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2020/09/22 - Regular Packet
MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: September 22, 2020 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following a marijuana license application for New Sussex Farm, a marijuana producer license for The Dab Lab, Change of Location Application for Blacksmith Farms, Marijuana and Liquor License due to expire. 4.1.2 Port of Allyn sent in an Amended CARES act funding request. 4.1.3 Suggested language for inclusion in the Commissioners Operating Guidelines submitted by Tom Davis: There is no greater duty of any governing board of elected officials than to hear the views, opinions and concerns of the people they represent in an open public forum and on the public record. Private conversation between individual members of a governing board and private citizens, while helpful, are wrought with communications that may move a matter forward before public has been made aware of its existence. For that reason, I am asking that the principals involved in any conversation between a citizen and any member of the Mason County Board of Commissioners that is likely to result in future action by that governing board be required to appear before the board in an open public meeting, before the request , proposal or suggestion is given any consideration. 4.1.4 A letter was received from Phil Franklin regarding Mason County Board of Equalization Hearing #154-2020. 4.1.5 Edgar Huber sent in an application for the Mason County Historic Preservation Commission. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask t, Washington State . Liquor and Cannabis Board NOTICE OF MARIJUANA LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://Icb.wa.gov RETURN TO:localauthority@sp.lcb.wa.gov TO: MASON COUNTY COMMISSIONERS DATE: 9/03/20 RE: CHANGE OF LOCATION APPLICATION from NEW SUSSEX FARM 9759 WEIDKAMP RD STE 100 LYNDEN,WA 98264-9176 APPLICANTS: License: 412714 - County:23 NEW SUSSEX FARM LLC UBI:603-542-262-001-0002 ABERCROMBIE, RICHARD OLAN Tradename: NEW SUSSEX FARM LLC 1947-10-12 New Loc: 6841 NE ELFENDAHL PASS RD ABERCROMBIE, REBECCA M BELFAIR,WA 98528-9734 1947-11-03 Mail: 9759 WEIDKAMP RD LYNDEN,WA 98264-9176 Phone No.: 360-354-4502 RICHARD ABERCROMBI Privileges Applied For: E MARIJUANA PRODUCER TIER 1 As required by RCW 69.50.331(7) the Liquor and Cannabis Board is notifying you that the above has applied for a marijuana license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days,with the reason(s)you need more time. If you need information on SSN,contact our Marijuana CHRI desk at(360)664-1704. YES NO 1.Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3. If you disapprove and the Board contemplates issuing a license, do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-55-160 for information about this process) 4.If you disapprove,per RCW 69.50.331(7)(c)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s)are based. DATE SIGNATURE OF MAYOR CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Trask Clerk D,t0 i►2d6-vuL A. fJ L oze-1 rl. eowp V_ Washington State Licensing and Regulation PO Box 43098 9ds'1 „N�� liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360)664-1600 Fax—(360)753-2710 September 3, 2020 AMAZINGARDENS LLC 2307 56TH ST SE AUBURN WA 98092-6597 Re: THE DAB LAB 160 W WESTFIELD CT UNIT F SHELTON WA 98584 LICENSE No.: 430394-713 UBI: 603-351-059-001-0003 Your license has been approved for the following: MARIJUANA PRODUCER TIER 3 MARIJUANA PROCESSOR This license is valid through June 30, 2021. You must post this letter in a public service area as your temporary operating permit. If you do not receive your Business License with marijuana endorsement(s) within 15 days, please contact Department of Revenue's Business Licensing Service/Specialty Licenses at (360) 705-6744. The license allows you to produce a maximum of 30,000 square feet of cannabis for sale at wholesale to cannabis processor licensees and to other cannabis producer licensees. This license also allows you to process, package, and label usable cannabis and cannabis- infused products for sale at wholesale to cannabis retailers. *As of April 1, 2018 —The WSDA will regulate the processing of all Cannabis-Infused Edibles through an endorsement program. To get more information about the endorsement please call the WSDA at (360) 902-1876 or visit the WSDA's Cannabis Infused Edible website. The licensee must ensure required information is entered into the traceability system and kept completely up-to-date as stated in WAC 314-55-083(4). Persons under 21 years of age are not permitted on the premises. A sign reading "Persons under twenty-one years of age not permitted on these premises" must be posted in a conspicuous location at each entry to the premises (WAC 314-55-086). Changes in ownership, alterations to your operating and/or floor plan, and business relocation require prior Board approval. If you wish to make such changes, please contact our office for assistance. Page 2 In accordance with WAC 314-55-020(15) the issuance of a license by the WSLCB shall not be construed as a license for, or an approval of, any violations of local rules or ordinances including, but not limited to: Building and fire codes, zoning ordinances, and business licensing requirements. Your marijuana license can be renewed through the Department of Revenue Business Licensing Service. Information on how to do this will be included on your renewal notice. Your access to the traceability system will begin the first business day after you receive this letter. Visit our website at: https:Hlcb.wa..qov/motrace/get started with leaf-article for directions on how to access the traceability system. .Aimee Beckerlels Marijuana Licensing Specialist 360-664-9826 cc: Enforcement Office Mason County Commissioners File Marijuana 9/4/14 Cc:CMMRS Neatherlin, Shutty, Trask CC1erk U•WI n C�Q�VI ,,�, �U cS P�- r,, Washington State �. 409)eA Liquor and Cannabis Board NOTICE OF MARIJUANA LICENSE APPLICATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://lcb.wa.gov RETURN TO:localauthority@sp.lcb.wa.gov TO: MASON COUNTY COMMISSIONERS DATE: 9/09/20 RE:CHANGE OF LOCATION APPLICATION from BLACKSMITH FARMS 6251 NE BEAR CREEK DEWATTO RD BELFAIR,WA 98528-8795 APPLICANTS: License: 413622 -7B County:23 BLACKSMITH FARMS LLC UBI: 603-356-373-001-0002 MACKENZIE, ROBERT J Tradename: BLACKSMITH FARMS 1952-08-26 New Loc: 13 NE TRUDEAU MOUNTAIN RD BRANT, BARBARA ANN UNIT B 1951-08-22 BELFAIR,WA 98528-8742 SINCLAIR, NIKOLAS Mail: 2741 MARINE DRIVE 1990-11-19 BREMERTON,WA 98312 Phone No.: 518-221-8851 ROBERT MACKENZIE Privileges Applied For: MARIJUANA PRODUCER TIER 3 MARIJUANA PROCESSOR As required by RCW 69.50.331(7) the Liquor and Cannabis Board is notifying you that the above has applied for a marijuana license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond,you must submit a written request for an extension of up to 20 days, with the reason(s)you need more time. If you need information on SSN, contact our Marijuana CHRI desk at(360) 664-1704. YES NO 1.Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2.Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3.If you disapprove and the Board contemplates issuing a license, do you wish to request an adjudicative hearing before final action is taken?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-55-160 for information about this process) 4.If you disapprove,per RCW 69.50.331(7)(c)you MUST attach a letter to the Board detailing the reason(s)for the objection and a statement of all facts on which your objection(s) are based. DATE SIGNATURE OF MAYOR CITY MANAGER COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, Trask Clerk �� Washington State Liquor and Cannabis Board � �� + PO Box 43098 , Olympia WA 98504-3098, (360) 664-1600 www.liq.wa.gov Fax #: (360) 753-2710 SEP 10 2020 September 06, 2020 Mason County Dear Local Authority: RE: Liquor License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Commissioners Enclosed please find a list of liquor-licensed premises in your jurisdiction whose liquor licenses will expire in about 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 66.24.010 (8) . 1 ) Objection to License Renewal To object to a liquor license renewal: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. This letter must: o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 66.24.010 (8) (d) . Your letter or fax of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date. If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submit objections. Your request for extension will be granted or denied in writing. If objections are not timely received, they will not be considered as part of the renewal process. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent liquor license is placed on hold. However, temporary licenses are regularly issued to the licensee until a final decision is made by the Board. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the liquor license, or to proceed with non-renewal. •4) Procedure if Board Does Not Renew License If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their liquor license. RCW 66.24.010 (8) (d) . If the licensee makes a timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. 5) Procedure if Board Renews License Over Your Objection If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIQ 864 07/1,0 C091080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE: 09/06/2020 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20201231 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 BRIGGS, ERIC BRIGGSY GOLF 070712 BEER/WINE REST - BEER/WINE 200 E OLD RANCH RD ALLYN WA 98524 0000 2 . SOL FOOD, INC. TERIYAKI WOK 082536 BEER/WINE REST - BEER/WINE 23969 NE STATE RTE 3 STE A BELFAIR WA 98528 0000 3 . SUNLIT CANYON, LLC SUNLIT CANYON CELLARS 413648 DOMESTIC WINERY < 250,000 LITERS 21926 E STATE ROUTE 3 BELFAIR WA 98528 9306 4 . FRED MEYER STORES, INC. QUALITY FOOD CENTER / QFC #101 076698 GROCERY STORE - BEER/WINE 201 NE STATE ROUTE 300 BELFAIR WA 98528 9617 5 . HINK, GARY R JARRELL'S COVE MARINA 350478 GROCERY STORE - BEER/WINE HINK, LORNA L 201 E WILSON RD SHELTON WA 98584 0000 6 . KING, KIM MICHELE THIRD GENERATION LIMERICK MARKET 365963 GROCERY STORE - BEER/WINE 2100 E MASON LAKE RD SHELTON WA 98584 9627 7 . D. BARRY COMPANIES, INC. THE ROBIN HOOD RESTAURANT 354058 SPIRITS/BR/WN REST LOUNGE + 6790 E STATE ROUTE 106 CATERING UNION WA 98592 9532 ( Cc:CM�MRS Neatherlin, Shutty, Trask Washington State Clerk-• Liquor and Cannabis Board 40 P 0 BOX 43098 RECEIVED www.liq.wa.gov Fax #: (360) 753-2710 SEP 14 2020 September 06, 2020 Mason County Dear Local Authority: Commissioners RE: Marijuana License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of marijuana licensed premises in your jurisdiction whose marijuana licenses will expire in abount 90 days. This is your opportunity .to object to these license renewal requests as authorized by RCW 69.50.331 (7) . 1 ) Objection to License Renewal To object to a marijuana license rnewal: This letter must: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. o You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 69.50.331 (7) (c) . Your letter of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date (WAG 314-55-165) . If you need additional time you must request that in writing. Please be aware, however, that 'it is within the Board's .discretion to grant or deny any requests for extension of time to submiti objections. Your request for extension will be granted or denied in writing. If the objection is received within thirty days of the expiration date or the licensee has already renewed the license, the objection will be considered as a complaint and possible license revocation may be pursued by the enforcement division. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent marijuana license is placed on hold. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the marijuana license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License (WAG 314-55-165 (2) (b) ) If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their marijuana license. If the licensee makes timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order ;ftono0hei®gatd6irrde¢i�wiofibe Board members have final authority to renew the marijuana license and will enter a final 5) Procedure if Board Renews License Over Your Objection (WAG 314-55-165 (2) (a)) If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may Also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the marijuana license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIQ 864 07/10 C092080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE: 09/06/2020 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20210228 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 GGD PLATINUM LLC KANNABIS KRAFTWORKS LLC 414115 NON-RETAIL PRIVILEGES GARTH GEHLEN AND NATHAN DOIDGE 654 W HOMER ADAMS RD MARIJUANA PROCESSOR -035 ELMA WA 98541 9742 2 . KAI'DRO K2 LLC KAI' DRO 413097 MARIJUANA PRODUCER TIER 2 340 E MILLWRIGHT RD BLDG A MARIJUANA PROCESSOR SHELTON WA 98584 8253 Cc:CMMRS Neatherlin, Shutty, Trask Clerk Port Of Allyn r; August 28, 2020 Port Commissioners: Commissioner Randy Neatherlin Ted Jackson Commissioner Kevin Shutty RECEIVED Commissioner Sharon Trask Judy Scott 411 North 5th Street SEP O 4 2020 Shelton, WA 98584 Scott Cooper i Lary Coppola RE: Amended CARES Act Funding Request Mason County Executive Director Commissioners LeAnn Dennis Dear Commissioners, Operations Manager Please accept this letter as an amended request for the Port of Allyn to be included in the distribution of CARES Act funds the County is tasked with administering. We inadvertently left off the cost of two items from the original request— Hand sanitizing supplies and renting two portable restrooms. The portable restrooms are necessary as we don't have the staff to Port Facilities: continually sanitize the four restrooms at the Allyn Waterfront Park every time someone uses them — but we are obligated to provide restrooms. Porta-Pottys were an expedient temporary Allyn Marina measure until the Covid-19 restrictions are lifted. We have provided these since March, and and Boat Launch expect to have to do so at least through the end of this year. The amount of our request reflects North Shore Marina that additional cost. and Boat Launch As is the case for most government entities, as well as private sector businesses,the Covid- Allyn Waterfront 19 pandemic has created a major disruption in our operations as well as our long-term, well- Park established revenue streams. Allyn Kayak Park We budget annually for revenue from rental of the Gazebo at the Allyn Waterfront Park and Launch which is a very popular wedding venue, and customarily booked most weekends from mid-May Port of Allyn through Labor Day. In fact, it's not unusual for it to be booked a year in advance. Our meeting Water Company room is often additionally booked as the reception venue for those weddings as well. When receptions are held there, they sometimes include the rental of tables and chairs, along with wind panels for the Gazebo, and the shower rooms we have are often reserved to be used as changing rooms. These are in addition to the Gazebo and meeting room being reserved for events such as the annual Memorial Day celebration, community and business group meetings, as well as private affairs such as baby showers, birthday parties, retirement parties, memorial services and more. We have also lost launch and parking fee revenue from our boat launches 18560 E State Route 3 at the North Shore and in Allyn, as well as moorage in both locations, plus annual pass revenue. PO Box 1 Allyn, WA 98524 Our budget projections for these facilities have been highly accurate over the course of many years. However, because of the pandemic, we have suffered a summer of almost no bookings 360-275-2430 due to the social distancing requirements called for in the Governor's "Stay Home. Stay Safe" info@portofallyn.com Executive Order. Almost every previously booked event has been cancelled, and not only have www.portofallyn.com we lost budgeted revenue from these events, but have been forced to refund deposits and pre- payments as well. © ® ® Therefore, we are requesting CARES Act Funding in the amount of$18,000. The documented differential in revenue between 2019 and 2020 breaks out as follows: $6,106.12—Gazebo and Meeting Facility Rental Loss—includes all rental items $4,044— Refunds of Deposits and Pre-Payments $2,247—Launch Fee Revenue Loss $1,620—Portable Restroom Rental $1,609.55—Moorage Fee Revenue Loss $1,125—Annual Launch Pass Purchase Revenue Loss $958—Parking Fee Revenue Loss $169.29—Hand Sanitizer and Dispensers $17,878.96—TOTAL REVENUE LOSS These numbers don't reflect the upcoming Labor Day weekend, which in past years has been a $1,000+ weekend for us — although we expect it to be significantly less this year. However, that is why we asked for slightly more—$121.04—than our YTD documented loss. Considering the overall amount of CARES funds you are charged with administering, this is a relatively small request—but it is large for the Port— as these are major budgeted revenue items for us.We are happy to provide whatever documentation you require to justify this request. We thank you in advance for your consideration of our request. Sincerely, 4Executive r CC: Frank Pinter Diane Zoren Jennifer Baria Port of Allyn Commissioners Mail - GKenyon@co.mason.wa.us Cc:CMMRS Neatherlin, Shutty, Trask CLer c�° FW: BoCC Operating Guidlines Diane Zoren Wed 9/9/2020 12:46 PM TaGinger Kenyon <GKenyon@ co.masonma.us>; Please print Tom's email and include in the 9/22/20 meeting correspondence. List it as follows: Suggested language for inclusion in the Commissioners Operating Guidelines submitted by Tom Davis: There is no greater duty of any governing board of elected officials than to hear the views, opinions and concerns of the people they represent in an open public forum and on the public record. Private conversation between individual members of a governing board and private citizens,while helpful, are wrought with communications that may move a matter forward before the public has even been made aware of its existence. For that reason, I am asking that the principals involved in any conversation between a citizen and any member of the Mason County Board of Commissioners that is likely to result in future action by that governing board be required to appear before the board in an open public meeting, before the request, proposal or suggestion is given any consideration. From:Tom Davis<tom-davis@q.com> Sent:Wednesday,September 09, 2020 12:36 PM To: Diane Zoren<Dlz@co.mason.wa.us> Subject: BoCC Operating Guidlines Good afternoon Diane, What follows is my suggestion for inclusion into the Commissioners Operating Guidelines that I referred to during the public comment period at the formal BoCC meeting of 9/8/20. 1 am requesting my suggestion be included,verbatim, in the public record and that it be given appropriate consideration and response by the commission, and am more than willing to appear before the board for that purpose. Yours truly, Tom Davis Suggestion for inclusion into the Mason County Board of Commissioners Operating Guidelines Manual: There is no greater duty of any governing board of elected officials than to hear the views, opinions and concerns of the people they represent in an open public forum and on the public record. Private conversation between individual members of a governing board and private citizens,while helpful, are wrought with communications that may move a matter forward before the public has even been made aware of its existence. For that reason, I am asking that the principals involved in any conversation between a citizen and any member of the Mason County Board of Commissioners that is likely to result in future action by that governing board be required to appear before the board in an open public meeting, before the request, proposal or suggestion is given any consideration. https:Howa.co.mason.wa.us/owa/ -9/9/2020 WrE ....._ . y`. . Ole WHEREAS, 4-H is America's largest youth development organization, having supported almost six million youth across the country thus far; and WHEREAS, 4-H has helped more than 1,500 youth in Mason County to become confident, independent, resilient and compassionate leaders; and WHEREAS, 4-H is delivered by Cooperative Extension —a community of more than 100 public universities across the nation that provides experiences where young people learn by doing in hands-on projects in areas including health, science, agriculture and citizenship; and WHEREAS, National 4-H Week showcases the incredible experiences that 4-H offers young people, and highlights the remarkable 4-H youth in Mason County who work each day to make a positive impact on those around them; and WHEREAS, 4-H's network of 600,000 volunteers and 3,500 professionals provides caring and supportive mentoring to all 4-H'ers, helping them to grow into true leaders, entrepreneurs and visionaries; NOW, THEREFORE, we, the Mason County Board of Commissioners do hereby proclaim October 4-10, 2020 as NATIONAL 4-H WEEK throughout Mason County and encourage all of our citizens to recognize 4-H for the significant impact it has made and continues to make by empowering youth with the skills they need to lead for a lifetime. Dated this 22"d day of September, 2020. BOARD OF MASON COUNTY COMMISSIONERS f Kevin Shutty Sharon Trask Randy Neatherlin Chair Commissioner Commissioner .III////00�. .��,��\\0\\�11i it%I////�%�. .��,.'\,\\\\1 i,it%I/I/0%/j. .��;0'�,\\\\1•i. %I•I//j�%�. .�i;�,\\\,\\\I�. i1 ///////j. .��,\\,\\\\1�.ill/ ///////j. .a�;�\\\,\••1�. iI%/I/j�i�. ���Y\'\,\,\', �I00000l�i, ��\1,j l�iiii:�iiii i���1�i 1�\,:j iii�i:�iiii i��l1/i, i\I\.�.\\11� i�iiii/,1//i i\\\\i��i��:�iii/.i/�1/•i i•\\\.�ii��';l,iiii//1/1i, i\I\\�iii��`'iiii i��111i, �•\\Oie��.,,, '•I.i�•••ii�' •\. .•\��\1i.ail%I;;rr/� ```.;,.,0\\1i.:il%%%;rl,l i�' ':\.•r•\�\�11..i%%I%;•r .•\.\\\,..i11%/%•I,1%. „�.'.\�\�11:i11%��r��r'i�i :\\�\\\�i.:i/9�ij;�r.'�i' '�\...��. �•...J.;;I,'s :'��\�\�:i�',Pt"(•,;:;I�/,,,'::,• f,•\�\�:�,1!1`;�ti1i,SS1�/,,,':;• i;�\�\i:�\��';;�r,1i,4;1i11•�':%'• �::\�\:��\.�`,�;;�'��ib�1�11,':;; •,\\\\\ 1 I Ie r \\ I I. ..•... � ,,�•!.•.-.. /rq.. J;.,,\b• ,•.r,!,.,.., . ...,/,,... .,,••..• .;rf/;. •: ,•\,\,�\�!� <!;ili;5.: 1`�`\�������.SS/!Ii1i:':�. Y;`•:N CERTIFICATE OF GOOD PRACTICE has been transmitted to the State Treasurer on behalf of • MASON COUNTY 2019 Pursuant to the authority contained in RCW 36.78.090 and in recognition of the fact that this county: a)has submitted to the Department of Transportation or to this Board all sz'ems;; reports required by law or regulation of the Board;and,b)has reasonably complied with provisions of law relating to county road administration and with the Stand rds of Good Practice as formulated and adopted by the Board. By resolution of the County Road Administrat ard. April 16, 2020 Chair •..••�;:; I;11/;r,,;,,,�. ,;,,,;,. ,;,,,;r„I,�;,�, ,;,,,;., I;,I,../rll,„i ,;,,,;,., I;,I,;r,,;Ir,��;P,;,,,;.:, .;,,,;,.,1,�;,��, .;,,,;,., ,;,�,;r,,,,;i,;y,\,;;:';: ''3�:••••; 'moo•:�,'� •:IIi1•i l..,i\i.\:•� •:I/i1 i,.,11,\\\,\�• � ,�,;11�1..,,�\\i\\:• C •:�/;�i,..IiQi\4•t •:�I;/I n.•li\it\:• i •:�Iilll.yi\\i\\:•, .rj••••. ,."•!• ,\��, :.%�• ...i. ,�,�• .\`:; '%%• ..:. .:•• ,\�,� ✓ill, /.i i." •\•�: ''i';. •ri,. �\��� :�j;r ,\••• .\��` ''�;•, /.... •• ,\.` ..jl,r .I•��I ���\•���1\•! I!1/1/%fir��l'.'1�\•�a,l\•� !•10/%fir I11'.'11\\\��1\�. �!ile/j•rrly���..••'y\\�� �!�11%••rr•"�•�i`•' .\\�� 'r�11%j•rr�i;':�,. ���\�� �!;/�/�r.r�,�'�j�• �\�1��, •!�I�/�••I ..\\���. •�III,I�' ..\\\�1.' .0I1I,1,1.' .\\\��.' .�I�I,I,�' \����.• .�011,/,�' ���0�\.' ••�11I,1.. .1,\�\��.• '.��//,/,•. .��\��.' •.�III,I.',' ADMINISTNgr�� Washington State County Road Administration Board 2404 Chandler Court SW, Suite 240 Olympia,WA 98502 www.crab.wa.cov 360-753-5989 TO: County Executives and Chairs of Boards of County Commissioners FROM: John Koster, Executive Director DATE: August 31, 2020 RE: Certificate of Good Practice It is my pleasure to send you the enclosed Certificate of Good Practice that was approved by resolution of the County Road Administration Board at its meeting on April 16, 2020. It is suggested that you present this certificate to your County Engineer at an appropriate time. A Certificate of Good Practice has been transmitted to the State Treasurer on behalf of your county pursuant to the authority contained in RCW 36.78.090 as shown on the certificate enclosed. This action by the CRABoard will assure the continued distribution of your monthly state gas tax allotment from the Office of the State Treasurer. On behalf of the members and staff of the CRABoard, I would like to express my appreciation for the cooperation we have received from and through your county engineer's office during the past year. Enclosure cc: County Engineers BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers,411 North Sth Street, Shelton,WA September 8, 2020 1. Call to Order—The Chairperson called the regular meeting to order at 9:02 a.m. via Zoom. 2. Pledge of Allegiance—Cmmr. Shutty 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 The United States Department of the Interior Bureau of Indian Affairs sent in a letter regarding acquiring in trust for the Skokomish Indian Tribe a 6.62-acre tract in Mason County. 4.1.2 The Washington State Liquor and Cannabis Board sent in a Liquor License Application for Home Meat Service. 4.1.3 The Port of Allyn sent in a letter requesting CARES Act Funding. 4.2 Chair Trask read aloud the Proclamation honoring Public Health employees. 4.3 Mike Collins presented the news release regarding a temporary road closure on Trails Road on September 10. 5. Open Forum for Citizen Input— 5.1 Tom Davis asked that certain private conversations with the Commissioners be made public. Tom will provide proposed language for the Commissioners'Operating Guidelines. 6. Adoption of Agenda - Cmmr. Neatherlin/Shutty moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye;T-aye. 7. Approval of Minutes—August 25, 2020 Cmmr. Shutty/Neatherlin moved and seconded to approve the August 25, 2020 regular meeting minutes. Motion carried unanimously. N-aye; S-aye;T-aye. 8. Approval of Action Agenda: 8.1 Approval to extend the Disaster Declaration Resolution 2020-32 and 2020-54 until the State of Washington Disaster Declaration expires. Resolution No. 2020-63 (Exhibit A) 8.2 Approval to amend Resolution # 81-19 amending Change Drawers and Petty Cash for Community Development. Resolution No. 2020-64(Exhibit B) 8.3 Approval of the resolution for the purchase of a body scanner from Adani Security Systems for the Mason County Jail as a sole source purchase. Resolution No. 2020-65 (Exhibit C) 8.4 Approval of an amendment extending the Department of Commerce Contract COVID-19 Outbreak Emergency Housing Grant # 316-46108-20 from September 30, 2020 to December 31, 2020. 8.5 Approval of the amendment between Pierce County and Mason County for South Sound Shellfish Recovery extending the existing contract to December 31, 2020. 8.6 Approval of the resolution authorizing Public Works to purchase the used 2001 Vactor 2100 from One 7, Inc. as a special market condition purchase in the amount of$65,000.00. Resolution No. 2020-66 (Exhibit D) 8.7 Approval of the resolution authorizing Public Works to purchase the asphalt floater attachment from NW Machinery CAT as a sole source purchase in the amount of$19,090.58. Resolution No. 2020-67 (Exhibit E) 8.8 Approval to concur with Thurston County's appointment of Nicolette Oliver to the Timberland Regional Library Board of Trustees for a term ending December 31, 2026. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS September 8, 2020- PAGE 2 8.9 Approval to authorize the Superior Court to hire extra non-judicial staff to help part-time"as needed"for Superior Court Administration. 8.10 Approval to increase the hourly rate for Superior Court and District Court extra-help bailiffs from $15.00/hour to $17.00/hour. 8.11 Approval to sign Amendment A to a previous grant contract with the Washington Department of Archaeology and Historic Preservation (DAHP). 8.12 Approval of Warrants &Treasure Electronic Remittances Claims Clearing Fund Warrant # 8074194-8074315 $378,239.81 Direct Deposit Fund Warrant # 70725-71117 $751,282.52 Salary Clearing Fund Warrant # 7005373-7005402 $523,605.51 Treasurer Electronic Remittances August 2020 $297,792.89 8.13 Approval to authorize Frank Pinter, Support Services Director, to sign the Change Order # 1 for $79,577.54 and Change Order# 2 for$181,000.00 with Colvos Construction, LLC for the Mason County Seismic Upgrades and Mason County Court Remodel. 8.14 Approval to execute the resolution to set a hearing date with the Hearings Examiner for Wednesday, October 14th, 2020 at 1:00 p.m. to consider public comment on the petition for vacation of several streets in Lakewood — Plats A, C, D, and F. Resolution No. 2020-68 (Exhibit F) Cmmr. Shutty asked that Item 8.13 be removed for separate discussion and vote. Cmmr. Neatherlin/Shutty moved and seconded to approve action items 8.1 through 8.14 with the exception of Item 8.13 which is removed for a separate vote. Motion carried unanimously. N-aye; S-aye;T-aye. Cmmr. Neatherlin supports setting the road vacation hearing because the terrain in that area is not suitable for roads. Item 8.13 Frank explained that as part of the permitting process for Building 10 it was discovered there is asbestos that has to be removed. This item also adds sales tax that was left off the original bid. Colvos Construction remains the low bidder. The time line does not change and this building will be used by the Courts for COVID-19 response. Tom Davis commented that due to the age of the building, asbestos removal should have been included in the bid process as well as the sales tax. Cmmr. Shutty/Neatherlin moved and seconded to approve Item 8.13. Motion carried unanimously. N-aye; S-aye;T-aye. Cmmr. Shutty understands this building remains a controversial issue in the county, it has not been an issue for those that have used the building during COVID-19, including blood drives and it will now be available to the Courts. The community will continue to benefit from having this building space available in the downtown county campus. Cmmr. Neatherlin expressed support of adding this building to the county campus and it will be used for the court system which needs additional space. Cmmr. Trask also expressed support of adding this building to the county campus and the benefit to the community. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS September 8, 2020 - PAGE 3 9. Other Business (Department Heads and Elected Officials) 9.1 Lisa Frazier,Treasurer, reported on how the Treasurer, Auditor and Assessor's office is providing public services using the new software and kiosk. They continue to work out the problems and are in the soft opening stage. She encouraged property owners to pay their property tax using methods other than in-person. A new drive-up drop box will be installed. Kelly Frazier reported a new drop off box will be installed in the alley way by Building 1 for the Treasurer and Elections. 10. 9:15 a.m. Public Hearings and Items set for a certain time— No public hearings set. 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 9:40 a.m. