, and/or proceed against Franchisee and any
guarantor for all direct monetary damages, costs and expenses arising from the Default and to
recover all such damages, costs and expenses, including reasonable attorneys' fees. Remedies are
cumulative; the exercise of one shall not foreclose the exercise of others.
XVII. SUBSEQUENT ACTION
In the event that after this franchise becomes effective, (a) there is a change in the law which
broadens the authority of the County of Mason or the Franchisee with respect to any act permitted or
authorized under this franchise; or (b)the County of Mason or the Franchisee believe that
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amendments to this franchise are necessary or appropriate, then the County of Mason and the
Franchisee agree to enter into good faith negotiations to amend this franchise so as to enable the
Parties to address, in a manner reasonably acceptable to all Parties, such change or other
development which formed the basis for the negotiations. The Parties recognize that the purpose of
the negotiations would be to`preserve, to the maximum extent consistent with law, the scope and
purpose of this franchise.
Mason County reserves for itself the right at any time upon ninety(90) days written notice to the
Franchisee, to so change, amend, modify or amplify any of the provisions or conditions herein
enumerated to conform to any state statute or county regulation,relating to the public welfare,health,
safety or highway regulation,as may hereafter be enacted,adopted or promulgated and this franchise
may be terminated at such time a public hearing is held by the Board of County Commissioners,and
the Franchisee's utility facilities are found not to be operated or maintained in accordance with such
statute or regulation.
XVIII. ACCEPTANCE
Franchisee shall execute and return to the County of Mason a signed acceptance of the franchise
granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit
"A", and in accepting the franchise, Franchisee warrants that it has carefully read the terms and
conditions of this franchise and accepts all of the terms and conditions of this franchise and agrees to
abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts,
that it has had the assistance of counsel, that it was not induced to accept a franchise, that this
franchise represents the entire agreement between the Franchisee and the County of Mason. In the
event the Franchisee fails to submit the countersigned ordinance and acceptance as provided for
herein within the time limits set forth in this section, the grant herein is and shall become null and
void.
XIX. MISCELLANEOUS PROVISIONS
A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any
of the provisions of this franchise shall be governed by the laws of the State of Washington. Venue
of any action or arbitration brought under this franchise shall be in Mason County,Washington or the
Western District of Washington if an action is brought in federal court, provided, however, that
venue of such action is legally proper.
B. Liens. Franchisee shall promptly pay and discharge any and all liens arising out of any
Work done, suffered or permitted to be done by Franchisee on any Franchise Area.
C. Waiver. No waiver by either party of any provision of this franchise shall in any way
impair the right of such parry to enforce that provision for any subsequent breach, or County of
Mason's right to enforce all other provisions of this franchise.
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D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the
terms of this franchise, the substantially prevailing Party or Parties shall be entitled to reasonable
attorney's fees,costs and necessary disbursements in addition to any other relief to which such Party
or Parties may be entitled.
E. Amendment. This franchise may be amended only by a written contract signed by
authorized representatives of Franchisee and County of Mason.
F. Severability. If any provision of this franchise is held to be illegal, invalid or
unenforceable under present or future laws,such provision will be fully severable and this franchise
will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part
hereof,and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal,
invalid or unenforceable provision herein, there will be added automatically as a part of this
franchise; a provision as similar in its terms to such illegal, invalid or unenforceable provision as
may be possible and be legal,valid and enforceable.
G. Joint and Several Liability. Franchisee acknowledges that, in any case in which
Franchisee and Franchisee's Contractors are responsible under the terms of this franchise, such
responsibility is joint and several as between Franchisee and any such Franchisee's Contractors;
provided that,the Franchisee is not prohibited from allocating such liability as a matter of contract.
H. Notices. Any notice contemplated, required, or permitted to be given under this
franchise shall be sufficient if it is in writing and is sent either by: (a) registered or certified mail,
return receipt requested;or(b)a nationally recognized overnight mail delivery service,to the Party
and at the address specified below, except as such Party and address may be changed by providing
notice to the other Party no less than thirty (30) days' advance written notice of such change in
address.
