HomeMy WebLinkAbout2019/12/17 - Regular BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
Mason County Commission Chambers, 411 North 5th Street, Shelton, WA
December 17, 2019
1. Call to Order—The Chairperson called the regular meeting to order at 9:04 a.m.
2. Pledge of Allegiance— Kathy Cari led the flag salute.
3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin
Shutty; Commissioner District 3 — Sharon Trask.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 A Letter was received from Treasurer Lisa Frazier regarding Depositaries designated
by treasurer.
4.1.2 Mason County Fire District 5 sent in an updated copy of their Levy.
4.1.3 Thomas A. Furniss sent in a letter Re: Land use effecting 21 Pine Tree Lane in
Tahuya.
4.2 Staff Recognition for Kathy Cari
5. Open Forum for Citizen Input— None.
6. Adoption of Agenda - Cmmr. Neatherlin/Trask moved and seconded to adopt the agenda as
published. Motion carried unanimously. N-aye; S-aye; T-aye.
7. Approval of Minutes— December 9, 2019 Briefing Minutes; December 2, 2019 Special Meeting
Minutes; December 3, and December 10, 2019 Regular Meeting Minutes. Cmmr. Trask/Neatherlin
moved and seconded to approve the December 9, 2019 Briefing Minutes; December 2,
2019 Special Meeting Minutes and December 3, and December 10, 2019 Regular Meeting
Minutes as written. Motion carried unanimously. N-aye; S-aye; T-aye.
8. Approval of Action Agenda:
8.1 Approval of the 2020 contracts as follows:
• $38,500 to Northwest #Event Organizers (NEO) for Concierge Handbook and Wild
Side Guides Campaign
• $87,000 to Shelton-Mason County Chamber of Commerce
• $15,800 to the Mason County Historical Society Museum for Visitor Information
Center services as recommended by the Lodging Tax Advisory Committee.
8.2 Approval of a resolution authorizing a sole source purchase of a three-dimensional
scanner from FARO Technologies for the Sheriff's Office. (Ex.A-Res. 122-19)
8.3 Approval to award the 2020 janitorial services contract to Coastal Custodial in an
amount up to $134,000. This is an annual contract with an option to renew up to three
additional years.
8.4 Approval of contract Amendment #1 with Kennedy/Jenks Consultants Inc., in the
amount of $87,759 for updating, rather than amending the Belfair General Sewer Plan.
8.5 Approval to authorize the Public Works Director to sign the Public Works Board Direct
Appropriation Grant Contract in the amount of $2,000,000 for the Belfair Sewer
Extension project.
8.6 Approval of Supplemental Agreement #1 with IMS Infrastructure Management
Services, LLC. To extend the completion date for the Safety Plan Data Collection Project
to April 30, 2020.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
December 17, 2019 - PAGE 2
8.7 Approval to set a hearing on Tuesday, January 7, 2020 at 9:15 a.m. to consider a code
amendment to Mason County Code Chapter 6.72, Section .030 adding Section (I); Solid
Waste Flow Control.
8.8 Approval of six-month extensions with Behavioral Health Resources, Consejo
Counseling, Northwest Resources and Peninsula Community Health Services.
8.9 Approval to set a hearing on Tuesday, January 7, 2020 at 9:15 a.m. to consider the
expansion of the Shelton Urban Growth Area (UGA) expansion and applied zoning.
8.10Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant #s 8068895-8069056 $ 392,929.73
Direct Deposit Fund Warrant #s 64181-64564 $ 762,594.05
Salary Clearing Fund Warrant #s 7004855-7004889 $ 1,003,142.46
8.11Approval of the 2020 Court Commissioner Professional Services Agreement with Robert
Sauerlender in the amount of $153,587.28.
8.12Approval to set a hearing on Tuesday, January 7, 2020 at 9:15 a.m. to consider the
rezone of several adjacent parcels from Village Commercial (VC) to Multifamily Medium
Density Residential (R-2) within the Allyn Urban Growth Area.
8.13Approval to authorize the Deputy Director /Utilities and Waste Management to execute
a contract extension with Parametrix to collect the remaining required gas monitoring
data with a scheduled completion sate of no later than June 30, 2020.
Cmmr. Neatherlin asked to have item 8.12 removed for discussion.
Ken Van Buskirk questioned the size of the expansion in item 8.9. Kell Rowen commented
that it will be over 600 acres.
Cmmr. moved and seconded to approve action items 8.1 through 8.13 with the exception
of item 8.12. Motion carried unanimously. N-aye; S-aye; T-aye.
8.12 Kell Rowen said this was brought forward by several applicants. This has been through the
Planning Advisory Commission (PAC) and recommended approval.
Cmmr. Neatherlin asked to vote this item down, due to residents not having full details on the
mobility plan. He voiced concern with future business growth in Allyn.
Cmmr. Shutty suggested sending this item back to the PAC.
Cmmr. Neatherlin/Trask moved and seconded to send item 8.12 back to the PAC for
further consideration. Motion carried unanimously. N-aye; S-aye; T-aye.
