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HomeMy WebLinkAbout2020/01/07 - Regular BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers, 411 North St'' Street, Shelton, WA January 7, 2020 1. Call to Order-The Chairperson called the regular meeting to order at 9:06 a.m. 2. Pledge of Allegiance- 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 Skokomish Valley flooding - Ross McDowell 4.2 Correspondence 4.2.1 Kathryn Abernathy-Robinson submitted an application for The Lewis, Mason, Thurston Area Agency on Aging. 4.2.2 United Sates Department of the Interior Bureau of Indian Affairs sent notice to have the following real property put into trust: Parcel nos. 31914-24-90032, 31914-40-80840, and 31914-10-80830 4.2.3 Tim Lincoln sent in an application for Transportation Improvement Program Citizen Advisory Panel (TIP-CAP). 4.2.4 and we received a letter of closure regarding the National Flood Insurance Program 2012 Community Assistance Visit (CAV) from FEMA. 4.3 Selection of Chair and Vice Chair- Cmmr. Neatherlin/Shutty moved and seconded to nominate Cmmr. Trask as 2020 Chair. Cmmr. Shutty/Trask moved and seconded to nominate Cmmr. Neatherlin as Vice-Chair for 2020. 4.4 Public Works Bid Award Information Staff: Diane Sheesley 5. Open Forum for Citizen Input- 5.1 Bob Stone spoke about item 10.1, and said he is not in favor of the expansion. 5.2 Cheryl Williams announced Tax Aid which will operate at the following locations and times: • North Mason Library-Tuesdays 10:30 -4:00 beginning in February • Shelton Senior Center- Wednesdays 10-4 (**An appointment is required at this location. Call 427-7374) • Shelton Library- Saturdays 10 - 3 • Hoodsport Library- 2nd Thursday of each month from 1:00 -4:00 6. Adoption of Agenda - Cmmr. Shutty/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes- December 16, 2019 Briefing Minutes; November 26, and December 17, 2019 Regular Meeting Minutes. Cmmr. Neatherlin/Shutty moved and seconded to approve December 16, 2019 Briefing Minutes and November 26, and December 17, 2019 Regular Meeting Minutes as written. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda: 8.1 Approval to reappoint Don Progreba, Mark Carlson, Jeff Carey, Jack Johnson, and Pete Butkus to a two-year term on the Transportation Improvement Program Citizens Advisory Panel (TIP-CAP). 8.2 Approval to authorize Public Works to solicit for on-call commercial electrical services for 2020-2022, and approval to allow the Deputy Director of Utilities and Waste Management to sign the contract. The maximum pay-out is not to exceed $50,000 per year. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS January 7, 2020 - PAGE 2 8.3 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant #s 8069057-8069570 $ 2,143,258.53 Direct Deposit Fund Warrant #s 64565-64943 $ 709,473.26 Salary Clearing Fund Warrant #s 7004890-7004915 $ 494,301.08 8.4 Approval to authorize the Department of Emergency Management Manager to sign and complete contract E20-183 to close the FY 18 State Homeland Security Program Grant. 8.5 Approval to adopt a resolution amending Resolution 89-19, Mason County Personnel Policy, to amend Chapter 7.9 WA Paid Family and Medical Leave, and Chapter 8.5 No Smoking Policy, replacing language in compliance with the RCW's governing each chapter. (Ex.A—Res. 2020-01) Cmmr. Shutty/Neatherlin moved and seconded to approve action items 8.1 through 8.5. 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 consider the expansion of 600 acres into the Shelton Urban Growth Area (UGA). Staff: Kell Rowen. Kell spoke about how the expansion was decided, and noted that the 600 acres includes three property owners. In December, 2017, the City of Shelton added this expansion to their Comprehensive Plan. Monte Ritter sat on an advisory board for Mason County when the expansion was being discussed. He discussed the Growth Management Act and required infrastructure. Cmmr. Neatherlin gave some history on the expansion, noting that he will be voting in favor. Cmmr. Shutty agreed with voting in favor, stating that this area is prime for development being adjacent to the Port of Shelton. Cmmr. Shutty/Neatherlin moved and seconded to approve the UGA expansion of 600 acres, parcel numbers 42003-00-00000, 42003-31-00020, and 42003-31- 00030, and establish zoning as General Commercial and Industrial as shown on the City of Shelton's Future Land Use Map. Motion carried unanimously. N-aye; S- aye; T-aye. (Ex. B—Res. 2020-02) 10.2 Public Hearing to consider a code amendment to Mason County Code Chapter 6.72, Section .030 adding Section (I); Solid Waste Flow Control. Staff: Loretta Swanson Zach Foster said Solid Waste Flow Control is necessary to bring an estimated revenue increase of $212,700. He did note that this update would also increase garbage rates. The rate hike is unknown, as the Utilities and Transportation Commission sets the rates. Delroy Cox, who sits on the SWAC said the board recommended approval of the code amendment, and spoke about the ways the increased revenue could be used. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS January 7, 2020 - PAGE 3 Cmmr. Neatherlin/Shutty moved and seconded to approve a code amendment to Mason County Code Chapter 6.72, Section .030 adding Section (I); Solid Waste Flow Control. Motion carried unanimously. N-aye; S-aye; T-aye. Cmmr. Shutty/Neatherlin moved and seconded to allow the Chair to sign an Interlocal Agreement, after signed by Kitsap County, to enact solid waste flow control effective April 1, 2020. Motion carried unanimously. N-aye; S-aye; T-aye. (Ex.C—Res. 2020-03) 10.3 Public Hearing to consider approving the franchise agreement applications between Mason County and the following water systems: • Emerald Lake Community Club, Inc. • Clifton Beach Tracts Co-Op Water Association. • Lake Christine Community Club • Kamilche Shores Community Association • Lakeland Village Water Company • Paradise Service Assocation • PUD #1 • Tahuya River Valley Water District • Timberlakes Community Club Diane Sheesley said these are all renewals, but language for automatic renewal will be added. Cmmr. Neatherlin/Shutty moved and seconded to approve franchise agreement applications between Mason county and Emerald Lake Community Club, Clifton Beach Tracts Co-Op Water Association, Lake Christine Community Club, Kamilche Shores Community Association, Lakeland Village Water company, Paradise Service Association, PUD #1,Tahuya River Valley Water District and Timberlake Community Club, granting permission to run utility lines under and across county road rights of way. 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 9:53 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON M lissa rewry, de4 of the Board Kevin Shutty, thair Sharon Trask, Commissioner x17 ^ Randy eatherlin, Co missioner Exhibit A 2020-01 ("formally known as 20-01) RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION 89-19 MASON COUNTY PERSONNEL POLICY AMENDING CHAPTER 7.9 WASHINGTON PAID FAMILY & MEDICAL LEAVE AND CHAPTER 8.5 NO SMOKING POLICY WHEREAS, it is the responsibility of the Board of Mason County Commissioners for the coordination of county administrative programs, which is accomplished through the adoption of the Personnel Policy; and WHEREAS, it is necessary and appropriate to change the current language in Payment of Premiums and Taking Leave and replace it with language in compliance with Washington Paid Family and Medical Leave, Chapter 50A.04 RCW; and WHEREAS, it is necessary and appropriate to update the No Smoking Policy language and replace it with language in compliance with Smoking In Public Places Chapter 70.160 RCW. NOW, THEREFORE, BE IT RESOLVED, the Board of Mason County Commissioners hereby amends Resolution 89-19, Mason County Personnel Policy amending Chapter 7.9 Washington Paid Family & Medical Leave and Chapter 8.5 No Smoking Policy as outlined in Attachment A. This resolution shall become effective immediately upon its passage. U-a.nuav j tom ADOPTED THIS V day of Deeeffl6er, 20k9. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: J� zop Kevin Shitty, 9fiair M , iss rewry, C6erk of the Board -/6 4L)!� Ra y Neatherlin, ommissioner APPROVED AS TO FORM - -~- --�> Sharo�Tras�, Com�missio�ner Timothy Whitehead, Deputy Prosecuting Attorney C: Elected Officials&Department Heads P r 21 n t e d ., 7.9 WASHINGTON PAID FAMILY&MEDICAL LEAVE Effective December 31, 2019 Mason County shall remove the Shared Leave Program based on the Washington Paid Family& Medical Leave, which pays employees who qualify, for family medical leave based on a qualifying event. The iuf ,n o„s,, M ,.,, r _.b-1 ._ } ees aEffued-vaEatien eF SiEk leave to aher-Ceunty empleyee who is-suffefiiig - OFdinar-y n severe illness 1 r / if1}tfryi-00.0 ..tion-w{ -has-c.,.,sea eF is W-el„ ­,E.ause4he-ernpleyee to take leave witheut pay eF oAerrn i nat -The bEenditie"piy­ i. To be e lirr4ble-t. donate VaEatien leave, npl st-#ave mo ed-ieavleave-tf-�os1leer-res, It i. the d.© of-efnpleyee, rnrl_.-ing his/her-vac-ation leave balane-e,to less thantlen-m days.Te be eligidleAe-doeniploeewhfo donates leave must have FneFe than thiFtY(3e) days.