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair Kevin Shutty, Commissioner Randy Neatherlin, Commissioner eftb\b - A BEFORE THE BOARD OF COUNTY COMMISSIONER OF MASON COUNTY, WASHINGTON RE: EXTEND DECLARATION ) OF MASON COUNTY ) AS A DISASTER AREA ) 2020-32 AND 2020-54 ) RESOLUTION# WHEREAS,for the last 233 days (starting January 27,2020)there has been COVID-19 pandemic culminating on April 7,2020, in a disaster by creating multiple confirmed positive cases in parts of Mason County; and, WHEREAS,this COVID-19 pandemic has caused local resources to be exhausted or about to be exhausted, said resources are still depleted; and, WHEREAS,there is a present emergency which necessitates activation of the Mason County Comprehensive Emergency Management Plan(CEMP), Public Health Emergency Activation Functional Plan, and utilization of emergency powers granted pursuant to RCS 36.40.180 and RCW 38.52.070(2); and, WHEREAS,a viral pandemic (Coronavirus) has and still is occurring to all residents and staff of Mason County resulting in the need for assistance to impacted citizens to quarantine and/or medically isolate with a focus of providing assistance for medical surges resulting in the need for emergency sheltering, funding, staffing and relaxed time frames throughout the county; and, WHEREAS, this disaster has caused and will cause an undetermined amount of financial, emotional and long-lasting impacts to citizens, businesses and public entities in Mason County, and, WHEREAS, severity and magnitude of this disaster/pandemic is beyond the capability of local resources; NOW,THEREFORE BE IT RESOLVED SECTION 1. It is hereby declared by the Board of Mason County Commissioners that, in accordance with the terms and conditions of RCW 36.40.180,the emergency remains due to the above stated conditions in Mason County;therefore,the Board declare that Mason County remain a disaster area and extend the disaster declaration until the State of Washington Disaster Declaration expires. SECTION 2. It hereby also removes Section 4 from the Disaster Declaration 2020-32; "Such authorization shall include unannounced entry and access onto and about private property, where such entry and access shall not violate those constitutional privacy and property rights under an emergency declaration. " I © REGULAR SIGNED IN ❑ SPECIAL SESSION THIS�� ��DAY OF ❑ EMERGENCY APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Michael Dorcy, Prosecuting Attorney MASON COUNTY WASHINGTON �- je Chief Civi��juty Prosecutor 'Sharon Task, Chair Tim Whitehead y� ATTEST: Ra dy Neatherlin, Commissioner kith McKenzie Kevin Shutty, Commissioner Clerk of the Board 2 b6ll\104 RESOLUTION NO. 4 AMENDING RESOLUTION#81-19 TO AMEND CHANGE/PETTY CASH FUNDS FOR THE MASON COUNTY DIVISION OF COMMUNITY DEVELOPMENT(#001-000000.125.000), WHEREAS,Resolution#81-19 updated amounts for the change funds/petty cash for the Mason County Department of Community Development,the Enviromental Health Department and the Public Health Department, known as the Department of Community Services collectively. WHEREAS, it has been determined that the Division of Community Development needs to allocate a portion of their petty cash drawer funds to a fourth(0)change drawer. Petty Cashier Drawer Current Amount$150 Requested Amount$ 50 Change Drawer(1) Current Amount$100 Requested Amount$100 Change Drawer(2) Current Amount$100 Requested Amount$100 Change Drawer(3) Current Amount$100 Requested Amount$100 Change Drawer(4) Current Amount$ 00 Requested Amount$100 Current Total $450 Requested Total $450 WHEREAS,it has been reviewed and approved by the Mason County Treasurer that there should be a total of one(1)$50 (Fifty Dollar)petty cash drawer and four(4)$100(One Hundred Dollar) change drawers for a total of $450(Four Hundred and Fifty Dollars) in the Division of Community Development. WHEREAS,there are no proposed changes to the change funds/petty cash at this time for Environmental Health or the Public Health Divisions of Mason County Community Services. NOW THEREFORE,The Board of Mason County Commissioners, does hereby approve the Mason County Treasurer's recommendation that there be a$450 (Four Hundred Fifty Dollars) in petty cash and change drawers for the Division of Community Development as outlined above. SIGNED this day of 5t a=V)e.Y 2020. BOARD OF COUNTY COMMISSIONERS Sharon Trask, hair PRO ED BY: Ran Neatherli ommissioner isa azier,Mason County Treasurer Kevin Shutty, mmissioner ATTEST: Clerk of the Boldrd PROVED -TO FORM: Tim White e ie evil Deputy Prosecutor RESOLUTION NO. A RESOLUTION authorizing the Mason County Sheriffs Office to enter into a Sole Source Purchase Agreement for a body scanner for the Mason County Jail. WHEREAS, there are health concerns for the staff of the Mason County Jail as regards to inmate searches; WHEREAS, research indicates only one body scanner will provide all the necessary functions for no-contact inmate searches; WHEREAS, Mason County Code Chapter 2.21.030 allows sole source purchases with approval of the Mason County Commissioners; NOW, THEREFORE BE IT RESOLVED by the Board of Mason County Commissioners to authorize the Mason County Sheriffs Office to.purchase a.body scanner.from Adani Security Systems as a Sole Source. Adopted this 8"' of September, 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Sharon Trask;Chair McKenzie Sm h, Clerk of the Board APPROVED AS TO FORM: Ran Bathe ' , Commissioner Tim Whitehead, Chief DPA Kevin Shutty, Commissioner J:\RESOLUTIONS&ORDINANCES\RESOLUTIONS-ORDINANCES Word Files\2020\Soul Source-Body Scanner Resolution.docx ex\100\31- v RESOLUTION NO. A RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENTS AND APPROVING A SPECIAL MARKET CONDITION PROCURMENT OF 2001 VACTOR 2100 USED HYDRO EXCAVATOR COMBO TRUCK FROM ONE.7, INC. WHEREAS, RCW 39.04.280 (1) (b), allows for exceptions from standard bidding procedures based on special market conditions and sole source findings for qualifying purchases; and WHEREAS, the Board of County Commissioners approved the purchase of a vactor truck in the 2020 budget; and WHEREAS,the County Purchasing Policy requires a resolution to waive bidding requirements over $25,000. WHEREAS, the used equipment has been identified that fits the specific needs of the County at a very favorable price and may be sold before the County could complete a formal bidding process; NOW,THEREFORE, BE IT RESOLVED by the Board of Mason County Commissioners as follows: Section 1. RCW 39.04.280 authorizes the Board to waive standard competitive bidding requirements for the purchase of equipment where "special market conditions" exist for procurement of the equipment. To the extent any bidding requirements apply to the purchase of the equipment, in light of findings of fact set forth herein,the Board finds that special market conditions under RCW 39.04.280(b) exist and that all bidding requirements (if any) are hereby waived for the purchase of the specified vibratory soil compactor. Section 2. Special market conditions include: a) The 2001 Vactor 2100 Truck is being offered at a very favorable price to Mason County. b) The Vactor Truck may be sold by the provider before the County could complete a formal bid process. c) The equipment is needed for a specific purpose and is suitable to the unique needs of the Public Works Department. No other equipment has been found at the price that meets the needs and budget at this time. Section 3. The purchase of(1) 2001 used Vactor 2100 Truck in the amount of$65,000 from One.7, Inc., is hereby approved. ADOPTED this g day of �?1 , 2020 BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON Clerk of the Board Sh�Tras APPROVED AS TO FORM: Ran�f Neatherlin,Vic Chair Tim White Wad,b-B Kevin ShuttMdo missioner RESOLUTION NO. 202U-U-:" A RESOLUTION WAIVING PUBLIC BIDDING REQUIREMENTS AND APPROVING A SOLE SOURCE PROCURMENT OF SIMEX ASPHALT FLOAT ACCESSORY FOR SKID STEER WHEREAS,the County is moving away from grader patching road repairs and moving towards paving repairs; and, WHEREAS,the County owns a skid steer that can be converted into a paver with an asphalt float attachment; and, WHEREAS, NC Machinery CAT provides the side shift Simex Asphalt Float attachment that will be used on the County's skid steer. WHEREAS, NC Machinery CAT is the ownly vendor currently providing the side shift feature that the County is interested in. WHEREAS, RCW 39.04.280 specifies exemption to competitive bidding requirements for purchases that are clearly and legitimately to a single source of supply; NOW,THEREFORE, BE IT RESOLVED by the Board of Mason County Commissioners as follows: 1. NC Machinery CAT is a sole source supplier of the side shift Simex Asphalt Float attachment. 2.That the County is authorized to purchase without proceeding to secure competitive bids, estimated at $19,090.58. ADOPTED this }� day of—c�CNZ -6)Z020 BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Sharon Trask, Chair Ran¢yNeatherlin, is Chair ATTEST: << Clerk of the B' rd Kevin Shutty, C missioner APPROVED AS TO FORM: Tim itehead Ch. DPA t X)("\\DV� V RESOLUTION NO. 20'10--U53 VACATION FILE NO. 401 NOTICE OF INTENT TO VACATE SETTING TIME AND PLACE FOR HEARING ON SAID VACATION RCW 36.87 IN THE MATTER OF THE VACATION OF MULTIPLE STREETS IN LAKEWOOD PLAT A, C, D AND F WHEREAS, NOTICE IS HEREBY GIVEN that the Mason County Public Works Department is requesting the vacation of the following right of way: Multiple streets in Lakewood Plat A, C, D and F (see attached legal description and petition amendments, Exhibit E) WHEREAS, the Board of Mason County Commissioners did set a date for public hearing on the matter before the Hearing Examiner and directed Public Works to prepare notice thereof for posting and publication. NOW THEREFORE, BE IT RESOLVED, that said hearing has been set for Wednesday, October 14, 2020 1:00 p.m. in the Commission Chambers, Mason County Courthouse Building I, 411 North Fifth Street, Shelton, Washington, at which time and place any taxpayer may appear to hear the County Engineer's report, and be heard either for or against the vacation of the above said streets located in Mason County Washington. Hearing may be available via Zoom, visit the Mason County Hearings Examiner Agenda webpage at www.co.mason.wa.us/hearings-examiner or contact Mariah Frazier at mfrazier(cD-co.mason.wa.us or call (360)427-9670 Ext 365. DATED this day of ��aOeYl�lr , 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: McKenzie SHiith, Clerk of the Board 'Sharon Trask, Chair OVED M: a y Ne h lin, Vice Chair Tim White ead, Ch. DPA Assessor 6—,%V Auditor Kevin Shutty, Co missioner County Engineer Petitioner Post no later than (20 days prior to hearing at each terminus of the county road or portion thereof proposed to be vacated or abandoned.) Vacation File No. 401 JOURNAL— Publish 2t: — (Bill Public Works) i BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of August 3,2020 Monday, August 3,2020 9:00 A.M. Interviews for Housing and Behavioral Health Advisory Board Commissioners Trask and Shutty interviewed the three applicants to the Housing and Behavioral Health Advisory Board via Zoom. Cmmr.Neatherlin recused himself from participating in the interviews due to a personal conflict. The Board selected Cappy Shapiro to serve on the Board and the appointment will be placed on the August 4 agenda. 9:30 A.M. State Auditor Entrance Conference-Chelcie Robinson Commissioners Trask, Shutty and Neatherlin were in attendance via Zoom. • Chelcie Robinson reviewed the scope of the 2019 Audit that is being started. The audit will include accountability,financial statement and federal grant compliance. 9:45 A.M. Community Services—Dave Windom Commissioners Trask, Shutty and Neatherlin were in attendance via Zoom. • Consolidated Homeless Grant for Housing and Essential Needs(HEN amendment)will be placed on the August 4 agenda. • CARES Act funded Eviction Rent Assistance Program(ERAP). This program is effective 8/l/20 through 12/31/20. The preference is to go through Crossroad Housing and staff is still working out the details. The request is to place the$500,876 grant award on the August 4 agenda. There will be subcontracts brought forward,staff is waiting for proposals. • Community Services submitted a proposed plan that makes changes to staff and procedures. The Board approved the request to add a Permit Tech position,post and fill. Dave will bring back the remainder of the plan for approval. • Public Health request to hire temporary personnel who speak Spanish for contact tracing services. They also intend to contract with PHI. 10:15 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Trask, Shutty and Neatherlin were in attendance via Zoom. • Franchise agreement with Blue Heron Condo Owners Association approved to move forward with setting the public hearing. • Request for the County Engineer to sign an agreement with Richard Alexander to build a new ecology block wall on North Shore Road. The cost is approximately$100,000 with Alexander's committing to pay $14,000. Public Works will call for bids. • Request to use the small works roster to contract out the Valley Rose culvert replacement project was approved to move forward. • Approval to place the interagency agreement with WA State Fish and Wildlife for Haven Lake. • 'Ij Contract with Fire District 11 for fire protection and emergency medical services to the Public Works property/buildings located at 100 W.Public Works Drive. The annual cost is$6,400. Loretta stated this is necessary because the County does not pay property tax,which typically pays for fire protection. Cmmr. Shutty asked if similar agreements are in place for other County properties. Loretta doesn't believe there is f I an agreement for the Belfair Shop. Frank will research to see if there are other such agreements. Commissioners requested this be brought with additional information. • Request for temporary special pay for Michele Morris for work performed in a higher classification until the Senior Accounting Technician position is filled. • Request to purchase a new server at a cost of$10,000 to$15,000 and Public Works has funds available. It may be eligible for CARES Act reimbursement. The Commissioners support the request and want to know where it will be funded. • Recycle and Solid Waste hauling contracts are up for review. A proposed recycle contract from Mason County Garbage has a significant increase and staff is reviewing to see how these services could be done internally. The Commissioners expressed support of a short-term extension of the contracts at the current rates to allow time for further review. Additional information will be brought back. • Discussion of potential changes to the roadway at Island Lake and the possibility of obtaining safe routes to school monies. Board of Mason County Commissioners' Briefing Meeting Minutes August 3,2020 • Cmmr.Neatherlin brought up a variety of issues including neglected recycle container in Tahuya. • Cmmr. Shutty brought up paving of the Union boat launch. Loretta stated staff is willing to do that but need to make sure there are no environmental concerns with drainage. It is considered a county road and will be paid from Road funds. Staff will come up with a plan by end of August with the goal to pave in September. • Cmmr. Shutty asked the status of the gravel road improvement project. Three different roads have been selected- Sunnyslope Road,Boyer Road and Snyder Road. They are on the 2021 annual construction program. Additional road options will be presented to TIPCAP. 11:20 A.M. Support Services—Frank Pinter Commissioners Trask,Shutty and Neatherlin were in attendance via Zoom. • Approval to appoint Karen Wolf to the Area Agency on Aging Advisory Board. • Presentation of 2021 budget on September 1. There is not a Commission meeting scheduled and the Auditor will post the budget on the County's website and a news release will be issued. • There are two applicants(Kevin Frankeberger and Brenda Hirshi)for one regular position and an alternate position to the Board of Equalization. The Commissioners are good with appointing Kevin to the regular position and Brenda to the alternative position. • Approved for the August 25 agenda,the FY-20 Emergency Management Performance Grant(EMPG). • Tyler Technologies(Mums)Client Partnership Program approved for the August 25 agenda. • General Services Teamsters Contract for August 4 agenda was approved. • Frank presented information on parcel#42012-56-00012 which has had an offer but more research and an appraisal is needed. There is no action at this time. Cmmr.Neatherlin asked that the information be forwarded to him. • Frank reviewed the proposed distribution of the Coronavirus Relief Fund. There is$767K that is not allocated. The Commissioners are supportive of funding assistance for utility rate payers. There was discussion of the various distributions. • Frank presented the three bids received for the Building 10 remodel project. This is for the over sized courtrooms and seisimic work. The request is for a$2.73M AIA contract on the August 4 agenda. • Discussion of County reopening of offices. Paddy McGuire explained they have software in place(QLess)to manage public customers using a kiosk and tv screen in the downstairs lobby of Building 1. In September they will be able to schedule appointments using the system. The question is when to open the County offices. Cmmr.Trask prefers to open the entire county when it's safe to do so. Cmmr. Shutty stated with the COVID cases increasing,he would like to delay reopening and reevaluate. A Safe Start procedure will be coming forward from Frank. • Kelly Frazier reported the new car fleet has arrived and cars are being assigned. He will bring forward a request to surplus the old County cars. • Letter of support for the Sweetwater Creek park project will be on the August 4 agenda. • Cmmr. Shutty brought up allowing public participation at Commission meetings via Zoom. The Commissioners agreed to explore options and asked staff to bring forward information at a briefing. • A request to renew the agreement for the CGI Video Program. Cmmr. Shutty would like Rachel Hanson's opinion. Frank will follow up with Rachel. • Frank noted that he had the Teamsters across-the-board wage increases backwards and that has been corrected. There will be budget amendments,if necessary. 12:45 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Trask,Shutty and Neatherlin met in executive session with Tim Whitehead at 12:45 p.m.for potential litigation. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of August 10,2020 Monday—August 10,2020 10:00 A.M. Closed Session—RCW 42.30.140(4)Labor Discussion Commissioners Trask,Shutty and Neatherlin met in closed session with Frank Pinter from 10:00 a.m.to 10:05 a.m.for labor discussion. 11:00 A.M. Executive Session—RCW 42.30.110(1)(i)Potential Litigation Commissioners Trask,Shutty and Neatherlin met in executive session from 10:14 a.m. to 10:36 a.m.with Tim Whitehead,Tim Higgs and Mike Collins for potential litigation. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of August 24,2020 Monday, August 24,2020 9:00 A.M. Public Works—Loretta Swanson Utilities&Waste Management Commissioners Trask,Neatherlin and Shutty were in attendance via Zoom. • Request to set a public hearing to consider amending the un-muffled compression brakes code was approved. • Request to set a public hearing to consider amending Mason County Code Chapter 12.20,Road Vacation,was approved. • Request to purchase a 2001 Vactor Combo truck was approved to place on the August 25 agenda. • Request to authorize the Deputy Director of Public Works/Utilities and Waste Management to execute a six-month extension of their current contract with Mason County Garbage.As well as gather proposal information for solid waste and recycle material hauling and gather information for internalizing the process.Director should be able to have costs by the end of the year,to implement the internalization of the process would take one to two years.due to additional engineering and construction work. Commissioners would like to see numbers as well as ask the community for their opinion. • Staffing—working to fill a Solid Waste Attendant I position and a Combined Sewer Operator has been vacated. The Commissioners approved filling the positions. • The 2020 Chip Seal Program will be starting next week. • Request from Facilities to transfer the ownership of the Kubota tractor due to nonuse,could not find proof of purchase. • Request to set hearing with Hearings Examiner for Road Vacation#404,portion of Roy Boad Road was approved for the August 25 agenda. • Staff has talked to the next door business owner of the Union boat ramp and their customers do use the boat ramp parking. There is boat trailer parking available at the local marina. Public Works will proceed with improving the roadway at the boat ramp. • Cmmr. Shutty asked staff to approach WSDOT about pedestrian improvements at Twanoh State Park. 10:00 A.M. Community Services—Kell Rowen Commissioners Trask,Neatherlin and Shutty were in attendance via Zoom. • Request for staffing changes with Community Development(Permit Assistance Center,Building and Planning)were approved to move forward. The proposed staffing changes include eliminating the Planning Manager and Permit Assistance Center Manager,create a Deputy Director,add a Planner and select a Lead Building Inspector. This does create an approximate $75K budget increase and they do anticipate additional revenue to cover this increase. The Commissioners confirmed staff has reviewed these changes with Human Resources and the labor union. • Amendment to the Commerce contract for COVID Outbreak Emergency Housing Grant. This extends the contract to December 31,2020. • Approval of contract amendment for South Sound Recovery extending the contract to December 31,2020. 10:15 A.M. Treasurer—Lisa Frazier Commissioners Trask,Neatherlin and Shutty were in attendance via Zoom. • Approval to amend the change drawers and petty cash for Community Development. The Board took a 10-minute break. 10:30 A.M. Sheriff s Office—Undersheriff Adams Commissioners Trask,Neatherlin and Shutty were in attendance via Zoom. Board of Mason County Commissioners' Briefing Meeting Minutes August 24,2020 • Request to purchase equipment with CARES Act funding:body scanner from Adani Security Systems,$177,250 for the County jail,this has an annual maintenance fee of$12,000;QR code scanner and new desktop to facilitate limited staff exposure in fingerprinting,$5,238;equipment to upgrade the Sheriff's Office Gym to use as a training center. Cmmr. Shutty asked the request for the training center equipment be reviewed with I.T.to see if some of the equipment is included in a previous request. 10:40 A.M. Support Services—Frank Pinter Commissioners Trask,Neatherlin and Shutty were in attendance via Zoom. • News release for temporary closure of MCRA for installation of irrigation system is on the August 25 agenda. • Vacancy on Mason Transit Authority Board. The Board agreed to wait to fill the vacancy after the November election. • Kelly Frazier requested permission to surplus certain county vehicles and equipment that are no longer needed using Enterprise to sell them. The items that Enterprise will not take will be disposed using a sealed bid process. • . Award for the CDBG Grant`Building Connections—Strengthening Businesses in Mason County". $10,000 each to EDC and North Mason Chamber of Commerce.Approved for August 25 action agenda. • Sub-recipient agreement with Community Action Council of Lewis,Mason and Thurston Counties for service provision under a Public Services Washington State Community Development Block Grant(CDBG). Approved for August 25 action agenda. • Updates to Financial Policy approved to move to agenda. • Jenn reviewed the July Financial Statements. • Jenn requested the 3`d quarter 2020 budget adjustment hearing be held in mid-November. • Discussion of holding the 2021 budget hearing in October. Cmmr.Neatherlin believes the county is in good shape financially and can offer the departments a status quo budget. Cmmr. Shutty supports setting a goal of adopting the budget in October but doesn't believe this year is a good year in order to allow adequate public input and the budget guidelines were issued without that instruction.He does support a status quo budget. Cmmr.Trask agreed this is not the year to change the budget process. The Board agreed to communicate to departments that the goal is to adopt a status quo budget and to include COVID expenses that meet CARES Act criteria. Discussion of the budget workshop process and how to include public participation. Frank will bring forward a message to send to departments at next week's briefing. • Property offer for 580 E Wood Lane of$5,500 is approved to set public hearing on September 22 (August 25 action agenda). • Property offer for 410 E Hillcrest Drive. Public hearing set for August 25 needs to be closed with no action(offer withdrawn);however two new offers have been submitted so a new hearing needs to be set if an offer is acceptable. • New property offers for 410 E Hillcrest Drive from Craig Larsen/Christine Poole @$7,500 and Justin Hanson @$4,000(August 25 action agenda to set hearing on September 22). Approved to move forward the$7,500 offer. • Public hearing has been scheduled on August 25 for$597,614 Dept. of Commerce COVID-CV _ grant for Mason and Lewis County for Public Services COVID Grant opportunities for the public. • Frank provided information for a request to change a MCSO Specialist Classification. The Civil Service Commission has approved the request and Frank will negotiate with the union. • Frank reviewed the CARES Act Funding update. Included is a request from North Mason Boys/Girls Club for Daycare Assistance request for$75K;there is a request to find a daycare location in the south end of the county. There has been discussion of allowing CARES Act funding to be used for lost revenue due to COVID. There is$692K of funding not designated at this time. Lost revenues include some fees,gas tax and lodging tax revenue. Cmmr.Neatherlin asked about lost revenues to the parks;Ross brought up a request for$10,000 for two additional showers at Community Lifeline. Cmmr. Shutty brought up funding delinquent utilities;there is $300K budgeted. Frank is waiting for information from County utilities;requests from PUD 1 Board of Mason County Commissioners'Briefing Meeting Minutes August 24,2020 and 3 have been received. Cmmr.Trask doesn't want to move forward any capital purchases without confirmation from Commerce that it is allowed. • Meeting schedule and public participation in Commission meetings.Frank stated the public could participate via Zoom or does the Board want to allow the public to attend in-person. Cmmr. Neatherlin supports allowing in-person attendance; Cmmr. Shutty supports public participation via Zoom while the restrictions are in place; Cmmr.Trask supports using Zoom. The AG's opinion is that an overflow area is needed and she is concerned that the County cannot meet that requirement. Using Zoom is only during the time of COVID restrictions. • County re-opening of Building 1 2nd floor and keep the downstairs area locked until after Labor Day. Paddy McGuire stated his staff is ready to go using the Q-less system. Lisa Frazier and Patti McLean agreed they are ready to re-open. Cmmr. Shutty asked that the interior downstairs doors remain locked in the mean time so the public doesn't congregate inside,exposing staff. Frank will bring forward the issue of opening up the downstairs doors after Labor Day. • Housing Authority request to discuss with the Commissioners two offers to purchase Housing Authority properties. Frank is researching the options if the Housing Authority dissolves. Cmmr. Neatherlin believes they wouldn't need to dissolve. He noted there is a need for not only low income housing and he is hopeful they would reinvest the money. Cmmr. Shutty noted the Housing Authority doesn't have the staffing needed to run a Housing Authority. He doesn't know if there is a role for the County Commission to play in selling their properties. Finding an Executive Director for the Housing Authority is essential. • The Commissioners are good with continuing meeting every-other-week through October with the option to schedule additional meetings,when necessary. • Cmmr. Shutty brought up potential projects for Capital Budget Requests if the legislature has a capital budget. He noted the Transfer Station may be a good project to request capital funding. Additional projects could include THE Freight Corridor project;Johns Prairie/Highway 3 intersection improvements;Highway 300 and Clifton Road roundabout and Railroad Avenue. Staff will also look at the capital facilities plan. The meeting adjourned at 12:50 P.M. Respectfully submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Commissioner Commissioner BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES Mason County Commission Chambers,411 North 5th Street,Shelton,WA Week of August 31,2020 Monday,August 31,2020 9:00 A.M. Auditor—Paddy McGuire Commissioners Trask and Neatherlin were in attendance via Zoom. Commissioner Shutty was absent. • Discussion of redistricting process due to the Census count. Commissioners will be responsible for redrawing the Commissioner districts and Auditor's office will be responsible for the precinct districts. The junior districts will be responsible for their districts. Fina Ormond,Elections Supervisor,provided history of how the process worked 10 years ago. An advisory committee was formed by the Auditor who then presented three versions of revised . Commissioner districts and the Commissioners then selected one version. The precinct lines were then drawn.All districts were encouraged to use the Mason County GIS. Auditor McGuire stated his office is willing to staff an advisory committee in 2021 if they do not have a staff reduction and keep the current amount of staff. Cmmr.Trask asked for a timeline of the redistricting process. 9:15 A.M. Support Services—Frank Pinter Commissioners Trask and Neatherlin were in attendance via Zoom. Commissioner Shutty was absent. • Confirmation of the Thurston County appointment to the Timberland Regional Library Board of Trustees will be placed on the September 8 agenda. • Extension of Emergency Declaration will be placed on the September 8 agenda. This will be in place as long as there is a state declaration of emergency. • Frank will provide an update on Housing Authority at a later briefing. • Frank provided a CARES Act funding update. Port of Allyn has submitted a request for funding. Assistance to the local media groups(Journal,I-Fiber,Hood Canal)was discussed and agreed to provide assistance. This will be placed on the September 8 agenda. Cmmr.Trask asked to delay the Port of Allyn request for further review. Daycare for County employees—working with North Mason Boys&Girls Club and working with the Y in the south end of the County. There are a lot of licensing and other requirements such as insurance to make this happen and staff is working on that.Another possible location is at the Public Works facility. There is$125,000 reserved for that. • Building 10 remodel is starting. The contract needs to be amended to include sale tax and $86K for asbestos remediafion. • Cmmr.Neatherlin brought up providing protection for law enforcement that covers their head and face. Frank will contact Sheriff s office and City Police. • Contract with Fire District 11 for services at Public Works was discussed. Frank pointed out the County does not charge the junior districts for the services that are provided by the County. Frank is researching the authority the county has and will bring forward in a future briefing. Cmmr. Neatherlin would like to support this contract for this year and it could be changed after this budget year. • Pandemic Exposure Control,Mitigation and Recovery Plan that provides the employee requirements needed in order to re-open the County. Cmmr.Trask would like to review with legal staff. This will be briefed again on September 14. 