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HomeMy WebLinkAbout2021/01/05 - Regular Packet Board of Mason County Commissioners Draft Meeting Agenda = Commission Chambers 411 N 5th St, Shelton, WA 98584 January 5, 2021 January 5.2 Our Commission meetings are live streamed at http://masonwebtv.com/ Pursuant to Proclamation by the Governor 20-28.14, in person attendance to Commission meetings is temporarily restricted. During this time,we will accept public comment and testimony using Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the"raise hand"feature to be recognized by the Chair to provide your comments and testimony. You can also e-mail msmith@co.mason.wa.us; mail in to the Commissioners'Office at 411 N 5"'St,Shelton, WA 98584; or call (360)427-9670 ext. 230. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners'Office no later than 4:00 p.m. the Friday before the meeting. These options are available only while COVID-19 Open Public Meetings Act(OPMA) meeting restrictions are in place. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Correspondence and Organizational Business 4.1 Correspondence 4.2 Selection of Chair and Vice Chair 5. Open Forum for Citizen Input Please see above options to provide public comment. These options are only avai/able while COM-19 OPMA meetings restrictions are in place. 6. Adoption of Agenda Items appearing on the agenda after'Item 10.Public Hearings"maybe be acted upon before 9:15 a.m. 7. Approval of Minutes— December 15, 2020 Regular Meeting Minutes 8. Approval of Action Agenda Items listed under'Action Agenda"may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval to concur with Grays Harbor County's appointment of Jasmine Dickhoff to the Timberland Library Board of Trustees to fill the term that runs from January 1, 2021 to December 31, 2027. 8.2 Approval of Warrants&Treasure Electronic Remittances Claims Clearing Fund Warrant # 8076291-8076781 $ 2,814,026.42 Direct Deposit Fund Warrant# 73876-74260 $ 800,785.33 Salary Clearing Fund Warrant# 7005629-7005656 $ 540,776.15 Treasure Electronic Remittances $ 8.3 Approval of the 2021 Court Commissioner Professional Services Agreement with Robert Sauerlender. 8.4 Approval to sign Amendment 7 with Community Lifeline extending the end date of the grant to March 31,2021 to maintain isolation and quarantine housing for 2417 emergency shelter . operations 8.5 Approval to sign Amendment A with the Department of Commerce grant#21-4614C-117 extending the Eviction Rent Assistance Program Grant(ERAP)end date to June 30, 2021. 8.6 Approval of the January 2021 —December 2023 Collective Bargaining Agreement(CBA)for Woodworkers Local Lodge W36 LAM representing Mason County Office of Public Defense staff. -, Board of Mason County Commissioners 11 N Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 January 5, 2021 8.7 Approval of the amendment to extend the Interlocal Agreement for Pathology Services between Kitsap County and Mason County for 3 years 8.8 Approval of the COVID Temporary Prisoner Department of Corrections Housing Agreement for service fees related to newly sentenced felons not transferred from County Jail to State Prison from December 17, 2020 to January 7, 2021. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVYD-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to approve the franchise agreement between Mason County and Sunrise Beach Water System to construct, operate, and maintain their water system along North Shore Road. Staff: Mike Collins 10.2 Public Hearing to approve the adoption of the 2018 building codes as directed by the Washington State Building Code Council and by RCW 19.27. Staff: Kell Rowen 10.3 Public Hearing to approve the rezone of a 0.57-acre parcel on Golden Pheasant Road from Rural Commercial (RC3) to Rural Residential 2.5 (RR2.5) within the Rural Activity Center of Taylor Towne. Staff: Kell Rowen 11. Board's Calendar and Reports 12. Adjournment ejeln& MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: January 5, 2021 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following Marijuana License 424247 will be discontinued, Marijuana and Liquor License due to expire, Liquor license for The Ridge Motorsports Park, A Change of Limited Liability Members for Juicer Extractions and Approval of Liquor License for the Belfair Market. 