-of-leave. -t-fa dener employee ag.bis/#e,r e•'.l. leaves balanEe,tem les th-.rf-thir-tY(30) days. Transfer-ef-I eots-of one -leave-are stri-Etly Yeluntar-y the-em-ployee-FeEeiving denated leave shall have exhausted all hisjheF aEEUMulated leave time. Donated ation leave-shall-be EenyeFted to riEk lri-, r-tf+e r eEip+ent. 3:--Wh�',,, _ _ __.no shaFed ►o_ve;lie or s l�sanle tre ,�� ifs resand benefit5jeernplkooyee if us in—sing tFancf ,, The, e,r of leave anld4""mount e,f leave shall be aUthe, ed by the BeaFd in advanee. Kj. r�_e P4&y���t r e than 26e days�f� I4V }'� nty. empleyment with the [RESOLUTION_.89:1_9_=9/3/1.9] Paid Family and Medical Leave Overview: Paid Family and Medical Leave, RCW_5.oA o4 is a mandatory statewide insurance program that will provide almost every Washington employee with paid time off to give or receive care. If you qualify, this program will allow you to take up to 12 weeks, as needed, if you: • Welcome a child into your family(through birth, adoption or foster placement) • Experience a serious illness or injury • Need to care for a seriously ill or injured relative • Need time to prepare for a family member's pre-and post-deployment activities, as well as time for childcare issues related to a family member's military deployment. For specifics on military-connected paid leave,visit wwvv,dol,gov/whd/regs/com.pliance/whdfs28me,p f If you face multiple events in a year,you might be eligible to receive up to 16 weeks, and up to 18 weeks if you experience a serious health condition during pregnancy that results in incapacity. Payment of Premiums: The program is funded by premiums paid by both employees and employers. It will be administered by the Employment Security Department(ESD). Premium collection started on Jan. 1, 2019. In 2019, the premium is 0.4 percent of wages. Employers can either pay the full premium or withhold a portion of the premium from their employees. Employers who choose to withhold premiums from their employees may withhold up to about 63 percent of the total premium, or$2.44 per week for an employee making$5o,000 annually.The employer is responsible for paying the other 37 percent. Businesses with fewer than 5o employees are exempt from the employer portion of the premium but must still collect or opt to pay the employee portion of the premium. Premium collection began Jan. 1, 2019. Your employer will calculate and withhold premiums from your paycheck and send both your share and theirs to ESD on a quarterly basis. benefits,Washingten Paid Family&MediEal Lea!ve CeeMinated with Other- Leayes.! as PFOYided feF in ...�_. . 4. f. , Feffesents the empleyee!s r 4. . , t'tC Anr:Eal Leave. - +r-the n mrI-1r- -l--r}--r+._— J ErApleyees whe eleEt te use his/heF aEEFued leaye te supplement their-wage while en fafflily andleF FnediEal leave shall bFing theiF Washingten Paid Family& MediEal I=eayeEheEk in te "Payr-ell"appFeves the the r empleyeer submit,Any empleyee whe EelleEtSbeth a full aEffued leave payEheEk and a Washingten Paid Family the WashiRgteH Paid FnisusesJ r Taking Leave: Starting Jan.1, 202o, employees who have worked 82o hours in the qualifying period(equal to 16 hours a week for a year)will be able to apply to take paid medical leave or paid family leave. The 82o hours are cumulative, regardless of the number of employers or jobs someone has during a year.All paid work over the course of the year counts toward the 820 hours, including part-time, seasonal and temporary work. While on leave, you are entitled to partial wage replacement.That means you will receive a portion of your average weekly pay.The benefit is generally up to 90 percent of your weekly wage, with a minimum of$loo per week and a maximum of$1,000 per week. You will be paid by the Employment Security Department rather than your employer. Unlike the federal Family and Medical Leave Act(FMLA), employees of small businesses may take Paid Family and Medical Leave if they meet the standard eligibility requirements. Please go to p-aLde-ave ra gov for more information on applying for benefits. Leave Protection: Employees who return from leave under this law will be restored to a same or equivalent job if they work for an employer with 50 or more employees, have worked for this employer for at least 12 months, and have worked 1,25o hours in the 12 months before taking leave (about 24 hours per week, on average). You can keep your health insurance while on leave. If you contribute to the cost of your health insurance, you must continue to pay your portion of the premium cost while on leave. Your employer is prohibited from discriminating or retaliating against you for requesting or taking paid leave. [RESOLUTION,$9-19._-..9/3/�9� 