9. Other Business (Department Heads and Elected Officials)
10. 9:15 a.m. Public Hearings and Items set for a certain time—
10.1 Public Hearing to certify to the County Assessor the amount of taxes levied for county
purposes and the amount of taxes levied for collection in 2019. Continued from
December 10, 2019 Staff: Jennifer Beierle
Jennifer said all levies were finally received and recommended approval.
No public comment received.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
December 17, 2019 - PAGE 3
Cmmr. Trask/Neatherlin moved and seconded to adopt a resolution
certifying to the County Assessor the amount of taxes levied for county
purposes and the amount of taxes levied for collection in 2019. Motion
carried unanimously. N-aye; S-aye; T-aye. (Ex. B,C, D—Res— 115-19, 116-19, 117-
19).
10.2 Public hearing to consider updating smoking policies found in Mason County Code Title
2, Chapters 2 and 9 to include vaping free areas. Continued from December 10, 2019.
Staff: Dave Windom.
Dave gave background of the vaping related lung disease, noting that the Center for
Disease Control suggested not vaping until the reason behind the lung disease is
discovered. This update would add language banning vaping on county owned
properties.
Cmmr. Neatherlin/Trask moved and seconded to approve an update to smoking
policies found in Mason County Code Title 2, Chapters 2 and 9 to include vaping free
areas. Motion carried unanimously. N-aye; S-aye; T-aye. (Ex. E—Res. 123-19)
10.3 Public Hearing to consider amendments to Mason County Code Title 17- Zoning,
section 17.23.020, Festival Retail District within the Belfair Urban Growth Area. Staff:
Kell Rowen
Kell briefed her staff report, explaining the request to amend the code.
Ken Van Buskirk asked about submittals he made to the Belfair Comprehensive Plan. The Board
had no questions on the submittals. Ken then referred to the PAC meeting minutes from
October 21, 2019. He noted that the minutes state a Board member asked for this update and
he questioned which member asked her for this. Cmmr. Shutty noted that it was asked by all
three Commissioners. Ken and Kell had a detailed discussion regarding other sections of the
PAC minutes.
Public comment
Ken Van Buskirk lives next to the area in question. He said the Festival Retail zone in Belfair is
grown out and has storm water and pollution areas. Ken said these issues were not looked at
in detail by the PAC. He handed the Board a copy of a map and discussed build out population
in Belfair. He asked to not approve any rezones in the Belfair UGA until more consideration has
been given to surrounding issues.
Cmmr. Neatherlin/Trask moved and seconded to approve amendments to Mason
County Code Title 17- Zoning, section 17.23.020, Festival Retail District within the
Belfair Urban Growth Area. Motion carried unanimously. N-aye; S-aye; T-aye.
(Ex. F—Res. 124-19)
Cmmr. Neatherlin/Trask also moved and seconded to strike dry cleaners from
17.23.020. Motion carried unanimously. N-aye; S-aye; T-aye.
11. Board's Reports and Calendar-The Commissioners reported on meetings attended the past week
and announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 9:42 a.m.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
December 17, 2019 - PAGE 4
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
Me ssa r wry, Clerk of the Board Kevin Shutty, hair
Sharon Tras , Commissioner
Rand Neatherlin, m issioner
Exhibit A
MASON COUNTY �7
COMMISSIONERS RESOLUTION NUMBER:/o�o�'Iq
RESOLUTION AUTHORIZING THE PURCHASE OF INVESTIGATION EQUIPMENT AND
SOFTWARE FROM FARO TECHNOLOGIES
WHEREAS, the Sheriff's Office is interested in replacing outdated investigation scanning
hardware and software needed to efficiently and effectively carry out one of the Sheriff's Office
core missions; and
WHEREAS, RCW 39.04.280 provides exemptions to competitive bidding requirements
for purchases that are clearly and legitimately a single source of supply;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners as
follows:
1. FARO Technologies is the sole source provider of the hardware and software most used
currently in law enforcement investigations.
2. The county is authorized to purchase the hardware and software to continue accident
and other investigations without proceeding to secure competitive bids, estimated cost is
$80,000 inclusive.
ADOPTED this_t_jt�day of December 2019.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY WASHINGTON
Kevin Shutty Chair
ATTEST: Rand Neatherlin, Commissioner
Melissa Drewer, Cler of the Board Sharon Trask, Commissioner
APPROVED AS TO FORM:
Tim Whitehead, Ch, DPA
Exhibit B
A RESOLUTION FIXING THE AMOUNT OF AD VALOREM TAXES
FOR THE ROAD LEVY FOR THE YEAR 2020
RESOLUTION NO. 115-1 q
WHEREAS,RCW 36.40.090 states that the Board of Mason County Commissioners
shall fix the amount of the tax levies to be raised for Road Fund.
IT IS THEREFORE DETERMINED,that the following be fixed as the amounts to be
raised by ad valorem taxes for the purpose of meeting the expenditures estimated in the 2020
Budget for Mason County Refund Levy and Road Fund:
ROAD FUND $ 8,956,428.15
DIVERSION OF ROAD LEVY $ 2.160.000.00
TOTAL ROAD LEVY $ 11,116,428.15
REFUND LEVY $ 0.00
TOTAL AMOUNT TO LEVY FOR 2020 $11,116,428.15
This resolution reserves unutilized levy for banked capacity.The current banked capacity
reserved for the year 2020 is$0.