4.1.2 Ken VanBuskirk sent in a letter regarding BOCC Briefing on Romance Hill. 4.1.3 Received 2020 4th Quarter report from Economic Development Council of Mason County. 4.1.4 A letter was received from Timberland Regional Library regarding appointing Jasmine DickofP to the Timberland Library Board of Trustee. 4.1.5 Federal Energy Regulatory Commission sent in a letter regarding 2020 Dam Safety Surveillance and Monitoring Report, Cushman Project. 4.1.6 KP Cleaners sent in a letter of appreciation. 4.1.7 Received a letter from Christy Rowe at the WSU Extension office regarding Mason County Master Gardeners — Catalyst Park. 4.1.8 Mark Fischer sent in a letter regarding access to the internet. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask Clerk D,&)11L d DY"1 1--P6",f-ee Washington State Licensing and Regulation PO Box 43098 liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360) 664-1600 Fax—(360)753-2710 Emailed to: ROMAJOHNSTONS(o)_GMAIL.COM December 15, 2020 COOPERATIVE44 181 E BUCKTAIL VIEW LN BELFAIR, WA 98528-9198 LICENSE: 424247 - 7B U B I: 900-000-044-000-0000 This letter is to notify you that your marijuana license number 424247 will be discontinued if an appeal is not received. You may no longer engage in the production, sale, or service of marijuana at the above location. If you wish to appeal this action, you have 20 days from the date of this letter to submit your request in writing to the WSLCB. You may submit your request to: Email: Licensingappeals@lcb.wa.gov Or By mail to: WSLCB Attention: Licensing Appeals PO Box 43098 Olympia, WA 98504-3908 If an appeal is requested a Statement of Intent will be mailed to you with a form to formally request a hearing. Sincerely, Customer Service /YCA Licensing & Regulation T: 360 664-1600 cc: County of Mason Olympia Enforcement Marijuana Examiners Unit Finance 10/2019 Cc:CMMRS Neatherlin, Shutty, l-rask Clerk Washington State Liquor and Cannabis Board P 0 BOX 43098 www.liq.wa.gov Fax #: (360) 753-2710 December 06, 2020 Dear Local Authority: 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 (WAC 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 ;fionothei®gaxtl6srrdeaewiorfibe Board members have final authority to renew the marijuana license and will enter a final 5) Procedure if Board Renews License Over Your Objection (WAC 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 : 12/06/2020 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20210531 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 OLY BOI, INC OLY BOI, INC 430625 MARIJUANA PROCESSOR 160 W WESTFIELD CT STE Al SHELTON WA 98584 4604 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 ff: (360) 753-2710 December 06, 2020 Dear Local Authority: RE: Liquor License Renewal Applications in Your Jurisdiction - Your Objection Opportunity 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 07/10 C091080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE: 12/06/2020 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20210331 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 JW & JH, CORP SUNSET BEACH GROCERY & DELI 350485 GROCERY STORE - BEER/WINE 17151 E HWY 106 BELFAIR WA 98528 0000 2 . HIDEAWAY HOLDINGS INC THE HIDEAWAY 367957 SPIRITS/BR/WN REST LOUNGE - 22540 NE STATE ROUTE 3 BELFAIR WA 98528 9303 3 . MOSQUITO FLEET WINERY LLC MOSQUITO FLEET WINERY 405084 DOMESTIC WINERY < 250,000 LITERS 21 NE OLD BELFAIR HWY B/W ON PREMISES ENDORSEMENT BELFAIR WA 98528 9602 4 . SEABECK PIZZA, INC. SEABECK PIZZA 410903 BEER/WINE REST - BEER/WINE 23800 HWY 3 BELFAIR WA 98528 9602 5 . YMCK, INC SANDY'S DELI 368496 GROCERY STORE - BEER/WINE 120 NE STATE ROUTE 300 GROCERY STORE - BEER/WINE BELFAIR WA 98528 9615 6 . THRIFTY PAYLESS, INC. RITE AID #6544 404235 GROCERY STORE - BEER/WINE 23940 NE STATE RT 3 BELFAIR WA 98528 9697 WINE RETAILER RESELLER 7 . TUG AND CHUGGS, INC TUGGS AND CHUGGS 426549 TAVERN - BEER/WINE 13443 W CLOQUALLUM RD ELMA WA 98541 9613 8 . NORRIS, RENA BURGER CLAIM AND MORE 084392 SPIRITS/BR/WN REST LOUNGE + DONALD DEAN MORRIS JR 24171 NE STATE ROUTE 3 KEGS TO GO BELFAIR WA 98557 0000 Cc:CMMRS Neatherlin, Shutty, Trask Clerk-- ®. 