9:45 A.M. Community Services—Dave Windom Commissioners Trask and Neatherlin were in attendance via Zoom. Commissioner Shutty was absent. • Grant contract amendment with the WA Department of Archeology and Historic Preservation (DAHP)was approved to place on the Action Agenda. The Board took a break until 10 a.m. 10:00 A.M. Public Works—Loretta Swanson Board of Mason County Commissioners'Briefing Meeting Minutes August 31,2020 Utilities&Waste Management Commissioners Trask and Neatherlin were in attendance via Zoom. Commissioner Shutty was absent. • Road Vacation 9401,petition from Tru North Investments to vacate several streets in the plats of Lakewood Plats A,C,D and F. Request to set a hearing with Hearing Examiner was approved to move forward. • Announcement of Kim Grigg's retirement and request to fill the position was approved. • Radio Technician position is being vacated and that position will not be filled at this time. • The chip seal program will be starting in September. • Cmmr.Neatherlin requested a timeline for Highway 300 improvements. Requests from Superior Court and District Court to increase the hourly rate for Bailiffs was approved and the request from Superior Court for extra help non judicial staff was approved. Meeting adjourned at 10:13 a.m. Respectfully.submitted, Diane Zoren,Administrative Services Manager BOARD OF MASON COUNTY COMMISSIONERS Sharon Trask Randy Neatherlin Kevin Shutty Chair Commissioner Commissioner MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kelly Bergh for Frank Pinter Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 644 DATE: 9/22/2020 Agenda Item # 8.1 Commissioner staff to complete) BRIEFING DATE: 9/14/2020 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: CARES Act Funding - Coronavirus Relief Funds— CRF— Economic Support - Emergency grants through Economic Development Council of Mason County (EDC). Background: The County has received from the Washington State Department of Commerce through a grant from the US Department of the Treasury - $5,211,000 for financial assistance in addressing the COVID-19 pandemic. A proposed method of distributing economic assistance was to allocate certain amounts to the EDC to distribute/provide support/maintain records. This contract with EDC is to fund two emergency grants of$10,000 each to Shelton Mason County Journal and IFiber One LLC. These grants will provide economic support in response to the COVID-19 public health emergency for related expenditures due to business interruption caused by required closures. Recommended Action: Approval of the contract with EDC to fund two emergency grants of $10,000 each with CARES Act Funds to Shelton Mason County Journal and IFiber One LLC to respond to COVID-19 crisis. Attachment(s): EDC Contract J.I Grants l Corona virus Relief Funds for Local Go vernments l Agenda Item Summary-EDC ameement$20,000.doc AGREEMENT BETWEEN Mason County, Washington AND Economic Development Council of Mason County This Agreement is made between Mason County (herein called the COUNTY) and Economic Development Council of Mason County (EDC) (herein called CONTRACTOR) for the CDBG Economic Opportunity Grant—COVID-19 Response Funding project (herein called the Project). As the Washington State Department of Commerce (Commerce) is authorized by the US Department of Treasury to provide funds to units of COUNTY selected to undertake and carry out projects under the Washington State Coronavirus Relief Fund (CRF) Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the COUNTY has applied for and received a Coronavirus Relief Fund for COUNTYs award, contract number 20-6541C-023 (CFDA 21.019),to fund the Project; and As it benefits the COUNTY to engage the CONTRACTOR to accomplish the Scope of Work and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF SERVICES A. COUNTY Responsibilities The COUNTY is responsible for administration of the CRF contract, and ensuring CRF funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its Department of Commerce contract referenced above. The COUNTY will provide such assistance and guidance to the CONTRACTOR as may be required to accomplish the objectives and conditions set forth in this Agreement. The COUNTY is responsible for completing the following tasks to accomplish the objectives of the Project: Principal Tasks • Execute contract with COMMERCE • Execute CONTRACTOR AGREEMENT • Establish administrative and other record keeping systems • Process and submit payment requests and CRF Reports • Formulate and a CONTRACTOR monitoring plan and conduct on-site review • Ensure grant activities are completed Page 1 of 12 • Conduct a final public hearing • Complete the grant close-out process with COMMERCE B. CONTRACTOR Responsibilities The CONTRACTOR will complete in a satisfactory and proper manner as determined by the COUNTY the following tasks to accomplish the objectives of principally benefiting low- and moderate-income persons or businesses. The CONTRACTOR will periodically meet with the COUNTY to review the status of these tasks. Principal Tasks • Formulate and submit required reports and payment requests to COUNTY in an accurate and timely manner. • Provide COVID-19 Response assistance in the form of emergency grant awards of $10,000 each to two qualifying and identified businesses in Mason County to enable them to respond to the COVID-19 crisis and to cover the cost of business interruption caused by required closures related to the COVID-19 pandemic mitigation. 2. TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement and will be in effect through November 15, 2020 with all reimbursement requests completed by that date. 3. AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: A. CONTRACTOR: Economic Development Council of Mason County Name of Representative: Jennifer Baria Mailing Address: 310 E Cota Street City; State and Zip Code: Shelton, WA 98584 Telephone Number: 360 426 2276 Fax: na E-mail Address: jennifer@choosemason.com UBI#: 601137830 B. COUNTY : Mason County Name of Representative: Kelly Bergh Title: Financial Analyst Mailing Address: 411 N 5th Street City, State and Zip Code: Shelton, WA 98584 Telephone Number: 360 427 9670 ext 644 Fax Number: 360 427 8437 E-mail Address: kbergWco.mason.wa.us Page 2 of 12 4. BUDGET The COUNTY will pass through to the CONTRACTOR no more than $20,000 in CRF funds for eligible incurred costs and expenses for the Project according to the following budget. Project Budget Element Budgeted Amount Economic Support—Emergency grants for $20,000 businesses responding to COVID-19 crisis Indirect Cost Rate: _% Federally Approved Indirect Rate, or 10% de minimis rate, or fill out "N/A" declining to charge indirect Indirect Cost Rate if the CONTRACTOR chooses to charge Indirect under this grant, the CONTRACTOR shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10% of modified total direct costs (MTDC) will be used. "Modified Total Direct Costs (MTDC)" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. Any amendments to this Agreement's Budget must first be determined by the COUNTY as consistent with its CRF contract with Commerce and then approved in writing by the COUNTY and the CONTRACTOR. 5. PAYMENT Reimbursement under this Agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this Agreement is funded in whole or in part with CRF funds through the Washington State Department of Commerce CRF Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. 6. PERFORMANCE MONITORING The COUNTY will monitor the performance of the CONTRACTOR by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass- Page 3 of 12 through of CRF funds, overseeing compliance with Department of Commerce requirements, and ensuring recordkeeping and audit requirements are met. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the CONTRACTOR within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. 7. SPECIAL CONDITIONS A. Withholding Payment: In the event the CONTRACTOR has failed to perform any obligation under this AGREEMENT within the times set forth in the AGREEMENT, the COUNTY may, upon written notice, withhold from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that the COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Office set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive under this clause, without prejudice to any other remedy under the AGREEMENT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by the COUNTY under this clause. B. Labor Standards: CONTRACTOR agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040,the Prevailing Wage Act;the Americans with Disabilities Act of 1990;the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. C. Waiver of Noncompetition: CONTRACTOR irrevocably waives any existing rights which it may have, by contract or otherwise,to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the COUNTY, and CONTRACTOR further promises that it will not in the future, directly or indirectly, induce or solicit any Page 4 of 12 person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the COUNTY. D. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by CONTRACTOR and/or its consultants or sub-CONTRACTORS, in connection with performance of this AGREEMENT, shall be the sole and absolute property of COUNTY. E. E-verify: The E-Verify CONTRACTOR program for Mason County applies to contracts of $100,000 or more and subcontracts for$25,000 or more if the primary contract is for $100,000 or more. CONTRACTOR represents and warrants that it will, for at least the duration of the AGREEMENT, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Mason County. As used herein, "status verification system: means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. CONTRACTOR agrees to maintain records of such compliance and, upon request of the COUNTY,to provide a copy of each such verification to the COUNTY. CONTRACTOR further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. CONTRACTOR understands and agrees that any breach of these warranties may subject CONTRACTOR to the following: (a)termination of the AGREEMENT and ineligibility for any Mason County contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, CONTRACTOR would also be liable for any additional costs incurred by the COUNTY due to contract cancellation or loss of license or permit. CONTRACTOR will review and enroll in the E- Verify program through this website: www.uscis.gov F. Disputes: Differences between CONTRACTOR and COUNTY, arising under and by virtue of the AGREEMENT Documents, shall be brought to the attention of COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated,the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. G. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to the arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the PARTIES under, arising out of, or related to the AGREEMENT or otherwise, including issues of specific Page 5 of 12 performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by the AGREEMENT. There shall be one arbitrator selected by the PARTIES within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this AGREEMENT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief(including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made no later than forty-five (45) days after the arbitration demand,the PARTIES agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided,that either party may decline to mediate and process with arbitration. H. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the AGREEMENT,the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason. Unless otherwise specified herein,this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. 8. GENERAL CONDITIONS A. General Compliance The CONTRACTOR agrees to comply with: • The requirements of Title V and VI of the CARES Act. Regulations; and • All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this Agreement. B. Independent CONTRACTOR Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The CONTRACTOR will at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the CONTRACTOR is an independent contractor. C. Hold Harmless CONTRACTOR shall indemnify, defend and hold harmless the COUNTY, and its officers, officials, boards, commissions, agents and employees (while acting in an official capacity) from any action, claim, damage, loss, liability, cost or expense, including court Page 6 of 12 and appeal costs and reasonable attorneys' fees and expenses, arising from any action, neglect, omission or inaction of the CONTRACTOR its agents or employees. CONTRACTOR shall consult and cooperate with the COUNTY while conducting its defense of the COUNTY. If any such claim or demand is subject to RCW 4.24.115 and caused by or results from the concurrent negligence of(a) the COUNTY, its elected or appointed officials, or its agents or employees and (b) CONTRACTOR, or its agents or employees, then in such event the defense and indemnity provisions provided for in the preceding paragraph shall be valid and enforceable only to the extent of CONTRACTOR's negligence. The COUNTY shall indemnify, defend and hold harmless CONTRACTOR, and its officers, agents and employees (while acting in an official capacity) from any action, claim, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys' fees and expenses, arising from any action, neglect, omission or inaction of the COUNTY its agents or employees. The COUNTY shall consult and cooperate with CONTRACTOR while conducting its defense of CONTRACTOR. If any such claim or demand is subject to RCW 4.24.115 and caused by or results from the concurrent negligence of(a) CONTRACTOR, its elected or appointed officials, or its agents or employees and (b)the COUNTY, or its agents or employees, then in such event the defense and indemnity provisions provided for in the preceding paragraph 9.1 shall be valid and enforceable only to the extent of the COUNTY's negligence. Procedures and Defense. The indemnified party shall give the other party timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this Section. If a claim or action arises, indemnified party shall then tender the defense of the claim to other within six (6) business days of receipt of such notice, which defense shall be at the indemnifying party's expense. The indemnified party may participate in the defense of a claim and, in any event,the Indemnifying party may not agree to any settlement of claims financially affecting the indemnified party without the indemnified party's prior written approval, which approval shall not be unreasonably withheld. Expenses. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the indemnified party and the counsel selected by indemnifying party to represent the indemnified party, the indemnifying party shall pay the expenses incurred by the indemnified party in defending itself with regard to any action, suit or proceeding indemnified. The indemnified party's expenses shall include all out of-pocket expenses that are necessary for the indemnified party defense, such as consultants' fees, and shall also include the reasonable value of any services rendered by the General Counsel/County Attorney or his/her assistants or any employees of the indemnified party or its agents but shall not include outside attorneys' fees for services that are unnecessarily duplicative of services provided the indemnified party by the indemnifying party. D. Workers' Compensation The CONTRACTOR will provide Workers' Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. Page 7 of 12 E. Insurance and Bonding The CONTRACTOR will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the COUNTY. The CONTRACTOR shall furnish the COUNTY with properly executed certificate of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice to the COUNTY. F. Funding Source Recognition The CONTRACTOR will insure recognition of the roles of Commerce, the WA State CRF program, and the COUNTY in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. In addition, the CONTRACTOR will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments The COUNTY or CONTRACTOR may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Such amendments will not invalidate this Agreement, nor relieve or release the COUNTY or CONTRACTOR from its obligations under this Agreement. H. Suspension or Termination The COUNTY may suspend or terminate this Agreement if the CONTRACTOR materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the CONTRACTOR to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective of improper use of funds provided under this Agreement; or 4. Submission by the CONTRACTOR to the COUNTY of reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339,this Agreement may also be terminated by either the COUNTY or the CONTRACTOR, in whole or in part, by setting forth the reasons Page 8 of 12 for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination,the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made,the COUNTY may terminate the award in its entirety. 9. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The CONTRACTOR agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The CONTRACTOR will administer its program in conformance with 2 CFR 200. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The CONTRACTOR certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. Records to Be Maintained The CONTRACTOR will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records required to determine the eligibility of activities; C. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CRF assistance; d. Records documenting compliance with the civil rights components of the CRF program; e. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; f. Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, State and Local laws and regulations applicable to CDBG- funded construction projects; and g. Other records necessary to document compliance with Subpart K of 24 CFR 570. Page 9 of 12 2. Access to Records and Retention The grantee, the Washington State Department of Commerce, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the CONTRACTOR that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the CONTRACTOR for a period of six years after final audit of the COUNTY's CRF project, unless a longer period is required to resolve audit findings or litigation. In such cases, the COUNTY will request a longer period of record retention. 3. Audits and Inspections All CONTRACTOR records with respect to any matters covered by this Agreement will be made available to the COUNTY, Commerce, and duly authorized officials of the state and federal government, at anytime during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the CONTRACTOR within 30 days after receipt by the CONTRACTOR. Failure of the CONTRACTOR to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The CONTRACTOR that expends$750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning CONTRACTOR audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 21.019. C. Reporting 1. Program Income The CONTRACTOR will report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CRF funds made available under this Agreement. The use of program income by the CONTRACTOR will comply with the requirements set forth at 24 CFR 570.504. 2. -Periodic Reports The CONTRACTOR, at such times and in such forms as the COUNTY may require, will furnish the COUNTY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement,the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. Page 10 of 12 10. SEVERABILITY If any provision of this Agreement is held invalid,the remainder of this Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. 11. PERFORMANCE WAIVER The COUNTY's failure to act with respect to a breach by the CONTRACTOR does not waive its right to act with respect to subsequent or similar breaches. The failure of the COUNTY to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 12. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the COUNTY and the CONTRACTOR for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the COUNTY and the CONTRACTOR with.respect to this Agreement. IN WITNESS WHEREOF, the COUNTY and the CONTRACTOR have executed this Agreement as of the date and year last written below. Mason County Economic Development Council of Mason County By: By: Sharon Trask, Chair Jennifer Baria, Executive Director Date: Date: Approved As To Form: Tim Whitehead, Chief DPA Page 11 of 12 EXHIBIT A SCOPE-OF -WORK The Economic Development Council of Mason County(EDC)will be responsible for completing the tasks and activities below as well as others as detailed throughout this AGREEMENT,Washington Department of Commerce's (Commerce) guidance as required to provide referral and direct services in compliance with the CRF program and Mason County's (COUNTY) policies and procedures. It is the EDC's-responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an exhaustive list. CONTRACTOR will: 1.Verify applicant eligibility screening for two identified Mason County businesses to determine program eligibility incompliance with CRF requirements. 2. Provide emergency grants of$10,000 each to the following two identified eligible businesses—Shelton Mason County Journal and (Fiber One, LLC. To enable these businesses to respond to the COVID-19 crisis and to cover the cost of business interruption caused by required closures related to the COVID-19 pandemic mitigation. 3. Collect,track and report PROJECT data in a manner consistent with the requirements detailed in this AGREEMENT, COMMERCE's guidance's as applicable. CONTRACTOR must ensure that the services provided to eligible individuals under this PROJECT are not reported to any other funding entities for the purpose of meeting contractual obligations. 4.Voucher Requests and Reports: A. Formulate and submit a Washington State Voucher Distribution request(form A19)for the entire amount of the Grant to the COUNTY.Submission to include one digital copy in WORD e-mailed to Kelly Bergh. B. Formulate and submit a CFR Monthly Beneficiary Reporting Form and a CRF Project Status Report to COUNTY.A digital copy is acceptable e-mailed to Kelly Bergh. COUNTY will be responsible for submitting completed forms and reports to COMMERCE.See Exhibit E Sample Forms and Instructions Kelly Bergh Mason County 411 N. 5th Street Shelton,WA 98584 kbergh@co.mason.wa.us 5. Participate in PROJECT meetings, including a grant start-up meeting, as scheduled by COUNTY. 6. Participate and support on-site compliance reviews conducted by COUNTY per CRF requirements. 7.Assist COUNTY with all aspects of program administration and requirements including grant close-out process as requested. Page 12 of 12 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kelly Bergh for Frank Pinter Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 644 DATE: 9/22/2020 Agenda Item # 8,2 Commissioner staff to complete) BRIEFING DATE: 9/14/2019 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Amendment to Washington State Department of Commerce Coronavirus Relief Funds for Local Governments/ CARES Act Funds for Local Governments in Washington State. Mason County award of$3,821,400 has been increased by $1,389,600 for a total of $5,211,000— COM Contract Number 20-6541C-023; COM Short Code CV20023. The end date of the contract is amended from 10/31/2020 to 11/30/2020 and invoices are due by 12/15/2020. Background: The purpose of the amendment is to provide additional funding for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID- 19) during the period of March 1, 2020 thru November 30, 2020. The funds intended use are as follows: Are necessary expenditures incurred due to the public health emergency Are NOT accounted for in the budget most recently approved as of March 27, 2020 Are not to be used to fill shortfalls in government revenues Can be used for construction and renovation if it meets Federal Section 106 review, entered State LEED certification process and follows Federal Davis Bacon and state prevailing wage laws, rules and regulations Recommended Action: Make a motion to approve and sign the amendment to the Washington State Department of Commerce Coronavirus Relief Funds for Local Governments /CARES Act Funds for Local Governments in Washington State-Contract 20-6541 C-023 on behalf of Mason County. Attachment(s): Washington State Department of Commerce Amendment J,•1 Grants I Coronavirus Relief Funds for Local Governments I Agenda Item Summary AmendedAward,doc Amendment Contract Number:20-6541C-023 Amendment Number:A Washington State Department of Commerce Local Government Division Community Capital Facilities Unit Coronavirus Relief Fund for Local Governments 1.Contractor 2.Contractor Doing Business As(optional) Mason County 411 N 5th Street SHELTON,Washington 98580-4292 3.Contractor Representative(only if updated) 4.COMMERCE Representative(only if updated) Frank Pinter Janet Eaton PO Box 42525 Director of Support Services Project Manager 1011 Plum St SE (360)490-6623 (360)725-3166 Olympia,WA 98504-2525 Fpinter@co.mason.wa.us Fax 360-586-5880 j anet.eaton@commerce.wa.gov 5.Original Contract Amount 6.Amendment Amount 7.New Contract Amount (and any previous amendments) $3,821,400.00 $1,389,600.00 $5,211,000.00 8.Amendment Funding Source 9.Amendment Start Date 10.Amendment End Date Federal:X State: Other: N/A: Date of Execution November 30,2020 11.Federal Funds(as applicable): Federal Agency: CFDA Number: $5,211,000.00 US Dept.of the Treasury 21.019 12.Amendment Purpose: To provide additional funding for costs incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19)during the period of March 1,2020 thru November 30,2020.Final invoices must be received by December 15,2020. COMMERCE,defined as the Department of Commerce,and the Contractor,as defined above,acknowledge and accept the terms of this Contract As Amended and attachments and have executed this Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract As Amended are governed by this Contract Amendment and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment "A"—Scope of Work,Attachment`B"—Budget&Invoicing,Attachment"C"—A-19 Certification,Attachment"D"—A-19 Activity Report.A copy of this Contract Amendment shall be attached to and made a part of the original Contract between COMMERCE and the Contractor.Any reference in the original Contract to the"Contract"shall mean the"Contract as Amended". FOR CONTRACTOR FOR COMMERCE Sharon Trask,Chair Mason County BOCC Mark K.Barkley,Assistant Director,Local Government Div Date Date APPROVED AS TO FORM ONLY Sandra Adix Assistant Attorney General 3/20/2014 Date Department of Commerce Amendment This Contract is amended as follows: Contract amount has been increased by$1,389,600.00. Contract end date has been extended from October 31, 2020 to November 30, 2020. Final reimbursement request must be received by December 15, 2020. ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE AND EFFECT. 2 61erk- 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: September 22, 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 # 8074316-8074715 $ 1,438,207.37 Direct Deposit Fund Warrant # 71118-71505 $ 712,401.39 Salary Clearing Fund Warrant # 7005403-7005438 $ 995,169.86 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 $ 19,007,682.58 Direct Deposit YTD Total $ 12,454,657.51 Salary Clearing YTD Total $ 13,285,996.51 Approval of Treasure Electronic Remittances YTD Total $ 5,762,132.05 RECOMMENDED ACTION: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant #8074316-8074715 $ 1,438,207.37 Direct Deposit Fund Warrant#71118-71505 $ 712,401.39 Salary Clearing Fund Warrant #7005403-7005438 $ 995,169.86 Treasurer Electronic Remittances $ 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: Jennifer Beierle Action Agenda X_ Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: September 22, 2020 Agenda Item # 6A Commissioner staff to complete) BRIEFING DATE: March 16, June 22, &August 24, 2020 BRIEFING PRESENTED BY:. Jennifer Beierle, Budget Manager [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Resolution Amending Resolution No. 04-19, Mason County Financial Policies and Procedures EXECUTIVE SUMMARY: Financial policies and procedures play an important role in a strategic, long-term approach to financial management. Some of the benefits of adopting formal, written financial policies include: 1. Institutionalize good financial management practices 2. Clarify strategic intent for financial management 3. Define boundaries and manage financial risk 4. Support good bond ratings 5. Promote long-term and strategic thinking 6. Comply with public management best practices The Financial Policies and Procedures was adopted in January of 2019. This amendment provides for minor updates to the policy. BUDGET IMPACTS: N/A RECOMMENDED ACTION: Motion for the Board of Mason County Commissioners to approve and sign the Resolution Amending Resolution No."04-19, Mason County Financial Policies and Procedures J:\Budget Office\Briefing, Agenda,&Public Hearing Items\2020\Action Agenda-Financial Policy Updates 9.22.2020.doc RESOLUTION NO. AMENDING RESOLUTION NO. 04-19 MASON COUNTY FINANCIAL POLICIES AND PROCEDURES WHEREAS,financial policies and procedures play an important role in a strategic, long-term approach to financial management. WHEREAS,the Board of Mason County Commissioners recognize that it is in the best interest of Mason County to establish financial policies and procedures in order to promote sound financial management. NOW,THEREFORE,BE IT RESOLVED,that the Board of Mason County Commissioners does hereby adopt the Mason County Financial Policies and Procedures (Attachment A). APPROVED this day of ,2020. BOARD OF COUNTY COMMISSIONERS Sharon Trask, Chair Randy Neatherlin, Commissioner Kevin Shutty, Commissioner ATTEST: McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Chief DPA C: Accounting,Treasurer,Public Works,Budget&Finance 1`yoTa cop�.4_ Y• 1�: .t� 1�5d •,7`��` Mason County Financial POLICIES & PROCEDURES 1 Table of Contents I. Overview of the Mason County Financial Policies& Procedures 4 II. Budget 4 1) Purpose 4 2) Schedule 4 3) Budget Adjustments 4 4) Operating Budget 5 5) Capital Budget 6 6) Internal Allocation Costs 6 III. Basis of Accounting 6 IV. Accounting Policy, Financial Systems, and Reporting 7 1)Accounting Policy 7 2) Financial Systems 7 3) Financial Reporting 7 4) State Audits 8 V. Cash 8 1) Receipting 8 2) Petty Cash/Revolving Funds 8 3) Bank Accounts 8 VI. Investments 8 VII. Grants & Federal or State Funding 9 1) Grant Project Form 9 2) Year End Program Contract Worksheet 9 3) Federal Policy 9 Vlll. Debt 10 1) Authority for County Indebtedness 10 IX. Revenue 11 1) Accounts Receivable 11 2) Wage Overpayments 11 3) Collection Policy 11 4) Refunds vs. Reimbursements 12 5) Public Fees & Charges 12 X. Expenditures 12 1) Budget Appropriation and Monitoring 12 2) Travel/Business Expenditures 13 3) Non-Travel Food Purchases 13 4) Purchasing 13 5) Lost Warrants 13 2 X. Expenditures (continued) 6) Registered Warrants 13 7) Credit-Cards 14 8) Outside Vendor Credit Accounts 14 9) Miscellaneous 14 XI. Adjusting Journal Entries 14 XII. Payroll 15 XIII. Capital Assets 15 1) Real Estate Excise Tax(REET) Funds 15 XIV. Fund Balance 15 1) Classification 15 2) Minimum Level 15 3 1�. -DVE'RV/EW This Financial Policies and Procedures handbook is intended to provide guidance to Mason County department heads and elected officials in properly discharging their financial responsibilities. The procedures, policies, and practices set forth below do not create an express or implied contract between Mason County and its employees, nor are they to be viewed as making any promises or creating contractual rights of any kind. The information contained in this notebook represents guidelines only, and Mason County reserves the right to limit, modify, or terminate any of these policies, procedures, or practices at any time, at its sole discretion. 