ADOPTED this 714— day of NZ 2019.
BOARD OF MASON COUNTY COMMISSIONERS
Kevin Shotty, hairperson
A4 '?%�)
RanO Neatherli Commissioner
Sh�ask,Commissioner
ATTEST-
Cl oard
APPROVED AS TO FORM:
~""'Tiiri Whiteief Deputy Prosecuting tttomey
Exhibit C
A RESOLUTION FIXING THE AMOUNT OF AD VALOREM TAXES
FOR THE CURRENT EXPENSE LEVY FOR THE YEAR 2020
RESOLUTION NO. 11 G-19
WHEREAS,RCW 36.40.090 states that the Board of Mason County Commissioners
shall fix the amount of the tax levies to be raised for Current Expense.
IT IS THEREFORE DETERMINED,that the following be fixed as the amounts to be
raised by ad valorem taxes for the purpose of meeting the expenditures estimated in the 2020
Budget for Mason County Current Expense,Refund Levy,Mental Health,and Veterans'
Assistance Funds:
CURRENT EXPENSE FUND S 10,029,100.83
MENTAL HEALTH FUND $ 218,124.42
VETERAINS'ASSISTANCE FUND S 136,160.00
REGULAR CURRENT EXPENSE LEVY $ 10,383,385.25
REFUND LEVY $ 0.00
TOTAL AMOUNT TO LEVY 2020 $10,383,385.25
This resolution reserves unutilized levy for banked capacity.The current banked capacity
reserved for the year 2020 is$0.
ADOPTED this 4�- day of L W_AmbW 2019.
BOARD OF MASON COUNTY COMMISSIONERS
Raddy Neatherlin, hairperson
Terri Drexler,Commissioner
Kevin Shutty, ommissioner
ATTEST: �.
L,yy,�;I- -
Melfse'rk a the Board
APPROVED AS TO FORM:
----T;�U51'1.11
, d,-Chief Deputy Prosecuting Attorney
Exhibit D
RESOLUTION NO-1.11-1 t
A RESOLUTION CERTIFYING PROPERTY TAX LEVIES FOR COLLECTION IN 2020
WHEREAS, the Board of Mason County Commissioners must by law (RCW 84.52.070) certify to the Mason
County Assessor the amount of taxes levied upon the property in the county for county purposes, and the
respective amounts of taxes levied by the Board for each city, town and taxing district, within or
coextensive with the County, for city, town or district purposes; and,
NOW, THEREFORE, BE IT RESOLVED, by the Board of Mason County Commissioners that the attached
schedule constitutes the levies for the county, cities and taxing districts on all taxable property in Mason
County, Washington, as shown by the assessment rolls for the year 2020.
BE IT FURTHER RESOLVED, that should the valuation of one or more districts change significantly, the
County Assessor with permission of the taxing district, is hereby authorized to adjust the amount of taxes
levied, upon written notification to the Mason County Board of Commissioners.
Dated this 17f day of D6XJ rY1bt-V— 2013.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, ASHINGTON
ATTEST:
L.
_ Kevin Shutt, C it
Melfi sa , Clerk a the Board J�
APPROVED AS TO FORM: Randy�ii leatherlin`,",Eommissioner
Tim Whiteh �V A Sharon Trask, Commissioner
2020 TMASON COUNTY LEVY CERTIFICATION REQUESTS (RCW's 84.52.020& 84.52.070)
Current Expense(CE) $ 10,029,100.83 General $ 2,123,600.65
Mental Health $ 218,124.42 Firemen's Pension $ -
Veteran's Relief $ 136,160.00 EMS $ 324,234.85
Refund $ - Refund $ -
County Road $ 11,116,428,15 Bond $ -
Road Fund(General) S 8,956,428.15 Shelton Metropolitan Park , 510,647.23
Road Diversion to CE S 2,160,000.00 Genera] $ 510,647.23
Refund $ - Refund $ -
Cemetery District General Refund Total
23,534.01
Hospital Districts _ Refund Total
1 '?96,206.00 S S 2,296,206.00
i 2 S 41 1,765.00 S $ 411,765,00
Port DistrictsGeneral Refund IDD Levv Total
Port of Allyn S 21)1,933,91 S 291.51 S S 292,225.42
Port of Dewatto $ 43,263.30 S 165.26 $ - $ 43,428.56
Port of Grapeview $ 26,640.88 S - $ 53,408.00 S 80,048.88
Port of Hoodsport $ 97,498.00 $ 456.00 S - S 97,954.00
Port of Shelton $ 800,000.00 S - S - $ 800,000.00
*Joint District
Southside No.42 $ 585,383.00 S 285,000.00 S - $ 112,681.00 S 983,064.00
Grapeview No.54 $ 751,487.00 S 800,000.00 S - S - S 1,551,487.00
McCleary No.65* $ 800,000.00 $ 535,000.00 S - S - $ 1,335,000.00
Elma No.68/137* S 2,514,435.00 S - $ - $ - S 2,514,435.00
Shelton No.309 $ 4,745,413.00 S 6,100,000.00 S - S - $ 10,845,413.00