0lh49YK A-, payfr6 Washington State Licensing and Regulation PO Box 43098 Liquor and Cannabis Board Olympia WA 98504-3098 Phone_(360) 664-1600 Fax—(360) 753-2710 December 16, 2020 PERFORMANCE MOTORSPORTS MANAGEMENT INC. PO BOX 2467 SHELTON, WA 98584-5073 Re: THE RIDGE MOTORSPORTS PARK 1060 W EELLS HILL RD SHELTON; WA 98584-6381 _ LICENSE #429176 - 2N $ U B 1603-171-124-001-0001 1 7 LIiP 0. Your liquor license has been approved for the following: Mason Goun-ty SPORTS ENTERTAINMENT FACILITY Commissioners This license is valid through December 31, 2021. Effective January 1, 2020, the Washington State Liquor and Cannabis Board (WSLCB) will no longer prorate license fees for the original issuance of a liquor license. Engrossed Substitute House Bill 1557 requires WSLCB to set the expiration date of the license to the last day of the calendar month that is twelve months from the calendar month in which final approval of the license is granted. For example, if you were approved for your license on March 15, 2020, you will pay the full amount of the license fee and your license will be good until March 31, 2021. Upon renewal, the expiration date of the license may subsequently be prorated as necessary in accordance with chapter 19.02 RCW (Business Licensing). For questions regarding the issuance of your liquor license, please contact our customer service unit at (360) 664-1600. For questions regarding the renewal process, please contact Business Licensing at (360) 705-6741. You must post this letter in a public service area as your temporary operating permit. If you do not receive your Business License with liquor endorsements in 15 days, contact Department of Revenue's Business Licensing Service/Specialty Licenses at (360) 705-6744. SEF 9/4/14 DECISIONS Page 1 of 2 Page 2 License No.-429176 Any revisions to your currently approved Operating Plan must be submitted to our office for approval prior to any changes taking effect. Please allow at least 30 days for approval of any revisions. All liquor service (spirits, beer and wine) is confined to the areas indicated in your approved Alcohol Operating Plan. Lounge areas are restricted to persons 21 years of age and over. You are reminded that all employees must have a valid MAST permit within 60 days of employment. You are required to submit a schedule of events for the upcoming month to your local liquor enforcement office prior to the first of each month. Beer to be sold under this license must be purchased from a beer distributor or brewery. Wine sold under this license may be purchased from another retailer with a Wine Retailer Reseller endorsement. If you purchase spirits from a Spirits Retailer licensee, you must keep records by stock-keeping unit (SKU) of all your purchases, including the identity of the seller and the quantities purchased. When applicable, you are obligated to meet all other requirements of state, county, and city laws and ordinances (such as sanitation, zoning, fire, safety and building codes, etc.). Alterations or changes in ownership require prior Board approval. If you wish to make such changes, please contact our office for assistance. Your liquor license can now be renewed online through Department of Revenue's Business Licensing Service. Information on how to do this will be included on your renewal notice. Jonathan Reiner/smo Liquor License Specialist Senior 360-664-1663 cc: Southwest Enforcement Mason County Commissioners File SEF 9/4/14 Page 2 of 2 GC:GMMKS Neatnerlln, 5nutty, i raSK Clerk D llJ/rt ll �..'7'J 'e - 'k-_- Re,r, Licensing ana Regulation Washington State PO Box 43098 Liquor and Cannabis #y�� � Olympia WA 98504-3098 °•.