11 Purpose The budget serves a number of functions. At the most basic level it is a legal document that gives County officials the authority to incur obligations and pay expenses. It is also a comprehensive business plan that should provide the following elements: public policies, a financial plan, an operations guide, and serve as a communications device. Mason County budgets on an annual calendar year basis. 2) Schedule RCW 36.40 prescribes the major steps in budget preparation along with a suggested schedule for completion of each step. However, the Board of County Commissioners may also set other dates relating to the budget process, including but not limited to the dates set in RCW 36.40.010, 36.40.050, and 36.81.130 to conform to the alternate date for the budget hearing. Mason County typically adopts the alternate dates in July. The major steps in budget preparation include: a) Call for Estimates. County Auditor notifies all officials to file budget requests and projected revenues for ensuing fiscal year. RCW 36.40.010 b) Filing of estimates with Auditor'or Chief Financial Officer by all officials in the format as requested by the Auditor. RCW 36.40.010 c) Preliminary County budget prepared by Auditor or Chief Financial Officer submitted to Board of Commissioners. RCW 36.40.050 d) Preliminary budget hearing presented to the Board of County Commissioners by the Auditor's Office. RCW 36.40.070 e) Alternative preliminary budget hearing by the Board of County Commissioners, on the first Monday in December. RCW 36.40.071 f) Final budget adoption by the Board of County Commissioners. RCW 36.40.080 3) Budget Adjustments Budget Transfers are used when changes in spending during the year result in a deficit in 4 one expenditure line item and an excess in another line item, in accordance with Resolution 26-17. • Transfers within Department's Budget Budget transfers may be made from the excess line to the deficit line to keep their operating budget correct with the Budget Manager's approval • Transfers Inter-Departments All requests for budget inter-department transfers shall be submitted, with department head approval and justification, to the Board of County Commissioners for consideration and approval. The Board of County Commissioners'approval is required prior to budget expenditure. Supplemental Appropriations are required when a department receives a new funding source that was not planned for during the budget process and will result in additional expenditures or when there are additional expenditures that weren't planned for during the budget process. Supplemental appropriations must be advertised for two weeks prior to Board approval. Non-Debatable Emergency adjustments may be made due to an emergency caused by fire, flood, explosion, storm, earthquake, epidemic, riot, or insurrection, or for the immediate preservation of public health or any other emergency as defined by RCW 36.40.180. Emergencies Other than Non-Debatable may be made when there is a public emergency that does not fall under the qualifications of RCW 36.40.180. Emergencies other than non- debatable must be advertised for one week prior to Board approval. All requests for supplemental or emergency appropriations will be submitted by the department head to the Board of County Commissioners for consideration and approval. The request shall be in writing, containing the facts constituting the supplemental or emergency appropriations and the estimated amount of additional budget required. Supplemental appropriations are done as needed. 41 Operating Budget The operating budget is the central financial planning document that encompasses all operating revenue and expenditure decisions. It establishes the level of services to be provided by each department within the restrictions of anticipated County revenues. Current expenditures will be paid for with current revenues. One-time expenditures, or revenues of a limited or indefinite term, should be used for capital projects or one time operating expenditures to ensure that no core services are lost when such revenues are reduced or discontinued. No operating deficits in any fund balance shall be incurred at year end. High priority will be given to expenditures that will reduce future operating costs, such as increased utilization of technology and equipment and prudent business methods. If expenditure reductions are necessary, complete elimination of a specific, non- mandatory service is preferable to lowering the quality of existing programs. 5 5) Capital Budget A comprehensive six year plan for capital improvements will be prepared per RCW 82.46, updated, and included in the yearly budget. Capital project proposals should include cost estimates that are complete, reliable, and attainable. Cost estimates should be based on a thorough analysis of the project and are expected to be reliable and complete. Funding sources should also be reliable and complete and the capital project will not be budgeted unless there are reasonable expectations that revenues will be available to pay for them. Changes to the comprehensive six year plan may be made annually during the budget process or concurrently with an amendment of the County budget, per RCW 36.70A.130 (2)(a)(iii). Any revision to the comprehensive plan would have to go to the state for review sixty days prior to adoption. The County will provide for adequate maintenance and appropriate replacement of capital facilities and equipment. The County will also provide for maintenance schedules to ensure that facilities and equipment are maintained so as to maximize its useful lifespan. These amounts will be reflected in the capital budget plan. The intent of the Capital Budget Plan is to maintain all assets at an adequate level in order to protect the County's capital investment and to minimize unexpected future maintenance and replacement costs. Funding of repair and replacement schedule projects will be the funding priority before discretionary capital projects. Decision making for capital improvements will be coordinated with the operating budget to make effective use of the County's limited resources for operating and maintaining facilities and capital projects. 6) Internal Allocation Costs This is the annual charge to non-General funds for the services provided by the General fund. Internal allocation costs shall be prepared with a detailed indirect cost allocation plan. The internal indirect cost allocation plan shall be developed each year with audited expenditures to identify and distribute costs of services provided by internal service departments to funds outside of the General Fund. The Auditor's Office and the Budget Office will prepare this after the yearly audit by the State Auditor's Office and incorporate the charges into the following year's budget, which is adopted by the Board of County Commissioners. These will be the actual costs charged to funds outside of the General Fund. Ill. ' F C ;. B S T7IN/ V LP The basis of accounting used determines when revenues and expenditures/expenses are recognized in the accounts and reported in the financial statements. All funds are accounted for using the cash basis'of accounting, in accordance with Resolution 67-17. Only the minimum number of funds consistent with legal and operating requirements should 6 be established, because unnecessary funds result in inflexibility, undue complexity, and inefficient financial administration. In order for a special revenue fund to be created, the following two criteria must be met: 1) Expenditure for specified purposes — Such a Limitation on spending may be imposed by external parties, constitutional provisions, enabling legislation, or board action, and 2) Proceeds of specific revenue sources—A substantial portion of resources must be derived from one or more specific revenue sources.A surplus in the General fund does not constitute a revenue source The Board of County Commissioners has the authority to create or delete funds by resolution. V= 111 Accounting Policy Mason County will establish and maintain the highest standard of-accounting practices. Accounting and budgetary systems will conform to the State of Washington Budgeting Accounting Reporting System (BARS) and local regulations. 21 Financial Systems Mason County will strive to provide the technological tools, information systems support and uninterrupted level of information systems service to sustain the successful implementation and maintenance of a sound, reliable and efficient financial management system. The financial system shall also protect County departments against unauthorized access through information systems security and controls while allowing staff the ability to access information directly from the system. Munis is currently the County's primary financial system. The primary financial system serves as the County's principal journal of record. 3) Financial Reporting Full disclosure will be provided in all County financial reports and bond representations. Reports outlining the status of revenues and expenditures shall be prepared monthly on cash basis by the Budget Office. It will be distributed.to the Board, elected officials, department heads, and any other interested party. An annual financial report will be prepared by the Auditor's Office in a timely basis to meet or exceed the State Auditor's Office standards. 7 4) State Audits An annual audit will be performed by the State Auditor's office and include the issuance of a financial opinion. IZ (sue\ y\^ +sit �Yf _.t_....._..3£.u'vac iv" r.•.a'4.7&a s t �Sd, .r.. .m3evst`B..�ra§.EF.2l.,..!..._ _ `+.r'�4d Cash deposits from the various operations are remitted to the Treasurer's Office and RCW 36.29.010 stipulates the Treasurer's responsibilities over cash.All County employees or new hires who handle cash are required to review, sign, and follow the department's procedures for cash handling. For additional information and detail see Mason County Revenue (Cash) Handling Policies and Procedures. 11 Receipting Departments that receive cash for services or fees are required to evidence receipt by pre-numbered cash receipts. Cash shall be deemed to include cash, checks, or other financial instruments that can be converted to cash. Checks should be endorsed immediately and must be maintained with other cash items in a locked and secure location. Cash receipts must be balanced and deposited with the Treasurer's Office on a daily basis, unless exemption is approved, pursuant to RCW 43.09.240. The size and amount of deposits vary by location and department. Alternative receipt practices may be adopted only by approval of the County Treasurer. Where ever possible, the functions of receipting, balancing and depositing should be performed by different personnel to ensure adequate safeguards. 21 Piet y Cash/Revolving Funds Departments may maintain petty cash or revolving funds for the payment of incidental expenses only with the Treasurer's prior approval and evidence of accounting ability to maintain the fund to the County standard. These funds are not intended for repository of cash receipts in the normal course of business and must not be commingled. 31 Bank Accounts The use of bank or other financial institution accounts for the purpose of depositing or maintaining public funds is forbidden without the prior consent and knowledge of the Mason County Treasurer, his/her office and staff. AVlI',t` The County Treasurer has responsibility for the investment of public funds under RCW 36.29.020. Investments are carried at book value and investments are made by fund. Investments are held by a third party trust agreement on a delivery versus payment basis and are booked electronically. Authorization to invest funds of a district or related entity is required in writing by an appointed investment officerfor the district.The County Treasurer invests the County's short term cash and reserves for maximum return according to the 8 investment policy established by the Mason County Treasurer and the County Finance Committee. Vllf. G1RANTS�& FEDER�A�LaOR�STATEFUNDI�NG7_ ' L_=_'__. �: .�_.._._ :_.—.:.:•..�:"_-a:_,:..,.�i:�>.rrE Wit.--.. _"--N._1R.ns'd;.u_ .s_:P ,.a_..6�74_..}s'K.._..__.v.- Grant applications will be reviewed by the Board of County Commissioners with due consideration being given to whether locally generated revenues will be required to support these programs when outside funding is no longer available. Approved grant agreements will be signed by the Board of County Commissioners or their approved designee. Grants may be accepted if the County can be assured that the total costs and requirements of accepting funds are known and judged not to adversely impact the County's funds. Future impacts on the budget will be identified and analyzed prior to approval of grant contracts Grant related revenue and expenditures (including matching funds provided by the County) shall be authorized,within policy, and properly accounted for in the project accounting module of the financial management system according to Federal, State and local regulations and the terms and conditions of the grant award. The department receiving the grant award will budget for and expend any costs related to obtaining the grant, unless an agreement with the Board is made otherwise. The responsibility for understanding and adhering to County, State and Federal regulations, policies or procedures belongs to the managing department of that particular grant. 1) Grant Project Form When an application for grants is approved, or when a new federal or state funding source is secured, the department must complete and provide to the County Auditor the grant project form as prescribed by the County Auditor. A signed copy of the grant must be submitted with the grant code request form to the Auditor's Office. This helps ensure the required funding source information has been gathered so the Auditor can assign the proper revenue number in accordance with the State Auditor's BARS manual. ,22)Year End Program Contract Worksheet At the end of each fiscal year, the County Auditor will provide a listing of all federal and state funding sources that were reported to the State Auditor's Office on Schedule 15 and Schedule 16. Each department must complete and provide to the County Auditor the program contract worksheet as prescribed by the County Auditor. These worksheets are considered the final Schedule 15 and Schedule 16 data, which is compiled by the County Auditor into a single document. 3) Federal Policy The departments shall also use applicable cost principles from the US Code of Federal Regulations Title 2, part 200 (2 CFR 200) to determine the reasonableness, allow ability and allocation of costs applicable to federal grants and contracts. The County shall recover the full cost of providing internal services to funds with grant revenue as permitted under the grant agreement and 2 CFR 200. 9 Any instance where a potential conflict of interest may arise must be disclosed in writing by the responsible department to the federal awarding agency or pass-through entity in _ accordance with applicable Federal awarding agency policy. The definition of a conflict of interest is described in 2 CFR 200.318(c) Reference Mason County Conflict of Interest Policy.Any instances of violations of federal criminal law involving fraud,bribery, or gratuity violations potentially affecting federal awards must be disclosed in writing to the federal awarding agency or pass-through entity by the responsible department. Elected Officials, Department Heads, and grant managers within each department are authorized to sign the required certification as stated in 2 CFR 200.415. For billing indirect costs to grants, use the rate determined by the simplified external indirect cost allocation plan, which is calculated by the Auditor's Office. t`+G '' '#'- vaf r:`v yK, 3 >% s s � caes :'�c f� a4rx'k`•?r"'ca'�" ka>� `_�' r�, 1EB7' ,.r Deficit financing and borrowing will not be used to support ongoing County services and operations. Expenses will be reduced to conform to the long term revenue forecast. Interfund loans are permissible to cover temporary gaps in cash flow, but only by resolution that states a short term repayment schedule and at an interest rate based on the Washington State Local Government Investment Pool. The lending fund must have excess funds available and the use of those funds won't have an impact on the fund's current operations. For additional information and detail see Mason County Interfund Loan Policy` If the Board of County Commissioners approves lease purchasing, the useful life of the item must be equal or greater than the length of the lease. The fixed asset information form must be provided by the department concurrent with the submission of the lease documents. Debt payments shall not extend beyond the estimated useful life of the project being funded. Mason County will maintain good communications with bond rating agencies concerning its financial condition, and will take all appropriate and responsible measures to sustain quality bond ratings with continuous financial management efforts to enhance the County's bond ratings. Mason County follows the Mason County Debt Policy which is maintained by the County Treasurer. 1) Authority for County Indebtedness Department heads do not have the authority to commit Mason County to any indebtedness beyond current budget authority. For additional information and detail see Mason County Purchasing Policy. Indebtedness includes, but is not limited to leases, lease-purchases, rental agreements, contracts, grants, and other obligations of short and long term debt. The Mason County Commissioners shall be signatory to any obligations requiring short or long term indebtedness beyond current budget authority, unless the Commission has given written authority to exempt certain contracts. 10 ley The County will follow a vigorous policy of collecting all County revenues. Revenue will be coded to the correct account per the Washington State BARS (Budgeting, Accounting, and Reporting System). Grant revenue must be deposited with the Mason County grant project code as assigned by the Auditor's Office. 11) Accounts Receivable Currently, billings for services, goods, and reimbursements for funds are done through a de-centralized financial accounting system. If revenue is anticipated, the department anticipating the revenue shall notify the Treasurer's office by Treasurer's ACH form or deposit form prior to receipt to ensure proper recording. There will be adequate segregation of duties relating to accounts receivable. To accomplish this, the billing, cash collection, recording, and reconciliation functions should be separated. If this level of segregation of duties is not possible, compensating controls should be implemented to ensure a proper division of functional responsibility. 2)Wage Overpayments Debts due to the county for the overpayment of wages to their respective employees will be recovered by following the processes in RCW 49.48.200 and RCW 49.48.210: 3) Collection Policy The collection policy and any action plan shall be established by the elected official or department head, recognizing State requirements and the unique characteristics of the clients served by that department. It is the responsibility of each department to collect their accounts receivable. Departments will review their outstanding receivables on a timely basis for past due accounts. Accounts Receivable aging reports should be run in the de-centralized accounting system in order to determine which accounts are past due. The oldest outstanding accounts receivables will be reviewed on a regular basis. Departments have the ability to handle past due accounts along reasonable business practice guidelines. An example of reasonable business practice could be as follows: A past due notice is issued for all accounts that are 30 days past due. Notices are issued by the responsible department every 30 days over a 90 day period. 11 Notices are distinguished as "first notice""second notice"and"final notice'; with the final notice indicating that the account could go to a collection agency if not paid. At the discretion of the department or elected official, the initial notice period can be extended in limited circumstances. No receivables should be due for longer than 90 days without past due notices being issued. It is imperative that departments practice due diligence to collect past due accounts, as the writing off of bad debt may be viewed as a gift of public funds if collection actions are not implemented. As soon as accounts receivable are identified as uncollectible, the department should request a write-off approval from the Board of County Commissioners. 31 Refunds vs. Reimbursements Cash refunds from vendors are payments received for returned goods; for services paid for, but not used; or for overpayments. These are the only items that may reduce expenditures. Payments received by any outside agency as reimbursements for goods or services are not refunds and should be recorded as revenue, not as a reduction of expenditures. If the refund is received after the end of the accounting period in which the original expenditure was made, and the dollar amount of the refund is not material, a BARS revenue account established bytheTreasurees officewill be credited for the amount of the refund. 41 Public Fees & Charges The full cost of services shall be evaluated by each department regularly to provide a basis for setting the charge or fee. Full cost incorporates direct and indirect costs. at s a F a VJ_ �� � ary ti EM Expenditures will be coded to the correct account per the Washington State BARS (Budgeting, Accounting, and Recording System). The Elected Official, Department Head, or approved designee will be verifying with their signature on the voucher that the payment of the indebtedness is authorized by the Commissioners through the budget process. Overall responsibility for the County's expenditures belongs to the County Auditor, per Resolution 37-07. 1) Budget Agaronriation and Monitoring The Board of County Commissioners adopts the General fund budget at the department level and the special funds at the fund level. The County will not process expenditures in excess of the total appropriation for that fund. Departments are responsible for monitoring their budget expenditures. This is especially important during the last quarter of the budget year. Invoices in excess of budget will not be paid until the budget allows. Expenditures will be approved by the Board of County Commissioners at their next 12 regular business meeting. Departments within the General Fund may exceed the approved budget within individual line items, but shall not exceed total departmental budgets without Board approval of a budget adjustment, per Resolution 26-17. No fund shall exceed total fund budget without Board approval of a budget adjustment. 21 Travel/Business Expenditures For additional information and detail see Mason County Personnel Policy, Travel Expense Reimbursement. 31 Non-Travel Food Purchases Food and beverages (not including water) may not be purchased for employees with County funds unless the County is hosting an official meeting at which non-County employees are in attendance or, in accordance with RCW 43.03.050, each of the following criteria is met: 1) The purpose of the meeting is to conduct official County business or to provide training to County employees or officials: and 2) The meals are an integral part of the business meeting or training session, and 3) The meeting or training session takes place away from the employee's or official's regular workplace, and 4) The County obtains a receipt for the actual costs of the meals with meetings and the price does not exceed the corresponding Washington State per diem rate. 41 Purchasing For all new individual vendors, a completed Vendor Info Form or W9 must be submitted to the Auditor's Financial Services Department before payment to that vendor can be made. Departments that report directly to the Board must receive verbal Board approval during a briefing before making purchases of items$25,000 or more, even if the authority is in the department's budget. For additional information and detail see Mason County Purchasing Policy. 5) Lost warrants The County will not reissue a warrant, due to the loss of the original warrant, until a lost warrant affidavit is turned into the Auditor's Financial Services Office. A lost warrant affidavit may be turned in three weeks after the issue date of the original warrant, except in the case of a payroll warrant. 6) Registered Warrants Restricted cash flow and decreasing cash reserves require that Mason County enlist the aid of other financial institutions to hold registered warrants.The Mason County Treasurer 13 reserve the statutory authority to issue registered warrants but has available several other alternative arrangements to cover short term financing. 7) Credit Cards Personal charges may not be made with a County credit card. Any charges which cannot be properly identified or which are not properly allowed shall be paid promptly by the card user. This includes finance charges, late fees, etc. Retain credit card receipts with detail of purchases throughout the month. Once the credit card statement is received, reconcile receipts to the statement, attach to an invoice edit and send the edit, statement and receipts to the Auditor's Financial Services Office for payment. For additional information and detail see Mason County Credit Card Policy. 8) Outside Vendor Credit Accounts When the County has a credit balance on an outside vendor account, the balance must either be used within 90 days, or a reimbursement must be made to the County from the vendor. 9) Miscellaneous Volunteer Recognition Mason County frequently receives assistance from volunteers in the community. County departments may provide non-monetary recognition for volunteers not to exceed the limitation on gifts, per RCW 42.52.150. Other Recoanition Celebrations/Memorials/Flowers - No County funds shall be used to purchase gifts or flowers for County employees or relatives, except for retiring employees. For retiring employees, a gift with a value not to exceed the limitation on gifts, per RCW 42.52.150, may be given by the County. °� l IV-1IM "I�G JDIJRNAL'E T74�IES e,.cQsSaezi:... tacl- s vs All adjusting journal entries will be accounted for by maintaining a file including the date, posting number, description, preparer's and approver's initials. - There will be adequate documentation attached to the adjusting journal entry that will explain the reasoning for the entry. Departments may request an adjusting journal entry, but only Financial Services or Treasurer's Office may post. The approver may not be the same person as the preparer. 14 X- _P ROL Please see the Mason County Employee Handbook and/or the Payroll/Human Resources policy for detailed payroll and benefit policies. sr' X1111�C` APITAyLZASTZ SvETS �` Capital Assets owned by the County that are required to be registered will be recorded in the name of"Mason County" and not of an individual Department or Fund. For additional information and detail see Mason County Capital Asset Policy. 1) Real Estate Excise Tax (BEET) Funds The State of Washington is authorized to levy a real estate excise tax on all sales of real estate. A locally-imposed tax is also authorized. REET I and II taxes are collected by Mason County. RCW 82.46 governs the REET funds. REET I funds can be imposed by all cities and counties. In order to impose REET II, the County must be planning under the Growth Management Act. REET I dollars must be spent solely on capital projects that are listed in the capital facilities plan element of their comprehensive plan. Those include public works projects of a local government for planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation, or improvement of streets; roads; highways; sidewalks; street and road lighting systems; parks; recreational facilities; law enforcement facilities; fire protection facilities;trails; libraries; and administrative and judicial facilities. . REET I I dollars must be spent on public works projects in the capital facilities plan element of their comprehensive plan such as*planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation, or improvement of streets,roads, highways, sidewalks, street and road lighting systems, traffic signals, bridges, domestic water systems, storm and sanitary sewer systems, and planning, construction, reconstruction, repair, rehabilitation, or improvement of parks. �` < nt S t r� t '. XII�/ FUINDBALAN : �r i ,` +w _ E�.s_L'��„�.fr;,..�.� b.—...'LYx ..r�` .-..x_ ram.��' 1) Classification Mason County fund balances are classified by reserved or unreserved. The Department of Community Development's permit fee revenues and expenditures will be analyzed by the Financial Services Department at least annually to ensure resources are property used. 2) Minimum Level Maintenance of an adequate fund balance for the General fund to ensure sufficient resources for cash flow and to mitigate revenue shortages or emergencies shall be a 15 priority. The General fund's long-term fund balance target is a year-end unassigned fund balance of 15-20% of annual expenditures, in accordance with Resolution 72-19. 16 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, P.E, PLS, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: September 22, 2020 Agenda Item #8,� BRIEFING DATE: September 14, 2020 BRIEFING PRESENTED BY: Dave Smith and Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Vacation No. 400 — Hearings Examiner Recommendation BACKGROUND: The Mason County Hearing Examiner held a hearing on July 22, 2020 to consider vacating a 10x 100-foot portion of a street originally platted as Grey Street, adjoining lots addressed as 111 E Wilchar Boulevard, located to the northeast of Phillips Lake. The Examiner issued his Findings of Fact, Conclusions of Law and Recommendations on August 2, 2020, recommending approval of the proposed vacation with one condition: That the county shall approve the proposed street vacation, subject to any existing utility easements for ingress and egress for any other purpose, if any and in accordance with RCW 36.87.140, retaining an easement in favor of Mason County for any utilities present in the vacated right of way. RECOMMENDED ACTION: Recommend that the Board consider the Hearings Examiner recommendation and approve Road Vacation No. 400, vacating the South 10 feet of an unused road, once called Gray Road that lays north of Tracts 5 & 6 in the plat of Will-Char addition to Phillips Lake. Attachments: 1. Hearing Examiner Findings of Fact, Conclusions of Law and Recommendations 2. Order of Vacation 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 Phil Olbrechts,Hearing Examiner 3 RE: Road Vacation No. 400 4 FINDINGS OF FACT, CONCLUSIONS 5 Petition for a Road Vacation OF LAW AND RECOMMENDATION 6 7 SUMMARY 8 The petitioners, Allan and Dani Kirk, have petitioned for vacation of a 10 x 100-foot portion of a street originally platted as Grey Street, adjoining lots addressed as 111 E. 9 Wilchar Boulevard, located to the northeast of Phillips Lake. It is recommended that 10 the Commissioners approve the request. 