Mary M.Knight No.311* $ 505,862.00 S - $ - $ - $ 505,862.00
Pioneer No.402 $ 2,641,258.00 S 1,475,000.00 $ - $ 1,091,049.00 $ 5,207,307.00
North Mason No.403* $ 4,654,330.00 $2,100,000.00 S 23,750.80 $ - $ 6,778,080.80
Hood Canal No.404 $ 1,363,969.00 S 815,000.00 $ - $ 1,277,330.00 $ 3,456,299.00
#1 $ 131,000.00 $ 50,000.00 S 823.71 S - $ 181,823.71
43 $ 422,362.00 $ 160,073.00 S 2,000.00 $ - $ 584,435.00
44 $ 1,019,374.48 $ 358,439.95 S - $ - $ 1,377,814.43
#5 $ 3,237,025.72 $ 1,119,282.45 S 4,541.63 $ - S 4,360,849.80
#6 $ 585,000.00 $ 146,000.00 $ 1,636.00 $ - S 732,636.00
NMRFA* S 2,410,853.25 $ 833,068.44 $ 11,543.84 $ 584,000.00 S 3,839,465.53
411 $ 269,039.35 S 92,566.26 $ - $ - $ 361,605.61
#12* $ 212,000.00 S 68,000.00 S 1,228.23 $ - S 281,228.23
#13 S 250,000.00 $ 95,000.00 $ 338.83 $ - $ 345,338.83
41416 S 300,000.00 S - $ 545.82 $ - $ 300,545.82
417 S 85,000.00 S 41,000.00 $ - $ - $ 126,000.00
z18 S 421,136.01 1 $ 76,311.69 $ - S 86,505.02 1 S 583,952.72
Exhibit E
Mason County Board of Commissioners
Ordinance No. 123-/9
ADOPTION OF REVISIONS TO MASON COUNTY CODE,CHAPTER 2.104 SMOKING
POLICY,CHAPTER 9.44 COUNTY PARKS AND FAIRGROUNDS AND ORDINANCE NO.91-06.
WHEREAS,the Centers for Disease Control(CDC)reports tobacco use is the leading
preventable cause of death in the United States,causing an estimated 440,000 deaths each year,and
WHEREAS,the Surgeon General reports secondhand smoke contains more than 50 cancer-causing
chemicals,which contributes to an increased risk for lung cancer and heart disease in nonsmokers
and an increased risk for sudden infant death syndrome(SIDS),respiratory problems,ear infections,and
asthma attacks in children,and
WHEREAS,on April 4,2006 the Mason County Board of Commissioners adopted the revised
Clean Indoor Air Act,Chapter 70.160 RCW,by reference as Chapter 9.60 Clean Indoor Air Act Adopted in
the Mason County Code,and
WHEREAS,on September 24,2019 the Mason County Board of Health passed a recommendation to add
vaping to smoking policies on county property and to revise definitions to clearly reflect current standards for tobacco
smoking and vaping,NOW THEREFORE
BE IT RESOLVED,the Mason County Board of Commissioners hereby adopts the revisions to
Mason County Code,Chapter 2.104 Smoking Policy(Attachment A),Chapter 9.44 County Parks and
Fairgrounds(Attachment B).Attachment C reflects the track changes made to the previously mentioned county codes.
SIGNED this day of
Z.'nn6fk-,2019
BOARD OF COUNTY COMMISSIONERS
Kevin Shutty,Mir
-",&Z—ZK
Randy' Neatherlin,Commissioner
Karon Tra ner
ATtES
Mel`_sa ,Clerk of the and
A--P-PRROVED AS TO FORM:
Tim White Chief Civil Deputy Prosecutor
Attachment A
Chapter 2.104 SMOKING POLICY
2.104.010 Non-smoking areas designated.
2.1 04,020 Public areas and county property defined.
2.1.04.030 Posting of signs and removal of ashtrays.
2.104.040 Violation--Penalty.
2.104.050 Interpretation.
2.104.010 Non-smoking areas designated.
(a)All public areas within buildings and vehicles owned or leased by the county are designated as smoking and vaping
free areas.
(b)All owned,leased,or operated county property is designated as smoking and vaping free areas.
(Ord.41-06 Att.A(part),2006).
(a) The term"smoking"will be defined in accordance with RCW Chapter 70.160 as(1)"Smoke"or"Smoking"
means the carrying or smoking of any kind of lighted pipe,cigar,cigarette or any other lighted smoking
equipment.
(b) The term"vape"or"vaping"will be defined for the purpose of this chapter as inhaling or exhaling the vapor
produced by any noncombustible product that may contain nicotine or a marijuana product and that employs
a heating element,power source,electronic circuit,or other electronic,chemical,or mechanical means,
regardless of shape or size,that can be used to produce vapor or aerosol from a solution or other substance
including any electronic cigarette,electronic cigar,electronic cigarillo,electronic pipe,or similar product or
device.