„„yw� s Board Phone—(360) 664-1600 Fax—(360) 753-2710 December 22, 2020 AGROPACK, LLC 391 E EXPORT RD SHELTON, WA 98584-8559 Re: JUICER EXTRACTIONS 391 E EXPORT RD SHELTON, WA 98584-8559 LICENSE #412741 - 7B U B 1603-351-400-001-0001 Your application for change in limited liability members has been approved. This approval is for: Individual/Entity Position Units Juicier Extractions LLC Mbr/Mgr 45 Lucas K Marthaler Mbr 53 Gunner L.W. Scott Mbr 47 Kylee D Scott Spouse Andrew M Volk Mbr 45 Jessica Dymsza-Volk Spouse Over The Top, LLC Mbr 10 Chad Ferrel Mbr 70 Windy Roberts Mbr 20 Alfred Roberts Mbr 20 Total 100 *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. Affien 1Namboldlels Marijuana Licensing Specialist 360-664-1649 cc: Business License Service Enforcement Office Mason County Commissioners File PO BOX 43098,Olympia,WA 985043098—(360)664-1600 Option 1 Decisions —-i-vi-o weamernn, Stlutty, Trask �-! ledz I Licensing and Regulation �`:'. Washington State PO Box 43098 Liquor and Cannabis Board Olympia WA 98504-3098 `""wa Phone—(360) 664-1600 Fax—(360) 753-2710 December 29, 2020 ACTION SHIPPING & TRANSPORTATION SOLUTIONS LLC PO BOX 1089 BELFAIR, WA 98528-1089 Re: BELFAIR MARKET 23694 NE STATE ROUTE 3 BELFAIR, WA 98528-8309 LICENSE #430994 - 2N U B 1604-621-493-001-0002 Your liquor license has been approved for the following: GROCERY STORE - BEERIWINE This license is valid through October 31, 2021. Effective January 1, 2020, the Washington State Liquor and Cannabis Board (WSLCB) will no longer prorate license fees for the original issuance of a liquor license. Engrossed Substitute House Bill 1557 requires WSLCB to set the expiration date of the license to the last day of the calendar month that is twelve months from the calendar month in which final approval of the license is granted. For example, if you were approved for your license on March 15; 2020, you will pay the full amount of the license fee and your license will be good until March 31, 2021. Upon renewal, the expiration date of the license may subsequently be prorated as necessary in accordance with chapter 19.02 RCW (Business Licensing). For questions regarding the issuance of your liquor license, please contact our customer service unit at (360) 664-1600. For questions regarding the renewal process, please contact Business Licensing at (360) 705-6741. You must post this letter in a public service area as your temporary operating permit. If you do not receive your Business License with liquor endorsements in 15 days, contact Department of Revenue's Business Licensing Service/Specialty Licenses at (360) 705-6744. GS B/W Letter Decisions 9/3/14 Mail - GKenyon@co.mason.wa.us Cc:CMMRS Neatherlin, Shutty, Trask Clerk FW: BOCC briefing on Romance hill McKenzie Smith Fri 12/11/2020 9:57 AM To:Ginger Kenyon <G Kenyon @co.mason.wa.us>; Good morning Ginger, Would you please add this as correspondence for the next Commission meeting? Thank you so much, McKenzie Smith Clerk of the Board,Records Specialist Mason County Commissioners Office (360)427-9670 ext.5891 msmith(cDco.mason.wa.us hftp://www.co.mason.wa.us/ *Please note:Mason County complies with the Public Records Act Chapter 42.56 RCW.As such,any e-mail sent to and/or from the County may be subject to public disclosure. From: Ken VanBuskirk<kenvanb@gmail.com> Sent: Friday, December 11, 2020 6:41 AM To: Loretta Swanson <LorettaS@co.mason.wa.us> Cc: McKenzie Smith<msmith@co.mason.wa.us>; Sharon Trask<STrask@co.mason.wa.us>; Kevin Shutty <KShutty@co.mason.wa.us> Subject: Re: BOCC briefing on Romance hill Loretta, Please provide me with the consultant's draft report of the traffic analysis. also a draft report of Preliminary Environmental Screening. I would also like to talk to the consultant about the history of the storm water pond just to the South of Alternative 2.and potential affects of more impervious surface on Sweetwater creek. I would like to go over the GIS information I provided the County several years ago about this area. Thank you Ken -----Original Message----- From: Ken VanBuskirk To: Loretta Swanson Cc: msmith .co.mason.wa.us Commissioner Trask ; Commissioner Shutty Sent: Wednesday, December 02, 2020 6:08 PM Subject: BOCC briefing on Romance hill Loretta this is a public comment on the briefing this last Monday regarding the proposed Romance Hill connection with the freight corridor, involving a