Franchisee: Erickson Lake Homeowners Association.
5981 NE Tahuya Blacksmith Road
Belfair, WA 98528
Attn: Katherine Shank
Grantor: County of Mason Public Works
100 Public Works Drive
Shelton, WA 98584
I. Approvals. Nothing in this franchise shall be deemed to impose any duty or obligation
upon the County of Mason to determine the adequacy or sufficiency of Franchisee's plans and
specifications or to ascertain whether Franchisee's proposed or actual construction, testing,
maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in
17
conformance with the plans and specifications reviewed by the County of Mason. No approval
given, inspection made,review or supervision performed by the County of Mason pursuant to this
franchise shall constitute or be construed as a representation or warranty express or implied by
County of Mason that such item approved, inspected, or supervised, complies with laws, rules
regulations or ordinances or this franchise or meets any particular standard,code or requirement,or
is in conformance with the plans and specifications,and no liability shall attach with respect thereto.
County and inspections as provided herein, are for the sole purpose of protecting the County of
Mason's rights as the owner or manager of the road rights-of-way and shall not constitute any
representation or warranty,express or implied,as to the adequacy of the design,construction,repair,
or maintenance of the utility facilities, suitability of the Franchise Area for construction,
maintenance,or repair of the utility facilities,or any obligation on the part of the County of Mason to
insure that work or materials are in compliance with any requirements imposed by a governmental
entity. County of Mason is under no obligation or duty to supervise the design, construction,
installation, relocation, adjustment, realignment, maintenance, repair, or operation of the utility
facilities.
J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to
perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or
an act of God,provided that such Party has made and is making all reasonable efforts to perform
such obligation and minimize any and all resulting loss or damage.
K. Construction. All pronouns and any variations thereof shall be deemed to refer to the
masculine,feminine or neuter,singular or plural,as the identity of the Party or Parties may require.
The provisions of this franchise shall be construed as a whole according to their common meaning,
except where specifically defined herein,not strictly for or against any party and consistent with the
provisions contained herein in order to achieve the objectives and purposes of this franchise.
L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this
franchise or in the future as contemplated herein, are hereby incorporated by reference as though
fully set forth herein.
M. Calculation of Time. All periods of time referred to herein shall include Saturdays,
Sundays,and legal holidays in the State of Washington,except that if the last day of any period falls
on any Saturday,Sunday,or legal holiday in the State of Washington,the period shall be extended to
include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington.
N. Entire Agreement. This franchise is the full and complete agreement of County of Mason
and Franchisee with respect to all matters covered herein and all matters related to the use of the
Franchise.Area by Franchisee and Franchisee's Contractors,and this franchise supersedes any and all
other agreements of the Parties hereto with respect to all such matters,including,without limitation,
all agreements evidencing the franchise.
O. No Recourse. Without limiting such immunities as the County or other persons may have
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under applicable law,Franchisee shall have no monetary recourse whatsoever against the County or
its officials, boards, commissions, agents, or employees for any loss or damage arising out of the
County's exercising its authority pursuant to this Franchise or other applicable law.
P. Responsibility for Costs. Except as expressly provided otherwise,any act that Franchisee
is required to perform under this franchise shall be performed at its cost. If Franchisee fails to
perform work that it is required to perform within the time provided for performance,the County
may perform the work and bill the Franchisee. The Franchisee shall pay the amounts billed within
30 days.
Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors is
subject to the same restrictions, limitations, and conditions as if the work was performed by the
Franchisee. The Franchisee shall be responsible for all work performed by its contractors and
subcontractors,and others performing work on its behalf,under its control,or under authority of its
utility permit,as if the work were performed by it and shall ensure that all such work is performed in
compliance with this franchise, Title 12 MCC,the Manual and other applicable law, and shall be
jointly and severally liable for all damages and correcting all damage caused by them. It is the
Franchisee's responsibility to ensure that contractors,subcontractors,or other Persons performing
work on the Franchisee's behalf are familiar with the requirements of the franchise,Title 12 MCC,
the Manual, and other applicable laws governing the work performed by them.