2.104.020 Public areas and county property defined.
(a)The term"public areas"is defined far the purpose of this chapter,but not limited to:all hallways,conference rooms,
elevators,restrooms,lobbies,stairwells,reception areas,and any other areas which are 1)open to the public or 2)areas
which employees are required to pass through during the course of employment.(Ord.30-87§2,1987;Ord.23-06§,
2t){16).
(b)The term"county property"is defined as the grounds and parking lots surrounding county buildings(including a
presumptively reasonable minimum distance of 25 feet from doors,windows that open,and ventilation intakes),the
fairgrounds,and all county parks.County property does not include:
(1)Private vehicles and residences unless otherwise required by individual or group contracts with the county;
(2)County roads;
(3)Any person passing by or through county property while on a public sidewalk or public right of way has not
intentionally violated this chapter.
(Ord.91-06 Att.A(part),2006).
2.104.030 Posting of signs and removal of ashtrays.
The department of Facilities and Grounds shall post and maintain no-smoking and no-vaping signs in all public areas and
county property as defined herein,and remove ashtrays from those public areas.
(Ord.91-06 Att.A(part),2006).
2.104.040 Violation—Penalty.
(a)Pursuant to RCW 70.160.070—Intentional Violators,any person intentionally violating this policy by smoking or
vaping in a public place,place of employment,or within 25 feet of doors,windows that open and ventilation intakes or
any person removing,defacing or destroying a sign required by this policy is subject to a civil fine of up to one hundred
dollars($100).The county sheriffs department shall enforce this policy by issuing a notice of civil infraction to be
assessed in the same manner as traffic infractions.
r
t
(b)All county employees shall be encouraged to help educate the public about the non-smoking policy by reminding
violators not to smoke or nape on the property and by adding the policy to all use agreements and event publications.
Violators,who refuse to comply with the smoking and vaping policy,may be asked to leave the county property.
(c)The appropriate department director or elected official shall be responsible for educating employees about the non-
smoking and non-vaping policy and shall resolve intentional employee violations of the policy through disciplinary action.
(Ord.91-06 Att.A(part),2006).
2.104.050 Interpretation.
This chapter shall be interpreted in a manner that is consistent with RCW Chapter 70.160,Washington Clean Indoor Air
Act,prohibiting smoking in all public places and places of employment.
(Ord.91-06 Att.A(part),2006).
Attachment B
Chapter 9.44-COUNTY-OWNED REAL PROPERTY,INCLUDING PARKS AND PROPERTY HELD IN TRUST
Footnotes:
—(2)---
Editor's rate--Ord.No.79-19,Art.A,adopted Au&20,2019,amended ch.9.44 and in so doing changed the title of said chapter,as set out
herein.
9.44.01.0-Speed of motor vehicles.
No person shall drive a motor vehicle within any county park,on owned real property,or property held in trust at a speed
greater than is reasonable and prudent,having due regard for the traffic on,and the surface and width of the road,and in
no event at a speed which endangers the safety of persons,property or wildlife:
(1)Provided,however,that in no event shall a vehicle be driven at a speed greater than ten miles per
hour in a park,county-owned real property or property held in trust,or areas of general public
assemblage,or in parking lots;
(2)And,provided further,that it shall be a misdemeanor to operate any motor vehicle in any planted
area.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.020-Parkin;of motor vehicles,trailers,etc.
(a)No operator of any automobile,trailer,camper or other vehicle,shall park such vehicle in any county park,
county-owned real property,or property held in trust,except where the operator is using the arra for a designated
recreational purpose and the vehicle is parked in a designated parking area,or in another area with the permission
of the manager or part:supervisor.
(b)No person shall park,leave standing or abandon a vehicle in any county park,county-owned real property,or
property held in trust overnight or in a"no parking"zone,except with permission from a county
manager/director or park supervisor.
(c)Any unauthorized vehicle found parked in violation of subsections(a)or(b)of this section may be towed
away at the owner's or operator's expense.
(Ord.No.79-19,Att,A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.030-Consumption ofalcoholic beverages.
Opening,possessing alcoholic beverage in an open container,or consuming any alcoholic beverages in any county park,
on county-owned real property,or property held in trust shall be prohibited except in the following designated areas and
under the following circtunstances:
(1)In any buildings teased or rented or in a designated signed area,wherein the lessee has obtained and
displays the proper permits from the Washington State Liquor Control Board.
(2)Park hosts are permitted to possess and consume alcoholic beverages inside their recreational
vehicle or residence.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.040-Intoxication in county parks,county-owned real property,or property held in trust.
Being or remaining in,or loitering about in any county park area,on any county-owned real property,or property held in
trust while in a state of intoxication shall be prohibited.
(1)Park hosts shall not be intoxicated while performing their park host duties.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.041 -Tobacco and Vape free zone in county parks,owned real property,or property held in trust.
All county property,including county parks,county-owned real property or property held in trust,shall be designated
tobacco and vape free areas.County property does not include:
(1)Private vehicles and residences unless otherwise required by individual or group contracts with the
county;
(2)County roads;
(3)Any person passing by or through county property while on a public sidewalk or public right-of-
way has not intentionally violated this chapter.
(4)Park host-owned recreational vehicle.
(Ord.No.79-19,Art.A,8-20-2019;Ord.91-06 Art.B(part),2006).