RR crossing and a round about at the connection with freight corridor. Mason County cannot afford this connection. The community is bitterly divided about this https://owa.co.mason.wa.us/owa/ 12/15/2020 Mail - GKenyon@co.mason.wa.us Page 2 of 2 connection. The only connection that makes sense is Log yard road. If the Romance hill connection is built future development and developers should be the ones to pay for it. Please provide me with the consultant's draft report of the traffic analysis. also a draft report of Preliminary Environmental Screening. I would also like to talk to the consultant about the history of the storm water pond just to the South of Alternative 2.and potential affects of more impervious surface on Sweetwater creek. I would like to go over the GIS information I provided the County several years ago about this area. thank you. Ken VanBuskirk 360-801-0550 https:Howa.co.mason.wa.us/owa/ 12/15/2020 Cc:CMMRS Neatherlin, Shutty, Trask Zlerk. 2020 Q4 Report: Economic Development Council of Mason County The Mason EDC is the lead designated economic development agency for Mason County.We represent the County and local businesses on a number of statewide, national and international issues.At the heart of the work the EDC does are four main principles: • RECRUIT investment and employment opportunities to the region, • RETAIN existing local businesses by providing technical assistance and advocacy,and • EXPAND operational capacity for local employers by providing them with new market opportunities. • COORDINATE economic development efforts in Mason County,the region, and the state. 2020 Scope of Services Q CONTRACTOR to provide a budget by expense category totaling$70,040 for the 2020, one-year contract to the BOCC within fifteen days (15) of contract execution. Completed. ✓Q CONTRACTOR to provide update to Board of County Commissioner... Deliverable:At a minimum of once per quarter the Executive Director or designee will provide a brief update on EDC work during public testimony at commission meetings. Q4: Monthly with changes during COVID19 briefing changes etc. Q4:We kept the same outreach efforts for the 4th quarter which has been county wide during this pandemic.We continue to utilize our local newspaper, radio station, Mason County EOC Team, Firefighters Association, social media,email distributions lists. We are calling, emailing, and driving to businesses to make sure we reach as many as we can during this time. RECRUITMENT&MARKETING Q CONTRACTOR to market Mason County as excellent locations to expand or relocate ... Deliverable: number of businesses contacted. Q4: New leads: 5 Potentials Pipeline: 4 Sites: Industrial Land -Work beginning on examination of current industrial land and potential development areas. Property portfolio development and distribution at Economix that directly engaged site selectors in industrial development. Commercial sites-identification of potential projects areas, review of current infrastructure, assessment of needed infrastructure to make marketable. Runway Business Park-Site plan development moving forward. Q CONTRACTOR to provide site location assistance ... Deliverable: Quarterly list of project names. Q4: Project BB—wood pellet manufacturer Project Container- Manufacturer Project Hotel—ongoing Project Skeeters Family Bowling Center—Assistance with USDA funding R � � ED DEC 15 2020 Masan County Commissioners BUSINESS RETENTION &EXPANSION ACTIVITIES Deliverable: quarterly dashboard of communication analytics. Q3: DASWBOARD'OF ANALYTI-S:2020 Q4 WEBSITE— • •• MINY"M• :• 1047 2,923 61.02 62,223 SOCIAL MEDIA Followers:1781 Followers:23 New Followers:909 New Followers:15 Page Views:16,002 New Tweets:0 Likes:1642 Post Reach:68,438 Q CONTRACTOR to provide business retention and expansion services ... Work has begun to transition the 'Business Spotlights' into a formal BRE program.This program will incorporate a wide range of tools-and services designed to help local businesses become more competitive and to grow where they are rather than relocate. Deliverable: number of businesses visited. Q3: 200 in person visits and