11 TESTIMONY 12 Phil Franklin,Mason County Right of Way Agent, summarized the proposed vacation. In response to examiner questions Mr. Franklin stated that Grey Street will never be 13 developed because Wilchar Boulevard(identified as Division Lane in the original plat) 14 Provides all the access needed for the lots of the area. The Grey Road vacation area has been used as a pull-out area that has progressively grown in size and has been used 15 to dump garbage, drug paraphernalia and human waste. There are no utilities in the vacation area or drainage area. 16 17 EXHIBITS 18 Exhibit 1: Engineer's Report with attachments A-1 through D-2. 19 FINDINGS OF FACT 20 Procedural: 21 22 1. Hearing. A virtual hearing on the petition for vacation was held on July 22, 23 2020 at 1:00 pm, Zoom Hearing ID No. 856 1103 9153. 24 Substantive: 25 2. Site/Proposal Description. The petitioners, Allan and Dani Kirk, have petitioned for vacation of a 10 x 100-foot portion of a street originally platted as Grey Street, adjoining lots addressed as 111 E. Wilchar Boulevard, located to the northeast of Phillips Lake. More precisely, the vacation area is the southerly ten feet of Grey Road Vacation P. 1 Recommendation Road on the plat of Will-Char Addition to Phillips Lake recorded in 1954, recorded as 1 DCP No. 18-26 under auditors file No.2105083. The property owned by the Kirks has 2 changed ownership since the filing of the petition and is currently owned by Ronald Schaefer and April Packer(husband and wife). The new owners were contacted and 3 they expressed interest in continuing on with the requested road vacation (See the exhibits A6 and A7). 4 5 3. Utility of Vacation Area. The vacation area is not necessary to access any lots. As 6 shown in the assessor maps of Ex. B, Wilchar Boulevard and E. Philips Lake Rd provide access to all the lots that could potentially need access via the vacation area. 7 The vacation area has never been developed and the County has no plans to develop it in the future. There are no utilities in the vacation area. 8 4. Right of Way as Easement. Mr. Franklin's report, Ex. 1, identifies the vacation 9 area as an easement as opposed to in fee. 10 5. Administrative Fees. The petitioners have paid the $500 administrative fee as 11 shown in the receipt entered as Ex.A-6. 12 CONCLUSIONS OF LAW 13 Procedural: 14 1. Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner 15 with the authority to review road vacation applications and make a recommendation to 16 the Mason County Board of County Commissioners. 17 Substantive: 18 2. Review Criteria and Application. Chapter 12.20 MCC sets forth the requirements 19 for vacation of roads. Furthermore, MCC 12.20.010 provides that County roads may be vacated in accordance with the provisions of Chapter 36.87 RCW. Applicable 20 review standards for vacation under Chapter 12.20 MCC, as well as those in Chapter 36.87 RCW,are quoted in italics below and applied via corresponding conclusions of 21 law. 22 23 MCC 12.20.010: County roads may be vacated in accordance with the provisions of RCW 36.87, and Mason County may require as a condition precedent to the vacation 24 the receipt of just compensation from the person or persons benefiting from the vacation. 25 RCW 36.87.020: Owners of the majority of the frontage on any county road or portion 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 Road Vacation p. 2 Recommendation set forth that such county road is useless as part of the county road system and that the 1 public will be benefited by its vacation and abandonment. The legislative authority 2 may: 3 (1) require the petitioners to make an appropriate cash deposit or furnish an appropriate bond against which all costs and expenses incurred in the examination, 4 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 5 such costs and expenses. 6 RCW 36.87.060: If the county road is found useful as apart of the county road system 7 it shall not be vacated, but if it is not useful and the public will be benefited by the vacation, the county legislative authority may vacate the road or any portion thereof. 8 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms 9 to the requirements of the statutes quoted above. As determined by the findings of fact, 10 the petitioners own the property abutting the proposed vacation area. The petitioners have paid $500 in application fees as required by County regulations. As determined 11 in Finding of Fact No. 3, the vacation area is not useful as a part of the county road system. The public will benefit from the vacation as it will increase the size of the 12 adjoining property and thus increase its assessed value. It will also enable the property owners to block access to the vacation area and thereby prevent the dumping of garbage 13 and other nuisances perpetuated by the travelling public. 14 MCC 12.20.040: For the purpose of vacating county roads, all roads shall be 1.5 classified as follows: 16 (1) Class A. All roads for which the right-of-way is an easement. 17 (2) Class B. All roads for which the right-of-way is owned in fee simple and for which the county paid full fair market value of the fee simple estate. 18 4. Vacation Area Qualifies as Class A Road. As determined in the findings 19 of fact, the right of way subject to the requested vacation is an easement and therefore qualifies as a Class A road. 20 21 MCC 12.20.050: Any person or persons desiring to have any portion of any county 22 road vacated shall be required by the Mason County Board of County Commissioners as a condition precedent to the vacation to compensate the county prior to the vacation. 23 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 24 vacation, and the costs of any and all appraisals deemed necessary by[...I the Hearing 25 Examiner or the Board of County Commissioners, together with any and all administrative costs incur-ed by the county in vacating the road. Said administrative costs shall include the costs of the Hearing Examiner in holding the public hearing and reporting recommendations to the Board of County Commissioners. Such Road Vacation p. 3 Recommendation compensation must be paid to Mason County within six months of the date the vacation 1 was approved by the Mason County commissioners or the vacation shall be null and 2 void. 3 5. Required Administrative Fees Paid. The County does not have a fee interest in the vacation area so no compensation is required for the value of the vacation area 4 under the ordinance quoted above, The petitioners have already paid a $500 deposit 5 for the petition as shown in Ex, A-4. 6 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 7 persons benefiting from the vacation thereof compensate Mason County as set forth in the following schedule: 8 (1) Class A roads. No compensation other than for the administrative costs of the 9 vacation action; 10 (2) Class B roads. One hundred percent of the appraised,fair market value, 11 6. No Compensation Required. No compensation for the fair market value of the road is required because the road qualifies as a Class A road. 12 13 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 14 examination, report, publication, investigation and other costs connected with the application. When deemed necessary by the county engineer, an additional deposit 15 amount may be required to cover appraisal or other costs. Board of County Commissioners[sic]For any petition, whether granted or denied,for which the deposit 16 exceeds the total costs, the excess deposit shall be refunded to the petitioner. For any 17 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. 18 7. Required Deposit Paid. The petitioners have paid a $500 cash deposit as 19 shown in Ex.A-4. 20 RECOMMENDATION 21 It is recommended that the Board of Commissioners approve the proposed vacation, 22 subject to existing easements for ingress and egress for any other purpose, if any, and, in accordance with RCW 36.87.140, retaining an easement in favor of Mason County 23 for any utilities present in the vacated right of way. 24 DATED this 2nd day of August,2020 25 Road Vacation p. 4 Recommendation PhY AA.Qlbj echts 2 3 Mason County Hearing Examiner 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Road Vacation p. 5 Recommendation RETURN TO MASON COUNTY PUBLIC WORKS 100 W. Public Works Drive Shelton,WA 98584 IN THE MATTER OF THE VACATION OF THE ORDER OF VACATION SOUTH 10 FEET OF A ROAD ONCE NAMED VACATION FILE NO. 400 GRAY ROAD,THAT LAYS NORTH OF TRACTS 5 RCW 36.87 &6 IN THE PLAT OF WILL-CHAR ADDITION TO PHILLIPS LAKE WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate the following described rights of way: The Southerly 10 feet of Gray Road,now unnamed and unopened, laying adjacent to and Northerly of Tracts 5 and 6 as shown on the official map of said plat of Will-Char Addition to Phillips Lake said tracts also recorded as DCP No. 18-26 under auditors file No. 215083. AND,WHEREAS,the date of hearing was set for July 22, 2020 at 1:00 p.m. and Notice of Hearing, Intent to Vacate,was published and posted according to law; and WHEREAS, the hearing was held on July 22, 2020 and the Mason County Hearing Examiner considered the County Engineer's report, together with any evidence for or objection against said vacation; and WHEREAS, the Hearing Examiner has rendered to the Board of Mason County Commissioners, his Findings, Conclusions and Recommendations and the members of the Board have given them due consideration. NOW, THEREFORE, IT IS ORDERED that the above described right of way is hereby vacated; and IT IS FURTHER ORDERED, that said vacation is subject to any existing private easements for ingress and egress or any other purpose and to retaining an easement in favor of Mason County for any utilities present in the vacated road right-of-way in accordance with RCW 36.87.140. DATED this day of ,2020 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin,Vice Chair Tim Whitehead, Ch. DPA Kevin Shutty, Commissioner Cc: File;Assessor;Auditor; Petitioner; Public Works Dept; GIS Vacation File No. 400 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, P.E, PLS, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: September 22, 2020 Agenda Item #9. BRIEFING DATE: September 14, 2020 BRIEFING PRESENTED BY: Dave Smith and Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD . Please provide explanation of urgency: ITEM: Vacation No. 402— Hearings Examiner Recommendation BACKGROUN: The Mason County Hearing Examiner held a hearing on July 22, 2020 to consider vacating a 40 x 200-foot portion of street originally platted as Alder Street, adjoined on both sides by property owned by the petitioners, John Tracy and Lorinne Lee, in the area of 17731 E State Route 106. The Examiner issued his Findings of Fact, Conclusions of Law and Recommendations on August 1, 2020, recommending approval of the proposed vacation with the following conditions: Subject to the current drainage area, which should be required to remain with no alterations to course of flow. The vacation should also be subject to all existing easements if any, and in accordance with RCW 36.87.140, an easement should be retained in favor of Mason County for any utilities present in the vacated right of way. RECOMMENDED ACTION: Recommend that the Board consider the Hearings Examiner recommendation and approve Road Vacation No. 402, vacating a portion of an unused road in Lakewood Plat A once named Alder Street, currently known as E. Ellinor Peak Place between Block 1 Lots 1-8 and Block 2, Lots 1-4 and 5-8. Attachments: 1. Hearing Examiner Findings of Fact, Conclusions of Law and Recommendations 2. Order of Vacation 1 BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 Phil Olbrechts,Hearing Examiner 3 RE: Road Vacation No. 402 4 FINDINGS OF FACT, CONCLUSIONS 5 Petition for a Road Vacation OF LAW AND RECOMMENDATION 6 7 SUMMARY 8 The petitioners, John Tracy and Lorinne Lee, have petitioned for vacation of a 40 x 200-foot portion of a street originally platted as Alder Street, adjoined on both sides by 9 property owned by the petitioners in the area of 17731 E State Route 106. It is 10 recommended that the Commissioners approve the request. 11 TESTIMONY 12 Phil Franklin,Mason County Right of Way Agent,summarized the proposed vacation. 13 In response to examiner questions Mr. Franklin stated that the vacation area is not currently being used for any access. The vacation area is being used for drainage 14 runoff. The petitioners, Mr. Tracy and Ms. Lee, own the lots on both sides of the vacation area and they access their lots via SR 106.. One of the purposes of the vacation 15 area is to stop people from using the vacation area to dump garbage and park there. All lots depicted in Ex. C-2 along Alder have access via SR 106, Cedar Street and Alder 16 itself just north of the vacation area, which ends in a cul-de-sac. The vacation area is 17 so wet it could never be used as access itself. Even if Mr.Tracy's lots were individually developed they could all still be accessed. The County has no plans to develop the 18 vacation area as a county road and the vacation area is of no use to the County road system. 19 John Tracy, petitioner, noted that the vacation is being used by the public and 20 sometimes they put up signs in the vacation area believing it's public. He noted that 21 his adjoining lots aren't assessed as tax lots as they're too small and that he only owns a total of four tax lots along the vacation area,including one to the left of those depicted 22 in Ex.C-2. 23 EXHIBITS 24 Exhibit 1: Engineer's Report with attachments A-1 through D-3. 25 FINDINGS OF FACT Procedural: Road Vacation P. 1 Recommendation 1 1. Hearing. A virtual hearing on the petition for vacation was held on July 22, 2 2020 at 1:00 pm,Zoom Hearing ID No. 856 1103 9153. 3 Substantive: 4 5 2. Site/Proposal Description. The petitioners, John Tracy and Lorinne Lee, have petitioned for vacation of a 40 x 200-foot portion of Alder Street, adjoined on 6 both sides by property owned by the petitioners in the area of 17731 E State Route 106. The vacation area was platted as a portion of originally named Alder Street in 7 Lakewood Plat A.The vacation area is more specifically described as the area between Block 1, Lots 1 — 8 and Block 2, Lots 1-4 and 5-8 of Lakewood Plat A. One purpose 8 of the requested vacation is to keep people from driving and parking in the vacation 9 area. 10 According to the Auditor's recorded records, Lakewood Plat A was recorded in 1912. Many of these lots were developed as camping lots (only 25 feet in width) and at first 11 sold as recreational lots for camping along Hood Canal. County records do not show any use or maintenance of the area that has been requested in this road vacation.It does 12 not appear that a road ever passed through this requested road vacation. 13 3. Utility of Vacation Area. The vacation area is not necessary to access any lots. The 14 petitioners' lots, which abut the vacation area on both sides, are accessed by SR 106. Immediately to the north of the vacation area is a cul-de-sac for the developed portion 15 of Alder Street. According to Phil Franklin, the vacation area itself is too wet as a drainage area to be developed as an access road,Mason County has no plans to develop 16 the vacation area as a road and the County has no need to develop the vacation area as 17 a road. 18 4. Right of Way as Easement. Mr. Franklin's report, Ex. 1, identifies the vacation area as an easement as opposed to in fee. 19 5. Administrative Fees. The petitioners have paid the $500 administrative fee as 20 shown in the receipt entered as Ex. A-6. 21 CONCLUSIONS OF LAW 22 Procedural: 23 24 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 25 the Mason County Board of County Commissioners. Substantive: Road Vacation p. 2 Recommendation 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 2 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 3 36.87 RCW, are quoted in italics below and applied via corresponding conclusions of law. 4 5 MCC 12.20.010: County roads maybe vacated in accordance with the provisions of 6 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 7 vacation. 8 RCW 36.87.020: Owners of the majority of the frontage on any county road or portion thereof may petition the county legislative authority to vacate and abandon the same 9 or any portion thereof. The petition must show the land owned by each petitioner and 10 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 11 may: 12 (1) require the petitioners to make an appropriate cash deposit or furnish an appropriate bond against which all costs and expenses incurred in the examination, 13 report, and proceedings pertaining to the petition shall be charged, or 14 (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover such costs and expenses. 15 RCW 36.87.060: If the county road is found useful as a part of the county road system 16 it shall not be vacated, but if it is not useful and the public will be benefited by the 17 vacation, the county legislative authority may vacate the road or any portion thereof.18 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms to the requirements of the statutes quoted above. As determined by the findings of fact, 19 the petitioners own the property abutting the proposed vacation area. The petitioners have paid$500 in application fees as required by County regulations. As determined 20 in Finding of Fact No. 3, the vacation area is not useful as a part of the county road 21 system. The public will benefit from the vacation as it will provide for more beneficial use of the adjoining property and thus increase its assessed value. 22 MCC 12.20.040: For the purpose of vacating county roads, all roads shall be 23 classified as follows: 24 (1) Class A. All roads for which the right-of-way is an easement. 25 (2) Class B. All roads for which the right-of-way is owned in fee simple and for which the county paid full,fair market value of the fee simple estate. Road Vacation p. 3 Recommendation 1 4. Vacation Area Qualifies as Class A Road. As determined in the findings 1 of fact,the right of way subject to the requested vacation is an easement and therefore 2 qualifies as a Class A road. 3 MCC 12.20.050: Any person or persons desiring to have any portion of any county 4 road vacated shall be required by the Mason County Board of County Commissioners as a condition precedent to the vacation to compensate the county prior to the vacation. 5 The compensation shall include, but not be limited to, the appraised,fair market value 6 of the county's fee simple interest in the vacated road as of the effective date of the vacation, and the costs of any and all appraisals deemed necessary by[...]the Hearing 7 Examiner or the Board of County Commissioners, together with any and all administrative costs incurred by the county in vacating the road. Said administrative 8 costs shall include the costs of the Hearing Examiner in holding the public hearing and reporting recommendations to the Board of County Commissioners. Such 9 compensation must be paid to Mason County within six months of the date the vacation 10 was approved by the Mason County commissioners or the vacation shall be null and void. 11 5. Required Administrative Fees Paid. The County does not have a fee interest 12 in the vacation area so no compensation is required for the value of the vacation area under the ordinance quoted above. The petitioners have already paid a $500 deposit 13 for the petition as shown in Ex. A-6. 14 MCC 12.20.060: (a) The county shall require, as a condition precedent to the vacation 15 of roads or portion thereof within the classifications set forth in Section 12.20.040, that persons benefiting from the vacation thereof compensate Mason County as set forth in 16 the following schedule: 17 (1) Class A roads. No compensation other than for the administrative costs of the 18 vacation action; (2) Class B roads. One hundred percent of the appraised,fair market value. 19 6. No Compensation Required. No compensation for the fair market value of 20 the road is required because the road qualifies as a Class A road. 21 MCC 12.20.080: Each petition for vacation of a road shall be accompanied by a bond 22 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 23 application. When deemed necessary by the county engineer, an additional deposit amount may be required to cover appraisal or other costs. Board of County 24 Commissioners[sic]For any petition,whether granted or denied,for which the deposit 25 exceeds the total costs, the excess deposit shall be refunded to the petitioner. For any 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. 4 Recommendation 7. Required Deposit Paid. The petitioners have paid a $500 cash deposit as 1 shown in Ex. A-6. 2 RECOMMENDATION 3 It is recommended that the Board of Commissioners approve the proposed vacation, 4 subject to the current drainage area, which should be required to remain with no alteration to course or flow. The vacation should also be subject to all existing 5 easements, if any, and in accordance with RCW 36.87.140, an easement should be 6 retained in favor of Mason County for any utilities present in the vacated right of way. 7 DATED this I st day of August,2020 8 10 kdA.0lbrvcfils 11 Mason County Hearing Examiner 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Road Vacation p. 5 Recommendation 3 RETURN TO MASON COUNTY PUBLIC WORKS 100 W. Public Works Drive Shelton,WA 98584 IN THE MATTER OF THE VACATION A ORDER OF VACATION PORTION OF THE STREET ORIGINALLY VACATION FILE NO. 402 NAMED ALDER STREET IN THE ORIGINAL RCW 36.87 PLAT OF LAKEWOOD PLAT A WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate the following described rights of way: A portion of Alder Street as shown in the plat of Lakewood Plat A,as recorded on March 4, 1912 in Volume 2 of Plats, at Page 29,in the Mason County Auditor's Office, Mason County,Washington, being a portion of Section 12,Township 22 North,Range 2 West,WM more particularly described as follows: All that area of Alder Street, now unnamed and unopened, laying adjacent to Block 1,Lots 1-8 and Block 2,Lots 1-4 and 5-8 as shown on the official map of said plat of Lakewood Plat A. Subject to retaining the current drainage area,that will remain and the course or flow will not be altered and existing easement for ingress/egress for any other purpose and any utilities present in the proposed vacated right of way. AND,WHEREAS,the date of hearing was set for July 22,2020 at 1:00 p.m. and Notice of Hearing,Intent to Vacate,was published and posted according to law; and WHEREAS, the hearing was held on July 22, 2020 and the Mason County Hearing Examiner considered the County Engineer's report, together with any evidence for or objection against said vacation; and WHEREAS, the Hearing Examiner has rendered to the Board of Mason County Commissioners, his Findings, Conclusions and Recommendations and the members of the Board have given them due consideration. NOW,THEREFORE, IT IS ORDERED that the above described right of way is hereby vacated; and 3 IT IS FURTHER ORDERED, that said vacation is subject to the current drainage area, which should be required to remain with no alterations to course of flow and any existing private easements for ingress and egress or any other purpose and to retaining an easement in favor of Mason County for any utilities present in the vacated road right-of-way in accordance with RCW 36.87.140. DATED this day of ,2020 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin,Vice Chair Tim Whitehead, Ch. DPA Kevin Shutty, Commissioner Cc: File;Assessor;Auditor;Petitioner; Public Works Dept; GIS Vacation File No.402 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, RE, PLS, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: September 22, 2020 Agenda Item # } BRIEFING DATE: September 14, 2020 BRIEFING PRESENTED BY: Dave Smith and Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Vacation No. 403 — Hearings Examiner Recommendation BACKGROUND: The Mason County Hearing Examiner held a hearing on July 22, 2020 to consider vacating approximately 56x26-foot portion of E Mason Lake Drive West, abutting 4000 E Mason Lake Drive West in Grapeview. The right of way width at this point is 90 feet, significantly wider that 60 feet typically dedicated for county roadways. The proposed vacation area is not necessary for County use and maintenance of E. Mason Lake Drive West. The Examiner issued his Findings of Fact, Conclusions of Law and Recommendations on August 2, 2020, recommending approval of the proposed vacation with one condition: That the county shall approve the proposed street vacation, subject to any existing utility easements for ingress and egress for any other purpose, if any and in accordance with RCW 36.87.140, retaining an easement in favor of Mason County for any utilities present in the vacated right of way. RECOMMENDED ACTION: Recommend that the Board consider the Hearings Examiner recommendation and approve Road Vacation No. 403, vacating a portion of an unused portion of E Mason Lake Drive West in the plat of Mading's Sunny Shores Addition no. 3. Attachments: 1. Hearing Examiner Findings of Fact, Conclusions of Law and Recommendations 2. Order of Vacation I BEFORE THE HEARING EXAMINER FOR MASON COUNTY 2 Phil Olbrechts,Hearing Examiner 3 RE: Road Vacation No. 403 4 FINDINGS OF FACT,CONCLUSIONS 5 Petition for a Road Vacation OF LAW AND RECOMMENDATION 6 7 SUMMARY 8 The petitioner,Michael Williams,has petitioned for vacation of an approximately 86x 26-foot portion of E Mason Lake Drive West,abutting 4000 E Mason Lake Drive West 9 in Grapeview. The right of way width at this point is 90 feet, significantly wider than 10 the 60 feet typically dedicated for county roadways. The proposed vacation area is not necessary for County use and maintenance of E.Mason Drive West and for that reason 11 it is recommended that the Commissioners approve the vacation request. 12 TESTIMONY 13 Phil Franklin,Mason County Right of Way Agent, summarized the proposed vacation. 14 In response to examiner questions,Mr.Franklin stated the travelled portion of the road was built outside of the easement area 40 or 50 years ago, which is why the right of 15 way width is 90 feet at that location instead of the more typical 60 feet dedicated to the County. Given the exceptional width of the right of way at this location, the County 16 has no need for the vacation area to accommodate utilities or any other County function 17 and the County has no plans to develop that area in the future for right of way use. 18 EXHIBITS 19 Exhibit 1: Engineer's Report with attachments A-1 through D-3. 20 FINDINGS OF FACT 21 Procedural: 22 23 1. Hearing. A virtual hearing on the petition for vacation was held on July 22, 24 2020 at 1:00 pm,Zoom Hearing ID No. 856 1103 9153. 25 Substantive: Road Vacation P. 1 Recommendation 2. Site/Proposal Description. The petitioner,Michael Williams,has petitioned 1 for vacation of an approximately 86x 26-foot portion of E Mason Lake Drive West, 2 abutting 4000 E Mason Lake Drive West in Grapeview. 3 3. Utility of Vacation Area. The vacation area is not necessary to access any lots or 4 for any County use or maintenance of E Mason Lake Drive West. The right of way width along this portion of E Mason Lake Drive West is 90 feet, which is significantly 5 wider than the standard 60 feet dedicated for County right of way. The additional 30 6 feet results from the fact that the travelled portion of the roadway was built outside of the dedicated right of way 40 or 50 years ago, thereby likely increasing the width by 7 prescriptive use. Mr.Franklin confinned at the hearing that due to this increased width, the vacation area is not necessary for any use or maintenance of E. Mason Lake Drive 8 West or the placement of any utilities. 9 4. Right of Way as Easement. Mr. Franklin's report, Ex. 1, identifies the vacation 10 area as an easement as opposed to in fee. 11 5. Administrative Fees. The petitioner has paid the$500 administrative fee as shown in the receipt entered as Ex.A-10. 12 13 CONCLUSIONS OF LAW 14 Procedural: 15 1. Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner 16 with the authority to review road vacation applications and make a recommendation to the Mason County Board of County Commissioners. 17 Substantive: 18 19 2. Review Criteria and Application. Chapter 12.20 MCC sets forth the requirements for vacation of roads. Furthermore, MCC 12.20.010 provides that County roads may 20 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 21 36.87 RCW, are quoted in italics below and applied via corresponding conclusions of law. 22 23 MCC 12.20.010: County roads maybe vacated in accordance with the provisions of 24 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 25 vacation. RCW 36.87.020: Owners of the majority of the frontage on any county road or portion thereof may petition the county legislative authority to vacate and abandon the same Road Vacation p. 2 Recommendation or any portion thereof. The petition must show the land owned by each petitioner and 1 set forth that such county road is useless as part of the county road system and that the 2 public will be benefited by its vacation and abandonment. The legislative authority may: 3 (1) require the petitioners to make an appropriate cash deposit or furnish an 4 appropriate bond against which all costs and expenses incurred in the examination, report, and proceedings pertaining to the petition shall be charged, or 5 (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover 6 such costs and expenses. 7 RCW 36.87.060: If the county road is found useful as a part of the county road system it shall not he vacated, but if it is not useful and the public will be benefited by the 8 vacation, the county legislative authority may vacate the road or any portion thereof. 9 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms 10 to the requirements of the statutes quoted above. As determined by the findings of fact, the petitioner owns the property abutting the proposed vacation area. The petitioner 1 I has 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 system. 12 The public will benefit from the vacation as it will increase the size of the adjoining 13 property and thus increase its assessed value. 14 MCC 12.20.040: For the purpose of vacating county roads, all roads shall be classified as follows: 15 (1) Class A. All roads for which the right-of--way is an easement. 16 (2) Class B. All roads for which the right-of-way is owned in fee simple and for which 17 the county paid full fair market value of the fee simple estate. 18 4. Vacation Area Qualifies as Class A Road. As determined in the findings of fact,the right of way subject to the requested vacation is an easement and therefore 19 qualifies as a Class A road. 20 21 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 22 as a condition precedent to the vacation to compensate the county prior to the vacation. The compensation shall include, but not be limited to, the appraised,fair market value 23 of the county's fee simple interest in the vacated road as of the effective date of the vacation, and the costs of any and all appraisals deemed necessary by[...J the Hearing 24 Examiner or the Board of County Commissioners, together with any and all 25 administrative costs incurred by the county in vacating the road. Said administrative costs shall include the costs of the Hearing Examiner in holding the public hearing and reporting recommendations to the Board of County Commissioners. Such compensation must be paid to Mason County within.six months of the date the vacation Road Vacation p. 3 Recommendation was approved by the Mason County commissioners or the vacation shall be null and 1 void. 2 5. Required Administrative Fees Paid. The County does not have a fee interest 3 in the vacation area so no compensation is required for the value of the vacation area under the ordinance quoted above. The petitioner has already paid a$500 deposit for 4 the petition as shown in Ex. A-10. 