9.44.042-No tobacco sales,advertising,sampling or sponsorship.
(a)The sale of tobacco or vapor products,or tobacco or vapor related merchandise is prohibited on county-
owned or leased property or during county sponsored events.
(b)Advertising tobacco products is prohibited on county-owned or leased property or during county sponsored
events.
(c)Sampling(free distribution)of tobacco or vapor products,or tobacco or vapor related merchandise is
prohibited on county-owned or leased property or during county sponsored events.
(d)Tobacco or vape sponsorship(compensation or promotional items)is prohibited on county-owned or leased
property or during county sponsored events.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.050-Parks,county-owned real property operation and property held in trust periods.
The county shall establish for each county park areas,according to existing conditions,times and periods when it will be
open(usually dawn)or closed(usually dusk)to the public.Such times and periods shall be posted at the entrance to the
area affected and at the facility office.No person shall enter or be present in a county park area after closing time except
with specific permission of the park manager,or a county parks employee.County-owned real property and property held
intrust shall be closed before and after normal business hours,on weekends and holiday while county operations are
closed.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.060-Fireworks—Restricted.
(a)No person shall possess,discharge,set off or cause to be discharged,in or into any county parks area,
county-owned real property,or property held in trust,any firecrackers,torpedoes,rockets,fireworks,explosives
or substance harmful to the life or safety of persons or property.
(b)Provided,however,that fireworks may be permitted as a part of a professionally conducted display by
competent,licensed,bonded pyro technicians,subject to the approval of the local fire district and the county fire
marhal.
(Ord.No.79-19,Art.A,8-20-2019;Ord.91-06 Art.B(part),2006).
9.44.070-Rubbish -Deposit in parks,county-owned real property or property held in tout—Prohibited.
(a)No person shall leave,deposit,drop or scatter bottles,broken glass,ashes,waste paper,cans or ether rubbish,
in a county park area,on county-owned real property,or on property held in trust except in a garbage can or
other receptacle designed for such purpose.
(b)No person shall deposit any household or commercial garbage,refuse,waste or rubbish,which is brought as
such from any private property,in any county park area,county-owned real property,or property held in trust
garbage can designed for such purpose.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Aft.B(part),2006).
9.44.080-Sanitation.
No person shall,in any county park area,on county-owned real property or property held in trust:
(1)Drain or dump refuse or waste from any trailer,camper,automobile or other vehicle,except in
designated disposal areas or receptacles;
(2)Clean fish or other food,or wash any clothing or other article for personal household use or any dog
or other animal,except at designated areas;
(3)Clean or wash any automobile or other vehicle;
(4)Pollute,or in any way contaminate by dumping or otherwise depositing therein any waste or refuse
of any nature,kind or description,including human or animal bodily waste,the soil,any stream,river,
lake or other body of water running in,or adjacent to,any county park area,county-owned real
property,or property held in trust.
(Ord.No.79-19,Aft.A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.090-Firearms andlor other weapons.
No person shall possess a firearm with a cartridge in any portion of the mechanism within any county park area,on
county-owned real property or property held in trust,nor shall any person discharge or propel across,in or into any county
park area,county-owned real property,or property held in trust,a firearm,bow and arrow,spear,spear gun,harpoon or air
or gas weapon,or any device capable of injuring or killing any person or animal,or damaging or destroying any public or
private property,except where the county for good cause has authorized a special recreational activity upon finding that it
is not inconsistent with county parks,county-awned real property,or property held in trust use.
(Ord.No.79-19,Att.A,8-20-2019;Ord.91-06 Aft.B(part),2006).
9.44.100-Dogs on leashes—Horses.
(a)No person shall bring a dog into any county park,county-owned real property,or property held in trust unless
the dog is controlled by means of a hand-held leash no longer than six feet.The dog must not be tied and
abandoned,but must be at all times under the personal control of the person bringing it to the county parks,
county-owned real property,or property held in trust.Provided,however,with the exception of service animals
(dogs)for the handicapped.
(b)Provided further,no person shall bring a horse into county park areas,county-owned real property,or
property held in trust except those areas specifically developed and posted for horse use.Provided,however,with
the exception of service animals(miniature horse)for the handicapped.
(Ord.No.79-19,Am A,8-20-2019;Ord.91-06 Att.B(part),2006).
9.44.110-Violation—Penalties.
(a)All county employees shall be encouraged to help educate the public about the tobacco and vape free zone
policies in this chapter by reminding violators not to use tobacco or vape products on the property and by adding
the guidelines to all use agreements and event publications.Violators,who refuse to comply with the tobacco and
vape free zone policies,may be asked to leave the county park,county-owned real property,or property held in
trust area.
(b)In addition to the penalty provided in any other existing or future ordinance of the county,failure to comply
with this chapter,or any other rule or regulation of the county parks,county-owned real property,property held
in trust or with any other federal,state,or local law,rule,regulation applicable under the circumstances,shall
subject the person so failing to comply to ejection from any county park area,county-owned real property,or
property held in trust shall be guilty of a misdemeanor trespassing in the second degree(RCW 9A.52.080).
(Ord.No.79-19,AM A,8-20-2019;Ord.91-06 Att.B(part),2006).