R. Survival of Terms. Upon the expiration, termination, revocation or forfeiture of the
franchise,the Franchisee shall no longer have the right to occupy the franchise area for the purpose
of providing services authorized herein. However,the Franchisee's obligations under this franchise
to the County shall survive the expiration, termination, revocation or forfeiture of these rights
according to its terms for so long as the Franchisee's utility facilities shall remain in whole or in part
in the road rights of way. By way of illustration and not limitation, Franchisee's obligations to
indemnify, defend and hold harmless the County, provide insurance and a performance/payment
bond pursuant to Section M and Franchisee's obligation to relocate its utility facilities pursuant to
Section VIII, shall continue in effect as to the Franchisee, notwithstanding any expiration,
termination, revocation or forfeiture of the franchise,except to the extent that a County-approved
transfer,sale, or assignment of the utility system is completed,and another entity has assumed full
and complete responsibility for the utility system or for the relevant acts or omissions.
S. Warranties. By acceptance of this franchise,Franchisee warrants:
1. That Franchisee has full right and authority to enter into and perform this
Franchise in accordance with the terms hereof, and by entering into or performing this Franchise,
Franchisee is not in violation of its charter or by-laws,or any law,regulation,or agreement by which
it is bound or to which it is subject; and
2. That the execution,delivery,and performance of this Franchise by Franchisee has been duly
authorized by all requisite Board/Commission action, that the signatories for Franchisee of the
acceptance hereof are authorized to sign this Franchise,and that the joinder or consent of any other
19
party, including a court, trustee, or referee, is not necessary to make valid and effective the
execution, delivery, and performance of this Franchise and acceptance.
DATED at Shelton, Washington this day of 20
BOARD.OF COMMISSIONERS
APPROVED: MASON COUNTY, WASHINGTON
County Engineer Chair
Approve as to form:
Vice Chair
Chief D.P.A.
Commissioner
20
Exhibit A
ACCEPTANCE OF FRANCHISE
Ordinance No. 115-06, effective November 14, 2006.
I, � am the
and am the authorized representative to accept the above-referenced franchise on behalf of
)==C&
I certify th this franchise and all terms and conditions thereof are accepted by
/JA, , without qualification or reservation.
DATED this day of , 20 •
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FRANCHISEE
By: fi�� `7� —�� 0 V
Its: `tt :�t Kms'{`
Tax Id. No. A I- I C7 x_460
STATE OF , )
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COUNTY OF )
I certify that I know or have satisfactory evidence that j,,W is the
person who appeared before me,and said person acknowledged that he/she signed this instrument,on oath stated
that he/she w s authori d to execute he in trument and acknowledged it as the "(�P(�,�jU�-Q1� of
the� S' ` � � � �` to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
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EXHIBIT B
Description of Franchise Area
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RECORDED AT THE REQUEST OF
AND AFTER RECORDING RETURN TO:
County of Mason
100 West Public Works Drive
Shelton WA 98584
Attn: County Engineer
Title: Erickson Lake Homeowners Association Franchise Agreement
Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington
Grantee: ERICKSON LAKE HOMEOWNERS ASSOCIATION
Description of Franchise Area: SEE EXHIBIT B
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold
a public hearing at the Mason County Courthouse Building I, Commission Chambers, 411 North
Fifth Street, Shelton, WA 98584 on Tuesday, February 18,2020 at 9:15am.
SAID HEARING will be to consider the water franchise application between Mason County and
Erickson Lake Homeowners Association.
If special accommodations are needed,please contact the Commissioners' office,
(360) 427-9670 (Shelton), (360) 482-5269 (Elma) or (360) 275-4467 (Belfair), Ext. 419 or any
questions contact Terry Conley, 360-427-9670,Ext.450.