8.5 NO SMOKING POLICY For health and safety considerations, the County prohibits smoking and vaping by employees on all County-owned, leased, or operated and all county property is designated as non-smoking and vaping free areas. Smoking and vaping is prohibited in all buildings and vehicles owned or leased by the County are offices or other facilities rented or leased by the County. Public Areas:The term "public area" is defined for the purpose of the No Smoking Policy, 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(z)areas which employees are required to pass through during the course of employment. Smoking: The term "smoke" or"smoking" is defined for the purpose of the No Smoking Policy, but not limited to;the carrying or smoking of any kind of lighted all smeking-e# cigarettes, pipes, cigars, chewing of tobacco, vaping and the use of e-cigarettes, or any other lighted smoking equipment. Vape: The term "vape"or"vaping" is 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. County Property:The term "county property" is defined as the grounds and parking lots surrounding county buildings 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; (i) 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. No smoking signs and removal of ashtrays:The , Facilities Department 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. Pursuant to RCW_Chapter 7Q.1.5aQo- Intentional Violators, any person intentionally violating this policy by smoking or vaping in a public place, place of employment or within Lrinted froM, Mason C 0 L11 I'll 1"I " Do twenty-five 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. The county sheriff's department shall enforce this policy by issuing a notice of civil infraction to be assessed in the same manner as traffic infractions. All county employees shall be encouraged to help educate the public about the non-smoking and vaping policy by reminding violators not to smoke or vape 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. The appropriate department director or elected official shall be responsible for educating employees about the non-smoking policy and shall resolve intentional employee violations of the policy through disciplinary action. Interpretation of this chapter shall be in a manner that is consistent with RC -Chapter 70.1,6o Washington Clean Indoor Air Act, prohibiting smoking in all public places and places of employment. [PER ORDINANCE 91-o6, 8/22/2oo6] [PER ORDINANCE0 ] �. Wi Exhibit B ORDINANCE NUMBER 2020-02(formally known as 20-02) COMPREHENSIVE PLAN AMENDMENT TO EXPAND THE SHELTON URBAN GROWTH AREA (UGA) BY 600 ACRES AND DESIGNATED ZONING ORDINANCE amending the Mason County Future Land Use Map and Development Areas Map (rezone) under the authority of RCW 36.70A. WHEREAS, the Washington State Growth Management Act (RCW 36.70A.130) requires each county, including Mason County, to take legislative action to review and revise its comprehensive plan and development regulations to ensure that the plan and regulations continue to comply with the requirements of the Act; and WHEREAS, following a lengthy public EIS process the City of Shelton adopted its Comprehensive Plan on December 26, 2017, which included an expansion of 600 acres into the Shelton UGA; and WHERAS,the adopted UGA expansion is not effective until such time as the county adopts the same; and WHEREAS, on November 18, 2019 the Mason County Planning Advisory Commission held a public hearing to consider the amendment and passed a motion to recommend approval of said Shelton UGA expansion; and WHEREAS, the Commissioners considered the UGA expansion at a duly advertised public hearing on January 7, 2020; and WHEREAS,the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments,testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to the Future Land Use Map and the Development Areas Map complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendment to the Mason County Future Land Use Map and Development Areas Map designating parcels 42003-00-00000, 42003-31-00020 and 42003-31-00030 from Rural Lands to Shelton UGA with Industrial and General Commercial zoning as shown on Attachment A. DATED this I day of7(injiCjd 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: I Kevin Shutty,Cha' Me issa ewry, Cler c of the Board / APPROVED AS TO FORM: Sharon Trask, Commissioner -/q ---- ki�s im itehead,Chief DPA Randy eatherlin, Commissioner z C�k Figure 1 Future Land Use Map Comprehensive Plan Update 2017 City of Shelton,WA 102 nmla Legend Line H NR MU F4 NR Z..=P. IWuaWI M4.C—mxaN I L.. VR-V, ReakW.W- cT.c--.-T-- —.4 OT.-- W.C—. U C.L—Inlemiy C.