5 MCC 12.20.060: (a) The county shall require, as a condition precedent to the vacation 6 of roads or portion thereof within the classifications set forth in Section 12.20.040, that persons benefiting from the vacation thereof compensate Mason County as set forth in 7 the following schedule: 8 (I) Class A roads. No compensation other than for the administrative costs of the vacation action; 9 (2) Class B roads. One hundred percent of the appraised,fair market value. 10 6. No Compensation Required. No compensation for the fair market value of 11 the road is required because the road qualifies as a Class A road. 12 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 13 examination, report, publication, investigation and other costs connected with the 14 application. When deemed necessary by the county engineer, an additional deposit amount may be required to cover appraisal or other,costs. Board of County 15 Commissioners[sic]For any petition, whether granted or denied,for which the deposit exceeds the total costs, the excess deposit shall be refunded to the petitioner. For any 16 petition, whether granted or denied,for which the costs exceeds the deposit, the excess 17 shall be billed to the petitioner and be due and payable immediately. 18 7. Required Deposit Paid. The petitioner has paid a $500 cash deposit as shown in Ex. A-10. 19 RECOMMENDATION 20 21 It is recommended that the Board of Commissioners approve the proposed vacation, subject to existing easements for ingress and egress for any other purpose, if any, and 22 in accordance with RCW 36.87.140, retaining an easement in favor of Mason County for any utilities present in the proposed vacated right of way.. 23 24 DATED this 2nd day of August,2020 25 Road Vacation p. 4 Recommendation Phil'.Qlbreclits 2 3 Mason County Hearing Examiner 4 5 6 7 8 9 10 11 t2 13 14 15 16 17 18 19 20 21 22 23 24 25 Road Vacation p. 5 Recommendation RETURN TO MASON COUNTY PUBLIC WORKS 100 W. Public Works Drive Shelton,WA 98584 IN THE MATTER OF THE VACATION OF AN ORDER OF VACATION UNUSED PORTION OF VACATION FILE NO. 403 E.MASON LAKE DRIVE WEST RCW 36.87 WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate the following described rights of way: An unused portion of E.Mason Lake Drive West as dedicated in the Plat of Mading's Sunny Shore Addition No. 3, as recorded in Volume 4 of Plats at page 89 and 90, dedicated on January 22, 1951, recorded in Mason County,Washington. AND,WHEREAS,the date of hearing was set for July 22, 2020 at 1:00 p.m. and Notice of Hearing, Intent to Vacate, was published and posted according to law; and WHEREAS, the hearing was held on July 22, 2020 and the Mason County Hearing Examiner considered the County Engineer's report, together with any evidence for or objection against said vacation; and WHEREAS, the Hearing Examiner has rendered to the Board of Mason County Commissioners, his Findings, Conclusions and Recommendations and the members of the Board have given them due consideration. NOW, THEREFORE, IT IS ORDERED that the above described right of way is hereby vacated; and IT IS FURTHER ORDERED, that said vacation is subject to any existing private easements for ingress and egress or any other purpose and to retaining an easement in favor of Mason County for any utilities present in the vacated road right-of-way in accordance with RCW 36.87.140. DATED this day of ,2020 ATTEST: BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin,Vice Chair Tim Whitehead, Ch. DPA Kevin Shutty, Commissioner Cc: File;Assessor;Auditor; Petitioner; Public Works Dept; GIS Vacation File No. 403 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, RE, PLS, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: September 22, 2020 Agenda Item # BRIEFING DATE: July 20, 2020 and August 24, 2020 BRIEFING PRESENTED BY: Mike Collins and Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Road Vacation No. 406— Rescheduling Hearing Date with Hearings Examiner BACKGROUND: Commissioners approved, on August 25, 2020, to move forward with setting a hearing with the Hearings Examiner for Road Vacation No. 406. The petitioner has since requested an amendment to the vacation area that will require the resolution to be updated to add the 10x200' unnamed alley that abuts to the petitioner's property (Petitioned vacation described below). The petitioned vacation is for the north half of Fir Street and the south half of an unnamed alley adjacent to Block 8 Lots 21 through 28 in the Plan of Grays Harbor and Union City Railroad Addition to Union City. The vacation area is approximately 200x30 feet, on the Fir Street side, and 10x200 feet on the unnamed alley side, in size and abuts the petitioner's property. The vacation would add useable space to their lot and shut off unwanted access to the back of their property. An Engineer's Report has been prepared for the Hearings Examiner and Public Works recommends the vacation as submitted, subject to retaining existing easements for ingress and egress for any other purpose, if any, and in accordance with RCW 36.87.1401 retaining an easement in favor of Mason County for any utilities present in the proposed vacated right of way. RECOMMENDED ACTION: Recommend the Board approve and execute a new resolution, replacing 2020-62 that will updated the vacation area and keeping the same hearing date with Hearings Examiner for Wednesday, October 14, 2020 at 1:00pm to consider public comment on the petition to vacate a portion of the north half of Fir Street and the south half of an unnamed alley adjacent to Block 8 Lots 21 through 28 in the Plan of Grays Harbor and Union City Railroad Addition to Union City, Road Vacation No. 406. ATTACHMENTS: 1. Engineer's Report 2. Hearing Notice MASON COUNTY DEPARTMENT of PUBLIC WORKS 100 W PUBLIC WORKS DRIVE .1_N_CO SHELTON, WASHINGTON 98584 MEMORANDUM DATE: September 15, 2020 TO: Mason County Hearings Examiner FROM: Phil Franklin, Right of Way Agent, for Mike Collins, County Engineer Cc: Loretta Swanson, Director of Mason County Public Works SUBJECT: ENGINEER'S REPORT—ROAD VACATION FILE NO. 406 Vacation of the North half of Fir Street and the South half of an unnamed alley adjoining Lots 21 through 28 of Block 8 in Grays Harbor and Union City Railroad Addition to Union City.These lots are identified as Assessor's Parcel Number#32232-52- 08021 Dedicated in the Plan of Grays Harbor& Union City Railroad Addition to Union City on August 1, 1890. Background: Neil &Julie Jones have petitioned for the vacation of the North half of Fir Street adjacent to Block 8 Lots 21 through 28 in the Plan of Grays Harbor and Union City Railroad Addition to Union City. The area that they have requested to be vacated is approximately 200 x 30 feet in size and would allow Mr. & Mrs. Jones to add useable space to their lot and also shut off some unwanted access to the back of their property. The area east of the Jones property, along the same street, was granted a similar vacation back on August 14, 2012. This is noted as Vacation #382. The applicants claim that this street is already vacated by Operation of Law, and if this is true,the approval of their requested vacation will clear up title on the vacated area. The right of way width of the entire street is 60 feet, according to the original plat map, and the request is for the North half of Fir Street that abuts the petitioner's property. If any of the properties to the South of Fir Street want to maintain access to the lower portion of their property,there will be a 30-foot portion of the dedicated platted road left to be used if needed.The majority of the properties to the South of Fir Street are quite steep with the bottom of the slope at Fir Street and access their properties off of Spruce Street. At a later date, Mr. & Mrs.Jones, requested an amendment to their original vacation petition. They asked to add the South 10 feet of an unnamed alley, that is located on the North side of their property and that is located adjacent to Block 8 Lots 21 through 28 in the Plan of Grays Harbor and Union City Railroad Addition to Union City. After an onsite meeting, with Mr.Jones, Mason County Public Works allowed Mr. Jones to add this unopened alley to his original petition and found that the vacation of this 20 foot wide, unnamed alley, is not necessary for the county road system.The requested amendment is approximately 10 by 200 feet in size. 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 street is used very rarely as access to any of the properties in this area and all properties have other ways of access to their property that are much better suited for use. 2. Both the road and the alley are 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 areas are not deemed necessary to preserve for the County road system for the future. 4. The public will benefit by this action, since it will clear title for the petitioner, add more area for the petitioner to build on their property, add the vacated area to the tax rolls and relieve the county of liability. 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 North half of Fir Street located South and adjacent of Block 8 Lots 21 through 28 and the South half of and unnamed alley located North and adjacent of Block 8 Lots 21 through 28, as recorded in the Plan of Grays Harbor & Union City Railroad Addition to Union City as petitioned, subject to existing easements for ingress and egress or any other purpose, if any, and, in accordance with RCW 36.87.170, retaining an easement in favor of Mason County for any utilities present in the vacated right of way. Hearing Examiner Options 1. Find that this vacation meets the standards established by state law and recommend the vacation be granted as petitioned and/or as recommended by the County Engineer. 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: • Exhibit Al thru All- Applicant's Petition with requested amendment • Exhibit B1 thru B10- Aerials & Maps of Vacation Area &Amended Request • Exhibit C- Legal Description • Exhibit D1 thru D5 - Letters of Approval from Local Agencies i MASON COUNTY PUBLIC WORKS DEPARTMENT OF PUBLIC WORKS MUNIS VENDOR#1925 100 W PUBLIC WORKS DRIVE SHELTON,WA 98584 (360)427-9670 Receipt No: 17023 Date: 09/26/2019 Payment Type: Check#1012 Name: Neil Jones Description Amount Road Vacation#406 500.00 TOTAL $500.00 Receipted by: Braakman,Amy Exhibit A-Pg.1 MASON COUNTY PETITION FOR VACATION OF COUNTY ROAD TO: Board of Mason County Commissioners c/o:Mason County Public Works Department 100 W.Public Works Drive Shelton, WA 98584 We,the undersigned,being owners of the majority of the frontage of the below-described county road,hereby petition the Board of Mason County Commissioners for vacation of the following described county road: Road Name: ` f` "}(' Road Number: Description of road right of way to be vacated: Plat Name: �y,� ���i��q y Recording Date: Section: Township: Range: Attached herewith is a map secured from the Mason County Engineer or from the Mason County Assessor. We have shaded the right of way herein petitioned to be vacated and have also shown the ownerships along said right of way. IN SUPPORT OF SAID PETITION,PETITIONERS ALLEGE: I That the undersigned are the owners of the majority of the frontage of the county road right of way petitioned to be vacated and said right of way is located in Mason County,Washington. II That contact information,signatures and legal descriptions of the property owned by each petitioner on the right of way to be vacated arc provided below: NAME/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF PHONE PROPERTY/PARCEL# �• �b- 2 x PETITION FOR VACATION OF COUNTY ROAD Page 1 Exhibit A-Pg.2 NAIVIE/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF I pIION.E PROPERTY/PARCEL# 3 X 4 X (Additional petitioners are listed on the attachment hereto.) III That, if the plat was recorded prior to March, 12, 1904, and, if the right of way is not now in use as a public road, the following proof is provided that the road was never opened for public travel for five years following recording of the plat: l ' K '1 J-v r !(�Clr 1- -�•��U �v1� pYwnP � •C�S1 �'I���Dvt Pg IV That such county road right of way is useless as a part of the county road system and that the public would be benefited by its vacation for the following reasons: eXVIMA (A' 0(- CW' 0A � �, 5 ylr� ¢d'ac�+cad �� la tA f,0- �ucCn. � e.c��q��, �t�la� �a�� I�cic y ��ar��d���� `That this roafvacation is re �eSted for the following purpose: c- ` IAi 1oc' �t LI �7- VI That this petition is accompanied by a deposit in the Slnn of Five Hundred Dollars ($500.00), payable to Mason County Public Works,pursuant to statute, conditioned upon petitioners paying into the Mason County Road Fund the amount of all costs and expenses incurred in the examination, report, appraisal and all proceedings pertaining to this petition for the vacation of said road right of way. DATED this _day of l� 3 20 j PETITION FOR VACATION OF COUNTY ROAD Page 2 Exhibit A-Pg.3 ATTACIUKIMENT TO PETITION FOR VACATION OF COUNTY ROAD ADDITIONAL PETITIONERS NAME/ADDRESS/SIGNATURE LEGAL DESCRIPTION OF PHONE PROPERTY/PARCEL# 7 X 8 X 9 X 10 X ll X 12 X 13 X PETITION FOR VACATION OF COUNTY ROAD Page 3 Exhibit A-Pg.4 Fir Street Union, WA Petitioned Vacation Area RCW 36.87 Exhibit Map The north half of Fir Street adjoining Lots 21 through 28, Block 8, all in the plat of Grays Harbor and Union City Railroad Addition to Union City, shown on the official plat thereof on file in the office of the Auditor in Volume 2 of Plats, Page 1,records of Mason County, WA r. 3 32232520i r- "d E PART T �NSEPIN ST s: Section III notes The area on Fir Street I am petitioning to vacate has already been vacated by Operation of Law, I am petitioning the County for this vacation to clear the title of my property description up. Section IV notes Driving a standard passenger car is not practical almost to the point of being treacherous because of the condition of the surface. It is extremely muddy and slippery when wet, and I had to move several large rocks before being able to drive my Impala through it. In addition, it is secluded consequently public use creates a "back entrance"to several properties which causes a significant security concern. All adjacent properties have access via other means and this vacation will not create any land lock situations. This vacation will also create the opportunity for the County to collect more tax revenue. Section V notes 1) To increase security to the back side of my property 2) To increase the area available for constricting a house and garage(I have a 30' surface water setback on the opposite side of my property). 3) To create a larger distance from our house to the adjacent Union County Park. Exhibit A-Pg.5 Previous Vacation directly adjacent to this request Vacation File No 382 Resolution 48-12 A portion of E. Tacoma Street and Fir Street, in Sec 32, T 22N, R3W, W.M., Mason County, WA, described as follows: All that portion of E. Tacoma Street adjoining Lots 25 through 32, Block 7 and Lots 17 through 20, Block 8, and the north 30 feet of Fir Street adjoining Lots 25 through 32, Block 7 and Lots 17 through 20, Block 8, all in the plat of Grays Harbor and Union City Railroad Addition to Union City, shown on the official plat thereof on file in the office of the Auditor in Volume 2 of Plats, Page 1, records of Mason County, Washington. all 1 !i L_ }f `• �3zaeaa�a;s •,=32E2112021 7' -'E23SD17 p f Exhibit A-Pg.6 Amendment to Petition # 406 The petitioner on or around June 30, 2020 requested an amendment to his vacation petition. He asked that the south 10 feet of an un-named alley on the north side of his property be added to his vacation petition. This alley has not been opened or maintained and is actually vacated by operation of law to the best of my knowledge. An onsite meeting with the petitioner was held on August 13, 2020 with myself Phil Franklin, Mason County Right of Way Agent, Mike Collins, Mason County Engineer, Dave Smith, Mason County Construction and Engineering Manager, and Al Eaton, Mason County Asst. Road Operations and Maintenance Manager. After walking through the property and discussing the actual path of a small drainage ditch and the natural slope of the property, nobody, from the Mason County Public Works, had any objectives in vacating the south 10 feet of the un-named alley. Exhibit A-Pg.7 The email submitted amendment along with an aerial submitted from the petitioner as well as two aerials, submitted by Mason County Public Works, follow this page and show the amended area of the petition as well as the legal description of this amended request to vacate the un-named alley to the north of the subject property. Public Works recommends that this amendment be approved as this un-named alley is not necessary for the County road system and has not been used in several years. In fact, this alley is actually vacated by operation of law. The approval of this amended vacation will help clean up the title for the petitioner in his legal description. Exhibit A-Pg.8 8/31/2020 RE:Alley Vacation Amendment t Reply ® Delete Junk ••• X From: Neil Jones Sent:Monday,August 31,2020 8:05 AM To: Phil Franklin<Pdf@co.mason.wa.us> Subject: RE:Alley Vacation Amendment June 30,2020 RE: Road Vacation#406 Dear Mr. Franklin.As discussed,can you please add the following to Road Vacation 4406 In addition to the north half of Fir St.adjoining lots 21 through 28 block 8, please add the South half of unnamed alleyway lots 21 through 28 block 8 Section III The alley I am petitioning for dead ends on my eastern property line due to previous Hess Vacation file#382 Resolution 48-12(attached to original Petition).The alleyway dead ends and is impassable on the eastern end due to a fence, consequently,there is no use for the alleyway other than accessing my property via Port Townsend St. Please let me know if you need anything further.Thank you, Neil 360 898-0360(work) 360 490-0360(cell). From: Phil Franklin <Pdf@co.mason.wa.us> Sent:Thursday,August 27,2020 9:27 AM To:Neil Jones<neilj.@hoodcanal.net> Subject:Alley Vacation Amendment ('i\'fARN INIGI, T", s en`a it or _ naCe l C'_lljl!.1=' `,f HC-C I iO i.i.,DT ri c! 3-1 j It'1,CS (l! Vi =r� a"1'1 0'_I 3' lu,t Cc "._.!!l i".ci I_ f:'on S?f send 1 lha:-i, o,;' y'- Neil, I do have an email from you on June 30th that talks about adding the alley, is there any chance you can send me a slightly more formal email that request the addition of the south half of the un- named alley? You can date the request for the 30th if you want, it is up to you. I don't want it to look like it was turned in any later than the actual day you asked me about the alley. Phil Phil Franklin httpsJ/owa.co.mason.wa.us/owalprojection.aspx Exhibit A-Pg.9 a3i1/ 0220RE:Alley Vacation Amendment Reply Delete Junk x E----------------------------------------------------------------------- z — « § T = y 22 < z . . . ./ � 1/ C . [ \` . y | [ : .. . httpsJ/owa.co.mason.wa.us/owa/projecUon.aspx Exhibit A-Pg.10 2J 7/24/2020 RE:Union Vacation Addition to original request t Reply v ® Delete Junk I v ••. "I". RE: Union Vacation Addition to original request Brenen Profitt Reply t4� Wed 722,12:56 Pibl Phil Franklin; Allan Eaton Deleted Iterns Q This message has been archived by Retain on July 23 2020 14:00 You replied on 7/22/2020 2:03 PM. Label:MasonCounty(3 months)Expires:10/20/2020 12:56 PM Hey Phil, My only concern would be the drainage that goes through the new request section of property. He has installed an access there,with a catch basin and tight lined a long section of culvert. He needs to understand that he will have to maintain the culvert from the outfall of the basin and beyond. Thanks, Brenen From:Phil Franklin Sent:Wednesday,July 22,2020 7:32 AM To: Brenen Profitt<bprofitt@co.mason.wa.us> Subject: Union Vacation Addition to original request Brenen, Sorry this took a while to get to you. Attached is the map that shows the property with the original request and the new alley way he would like to add to his request. Please email me your thoughts and concerns so I can place it in his file. Thanks, Phil https.,Ilowa.co.mason.wa.us/owa/projecUon.aspx Exhibit A-Pg.11 Mason County WA GIS Page I of 1 i 1 Mason County WA CIS 20 E lH T '160 TH T v 10I E TACONI ST 50 5TH ST + Search by �arcel or Addres - E 5TH Si — E 51H - - I_ 3-1 M S 2: E,5TH ST 161E 5TH T •I E�ST �� 20 E P ORT T WNS EP®ST m b . 2000 E ALDERNEY ST 530 E P,1CRE 40EPO TTOIMSEML►S_ - .. Ltttioit. 6-1 E PORT O5ANSEPID S-T' :'- ParE 'I EALD®RPIEY ST 'ct� - 7- E PORT TO NSIEND S Ti 44 TAC OPda 8 T 7.1 E-POR "TO:'MEND T Requested Vacation Area N E GREA I SEND DR ASP_W,CE.SrT 100f: Exhibit"B-Pg.1 https:Hais.co.mason.-vva_us/mason/ 10/10/2019 Mason County WA GIS Pace 1 of 1 .`' Mason County WA CIS s AlE 671T Rmcm ai E�7 iEi Ef Iti J�H ��PixSiT �5 `STFi S e EfflFi. . ° '1�i1sE•5lFI S� !a { r *fFIF JEpig E.f' PT-T 'i,1°iTt. - . • JTE(FP,R,TTiJ JPISEN A. Zeaeg 1 cef; Exhibit B-Pg.2 https://,is.co.mason.wa.us/mason/ 10/10/2019 CI1Cl Jones Requested Vacation 9 ' r P-7 LG'"' ,:� '� »•+ .,. `•� .` ,., ; Area of Requested Vacation ��.(! _33 - `•}^'"� �,/ r:i@�. 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NI (?}�JCjY(j' �kJ rid+ l� r� j '►t�fi +.4!'r'- _ ",•c 'tr " 4 ,t yt ` G-� s M•� ®df�nt.s 1 `'"M "'� 9/2/2020 Mason County WA GIS Mason County WA GIS iNlason _ -I- s Search by Parcel or Addres 0, I I � 3 223 23 26 001 0 1 1 E P0-m tdMSEND ST 322325208013 tA ;n 13 1 m �q n E. %2232888 p - A -ended Area Requeste.,- or:_ ag ion South 10 feet'of un-named a11; - 322325208029 322325L b021fiT.TsIUfVSENDST 140E1V-PI A•S1017 71 E_PORT TOWNSEND ST lu 3223299999 I -- 1�1 co ; . 322325214001 322325214003 322325214005 322325214007 322328883838 5fiE S P IE'ST 322325214015 1 322325214003 322325214007 60ft httpsJ/gis.co.mason.wa.us/mason/ Exhibit B-Pg.9 1 1 U Winn. Gomm unity PBrtt 1 !. w1 G v: ✓�i. 'yF'... y aiPi a I 7• � � � y 4� .�'� vs"^� ram, _- <. "�°�, 'fu. v F: • Y ug y � [aft,'...� .. �, ♦ • �. $r r 1 '� � � �* •<1� � +� i♦ � ! �'+� � �� � mom,. a' a- .1 Exhibit C Legal Description for Amended Vacation Request The North half of Fir Street and the South half of an unnamed alley adjoining Lots 21 through 28, inclusive, Block 8 as shown in the "Plan of Grays Harbor and Union City Railroad Addition to Union City", Mason County, Washington, as filed in Volume 2 of Plats at Page 1. Exhibit C-Pg.1 Re: Road Vacation in Union-Phil Franldin Page 1 of 1 Re: Road Vacation in Union i i Brenen Profitt Fri 10/11/2019 6:38 AM To:Phil Franklin <Pdf@co.mason.wa.us>; I i Good Morning Phil, The only concern that I would have with this would be the seasonal waterway that flows through it. Mr.Jones was told that he needed to continue to pass the water from the existing cross culvert through the proposed vacated area. Other than that, I don't see any issues with this area being vacated. Thanks, Brenen From: Phil Franklin Sent:Thursday, October 10,2019 10:39:35 AM To: Brenen Profitt Subject: Road Vacation in Union Brenen, Can you take a look at the area of this road vacation request and let me know if you have any comments or concerns about this portion of Fir Street being vacated. Just to let you know,the property to the east,that adjoins this request,was granted a road vacation for the North half of Fir street about 3 years ago. An email response, for my Vacation File,would be best if possible. Let me know if you have any questions and I will get right back to you. If I remember correctly,you and Al met with Mr.Jones about installing his drive way and the drainage adjustment that will have to be made to use that access. Thanks so much Brenen, Phil i I i Phil Franklin Right of Way Agent Mason County Public Works 360-427-9670, Ext. 456 i Exhibit D-Pg.1 https:Howa.co.mason.wa.us/owa/ 10/16/2019 Re: Requested Road Vacation by Neil Jones Property owner at... -Phil Franklin Page 1 of 1 Re: Requested Road Vacation by Neil Jones Property owner at 73 E Port Townsend Street in Union Michael MacSems Fri 10/11/2019 8:51 AM TaPhil Franklin <Pdf@co.mason.wa.us>; caKell Rowen <KRowen@co.mason.wa.us>; What happens with to the access for the two mid-block lots on the south side of Fir St? I guess that they could still get in on the south half of the r/w. Michael From: Phil Franklin Sent:Thursday, October 10,201910:48:02 AM To:Michael MacSems Subject: Requested Road Vacation by Neil Jones Property owner at 73 E Port Townsend Street in Union Michael, Neil Jones recently purchased the property at 73 E Port Townsend Street in Union. He has requested a road vacation of the North half of Fir Street that lays South of his property. I attached images should help you see what he is requesting. He purchased this property recently as one of the County Surplus Properties. If you could please pass this around to your staff and see if they have any questions or concerns, please do, and have them email me with any questions or concerns with the vacation. I know that the name, Fir Street, does not show on the aerials but I did check the original plat, and that was the name of the street in the dedicated plat. I know it does not show on any of the aerials, but the North half of Fir Street to the East of Mr.Jones's property was vacated a few years ago as well as a portion of E Tacoma Street in the same area. Thanks so much for your input and help. Regards, Phil Phil Franklin Right of Way Agent Mason County Public Works 360-427-9670, Ext. 456 Exhibit D-Pg.2 https:#o-vva.co.mason.wa.us/o va/ 10/14/2019 Re: Requested Road Vacation by Neil Jones Property owner at... :Phil Franklin Page 1 of 2 Re: Requested Road Vacation by Neil Jones Property owner at 73 E Port Townsend Street in Union Michael MacSems Mon 10/14/2019 9:11 AM TONI Franklin <Pdf@co.mason.wa.us>; I i cc:Kell Rowen <KRowen@co.mason.wa.us>; I Thanks Phil, If you don't hear back from anyone in Planning in the next two days,figure that we are okay with this. Michael From:Phil Franklin Sent: Monday,October 14,2019 7:19:11 AM To: Michael MacSems Subject: Re: Requested Road Vacation by Neil Jones Property owner at 73 E Port Townsend Street in Union Michael, Yes they could still use the South half plus they have access from above off of Spruce Street. If you look at an aerial of the area you can see the property owners south of Fir use Spruce plus the property is always posted at least two weeks before the hearing that allows them to come in and comment on the vacation if they want to. I post the property, plus I post it at two other public locations such as the post office and, in this case,the fire station or a library, if near the area. I am required to post it in at least three place and then we also put it in the local paper for the same minimum of two weeks. I thought the same process Michael and will note it on the Engineer's Report that l turn in to the Commissioner's. Phil From: Michael MacSems Sent:Friday,October 11,2019 8:51:42 AM To: Phil Franklin Cc: Kell Rowen Subject: Re: Requested Road Vacation by Neil Jones Property owner at 73 E Port Townsend Street in Union What happens with to the access for the two mid-block lots on the south side of Fir St? I guess that they could still get in on the south half of the rJw. Michael From: Phil Franklin Sent:Thursday,October 10, 2019 10:48:02 AM Exhibit D-Pg.3 https://owa.co.mason.wa.usIowa/ 10/14/2019 Re:Requested Road Vacation by Neil Jones Property owner at... -P11il Franklin Page 2 of-2 To: Michael MacSems . Subject: Requested Road Vacation by Neil Jones Property owner at 73 E Port Townsend Street in Union Michael, Neil Jones recently purchased the property at 73 E Port Townsend Street in Union. He has requested a road vacation of the North half of Fir Street that lays South of his property. I attached images should help you see what he is requesting. He purchased this property recently as one of the County Surplus Properties. If you could please pass this around to your staff and see if they have any questions or concerns, please do, and have them email me with any questions or concerns with the vacation. I know that the name, Fir Street, does not show on the aerials but I did check the original plat, and that was the name of the street in the dedicated plat. I know it does not show on any of the aerials, but the North half of Fir Street to the East of Mr.Jones's property was vacated a few years ago as well as a portion of E Tacoma Street in the same area. Thanks so much for your input and help. Regards, Phil Phil Franklin Right of Way Agent Mason County Public Works 360-427-9670, Ext.456 Exhibit D-Pg.4 https://owa.co.mason.wa.us/owa/ 10/14/2019 Re: Requested Road Vacation in Union-Phil Franklin Page 1 of 1 Re: Requested Road Vacation in Union Terry Conley Wed 10/16/2019 6:58 AM TaPhil Franklin <Pdf@co.mason.wa.us>; Hey Phil, have no issues with this vacation. Terry From: Phil Franklin Sent:Thursday,October 10,201910:33:12 AM To:Terry Conley Subject:Requested Road Vacation in Union Terry, Could you please give me feed back on a road vacation in Union. I have attached a couple of aerials for reference. The petitioner is requesting to vacate the North half of Fir Street that adjoins his property. know the name of the street is not on the aerial, but I have checked the old recorded Plat and it is Fir Street in the old original plat map. An email for my records, on your feedback,would be appreciated. Thank you, Phil Phil Franklin Right of Way Agent Mason County Public Works 360-427-9670, Ext. 456 Exhibit D-Pg.5 https:Howa.co.mason.wa.us/owa/ 10/16/2019 RESOLUTION NO. REPLACING RESOLUTION NO. 2020-62 VACATION FILE NO.406 NOTICE OF INTENT TO VACATE SETTING TIME AND PLACE FOR HEARING ON SAID VACATION RCW 36.87 IN THE MATTER OF THE VACATION OF AN UNUSED PORTION OF THE NORTH HALF OF FIR STREET AND SOUTH HALF OF AN UNNAMED ALLEY WHEREAS, NOTICE IS HEREBY GIVEN that the Mason County Public Works Department is requesting the vacation of the following right of way: An unused portion of north half of Fir Street and the south half of an unnamed alley adjacent to Block 8 Lots 21 through 28 in the Plan of Grays Harbor and Union City Railroad Addition to Union City. The vacation area is approximately 200x30 feet, on the Fir Street side, and 10x200 feet on the unnamed alley side, in size and abuts the petitioner's property. The vacation would add useable space to their lot and shut off unwanted access to the back of their property. WHEREAS, the petitioner has requested an amendment to the original vacation area, that requires an update to the previous notice. WHEREAS,the Board of Mason County Commissioners set a public hearing for October 14, , 2020, with the Hearings Examiner, Resolution 2020-62, that will remain as scheduled and directed Public Works to prepare notice thereof for posting and publication. NOW THEREFORE, BE IT RESOLVED, that this resolution replaces resolution 2020- 62 and the said hearing has been set for Wednesday, October 14, 2020 1:00 p.m. in the Commission Chambers, Mason County Courthouse Building I, 411 North Fifth Street, Shelton, Washington, at which time and place any taxpayer may appear to hear the County Engineer's report, and be heard either for or against the vacation of a portion of the above said street located in Mason County Washington. Hearing may be available via Zoom,visit the Mason County Hearings Examiner Agenda webpage at www.co.mason.wa.us/hearings-examiner or contact Mariah Frazier at mfrazierCabco.mason.wa.us or call (360)427-9670 Ext 365. DATED this day of 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin,Vice Chair Tim Whitehead, Ch. DPA Assessor Auditor Kevin Shutty, Commissioner County Engineer Petitioner Post no later than (20 days prior to hearing at each terminus of the county road or portion thereof proposed to be vacated or abandoned.) Vacation File No. 406 JOURNAL-Publish 2t: — (Bill Public Works) MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, P.E, PLS, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: September 22, 2020 Agenda Item #8,� BRIEFING DATE: September 14, 2020 BRIEFING PRESENTED BY: Dave Smith and Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: On-Call Consultant Services BACKGROUND: For the past several years, the Board has authorized Public Works to use the County MRSC Consultant Roster to select and enter into multiple two-year agreements for on-call services, as needed. We anticipate Structural, Geotechnical, Hydraulic, and Engineering and Construction services to be required during the 2021-2022 calendar years for various locations across the county for county road projects and other Public Works activities; including emergencies. At this time, Public Works would like authorization to use the County MRSC Consultant Roster to select and enter into.agreements for these services. Recommended Action: Recommend the Board authorize the County Engineer to procure and execute the agreements for Structural, Geotechnical, Hydraulic, and Engineering and Construction services, as needed for 2021-2022 calendar years from the County MRSC Consultant Roster. The maximum pay-out for each service agreement is not to exceed $200,000. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Mike Collins, P.E, PLS, Deputy Director/County Engineer Action Agenda DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: September 22, 2020 Agenda Item #8.�o BRIEFING DATE: September 14, 2020 BRIEFING PRESENTED BY: Dave Smith and Loretta Swanson [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Fire protection and emergency medical services — Public Works Facility property BACKGROUND: On April 15, 2016, Mason County Commissioners authorized Public Works to sign a contract between Mason County and Mason County Fire District 11 for fire protection and emergency medical services to the County's Public Works property/buildings off Hwy 101; which include inspections and fire suppression services. The current agreement expired at the end of 2019. Public Works requests Board approval of a new fire protection agreement with a one-year term, January 1, 2020 through December 31, 2020, with the same cancellation process (30-day written notice from either party) and service fee as the previous agreement. RECOMMENDED ACTION: Recommend the Board of County Commissioners approve the contract between Mason County and Mason County Fire District 11 for fire protection, emergency medical, inspections and fire suppression services to the County's Public Works property/buildings located at 100 W. Public Works Drive. ATTACHMENT: 1. Agreement Briefmg Summary 9/15/2020 MASON COUNTY PUBLIC WORKS/UTILIEIS AND WASTE MANAGEMENT DEPARTMENT FIRE PROTECTION AGREEMENT This Agreement is entered into between Mason County,Washington, (the County) and Mason County Fire Protection District No. 11, hereafter referred to as"District"for services to the Mason County Public Works Department, hereafter referred to as"Public Works". WHEREAS,the District is organized and equipped to provide fire protection and emergency medical services within and in the vicinity of its boundaries,and Public Works and the County desires that the District provide such services to its property located within those boundaries, NOW THEREFORE; 1. The District shall provide fire suppression expertise, inspection,fire protection and emergency medical services to property owned by Public Works,through the County, lying within the boundaries of the District. 2. In consideration for receiving fire protection and emergency medical services, Public Works, through the County,shall pay the District the amount of$6,400.00 for the period beginning January 1, 2020.The District will bill Public Works,through the County,the amount due under this agreement. 3. This agreement shall be effective January 1, 2020 and end December 31, 2020. Either the District or Public Works,through the County, may cancel this contract upon giving 30 day's written notice of intent to cancel. 4. This agreement is made pursuant to RCW 39.34.080. Public Works and the District shall each perform all services and carry out all responsibilities under the terms of this agreement as independent agencies and neither shall by virtue of this agreement be considered an agent or an agency of the other. 5. The District and Public Works shall indemnify and hold each other harmless from any loss, and from any causes of action,suite at law or equity or claims or damages or for any liability of any nature due to the actions of the other arising from the operation of this contract. 6. It is mutually understood and agreed that no alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties. Mason County Fire Protection District No. 11 Mason County,Washington Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Fire Chief Date Public Works Director Date Approve as to Form Tim Whitehead,Ch. DPA MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter/Diane Zoren Action Agenda Public Hearing X Other DEPARTMENT: Support Services EXT: _530 COMMISSION MEETING DATE: September 22, Agenda Item #10.1 2020 (Commissioner staff to complete) BRIEFING DATE: August 24, 2020 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: Hearing to sell Parcel No. 32021-59-03008, 410 E Hillcrest Drive, Shelton in the amount of$7,500. BACKGROUND: This parcel is considered tax title and was deeded to Mason County in 2013. An attempt to sell was made at the 2019 Tax Title auction with no interested bidders. Per RCW 36.35.150(1)(d.) this parcel can be sold by direct negotiation within twelve months of the attempted auction. The offer was for $7,500 from Craig Larsen and Christine Poole. 2020 Market Value according to Assessor's Record: $6,400 Current offer: $7,500 Contingencies: 22D (Optional Clauses), 22T (Title Contingency), 34 (Addendum), 35F (Feasibility), 35E (Escalation) Other Amounts Due: As of July 3, 2019, the back taxes owed are $1,687.82 RECOMMENDED ACTION: Approval to consider the sale of Parcel No. 32021-59- 03008 410 E Hillcrest Drive, Shelton for $7,500 to Craig Larsen and Christine Poole. ATTACHMENT(S): Purchase and Sale Agreement Taxsifter Information IAProperty Mng\Property Offers&Negotiations\32021-59-03008-Hillcrest Drive\Agenda Summary Form for Hearing to Sell Property Sep 22 2020—Larsen and Poole Offer RESOLUTION NO. APPROVAL OF SALE OF SURPLUS PROPERTY WHEREAS, Mason County owns the tax title parcel #32021-59-03008, located at 410 E Hillcrest Drive, Shelton, WA; and WHEREAS, an auction was held in November 2019 in an attempt to sell the above listed parcel per RCW 36.35.120 with no bids; and WHEREAS, per RCW 36.35.150(1)(d.) Tax Title Parcels can be sold by direct negotiation for twelve months after an attempted auction; and WHEREAS, the Board of County Commissioners, upon the recommendation of the Property Manager, has determined that the property is surplus to the needs of the County; and WHEREAS, Mason County has received an offer to purchase the property in the amount of$7,500 from Craig Larsen and Christine Poole and a public hearing was held on September 22, 2020 to consider the offer; NOW, THEREFORE, BE IT FURTHER RESOLVED by the Mason County Board of County Commissioners that sale of the property described above (parcel#32021-59-03008) is approved at the price of$7,500; and BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to reimbursement of the Property Management expenses; and finally, to the Current Expense Fund; and BE IT FURTHER RESOLVED, that the Vice-Chair is authorized to sign the related closing documents and the Property Manager initiate payment of 8% fee of sale price to the County's real estate agent. DATED this 22"d day of September, 2020. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin, Vice-Chair Tim Whitehea PA Kevin Shutty, Commissioner RESOLUTION NO. APPROVAL OF SALE OF SURPLUS PROPERTY WHEREAS, Mason County owns the tax title parcel #32021-59-03008, located at 410 E Hillcrest Drive, Shelton, WA; and WHEREAS, an auction was held in November 2019 in an attempt to sell the above listed parcel per RCW 36.35.120 with no bids; and WHEREAS, per RCW 36.35.150(1)(d.) Tax Title Parcels can be sold by direct negotiation for twelve months after an attempted auction; and WHEREAS, the Board of County Commissioners, upon the recommendation of the Property Manager, has determined that the property is surplus to the needs of the County; and WHEREAS, Mason County has received an offer to purchase the property in the amount of$7,500 from Craig Larsen and Christine Poole and a public hearing was held on September 22, 2020 to consider the offer; NOW, THEREFORE, BE IT FURTHER RESOLVED by the Mason County Board of County Commissioners that sale of the property described above (parcel#32021-59-03008) is approved at the price of$7,500; and BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to reimbursement of the Property Management expenses; and finally, to the Current Expense Fund; and BE IT FURTHER RESOLVED, that the Vice-Chair is authorized to sign the related closing documents and the Property Manager initiate payment of 8%fee of sale price to the County's real estate agent. DATED this 22"d day of September, 2020. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY, WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin, Vice-Chair Tim Whitehead, Chief DPA Kevin Shutty, Commissioner Authentisign ID:8772546A•5D2D-44B6-62B7•FB96E872A6AC Form 34 ©Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev.7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated August 06,2020 1 between Craig Edwin Larsen Christing Marie Poole ("Buyer")2 Buyer Buyer and Mason County ("Seller')3 Seller Seller concerning 410 E Hillerest Drive Shelton WA 98584 (the"Property").4 Address City Stale Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 Buyer Names are:Craig Edwin Larsen and Christine Marie Poole 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 G✓ 08/17/2020 I-F-And 08/17/2020 Buyer's Initials Date Buyers Initials Date Sellers Initials Date Seller's Initials Date 410 E Hillcrest Dr, Shelton, WA 98584 Listing MLS# 16044N8 Status:Active (O5/28/2020) Listing Price: $7,500 Community: Shorecrest Area: 176-Agate CDOM: 20 Original LP: $7,500 School District: Pioneer#402 Lot Size: .170 ac/7,405 sf Potential Terms: Cash Out,Conventional Marketing Remarks �`. This sloped lot,located in Shorecrest,offers protective CC&Ws, community swimming pool,saltwater access and clubhouse. This property is covered with trees and brush. Agent Remarks Possibly acquired through tax foreclosure.May be subject to r redemption.Title insurance may not be available and title maybe . transferred with a bargain and sale deed.Buyer shall pay for title insurance.Please add attached addendum to P&S. r Offers: Seller intends to review offers upon receipt Directions: Hwy 3,Right on Agate,Right on Crestview,Left on Hillcrest Dr to address on right Agent/Office Information Agent: Richard Beckman (55681) Agent Phone: (360)790-1921 Office: Richard Beckman Rity Group LLC Office Phone: (360)426-5521 Firm Document Email: mail@RichardBeckman.com Office Fax: (360)426-1645 Commission: 4 Commission Comments: Owner Information Owner Name: Mason County Owner Phone: (360)427-9670 Owner Name 2: Owner City: Shelton,WA General Information Property Type:Vacant Land County: Mason TaxID: 320215903008 Lot Number: 8 Block: 3 Ust Date: 05/28/2020 Expir Date: 12/31/2020 Lot Size: .170 ac/7,405 sf Lot Size Source: Realist Price/Lot SgFt: $1.01 Monthly Dues: School District: Pioneer#402 Elementary: Pioneer Primary Sch Junior High: Pioneer Intermed/Mid Senior High: Shelton High Listing Information Style Code:40-Res-Less thn i Ac Zoning Jurisdiction: County General Zoning Classification: Residential Zoning Code: RRS Sketch Submitted: No Possession: Closing Senior Exemption: No Potential Terns: Cash Out,Conventional Restrictions: CC&R Additional Property Information Annual Taxes: Tax Year: 2020 Preliminary Title Ordered: Yes Form 17: Not Provided Prohibit Blogging: Yes Bank/RE Owned: No Auction: No Right of First Refusal: No FIRPTA: Common Interest Cmty: No Plat/Subdivision/Building Name: Shorecrest Lot Dim: 60x125 Quarter(Sec/Twn/Rng): 21203 Map Book: Unknown Map Page/Coord: , 3rd Party Approval Required: None Site Information Road Information: County Maintained,County Right of Way,Paved Property Features: Brush,Evergreens Lot Details: Paved Street Improvements: Topography: Sloped Road Side: East Community Features: CCRs,Clubhouse,Community Waterfront/Pvt Beach Utility Information Sewer: Not Available Gas: Not Available Electricity: In Street Septic System Installed: No Septic Approved Num of Bedrooms: Soil Feasibility Test Available: No Soil Test Date: Septic Design Applied For: No Septic Design Approval Date: Water Jurisdiction: Shorecrest Water: In Street Selling Information Irdcrrrebm Deared Reliable But Carrot Be Gua-&eed Lat Size aid Square Footage Are Esd,. .C(17/20P0121211 PM. NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday;September--22, 20-20_at.9.:1.5'a.m. SAID HEARING will be to consider the sale of real property located at 410 E Hillcrest Drive, Shelton, parcel 32021-59-03008 for the price of$7,500 to Craig Larsen and Christine Poole. If there are questions or comments about the sale of the above property, please contact Frank Pinter at fpinter(c�co.mason.wa.us If special accommodations are needed, contact the Commissioners' office, 427-9670, Ext. 419. DATED this 25th day of August 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON C Q nnz�0 FmN Clerk of the B d; fnmcv z\e 5wnvk -) c: Journal-Publ 2t: 9/3&9/10 (Bill: Property Mng-411 North 5t'Street,Shelton,WA 98584) McKenzie Smith From: Shelton-Mason County Journal <jlegals@masoncounty.com> Sent: Wednesday,August 26,2020 9:16 AM To: McKenzie Smith Cc: Diane Zoren; Ginger Kenyon Subject: Re: NoH -Sale of Property at 410 E Hillcrest Dr 8.25.2020 The legal number is 2679 and the total is$168. It reads: PUBLIC NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I,Commission Chambers,411 North Fifth Street,Shelton, WA 98584 on Tuesday,September 22,2020 at 9:15 a.m.SAID HEARING will be to consider the sale of real property located at 410 E Hillcrest Drive,Shelton, parcel 32021-59-03008 for the price of$7,500 to Craig Larsen and Christine Poole. If there are questions or comments about the sale of the above property, please contact Frank Pinter at fpinter@co.mason.wa.us If special accommodations are needed, contact the Commissioners' office,427-9670, Ext.419. DATED this 25th day of August 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Clerk of the Board c:Journal-Publ 2t: 9/3 &9/10 (Bill: Property Mng-411 North 5th Street,Shelton,WA 98584) 2679 September 3, 10 2t Your legal number is your confirmation that we have received your public notice information.The total due for the run dates)scheduled is also noted. Above may appear a proof of your notice. If we do not hear from you by the deadline,we will assume it is correct. Deadline for public notices is each Monday by 5pm (or previous Friday when there is a holiday the following week). Publication is each Thursday. Payment prior to publication may be required. Credit card transactions in excess of$500 may be subject to a 3%convenience/processing fee. One (1) signed, notarized affidavit will be mailed to the purchaser within 5 business days of the final day of publication; additional or replacement copies are charged $30 each. Please note:each public notice ("legal") is processed in the order received. Identical public notices that are re-sent are subject to being run and billed an additional time; please do not re-attach your original public notice in any future correspondence relating to it except upon our request. For quality control, limit to 1 (one) public notice, in Word format per email. If sent in more than one attachment, please confirm with clear instructions. Thank you, Legals Department Shelton-Mason County Journal PO Box 430,Shelton,WA 98584 360-426-4412 1 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter/Diane Zoren Action Agenda _x_ Public Hearing Other DEPARTMENT: Support Services EXT: COMMISSION MEETING DATE: September 22, Agenda Item # 10 .1- 2020 (Commissioner staff to complete) BRIEFING DATE August 24, 2020 BRIEFING PRESENTED BY: Frank Pinter [] ITEM WAS NOT-PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: 1 ITEM: Hearing to sell Parcel No. 32021-56-02030, 580 E Wood Lane, Shelton in the amount of$5,500. BACKGROUND: This parcel is considered tax title and was deeded to Mason County. An attempt to sell was made at the 2019 Tax Title auction with no interested bidders. Per RCW 36.35.150(1)(d.) this parcel can be sold by direct negotiation within twelve months of the attempted auction. The offer was for $5,500 from Janness and Charles Morgan. 2020 Assessed Value: $6,400 Current offer: $5,500 Contingencies: 22D (Optional Clauses), 22EF (Funds Evidence), 22K (Utilities), 22T (Title Contingency) Other Amounts Due: Shorecrest Water Dues $1,200 RECOMMENDED ACTION: Approval to consider the sale of parcel 32021-56-02030 located at 580 E Wood Lane, Shelton for $5,500 to Janness &Charles Morgan. ATTACHMENTS: Purchase and Sale Agreement Taxsifter Information LAProperty Mng\Property Offers&Negotiations\32021-56-02030 580 E Wood Lane\Agenda Summary Form for Hearing to Sell Property Sep 22 2020—Morgan Offer RESOLUTION NO. APPROVAL OF SALE OF SURPLUS PROPERTY WHEREAS, Mason County owns the tax title parcel #32021-56702030, located at 580 E Wood Lane, Shelton, WA; and WHEREAS, an auction was held in November 2019 in an attempt to sell the above listed parcel per RCW 36.35.120 with no bids; and WHEREAS, per RCW 36.35.150(1)(d.) Tax Title Parcels can be sold by direct negotiation for twelve months after an attempted auction; and WHEREAS, the Board of County Commissioners, upon the recommendation of the Property Manager, has determined that the property is surplus to the needs of the County; and WHEREAS, Mason County has received an offer to purchase the property in the amount of$5,500 from Janness and Charles Morgan and a public hearing was held on September 22, 2020 to consider the offer; NOW, THEREFORE, BE IT FURTHER RESOLVED by the Mason County Board of County Commissioners that sale of the property described above (parcel#32021-56-02030) is approved at the price of$5,500; and BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to reimbursement of the Property Management expenses; and finally, to the Current Expense Fund; and BE IT FURTHER RESOLVED, that the Vice-Chair is authorized to sign the related closing documents and the Property Manager initiate payment of 8% fee of sale price to the County's real estate agent. DATED this 22"d day of September, 2020. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin, Vice-Chair Tim W itehea , PA Kevin Shutty, Commissioner RESOLUTION NO. APPROVAL OF SALE OF SURPLUS PROPERTY WHEREAS, Mason County owns the tax title parcel #32021-56-02030, located at 580 E Wood Lane, Shelton, WA; and WHEREAS, an auction was held in November 2019 in an attempt to sell the above listed parcel per RCW 36.35.120 with no bids; and WHEREAS, per RCW 36.35.150(1)(d.) Tax Title Parcels can be sold by direct negotiation for twelve months after an attempted auction; and WHEREAS, the Board of County Commissioners, upon the recommendation of the Property Manager, has determined that the property is surplus to the needs of the County; and WHEREAS, Mason County has received an offer to purchase the property in the amount of$5,500 from Janness and Charles Morgan and a public hearing was held on September 22, 2020 to consider the offer; NOW, THEREFORE, BE IT FURTHER RESOLVED by the Mason County Board of County Commissioners that sale of the property described above (parcel#32021-56-02030) is approved at the price of$5,500; and BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next to reimbursement of the Property Management expenses; and finally, to the Current Expense Fund; and BE IT FURTHER RESOLVED, that the Vice-Chair is authorized to sign the related closing documents and the Property Manager initiate payment of 8% fee of sale price to the County's real estate agent. DATED this 22"d day of September, 2020. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin, Vice-Chair Tim Whitehead, Chief DPA Kevin Shutty, Commissioner Vacant Land 360 Property View 580 E Wood Lane, Shelton, WA 98584 I-- I Ching MLS# _6D4498 Status: Active (05/28/2020) Listing Price: $8,500 Community: Shorecrest Area: 176-Agate CDOM: 67 Original LP:$8,500 School District: Pioneer#402 Lot Size: .200 ac/8,712 sf Potential Terms: Cash Out,Conventional Marketing Remarks This lot,located in Shorecrest,offers protective CC&Ws, community swimming pool,saltwater access and clubhouse. a• This property is covered with trees and brush. Agent Remarks _ .................-_..._.... Possibly acquired through tax foreclosure.May be subject to redemption.Title insurance may not be available and title maybe transferred with a bargain and sale deed.Buyer shall pay for title insurance.Please add attached addendum to P&S. Offers: Seller intends to review offers upon receipt Directions: Hwy 3,Right on Agate,right on Crestview,left on Parkway Blvd,right an Wood Land to address on right Agent/Office Information Agent: Richard Beckman(55681) Agent Phone: (360)790-1921 Office: Richard Beckman Rlty Group LLC Office Phone: (360)426-5521 Finn Document Email: mail@RichardBeckman.com Office Fax: (360)426-1645 Commission: 4 Commission Comments: Owner Information Owner Name: Mason County Owner Phone: (360)427-9670 Owner Name 2: Owner City: Shelton,WA General Information Property Type:Vacant Land County: Mason TaxID: 320215602030 Lot Number: 30 Block: 2 List Date: OS/28/2020 Expir Date: 12/31/2020 Lot Size: .200 ac/8,712 sf Lot Size Source: Realist Price/Lot SgFt: $.98 Monthly Dues: School District: Pioneer#402 Elementary: Pioneer Primary Sch Junior High: Pioneer Intermed/Mid Senior High: Shelton High Listing Information Style Code: 40-Res-Less thn 1 Ac Zoning Jurisdiction: County General Zoning Classification: Residential Zoning Code: RRS Sketch Submitted: No Possession: Closing Senior Exemption: No Potential Terms: Cash Out,Conventional Restrictions: CC&R Additional Property Information Annual Taxes: Tax Year: 2020 Preliminary Ttle Ordered:Yes Form 17: Not Provided Prohibit Blogging: Yes Bank/RE Owned: No Auction: No Right of First Refusal: No FIRPTA: Common Interest Cmty: No Plat/Subdivision/Building Name: Shorecrest Lot Dim: 70x125 Quarter(Sec/Twn/Rng): 21203 Map Book: Unknown Map Page/Coord:, 3rd Party Approval Required: None Site Information Road Information: County Maintained,County Right of Way,Paved Property Features: Brush,Evergreens Lot Details: Paved Street Improvements: Topography: Level Road Side: North Community Features: CCRs,Clubhouse,Community Waterfront/Pvt Beach Utility Information Sewer: Not Available Gas: Not Available Electricity:In Street Septic System Installed: No Septic Approved Num of Bedrooms: Soil Feasibility Test Available: No Soil Test Date: Septic Design Applied For: No Septic Design Approval Date: Water Jurisdiction: Shorecrest Water: In Street Selling Information :v InfcrRmHaiDearedRdiadeBACarrdBeCUaanteed.Lot Sze ard Square Fcotage Are Estmates.M'2Q207.51:42AM. rF,.� Authentisign ID:498DFEA3-7DD0-4E71.80B8-D6398985DFBE Form 25 ©Copyright 2019 Vacant Land Purchase 8 Sale .,._._....._ _ Northwest Multiple Listing Service Rev.7119 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: August 01,2020 MLS No.:1604498 Offer Expiration Date: 8/12/2020 2. Buyer: Janness c Morgan Charles J Morgan Buyer Buyer Status 3. Seller: Mason County Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 320215602030 580 E Wood Lane Shelton Mason WA 98584 Address City County State ZJp 5. Purchase Price:$5,500.00 Five Thousand Five Hundred Dollars 6. Earnest Money:$ 1,000.00 R] Check; ❑ Note; ❑ Other (held by❑Selling Firm; RI Closing Agent) 7. Default: (check only one)0 Forfeiture of Earnest Money; ❑Seller's Election of Remedies 8. Title Insurance Company: mason county title 9. Closing Agent: mason county title and escrow karen hurley Company Individual(optional) 10. Closing Date: 8/21/2020 Possession Date: W on Closing; ❑ Other 11. Services of Closing Agent for Payment of Utilities: 0 Requested (attach NWMLS Form 221<�; ❑Waived 12. Charges/Assessments Levied Before but Due After Closing:❑assumed by Buyer, W prepaid in full by Seller at Closing 13. Seller Citizenship(FIRPTA): Seller❑ is; 0 is not a foreign person for purposes of U.S.income taxation 14. Subdivision:The Property: ❑must be subdivided before : 0 is not required to be subdivided 15. Feasibility Contingency Expiration Date: Vl 0 days after mutual acceptance; ❑ Other 16. Agency Disclosure: Selling Broker represents: 0 Buyer; ❑Seller; ❑both parties; ❑ neither party Listing Broker represents: Rl Seller, ❑both parties 17. Addenda: 22D(Optional Clauses) 22EF(Funds Evidence) 22K(Utilities) 22T(Title Contingency) yexhibit a C7 e�,�„��"e. 08/02/2020 ' C6 08/02/2020 Date Seller's Signature Date e„y@ WW.a.M PDT Date Seller's Signature Date 304 S Hortensen st Buyer's Address Seller's Address ukiah ca 95482 City,State,Zip City,State,Zip (360)427-9670 Phone No. Fax No. Phone No. Fax No. fishboy@pacific.net Buyer's E-mail Address Seller's E-mail Address Richard Beckman Rlty Group LLC 4537 Richard Beckman Rlty Group LLC 4537 Selling Firm MLS Office No. Listing Firm MLS Office No. Stephanie Rosolek 118142 Richard Beckman 55681 Selling Broker(Print) MLS LAG No. Listing Broker(Print) MLS LAG No. (360)426-5521 (360)490-5508 (360)426-1645 (360)426-5521 (360)790-1921 (360)426-1645 Firm Phone No. Broker Phone No. Firm Fax No. Firm Phone No. Broker Phone No. Firm Fax No. mail@RcchardBeckman.com mail@RichardBeckman.com Selling Finn Document E-mail Address Listing Firm Document E-mail Address stephanie@richardbeckman.com rchard@richardbeckman.com Selling Broker's E-mail Address Listing Broker's E-mail Address 133476 9628 98421 9628 Selling Broker DOL License No. Selling Firm DOL License No. Listing Broker DOL License No. Listing Firm DOL License No. Authentisign ID:4980FEA3-7DD0.4E71-80BB-D6398985DFBE Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. The parties 4 shall use caution when wiring funds to avoid potential wire fraud. Before wiring funds, the party wiring funds shall take 5 steps to confirm any wire instructions via an independently verified phone number and other appropriate measures. 6 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to 7 Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by 8 Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, 9 whichever occurs later. If the Earnest Money is held by Selling Firm and is over$10,000.00 it shall be deposited into an 10 interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, 11 after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges 12 and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over$10,000.00 Buyer 13 has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the 14 interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS 15 Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is$10,000.00 or less,the Earnest 16 Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing 17 Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the 18 Selling Firm or Closing Agent may deduct and pay them therefrom.The parties instruct Closing Agent to provide written 19 verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the 20 addresses and/or fax numbers provided herein. 21 Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest 22 Money to the other party or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent. 23 If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Eamest 24 Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If 25 the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the 26 Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent 27 timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an 28 interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent 29 consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader 30 action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and 31 complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the 32 address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be 33 deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest 34 Money. If either party fails to authorize the release of the Eamest Money to the other party when required to do so 35 under this Agreement, that party shall be in breach of this Agreement. For the purposes of this section,the term Closing 36 Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader 37 action to deduct up to$500.00 for the costs thereof. 38 c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. 39 The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, 40 presently of record and general to the area; easements and encroachments, not materially affecting the value of or 41 unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Seller shall not 42 convey or reserve any oil and/or mineral rights after mutual acceptance without Buyer's written consent. Monetary 43 encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing.Title shall be 44 conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate 45 Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after 46 acquired title. If the Property has been short platted, the Short Plat number is in the Legal Description. 47 d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Sellers expense, to apply for the then-current 48 ALTA form of standard form owners policy of title insurance from the Title Insurance Company. If Seller previously 49 received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any 50 cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall 51 pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of 52 the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the 53 title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard 54 form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable 55 prior to the Closing Date, then as Buyers sole and exclusive remedy, the Eamest Money shall, unless Buyer elects to 56 waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and 57 this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a 58 consequence of Sellers inability to provide insurable title. 59 1�1 A. 08/02/2020 08/02/2020 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:498DFEA3-7DDO-4E71-BOBS-D6398985DFBE Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the 60 date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a 61 Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the 62 Closing Agent shall close the transaction on the next day that is not a Saturday, Sunday, legal holiday, or day when the 63 county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 64 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is provided possession. 65 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 66 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 67 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 68 obtaining Buyer's consent,which shall not be unreasonably withheld. 69 f. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 70 like-kind exchange, then the other party shall cooperate in the completion of the like-kind exchange so long as the 71 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 72 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 73 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 74 Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 75 purposes of completing a reverse exchange. 76 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 77 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 78 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 79 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 80 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 81 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 82 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 83 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 84 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 85 unpaid utility charges in accordance with-RCW 60.80 and Seller shall provide the names and addresses of all utilities 86 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 87 equivalent). 88 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 89 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that .90 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 91 as agreed in Specific Term No.12. 92 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 93 terms)to the Multiple Listing Service that published it and to its members,financing institutions, appraisers, and anyone 94 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 95 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 96 and copies of documents concerning this sale. 97 i. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 98 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 99 under the Foreign Investment In Real Property Tax Act("FIRPTA") at Closing and provide the certification to the Closing 100 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 101 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 102 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 103 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 104 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 105 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 106 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 107 17C, Information on Lead-Based Paint and Lead-Based Paint Hazards, Public Offering Statement or Resale Certificate, 108 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 109 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 110 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or III document(or a direct link to such notice or document)shall constitute delivery when: (i)the e-mail is sent to both Selling 112 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 113 Agreement; or(ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 114 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 115 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 116 Cr 08/02/2020 A 08/02/2020 Buyers Initials Date Buyers Initials Date Sellers Initials Date Sellers Initials Date Authentisign ID:498DFEA3.7DDO-4E71-80BB-D6398985DFBE Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 117 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 118 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 119 or legal holiday as defined in RCW 1.16.050, the specified period of time shall expire on the next day that is not a 120 Saturday, Sunday or legal holiday. Any specified period of 5 days or less, except for any time period relating to the 121 Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 122 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 123 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 124 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 125 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror,then 126 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 127 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 128 this Agreement. 129 I. Integration and Electronic Signatures.This Agreement constitutes the entire understanding between the parties and 130 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 131 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 132 electronic form has the same legal effect and validity as a handwritten signature. 133 m. Assignment. Buyer may not assign this Agreement, or Buyers rights hereunder, without Sellers prior written consent, 134 unless the parties indicate that assignment is permitted by the addition of"and/or assigns" on the line identifying the 135 Buyer on the first page of this Agreement. 136 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 137 provision, as identified in Specific Term No.7,shall apply: 138 i. Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 139 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 140 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 141 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 142 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 143 any other rights or remedies available at law or equity. 144 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 145 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 146 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement, or if the party 147 holding the Earnest Money commences an interpleader action, the prevailing party is entitled to reasonable attorneys' 148 fees and expenses. 149 p. Offer. This offer must be accepted by 9:00 p.m. on the Offer Expiration Date, unless sooner withdrawn. Acceptance 150 shall not be effective until a signed copy is received by the other party, by the other party's broker, or at the licensed 151 office of the other party's broker pursuant to General Term j. If this offer is not so accepted, it shall lapse and any 152 Earnest Money shall be refunded to Buyer. 153 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 154 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 155 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 156 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 157 party, the other party's broker, or at the licensed office of the other party's broker pursuant to General Term j. If the 158 counteroffer is not so accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 159 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 160 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the parry making the offer/counteroffer, 161 unless sooner withdrawn. 162 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 163 Jelling Broker's Managing Broker(if any) represent the same party that Selling Broker represents. Listing Firm, Listing 164 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 165 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 166 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 167 (if any), and Managing Broker(if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 168 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 169 Designated Broker, Branch Manager(if any), and Managing Broker(if any) representing both parties as dual agents.All 170 parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 171 r A C� 08/02/2020 08/02l2020 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date • Authentisign ID:4980FEA3-7DDO-4E71-80BB-D6398985DFBE Form 25 ©Copyright 2019 Vacant Land Purchase&Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev.7/19 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued It. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 172 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 173 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 174 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 175 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 176 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph,the prevailing party is entitled to 177 court costs and reasonable attorneys'fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 178 under this Agreement. 179 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 180 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 181 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 182 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 183 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 184 applicable to or being considered for the Property;any special building requirements, including setbacks, height limits or 185 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 186 wetlands, shorelands or other environmentally sensitive area; road, school,fire and any other growth mitigation or impact 187 fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building permit; 188 sufficient water,sewer and utility and any service connection charges; and all other charges that must be paid. Buyer and 189 Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time during and 190 after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may need to 191 ascertain the condition and suitability of the Property for Buyers intended purpose. Buyer shall restore the Property and 192 all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be responsible for 193 all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does not give notice 194 to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 15, it shall be 195 conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If Buyer gives 196 notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid costs. 197 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyers 198 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 199 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 200 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 201 date specified in Specific Term No. 14. If the final plat is not recorded by such date,this Agreement shall terminate and 202 the Earnest Money shall be refunded to Buyer. 203 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 204 from Seller or Listing Firm related to the Property.This contingency shall be deemed satisfied unless Buyer gives notice 205 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 206 this section,then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 207 x. Property Condition Disclaimer. Buyer and Seller agree,that except as provided in this Agreement, all representations 208 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 209 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 210 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 211 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 212 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 213 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 214 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 215 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 216 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 217 inspect the Property to Buyers satisfaction and to retain inspectors qualified to identify the presence of defective 218 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 219 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 220 advised to investigate the cost of insurance for the Property, including, but not limited to homeowners, flood, 221 earthquake, landslide, and other available coverage. Buyer acknowledges that local ordinances may restrict short term 222 rentals of the Property. Brokers may assist the parties with locating and selecting third party service providers, such as 223 inspectors or contractors, but Brokers cannot guarantee or be responsible for the services provided by those third 224 parties.The parties shall exercise their own judgment and due diligence regarding third-party service providers. 225 11111a 08/02/2020 [A 08/02/2020 Buyers Initials Date Buyer's Initials Date Seller's Initials Date Sellers Initials Date Authentisign ID:498DFEA3-7DD6-4E71.86BB-06398985DFBE Form 22D ©Copyright 2019 Optional Clauses Addendum a Northwest Multiple Listing Service Rev. OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED I of Page of 2 PURCHASE &SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated August 01,2020 1 between Janness a Morgan Charles J Morgan ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 580 E Wood Lane Shelton WA 98584 (the"Property"). 4 Address City State Zip CHECK IF INCLUDED: 5 1. 0 Square Footage/Lot Size/Encroachments. The Listing Broker and Selling Broker make no representations 6 concerning: (a)the lot size or the accuracy of any information provided by the Seller; (b)the square footage of 7 any improvements on the Property; (c)whether there are any encroachments (fences, rockeries, buildings) on 8 the Property, or by the Property on adjacent properties. Buyer is advised to verify lot size, square footage and 9 encroachments to Buyer's own satisfaction. 10 2. Title Insurance.The Title Insurance clause in the Agreement provides Seller is to provide the then-current ALTA 11 form of Homeowner's Policy of Title Insurance. The parties have the option to provide less coverage by selecting 12 a Standard Owner's Policy or more coverage by selecting an Extended Coverage Policy: 13 ❑ Standard Owner's Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to 14 apply for the then-current ALTA form of Owner's Policy of Title Insurance, together with homeowner's 15 additional protection and inflation protection endorsements, if available at no additional cost, rather than 16 the Homeowner's Policy of Title Insurance. 17 ❑ Extended Coverage. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense to apply for 18 an ALTA or comparable Extended Coverage Policy of Title Insurance, rather than the Homeowner's 19 Policy of Title Insurance. Buyer shall pay the increased costs associated with the Extended Coverage 20 Policy, including the excess premium over that charged for Homeowner's Policy of Title Insurance and 21 the cost of any survey required by the title insurer. 22 3. ❑ Seller Cleaning. Seller shall clean the interiors of any structures and remove all trash, debris and rubbish 23 from the Property prior to Buyer taking possession. 24 4. ❑ Personal Property. Unless otherwise agreed, Seller shall remove all personal property from the Property 25 not later than the Possession Date.Any personal property remaining on the Property thereafter shall become 26 the property of Buyer, and may be retained or disposed of as Buyer determines. 27 5. ❑ Utilities.To the best of Seller's knowledge, Seller represents that the Property is connected to a: 28 ❑ public water main; ❑ public sewer main; ❑ septic tank; ❑well (specify type) 29 ❑ irrigation water(specify provider) ; ❑ natural gas; ❑telephone; 30 ❑ cable; ❑ electricity; ❑ other . 31 6. ❑ Insulation - New Construction. If this is new construction, Federal Trade Commission Regulations require 32 the following to be filled in. If insulation has not yet been selected, FTC regulations require Seller to furnish 33 Buyer the information below in writing as soon as available: 34 WALL INSULATION: TYPE: THICKNESS: R-VALUE: 35 CEILING INSULATION: TYPE: THICKNESS: R-VALUE: 36 OTHER INSULATION DATA: 37 7. ❑ Leased Property Review Period and Assumption. Buyer acknowledges that Seller leases the following 38 items of personal property that are included with the sale: ❑ propane tank; ❑ security system; ❑ satellite 39 n dish and operating equipme El other 40 Cr r1 08/02/2020 [ a 08/02/2020 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date r Authentisign ID:498DFEA3-70DO-4E71-80BB-136398985DFBE Form 22D ©Copyright 2019 Optional Clauses Addendum Northwest Multiple Listing Service Rev.7119 OPTIONAL CLAUSES ADDENDUM TO ALL RIGHTS RESERVED Page 2 of 2 PURCHASE &SALE AGREEMENT Continued Seller shall provide Buyer a copy of the lease for the selected items within days (5 days if not filled 41 in) of mutual acceptance. If Buyer, in Buyer's sole discretion, does not give notice of disapproval within 42 days (5 days if not filled in) of receipt of the lease(s) or the date that the lease(s) are due, whichever 43 is earlier, then this lease review period shall conclusively be deemed satisfied (waived) and at Closing, Buyer 44 shall assume the lease(s) for the selected item(s) and hold Seller harmless from and against any further 45 obligation, liability, or claim arising from the lease(s), if the lease(s) can be assumed. If Buyer gives timely 46 notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 47 8. ❑ Homeowners' Association Review Period. If the Property is subject to a homeowners' association or any 48 other association, then Seller shall, at Seller's expense, provide Buyer a copy of the following documents (if 49 available from the Association)within days (10 days if not filled in)of mutual acceptance: 50 a. Association rules and regulations, including, but not limited to architectural guidelines; 51 b. Association bylaws and covenants, conditions, and restrictions (CC&Rs); 52 c. Association meeting minutes from the prior two (2)years; 53 d. Association Board of Directors meeting minutes from the prior six(6) months; and 54 e. Association financial statements from the prior two (2)years and current operating budget. 55 If Buyer, in Buyer's sole discretion, does not give notice of disapproval within days (5 days if not 56 filled in) of receipt of the above documents or the date that the above documents are due, whichever is 57 earlier, then this homeowners' association review period shall conclusively be deemed satisfied (waived). If 58 Buyer gives timely notice of disapproval, then this Agreement shall terminate and the Earnest Money shall be 59 refunded to Buyer. 60 9. Vf Homeowners'Association Transfer Fee. If there is a transfer fee imposed by the homeowners'association 61 or any other association (e.g. a"move-in" or"move-out"fee), the fee shall be paid by the party as provided for 62 in the association documents. If the association documents do not provide which party pays the fee, the fee 63 shall be paid by❑ Buyer; V Seller(Seller if not filled in). 64 10. ❑ Excluded Item(s). The following item(s), that would otherwise be included in the sale of the Property, is 65 excluded from the sale ("Excluded Item(s)"). Seller shall repair any damage to the Property caused by the 66 removal of the Excluded Item(s). Excluded Item(s): 67 68 69 11. ❑ Home Warranty. Buyer and Seller acknowledge that home warranty plans are available which may provide 70 additional protection and benefits to Buyer and Seller. Buyer shall order a one-year home warranty as follows: 71 a. Home warranty provider: 72 b. Seller shall pay up to $ ($0.00 if not filled in) of the cost for the home warranty, together 73 with any included options, and Buyer shall pay any balance. 74 c. Options to be included: 75 (none, if not filled in). 76 d. Other: 77 12. ❑ Other. 78 79 80 81 82 83 84 85 F1'� 08/02/2020 [� 08/02/2020 Buyers Initials Date Buyers Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:498DFEA3.7DD0-4E71.80BB-D6398985DFBE Form 22EF ©CaPY 9 ri ht 2019 Evidence of Funds Addendum Northwest Multiple Listing Service Rev.7l19 EVIDENCE OF FUNDS ADDENDUM ALL RIGHTS RESERVED Page 1 of 1 TO PURCHASE&SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated August 01,2020 1 between Janness c Morgan Charles J Morgan ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 580 E Wood Lane Shelton WA 98584 (the"Property"). 4 Address city State ZIP 1 DEFINITIONS. 5 a. "Evidence" means document(s) from a financial institution(s) in the United States showing that Buyer has 6 sufficient cash or cash equivalent in United States funds. 7 b. "Non-Contingent Funds" means funds that Buyer currently has in its possession and for which there is no 8 contingency, such as financing (NWMLS Form 22A or equivalent), sale of Buyer's property (NWMLS Form 9 22B or equivalent), or pending sale of Buyer's property(NWMLS Form 22Q or equivalent). 10 c. "Contingent Funds" means funds that Buyer does not currently have, but expects to receive from another 11 source prior to Closing, and for which there is no contingency, such as a loan, proceeds from the sale of 12 other property or stock, retirement funds, foreign funds, a gift, or future earnings. 13 2. Ga EVIDENCE OF NON-CONTINGENT FUNDS. Buyer is relying on Non-Contingent Funds for payment of the 14 Purchase Price. Buyer shall provide Evidence to Seller of such funds within 3 days (3 days if not 15 filled in) of mutual acceptance. Unless Buyer discloses other sources of funds for the payment of the Purchase 16 Price, Buyer represents that the Non-Contingent Funds are sufficient to pay the Purchase Price. Buyer shall not 17 use such Non-Contingent Funds for any purpose other than the purchase of the Property without Seller's prior 18 written consent. If Buyer fails to timely provide such Evidence, Seller may give notice terminating this 19 Agreement any time before such Evidence is provided. Upon Seller's notice of termination under this 20 Addendum, the Earnest Money shall be refunded to Buyer. 21 3. ❑ DISCLOSURE OF CONTINGENT FUNDS. Buyer is relying on Contingent Funds for the Purchase Price: 22 ❑ Loan: 23 ❑ Sale of the following owned by Buyer: 24 ❑ Gift of$ from 25 ❑ Funds not readily convertible to liquid United States funds (describe): 26 27 ❑ Other(describe): 28 Buyer shall provide Evidence to Seller days (10 days if not filled in) prior to Closing that the funds 29 relied upon in Section 3 have been received or are immediately available to Buyer. If Buyer fails to timely 30 provide such Evidence, Seller may give notice terminating this Agreement any time before such Evidence is 31 provided. Buyer shall provide Seller with additional information about such funds as may be reasonably 32 requested by Seller from time to time. Upon Seller's notice of termination under this Addendum, the Earnest 33 Money shall be refunded to Buyer. 34 If Buyer disclosed that Buyer is obtaining a loan, Seller shall permit an appraisal of the Property and inspections 35 required by lender, including but not limited to structural, pest, heating, plumbing, roof, electrical, septic, and 36 well inspections. Seller is not obligated to pay for such inspections unless otherwise agreed. 37 4. BUYER DEFAULT. If Buyer fails to timely close because the Contingent Funds identified in Section 3 are not 38 available by Closing, Buyer shall be in default and Seller shall be entitled to remedies as provided for in the 39 el ment. 40 08/02/2020 1A 08/02/2020 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Seller's Initials Date f { Authentisign ID:498DFEA3.7DD0-4E71.80BB-06398985DFBE �z; }y f'z�' {7 Form 22K ©Copyright 2019 Identification of Utilities Addendum _ ,..... : Northwest Multiple Listing Service Rev.7/19 IDENTIFICATION OF UTILITIES ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated August 01,2020 1 between Janness c Morgan Charles J Morgan ("Buyer") 2 Buyer Buyer and Mason County ("Seller") 3 Seller Seller concerning 580 E Wood Lane Shelton WA 98584 (the"Property'). 4 Address City State Zip Pursuant to RCW 60.80, Buyer and Seller request the Closing Agent to administer the disbursement of closing funds 5 necessary to satisfy unpaid utility charges, if any, affecting the Property. The names and addresses of all utilities 6 providing service to the Property and having lien rights are as follows: 7 WATER DISTRICT: shorecrest community water 8 Name e-mail or website(optional) 9 Address 10 City,State,Zip Fax.No.(optional) SEWER DISTRICT: 11 Name e-mail or website(optional) 12 Address 13 City,State,Zip Fax.No.(optional) IRRIGATION DISTRICT: 14 Name e-mail or website(optional) 15 Address 16 City,State,Zip Fax.No.(optional) GARBAGE: 17 Name e-mail or website(optional) 18 Address 19 City,State,Zip Fax.No.(optional) ELECTRICITY: 20 Name e-mail or website(optional) 21 Address 22 City,State,Zip Fax.No.(optional) GAS: 23 Name e-mail or website(optional) 24 Address 25 City,State,Zip Fax.No.(optional) SPECIAL DISTRICT(S): 26 (local improvement districts or Name e-mail or website(optional) utility local improvement districts) 27 Address 28 City,State,Zip Fax.No.(optional) If the above information has not been filled in at the time of mutual acceptance of this Agreement, then (1) 29 within days (5 if not filled in) of mutual acceptance of this Agreement, Seller shall provide the Listing 30 Broker or Selling Broker with the names and addresses of all utility providers having lien rights affecting the Property 31 and (2) Buyer and Seller authorize Listing Broker or Selling Broker to insert into this Addendum the names and 32 addresses of the utility providers identified by Seller. 33 Nothing in this Addendum shall be construed to diminish or alter the Seller's obligation to pay all utility charges 34 (including unbilled charges). Buyer understands that the Listing Broker and Selling Broker are not responsible for, or 35 �i-�ire payment of, Seller's of' arges. 36 08/02/2020 08/02/2020 Buyer's Initials Date Buyers Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:498DFEA3-7DDO-4E71.80BB-D6398985DFBE Form 22T r 'Agh6iiir, ©Copyright 2015 Title Contingency Addendumu, !"7 .—' `!"t�' Northwest Multiple Listing Service ` Rev.7/15 TITLE CONTINGENCY ADDENDUM TO ALL RIGHTS RESERVED Page 1 of 1 PURCHASE &SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated August 01,2020 1 between Jannessc Morgan Charles J Morgan ("Buyer') 2 Buyer Buyer and Mason County ("Seller) 3 Seller Seller concerning 580 E Wood Lane Shelton WA 98584 (the"Property"). 4 Address city State Zip 1. Title Contingency. This Agreement is subject to Buyer's review of a preliminary commitment for title insurance, 5 together with any easements, covenants, conditions and restrictions of record. Buyer shall have 6 days (5 days if not filled in)from If the date of Buyer's receipt of the preliminary commitment for title insurance; 7 or ❑ mutual acceptance (from the date of Buyer's receipt, if neither box checked) to give notice of Buyer's 8 disapproval of exceptions contained in the preliminary commitment. 9 Seller shall have days (5 days if not filled in) after Buyer's notice of disapproval to give Buyer 10 notice that Seller will clear all disapproved exceptions. Seller shall have until the Closing Date to clear all 11 disapproved exceptions. 12 If Seller does not give timely notice that Seller will clear all disapproved exceptions, Buyer may terminate this 13 Agreement within 3 days after the deadline for Seller's notice. In the event Buyer elects to terminate the 14 Agreement, the Earnest Money shall be returned to Buyer. If Buyer does not timely terminate the Agreement, 15 Buyer shall be deemed to have waived all objections to title,which Seller did not agree to clear. 16 2. Supplemental Title Reports. If supplemental title reports disclose new exception(s) to the title commitment, 17 then the above time periods and procedures for notice, correction, and termination for those new exceptions 18 shall apply to the date of Buyer's receipt of the supplemental title report. The Closing date shall be extended as 19 necessary to accommodate the foregoing times for notices. 20 3. Marketable Title. This Addendum does not relieve Seller of the obligation to provide marketable title at Closing 21 as provided for in the Agreement. 22 r 08/02/2020 08/02/2020 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:06BBEC9E-FCCC.4A42-AC22-13A9A7E6F6374 Form 34 ©Copyright 2010 Isidaml Addendum/Amendment to P&S ow Northwest Multiple Listing Service Rev.7/10 = ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated 8/212020 1 between Charles J Morgan Janness C Morgan ("Buyer")2 Buyer Buyer and Mason County ("Seller")3 Seller Seller concerning 580 a wood lane Shelton WA (the"Property").4 Address city State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 1.This agreement is contingent upon the Mason County Commissioners approval of this purchase and sales agreement, 6 in an open public meeting. 7 2.Buyer waives the right to receive a completed Washington State Seller Disclosure Statement. 8 3.Escrow shall be Mason County Title and Escrow,Colleen Reamer. 9 4.Buyer shall pay for the Mason County Title Insurance policy. 10 5. Deed Shall Be a Treasures Deed,per RCW 36.35.130. 11 6.Buyer shall pay all current and past due Association dues. 12 7.Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the state of 13 Washington. 14 S.Commissioner Randy Neatherlin will sign for Mason County. 15 9.Seller has never occupied the property. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 C� 08/02/2020 r a 08/02/2020 Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID:06BBEC6E-FCCC-4A42-AC22-DA9A7E6F6374 ' Exhibit A Lot 30. Block 2,Shorscrest Terrace Third Addition,as per plat recorded in Volume 5 of Flats,Pageis} 92, records of Mason County, Washington- C1 08/02/2020 [� 08/02/2020 McKenzie Smith From: Shelton-Mason County Journal <jlegals@masoncounty.com> Sent: Wednesday,August 26, 2020 8:52 AM To: McKenzie Smith Cc: Diane Zoren; Ginger Kenyon Subject: Re: NoH -Sale of Property at 580 E Wood Ln 8.25.2020 The legal number is 2676 and the total is$168. It reads: PUBLIC NOTICE NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers,411 North Fifth Street,Shelton,WA 98584 on Tuesday,September 22, 2020 at 9:15 a.m. SAID HEARING will be to consider the sale of real property located at 580 E Wood Lane,Shelton, WA parcel 32021-56-02030 for the price of$5,500 to Janness &Charles Morgan. If there are questions or comments about the sale of the above property, please contact Frank Pinter at fpinter@co.mason.wa.us If special accommodations are needed, contact the Commissioners' office,427-9670, Ext.419. DATED this 25th day of August 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON Clerk of the Board c:Journal- Pub[ 2t: 9/3 &9/10(Bill: Property Mng-411 North 5th Street,Shelton,WA 98584) 2676 September 3, 10 2t Your legal number is your confirmation that we have received your public notice information.The total due for the run dates)scheduled is also noted. Above may appear a proof of your notice. If we do not hear from you by the deadline,we will assume it is correct. Deadline for public notices is each Monday by 5pm (or previous Friday when there is a holiday the following week). Publication is each Thursday. Payment prior to publication may be required. Credit card transactions in excess of$500 may be subject to a 3%convenience/processing fee. One (1) signed, notarized affidavit will be mailed to the purchaser within 5 business days of the final day of publication; additional or replacement copies are charged$30 each. Please note:each public notice ("legal") is processed in the order received. Identical public notices that are re-sent are subject to being run and billed an additional time; please do not re-attach your original public notice in any future correspondence relating to it except upon our request.. For quality control, limit to 1 (one) public notice, in Word format per email. If sent in more than one attachment, please confirm with clear instructions. Thank you, Legals Department Shelton-Mason County Journal PO Box 430,Shelton,WA 98584 360-426-4412 1 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on T,uesday,-September 22;'2020 at 9:15 a.m. SAID HEARING will be to consider the sale of real property located at 580 E Wood Lane, Shelton, WA parcel 32021-56-02030 for the price of$5,500 to Janness & Charles Morgan. If there are questions or comments about the sale of the above property, please contact Frank Pinter at fpinter(D-co.mason.wa.us If special accommodations are needed, contact the Commissioners' office, 427-9670, Ext. 419. DATED this 25th day of August 2020. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON MWA Q 96M�- Clerk of the Wrd' 11 C.,X":j\e Sm1�'11 c: Journal-Publ 2t: 9/3&9/10 (Bill: Property Mng-411 North 5th Street, Shelton,WA 98584)