DATED this_day of January,2020.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
Melissa Drewry, Clerk of the Board
Cc: Auditor
Clerk of the Board
Public Works
Listed Water Districts
Journal - Publ 2t: 1/30/20 & 2/6/20 (not less than 5 days prior to hearing)
Post: 3 public places 15 days before hearing—No later than 2/3/20
(Bill Public Works— 100 W Public Works Drive, Shelton, WA 98584)
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Sheesley, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: January 21, 2020 Agenda Item #
BRIEFING DATE: January 13, 2020
BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Request for Qualifications - Hydraulics/Hydrologic Analysis
Consultant Services
BACKGROUND:
Public Works would like to advertise a Request for Qualifications (RFQ) for
Hydraulic/Hydrologic Analysis consultant services. These services are needed for the
following county road projects.
CRP 1995 - North Shore Road — Cady Creek Culvert Replacement
Consultant for Hydraulics/hydrologic analysis to support Public Works
engineering and design.
CRP 2011 - North Island Drive — Culvert Replacement
Consultant for Hydraulics/hydrologic analysis, structure design, and
environmental documentation to support permitting.
CRP 2021 - North Shore Road — Great Bend Creek Culvert Replacement
Consultant for Hydraulics/hydrologic analysis, structure design, and
environmental documentation to support permitting.
RECOMMENDED ACTION:
Recommend the Board of County Commissioners authorize Public Works to advertise
a Request for Qualification for Hydraulic/Hydrologic Analysis consultant services for
North Shore Road — Cady Creek Culvert Replacement (CRP 1995), North Island Drive
Culvert Replacement (CRP 2011) and North Shore Road — Great Bend Creek Culvert
Replacement (CRP 2021) and enter into and sign contracts.
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Sheesley, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: January 21, 2020 Agenda Item #
BRIEFING DATE: January 13, 2020
BRIEFING PRESENTED BY: Loretta Swanson and Diane Sheesley
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: County Road Project 2026 - Harstine Island Bridge— Deck Repair
BACKGROUND:
On April 23, 2019, Commissioners authorized Public Works to submit a Federal Highways Bridge
Program Grant for deck repair to the Harstine Island Bridge. This last week WSDOT notified
Public Works that Mason County was selected to receive federal funding through the Local
Bridge Program in the amount of$3,000,000.
With funding secured, County Road Project (CRP) No. 2026, Harstine Bridge Road, bridge
maintenance project is being created. This project will include preparing the existing concrete
deck and installing a Polyester Concrete Overlay.
CRP Road Name Road Number Approx. Mileposts
2026 Harstine Bridge Road 30000 MP 0.12 — MP 0.40
BUDGET IMPACT: The project requires 13.5% local match. If construction is authorized by
December 2022, the project is eligible for 100% federal funding for eligible costs (preventative
maintenance project are limited to a maximum $3 million).
Estimated Total Cost: $3,060,000
Local Bridge Program Grant: $3,000,000
Estimated Road Funds: $60,000
RECOMMENDED ACTION: Request Board authorizes the following for County Road Project
(CRP) 2026, Harstine Island Bridge - Deck Repair:
1. Resolution for CRP 2026 on Harstine Bridge Road for the Harstine Island Bridge deck repair
project;
2. County Engineer to advertise, set bid date/time and award contract;
3. County Engineer to announce Request for Qualifications as needed for consultant services
for the project and enter into contract(s).
4. County Engineer and/or the Chair to sign all pertinent documents for project and
Federally funded Local Bridge Program grant.
Attachments: Resolution
Map
MASON COUNTY
COMMISSIONERS RESOLUTION NO:
COUNTY ROAD PROJECT NO. 2026
HARSTINE ISLAND BRIDGE—DECK REPAIR
WHEREAS,on Mason County Road No.30000 known locally as the Harstine Bridge Road
and more specifically located in Sec.3&4,T 20N,R 2W,WM,at approximately MP 0.12 to MP 0.40;
work defined as"construction'in the BARS Manual,Page U-63,et seq,is determined to be
necessary and proper;and,
THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
that it is their intention to:
Repairing existing concrete deck and installing a polyester concrete overlay.
SAID WORK is to be performed by Contract and/or County Forces in accordance with Washington
State Standard Specifications for Road and Bridge Construction as adopted by Mason County.