-- HR wa Map mated by:Mason County GIS Department Map File:MCjlg_I–Fhv.�_Lank_U".—d ;8I. Map Created In kcGIS 10.2 Odnd Map Dais:1120201 7 ay Ode Soixte,Mason County GIS.Washington Side DDPWbrwd of Transportation,Washington Depwbwt of Natural Rwowa.,,USES NLCD NR N Of N 0 1.2W 2.!,M !"000 Fort NR Exhibit C ORDINANCE NO.e 2020-03(formally known as 20-03) AN ORDINANCE AMENDING MASON COUNTY CODE CHAPTER 6.72.030— SOLID WASTE HANDLING ADDING SECTION ON SOLID WASTE FLOW CONTROL AN ORDINANCE, amending Mason County Code Chapter 6.72, Section .030, adding section "I"establishing "Solid Waste Flow Control"; WHEREAS, Mason County is charged by Chapter 70.95 RCW with responsibility for adopting a comprehensive solid waste management plan to control the disposal of solid waste generated and collected within its boundaries; and WHEREAS, RCW 36.58.040, authorizes the Mason County Board of Commissioners to provide by ordinance for the establishment of a system of solid waste disposal for the unincorporated areas of the County, to designate disposal sites and enter agreements with operators of disposal sites relating to utilization of and rates for solid waste handling systems, plants, sites and other facilities; WHEREAS, RCW 36.58.040 and RCW 36.58.045 authorize the County to fund its expenses incurred in connection with RCW 70.95 NOW THEREFORE, BE IT ORDAINED, that the Board of Mason County Commissioners hereby amends Chapter 6.72 of the Mason County Code, "Solid Waste Handling", by adding Section .030 (I), entitled "Solid Waste Flow Control" and to read as set forth on Exhibit 1, attached hereto and incorporated by reference. DATED this day of Q 2020 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Melis D , Clerk-ofkhe Board Kevin Shutty, hair APPROVED AS TO FORM: --Sharon T ak, Vice Chair Tim Whihead- Ch.DPA / Rand eatherlin, am'missioner -- Cc: Elected Officials Dept. Heads Printed from Mason G.Iounty DMS EXHIBIT 1 ORDINANCE NO. Z07-0`6 Chapter 6.72.030 Solid Waste Handling (i) Solid Waste Flow Control (1) Facility Description. The Facility designated is declared to be the Mason County Eells Hill Transfer Station located at 501 W. Eells Hill Road, Shelton, Washington. (2) Geographic Area Affected. The geographic area subject to this flow control, and for which a required use order may be issued pursuant to and shall constitute all areas located within Mason County. (3) Type and Quantities of Solid Waste. The types and quantities of solid waste, which shall be subject to this flow control ordinance and for which a required use order may be applicable, shall include all residential, commercial and industrial acceptable waste generated in Mason County, Washington. (4) Persons Subjected to this Ordinance. The persons subjected to this flow control ordinance and who may be required to use the Eells Hill Transfer Station under a required use order are the following: a. Any local unit of government, occupant of single family or multifamily residence, retail business, commercial business or industry or any other legally recognized entity located in or collecting solid waste within Mason County. (5) Tipping Fees/Rates and Charges. The tipping fee to be charged to the required users of the Facility shall be payable to Mason County and set by the Consumer Price Index (CPI-U) for the Mason County solid waste transfer station (Eells Hill Transfer Station). The rates are available at the Mason County Public Works Solid Waste Division and can be found at the Utilities and Waste Management/Solid Waste Division website. (6) Effective Period. The effective period for enforcement of this municipal waste flow control ordinance shall be from April 1, 2020, through December 31, 2030. The effective date of this solid waste flow control ordinance is April 1, 2020. (7) Authorization. The Board of County Commissioners pursuant to Chapter 36.58.040 RCW of the Washington State Legislature may establish by ordinance a system or systems of solid waste handling for all unincorporated areas of the county or portions thereof and designate disposal sites. (8) Exceptions to Required Use. Mason County has the right to designate alternate disposal sites when the Public Works Director or Deputy Director finds it necessary for the immediate preservation of the public health and/or safety that additional or alternative disposal sites be designated on an temporary operational or emergency basis, the Director of Community Services may approve additional disposal sites upon notification to the Chair of the Board of such temporary operational need or emergency. Prince firs 1, 1. � �, � � � DMS