Attachamt C
Masan County,Washington,Code ofOrrhnsnces>>Tule 2-ADMINISTRATION AND PERSONNEL>>Chapter 2.104
-SMOKING POLICY'
ChapW 2.104-SMOKING POLICY"
Sectiomv
2.104.010-Nonsmoking arras designated.
2.104.020-Public areas and county property defined.
2.104.030-Posting arsigns and removal ofashtrays.
2.(04.040-Violation—Penalty.
2.104.050-Interpretation.
2.104.010-Nonsmoking areas designated.
(a)
All public areas within buildings and vehicles owned or lcaacd by the county m designated as
Enonsmoking s,q t_;,1,;;,%G ft�area,(.
tb)
All owned,leased,oroperated crnmry property is designated as t—smoking;tn ,t�frit. fjr�e areas.
Formatted:Indent Left 0"
(Ord.41-06 An.A(part),2006).
2.104.020•Public areas and county property defined.
(a)
The term'public areas"is defined for die purpose of this chapter,but not limited to:a0 hallways,
conference roans,elevators,reatmotra,lobbies,stairwells,reception areas,and any other arcus which
are.(t)open to the public,or(2)areas whidr employees we required to pass through during die course
of employment.
(b)
The term"county property"is defined as the grounds and parking lots surrounding county buildings
(including a presumptively rex arable minimum distance of twany-five feet lion doors,windows that
open,and ventilation intakes),the fairgrounds,and all county parks.County property docs not include:
(1)
Private vehicles mud residences unless otherwise required by individual or group contracts
with the county:
(2)
County roads;
(3)
Any peri
un pas,.ing by or through county property while on a public sidewalk or public right
-
cf way has not intentionally violated this chapter
.........14..t
��L:.SmA�SW:�"'s�'�'•'�S.-a.3�.��a de acrdss a��r�.#sico P.lt�l.� r..��?��.t.S%.W1i .�s..�.Lr�dL1R�f...SS :
Eigft..�S.�l..atGI2�3^u��:�d'?18dJL.
lk
........� _� -
7 in.Mirzz–ohdm4& E FarcrrtaYk¢d.Indent.ECfC 1"
W,NIT 4S iJ.04:. 'J 7Rf.dlb,Is K a t£I 3J ..Cu'!a;,UIMWS4sl 1.42 b t9Z MJ__. Fomsatted Fom(OAdauto Tunes New Rornatl9S pl
it
sP.at lla23 lt..a.hs si,IWAI S..Y?±.7.kettv.t....pii Iz li.C.s:;[gz£:,.saS:.Rld '.xl ilxstal sk+S:rt=a&. ..szi ,Font calor Auto PatternGem f-
�z�Laa�i�_t�s��,.t�bat :_uf€hit���,l�x�csm_ _u��.��.l+s.�a��?� ara�ra�•�3:
aylc;tzan#r..gx3jz..sSel� ataCe..i1:.ludiaaary slc..xrz�atisi_s<Eff. T, .,t!;=lliS.t3� ..5°. Sinun cgpa,�.Id?d,
(Ot-4.91.06 An,A(pact},2005).
2.104.030-Posting of signs and removal of ashtrays
The department of facilities and growWs shall post and maintain noamok,mg 42`N5R�$i . B in all
public am and county property as defined herein,mid remove ashtrays from those public areas.
(Urs 91.06 Aft.A(part]24*6).
2.104.040-Violation—Penalty.
{a)
Pursuant to RCW 70,150.070—Intenitonal Violators,any person intentionally violating this policy by
smoking p yin a public glace,place of employment,or within twenty-five feet of doors.
windows that open and ventilation irnakcs or any person removing,dafwing or destroying a sign
required by this policy is subject to a civil fine of up to one hundred dollars.The county sheriffs
departuuut stall an force this policy by issuing anctice ofcivil infraction to be assessed in the same
manner as traffic infractions,
(b)
All county employees shall he encouraged to help atucaie the public abort flee nonsmoking policy by
I reminding violators not to smoke f on the property and by adding the policy to all use agreements
and event publications.Violators,who refire to comply with die smoking at poli+y,may be
asked to leave the county property.
(c)
The apptupriate department director or elected official shall be responsible fur educating employees
about the mauxuaLmy r� n,x�g ;,: policy and shall resolve intentional anployee violations of the
policy through disciplinary action.
Mr&91-05 Ata A(part),2005}
2.104,050-Interpretation.
This chapter shall be interpreted in a maturer that is consistent with RCW Chapter 70,160,Washington
Clean bsdoor Air Act,proldbiting smoking in all public places and places of emptoymcnt
(Ord.No,79.19,An,A,8-20-'.419;Ord,9t-06 An.B(part),2006).
9,44.042-No tobacco sates,advertising,rumpling or sponsorship.
(a)The sale of to4m:co,!P1s_or rob xeacw;g related merchandise is prohibited on county-owned or leased
property or during county sponsored events.
(b)Advertising tob=o g_s:pyx products is prohibited an county-owned at leased property or during county
sponsored eveum
(c)Sampling(rx=distribution)of tobavco vain or hmhaccq _sy s related merchandise a prohibited on county-
owned or leased property or during county sponsored events.