(RCW 36.77.060 and/or RCW 26.77.065)
BE IT FURTHER RESOLVED that the described County Road Project is necessary and
proper,and the estimated costs of said project are herewith set out as follows:
Engineering: $475,125
Right of Way $ 10,000
Construction $2,574,875
The County Road project herein described is HEREBY DECLARED to be a public
necessity,and the County Road Engineer is HEREBY ORDERED AND AUTHORIZED to report
and proceed thereon as by law,provided and in accordance with RCW 36.77.070 et.seq.
ADOPTED this day of 2020.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
Sharon Trask,Chair
ATTEST:
Randy Neatherlin,Vice Chair
Melissa Drewry,Clerk of the Board
Kevin Shutty,Commissioner
APPROVED AS TO FORM:
Tim Whitehead,
Deputy Prosecuting Attorney
cc: Co.Commissioners
Engineer
JOURNAL: Publ.1t:
HARSTINE BRIDGE ROAD (M.P. 0. 12 - 0.40)
CRP 2026 Harstine Island Bridge - Deck Repair
Local Bridge Program Grant (IFFY 2019)
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MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Loretta Swanson, Public Works Director Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: January 21, 2020 Agenda Item #
BRIEFING DATE: January 13, 2020
BRIEFING PRESENTED BY: Loretta Swanson
[] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency:
ITEM: Designating an Acting County Engineer
BACKGROUND:
Washington Administrative Codes (WAC) 136-12-020 and -030 requires the county's
legislative authority, within five working days, to notify the County Road
Administration Board (CRAB) of the vacancy of the County Engineer position and via
resolution appoint an acting County Engineer for an interim period not to exceed six
month.
With the resignation of Diane Sheesley as the County Engineer (effective January 23,
2020), Dave Smith, PE, the Public Works Engineering & Construction Manager will act
also as the interim County Engineer for the next six months or until the recruitment
process is completed to secure an applicant to fill the vacant position.
Recommended Action:
Recommend the Board appoint Dave Smith as the Acting County Engineer for Mason
County for a period not to exceed six months beginning January 23, 2020.
Attachments:
1. Resolution
RESOLUTION NO.
IN THE MATTER OF DESIGNATING AN ACTING COUNTY ENGINEER FOR AN
INTERIM PERIOD, NOT TO EXCEED SIX MONTHS
WHEREAS, RCW 36.80.010 indicates the "The county legislative authority of
each county shall employ a County Road Engineer ..."
WHEREAS, the current Public Works County Engineer, Diane Sheesley has
resigned from her position effective January 23, 2020; and,
WHEREAS, WAC 136-12-030; requires a resolution attesting to the appointment
of an acting County Engineer to be approved and transmitted to the County Road
Administration Board.
WHEREAS, the Mason County Human Resource Department has begun the
recruitment process to fill the position of Public Works Deputy Director/County
Engineer;
NOW, THEREFORE BE IT RESOLVED that the Board of Mason County
Commissioners does hereby designate Dave Smith as the Acting County Engineer for a
period not to exceed six months beginning January 23, 2020.
DATED this 21St day of January, 2020
BOARD OF MASON COUNTY
COMMISSIONERS
Sharon Trask, Chair
ATTEST: Randy Neatherlin, Vice Chair
Melissa Drewry, Clerk of the Board
Kevin Shutty, Commissioner
REVIEWED AS TO FORM:
Tim Whitehead,
Ch. Civil Prosecutor
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Frank Pinter Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 530
COMMISSION MEETING DATE: 1/21/20 Agenda Item # g_
(Commissioner staff to
complete)
BRIEFING DATE: 1/13/20
BRIEFING PRESENTED BY:
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Approval to amend Resolution No. 101-19 to revise the Non-Represented
Salary Scale Range Alignment by adding a County Surveyor at Salary Range 38, a
Project Support Services Manager at Salary Range 32, an Engineering & Construction
Assistant Manager at Salary Range 30, a Senior Deputy Coroner at Salary Range 11,
eliminating the Technical Services Manager and reducing one Engineer full time
equivalent (FTE) position allotted on the Non-Represented Salary Scale; and approving
the reclassification of the Deputy Administrator, Probation Services from Salary Range
33 to Juvenile Court Services Deputy Administrator at Salary Range 35 and placing the
incumbent at Salary Step 5, effective February 1, 2020, and reclassify the Chief
Deputy at Salary Range 27 to a Chief Deputy Clerk at Salary Range 29, and placing
the incumbent at Salary Step 1, effective February 1, 2020.
Background: Public Works requested a reorganization based on the needs of the
department, recruit and retain issues. Based on this reorganization the changes
include a County Surveyor who would have the authority to sign off on projects,
therefore relieving some of the pressure on the County Engineer and addresses the
issue of an employee being paid out of class pay for supervisory duties, a reinstates a
previous position of Project Support Services Manager and eliminates the Technical
Services Manager position, and creates an Engineering & Construction Assistant
Manager and eliminates one allotted Engineer FTE.
Coroner, Wes Stockwell requested to create post and fill one position as Senior Deputy
Coroner at a Salary Range 11 to accommodate the workflow in his office and cover
duties while he not available. The Coroner's Office is a 24-hour a day, seven-day a
week office and therefore needs coverage to support the duties as required. This will
eliminate one extra help employee. Currently he utilitizes three extra help employees.
Resolution 71-15 amended the Personnel Policy adding Chapter 5.3 Reclassification
with an effective date of January 1, 2016. Reclassifications are reallocations of
positions from one class to another as a result of changed duties, responsibilities,
and/or authority of a position. . A classification analysis focuses upon the
qualifications, responsibilities, tasks, and duties of the position and not the
qualifications of the incumbent in the position.
The following factors may be considered as evidence of possible eligibility for
reclassification: a. A majority of job duties have changed to the extent they are more
accurately reflected in another existing classification description; b. A majority of job
duties have changed to the extent the job entails a different skill set, which requires
increased education or experience in order to perform essential job functions.
The Deputy Administrator, Probation Services does meet the requirements as outlined
in the reclassification policy to be reclassified to Juvenile Court Services Deputy
Administrator. The Chief Deputy position also meets the qualifications to be
reclassified to Chief Deputy Clerk.
The 2020 budget impact for the reclassification request for the Juvenile Court Services
Deputy Administrator is $5,050, the budget impact for the Chief Deputy Clerk is
$5,365 and the budget impact for the Senior Deputy Coroner is the cost of medical for
a regular full time employee of $15,720 annually.
RECOMMENDED ACTION: Approval to amend Resolution No. 101-19 to revise the
Non-Represented Salary Scale Range Alignment by adding a County Surveyor at Salary
Range 38, a Project Support Services Manager at Salary Range 32, an Engineering &
Construction Assistant Manager at Salary Range 30, a Senior Deputy Coroner at Salary
Range 11, eliminating the Technical Services Manager and reducing one Engineer full
time equivalent (FTE) position allotted on the Non-Represented Salary Scale; and
approving the reclassification of the Deputy Administrator, Probation Services from
Salary Range 33 to Juvenile Court Services Deputy Administrator at Salary Range 35
and placing the incumbent at Salary Step 5, effective February 1, 2020, and reclassify
the Chief Deputy at Salary Range 27 to a Chief Deputy Clerk at Salary Range 29, and
placing the incumbent at Salary Step 1, effective February 1, 2020.
Attachment: Resolution and Non-Represented Salary Scale Range Alignment
RESOLUTION NO.