(d)Tobauco,j, a•c sprnsorsitip(compensation or promotional items)is prohibited ot,couwy-owned or leased
property or during county sponsored events
i Exhibit F
ORDINANCE NUMBER.,Z X49
AMENDMENT TO MASON COUNTY CODE TITLE 17
ORDINANCE amending Mason County Code Title 17 Chapter 17.23, Section 17.23.020 -
Permitted Uses in the Festival Retail (FR)district in the Belfair Urban Growth Area (UGA).
WHEREAS, under the authority of the Washington State Growth Management Act (GMA)
(RCW 36.70A) Mason County is taking legislative action to revise its development regulations;
and
WHEREAS,the FR zone for the Belfair UGA allows"Multi-Family dwelling units on upper floors"
as the only allowed residential development; and
WHEREAS, Mason County wants to encourage residential development as much as possible
by removing the restriction of residential development on upper floors; and
WHEREAS, on October 21, 2019 the Mason County Planning Advisory Commission (PAC) held
a public hearing to consider the amendment as proposed by staff and passed a motion to
recommend approval of an amendment as revised by the PAC; and
WHEREAS, the Board of County Commissioners considered the Staff Report and
recommendations of the Mason County PAC; took public testimony from interested parties,
considered all the written and oral arguments and comments presented at a duly advertised
public hearing on December 17,2019; and
WHEREAS, the Board of County Commissioners finds that the proposed amendment to Title
17, Section 17.23.020 complies with all applicable requirements of the Growth Management
Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public
interest;and
BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and
ADOPTS amendments to the Mason County Code Title 17, Section 17.23.020 as described in
Attachment A.
DATED this day ofd>w,l�_.� 2019.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
t
Melissa revery,Clerk o the Board Kevin Sh tty, air
APPROVED AS TO FORM:
,. Sharon Trask,/'Commissioner
Tim Whitehead,Chief DPA
Ran4y Neatherlin, Commissioner
ATTACHMENT A
17.23.010-"FR" Festival retail distrioct—Purpose.
The primary purpose of the festival retail district is to combine business,cultural and civic
activities into a cohesive community focal point which promotes pedestrian usage. locations generally
are areas not significantly impacted by critical areas and slopes.The district encourages pedestrian-
oriented uses such as retail trade uses(excluding certain types of auto-oriented uses),eating and
drinking places, hotels and motels, personal service uses,civic and educational uses, and special
events(including a farmers'market). Professional offices and residential uses are permitted on upper
floors to add vitality to the area and support businesses. Building heights are limited to four stories,
but can go up to five stories in the downtown area if the development provides substantial
pedestrian-oriented space.Overall commercial and residential densities are limited by height limits,
parking requirements,site constraints, market conditions, and design guidelines. Design guidelines
encourage pedestrian-oriented site and building design,good pedestrian and vehicular access,
pedestrian amenities and open space, parking lot landscaping,and the integration of developments
with the natural environment. Outdoor spaces within these areas should function as social settings for
a variety of experiences, adding to the comfort and complexity of life in a village center environment,
while maintaining a human scale and an ability for easy pedestrian circulation.
17.23.020-Allowed uses.
Uses allowed in the FR district shall be as follows:
(1) Alcoholic beverage sales:package stores and wine shops;
(2) Antique shops;
(3) Appliance and communication equipment repair shop and/or sales;
(4) Art galleries and artist studios;
(5) Art and craft supplies, retail;
(6) Bakeries,with on-site sales;
(7) Bars and taverns other than those associated with full menu food service;
(8) Bicycle shops;
(9) Book stores;
(10) Banks and financial institutions;
(11) Barber and beauty shops;
(12) Commercial child care centers;
(13) Clothing sales and rentals and shoe stores;
(14) Delicatessens;
(15) Dry cleaners and laundries not including Laundromats;
(16) Fabric and yard goods stores;
(17) Florists;
(18) Food specialty shops, including: baked goods,meats, health foods,candies;
(19) Furniture stores under fifty thousand square feet;
t
ATTACHMENT A
(20) Grocery stores under fifty thousand square feet;
(21) Hotels/motels as long as rooms are on upper floors;
(22) Household specialty shops,including: plumbing,lighting, heating/cooling;
(23) Hardware stores under fifty thousand square feet;
(24) Hobby shops;
(25) Jewelry stores;
(26) Locksmiths;
(27) Medical offices, excluding clinics,on upper floors;
(28) Multi-family dwelling units OR €leers;
(29) Music stores, recordings and instruments;
(30) Paint and glass shops;
(31) Pharmacies,dispensing;
(32) Photographic studios;
(33) Printing shops, publishing and reproduction;
(34) Professional offices on upper floors;
(35) Radio and television broadcasting stations;
(36) Restaurants,cafes and food stands;
(37) Retail shops not otherwise named which are under five thousand square feet;
(38) Second hand stores and pawn shops;
(39) Sporting goods stores;
(40) Stationary and office supply stores;
(41) Theaters, live stage;
(42) Theaters,motion picture;
(43) Vehicle parts stores.