AMENDING RESOLUTION NO. 101-19 TO REVISE THE NON-REPRESENTED SALARY SCALE
RANGE ALIGNEMENT BY ADDING A COUNTY SURVEYOR POSITION AT SALARY RANGE 38,
PROJECT SUPPORT SERVICES MANAGER AT SALARY RANGE 32,
ENGINEERING & CONSTRUCTION ASSISTANT MANAGER AT SALARY RANGE 30, SENIOR
DEPUTY CORONER AT SALARY RANGE 11, RECLASSIFY THE DEPUTY ADMINISTRATOR,
PROBATION SERVICES FROM SALARY RANGE 33 TO JUVENILE COURT SERVICES DEPUTY
ADMINISTRATOR AT SALARY RANGE 35, RECLASSIFY CHIEF DEPUTY AT SALARY RANGE 27
TO CHIEF DEPUTY CLERK AT SALARY RANGE 29, AND REMOVE TECHNICAL SERVICES
MANAGER FROM THE NON-REPRESENTED SALARY SCALE
WHEREAS, RCW 36.16.070 states that ... The Board shall fix the compensation of all
employees...,
WHEREAS, The Board, has approved a new position, County Surveyor at Salary Range
38 on the Non-Represented Salary Scale; and
WHEREAS, The Board, has approved a new position, Project Support Services Manager at
Salary Range 32 on the Non-Represented Salary Scale and eliminate the Technical Services
Manager position; and
WHEREAS, The Board, has approved a new position, Engineering & Construction
Assistant Manager at Salary Range 30 on the Non-Represented Salary Scale and reduce one
engineer FTE position; and
WHEREAS, The Board, has approved a new position, Senior Deputy Coroner at Salary
Range 11 on the Non-Represented Salary Scale; and
WHEREAS, The Board, has approved the reclassification of the Deputy Administrator,
Probation Services at a Salary Range 33 to Juvenile Court Services Deputy Administrator at
Salary Range 35 on the Non-Represented Salary Scale and places the incumbent at Salary Step
5; and
WHEREAS, The Board, has approved the reclassification of the Chief Deputy at a Salary
Range 27 to Chief Deputy Clerk at Salary Range 29 on the Non-Represented Salary Scale and
places the incumbent at Salary Step 1; and
J
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners does
hereby revise the Non-Represented Salary Scale Range Alignment approving a County Surveyor
at Salary Range 38, a Project Support Services Manager at Salary Range 32, an Engineering &
Construction Assistant Manager at Salary Range 30, a Senior Deputy Coroner at Salary Range
11, eliminates the Technical Services Manager and reduces one Engineer FTE position allotted
on the Non-Represented Salary Scale; and
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners does
hereby revise the Non-Represented Salary Scale Range Alignment approving the reclassification
of the Deputy Administrator, Probation Services from Salary Range 33 to Juvenile Court
Services Deputy Administrator at Salary Range 35 and places the incumbent at Salary Step 5,
effective February 1, 2020 and reclassifies the Chief Deputy at a Salary Range 27 to a Chief
Deputy Clerk at a Salary Range 29, and places the incumbent at Step 1, effective February 1,
2020
DATED this day of January 2020.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
Melissa Drewry, Clerk of the Board Sharon Trask, Chair
APPROVED AS TO FORM:
Kevin Shutty, Commissioner
Tim Whitehead, Chief DPA
Randy Neatherlin, Commissioner
J
Attachment A
NON-REPRESENTED SALARY RANGE ALIGNMENT
SALARY
RANGE NUMBER CLASSIFICATION TITLE JOB CLASS
46 Community Services Director 1015
Public Works & Utilities Director 4005
Support Services Director 1156
Undersheriff 3000
44 Deputy Director Public Works/Utilities &Waste Mgmt 4010
County Engineer 4008
43 Chief Public Defender 1160
Chief Criminal Deputy 3002
Chief Jail 3003
41 Jail Lieutenant 3005
40 Engineering and Construction Manager 4030
TeGhni�CQ iinoc fl aRager 4220
39 Chief Finance Officer 2000
38 DEM/IT/Parks & Trails Manager 2059
Road Operations & Maintenance/ER&R Manager 4020
Water &Wastewater Manager 4015
Chief Civil Deputy 3001
County Surveyor
37 Administrator, Probation & Juvenile Services 1050
35 District Court Administrator 1180
Superior Court Administrator 1190
Juvenile Court Services Deputy Administrator
34 Assistant Road Operations & Maintenance Manager 4021
33 Deputy AdmiRistFatGF RFebatiOR Cnr��Gj 1052
Engineer III 4033
Personal Health Manager 2171
Environmental Health Manager 2169
Planning Manager 2080
Permit Assistance Center Manager 2090
32 Budget Manager 1155
Project Support Services Manager
31 Public Works Finance Manager 2011
30 Engineering & Construction Assistant Manager
Page 11 of 2
Attachment A
NON-REPRESENTED SALARY RANGE ALIGNMENT
SALARY
RANGE NUMBER CLASSIFICATION TITLE JOB CLASS
29 Equipment Maintenance Supervisor 4080
Finance Manager 2010
Road Operations & Maintenance Supervisor 4022
Chief Deputy Treasurer 1139
Administrative Services Manager 1153
Human Resources/Risk Manager 1154
Chief Deputy Assessor 1099
Administrative Manager 2149
Facilities Manager 2058
Chief Deputy Clerk
28 Engineer II 4032
27 Chief Deputy i anQ
Elections Superintendent 1080
26 Engineer 4031
25 Program Manager 1 2200
Operations & Maintenance/ER&R Administrator 4200
Therapeutic Court Program Manager 2199
23 Public Works Office Administrator 2045
21 Financial Analyst
Risk & Safety Compliance Manager 1057
Personnel Analyst 1152
Noxious Weed Coordinator 2226
20 Office Manager 2040
19 Official Court Recorder/Judicial Assistant 1193
Official Court Recorder/Family Law Facilitator 1192
Clerk of the Board/Records Specialist 1056
Administrative Clerk 1055
17 Administrative Assistant 1040
13 Administrative Secretary 1046
Legal Secretary 2152
Victim/Witness Advocate 2154
11 Senior Deputy Coroner
10 Receptionist/Secretary 2041
Therapeutic Courts Caseworker 1185
Page 12 of 2
Attachment A
1 Central Shop Assistant 4099
Page 13 of 2
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MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Ginger Kenyon Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Support Services EXT: 380
DATE: January 21, 2020 Agenda Item #
(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 8069775-8069995 $ 558,521.72
Direct Deposit Fund Warrant #s $
Salary Clearing Fund Warrant #s $
Background: The Board approved Resolution No. 80-00 Payment of Claims Against County:
Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason
County Code 3.32.060(a) requires that the board enter into the minutes of the County
Commissioners the approval of claims listing warrant numbers.
Claims Clearing YTD Total $ 2,175,341.08
Direct Deposit YTD Total $ 709,473.26
Salary Clearing YTD Total $ 995,827.44
Approval of Treasure Electronic Remittances YTD Total $ 9,913,768.45
RECOMMENDED ACTION:
Approval to: Move to approve the following warrants:
Claims Clearing Fund Warrant #s 8069775-8069995 $ 558,521.72
Direct Deposit Fund Warrant #s $
Salary Clearing Fund Warrant #s $
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: Kelly Frazier Action Agenda x
Public Hearing
Other
DEPARTMENT: Facilities EXT: 519
DATE: 1/21/2020 Agenda Item # ('0
Commissioner staff to complete)
BRIEFING DATE: 1/13/2020
BRIEFING PRESENTED BY:
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: _ Approval to change an existing Maintenance III position to Maintenance IV
and change an existing .5 FTE Maintenance position to a FTE Maintenance II position
and post and fill these positions in the Facilities Department
Background: The Facilities Manager additional .5 FTE due an increase in work
assignment of fleet management within the department. There is a .5 FTE increase for
this request.
The Facilities Manager also requests changing one of the existing Maintenance III
positions to a Maintenance IV positon to assist with the increased workload within the
department. There is no increase in FTE requests to make this change. This position
would be open to all General Services Union Members to apply for.
Budget Impacts
Maintenance .5 FTE to a Maintenance II Position: 2020- $52,331
Maintenance III to a Maintenance IV Position: 2020- $7,341
RECOMMENDED ACTION: : Approval to change an existing Maintenance III position
to Maintenance IV and change an existing .5 FTE Maintenance position to a FTE
Maintenance 11 position and post and fill these positions in the Facilities Department.