flyer distribution including many more contacts made via email distributions, phone calls, driving to all areas of the county, local newspaper ads, radio interviews we can safely say we have reached at minimum 700 businesses. Deliverable: number of follow-ups with existing businesses. Q3: 400 at minimum Q CONTRACTOR to participate ... in the coordination of the job skills training program and the customized training program within its region. Q3: CDBG Business Builder Course—Courses began in September 2020 with the addition of an Online Marketing Strategy course as well as a Social Media Presence Course to assist with the demand and growth of ecommerce as a result of Covid-19. BUSINESS ASSISTANCE Q CONTRACTOR to provide or facilitate the provision of export assistance. Q CONTRACTOR to provide business assistance ... Deliverable: number of businesses that direct assistance was provided. Q4: As you know and have seen our work with hundreds of businesses across our county ranging from retail/restaurants/salons to non-profits to small/medium manufacturing to construction to value-added ag to governments continues. We continue to work with our manufacturers on their ability to sustain themselves and explore innovative opportunities during this crisis.We are working with local, regional, and state governments on programs to support our local businesses.We are administering six different grant programs for our county and our outreach has been extensive.The current focus is on our restaurants, bars, cafes,gyms and our local movie theater and the grant application process for them. The EDC has administered seven grants which brought approximately$1,300,000 million in cash injections into our business community supporting our local economy. Deliverable: and number of follow-up interactions. Q4: As you can imagine, COVID-19 related impacts continue to be our focus with all our businesses across the county.The work that we need to continue our focus on is business retention and our outreach and follow-ups have been massive. EDC Director,Jennifer Baria, is Chief Officer for Economic Recovery for Mason County which has been a great partnership for outreach as has been door knocking, phone calls, email distributions, social media,the Shelton Mason County Journal, iFiberone News Radio on AM/FM/STREAM reach is great with signal covering all 60,000 plus residents in Mason County in addition to the 4.2 million in the South Sound. READINESS&CAPACITY BUILDING Q CONTRACTOR to solicit, compile and rank the Comprehensive Economic Development Strategy (CEDS) list annually.Submit to COUNTY for review and approval on or before 6/30/20.—Deadline extended to 9/1/2020. Completed Q CONTRACTOR to provide an annual economic report. Deliverable: report of economic indicators and comparisons in Mason County. Q CONTRACTOR to participate in economic development system-wide discussions regarding gaps in business start-up assistance in Mason County. Q CONTRACTOR to participate in development of a countywide economic development plan in conjunction with other governmental jurisdictions and institutions. o Opportunity Zones Q CONTRACTOR to provide an annual snapshot of local economic conditions ... Deliverable: Economic Vitality index will be complied and provided in January 2021. Cc:CMMRS Neatherlin, Shutty, Trask �CLesk�` Administrative Service Center 415 Tumwater Boulevard SW Tumwater,WA 98501-5799 360.943.5001 TRL.org December 15,2020 Mason County Commissioners --_-Mason-County-Building-1 — - - - - 411N5thSt. Shelton, WA 98584 Dear Board Commissioners, The Grays Harbor County Commissioners have appointed Jasmine Dickoff to the Timberland Regional Library Board of Trustees to fill the term that runs from January 1, 2021 to December 31, 2027. The Grays Harbor County Commissioners have requested that Timberland Regional Library secure the confirmation of this appointment from the other four county Board of Commissioners. A copy of the letter appointing Ms. Dickoff is enclosed. If you concur with the appointment of Ms. Dickoff,please send a letter of confirmation to my attention at the above address. Once we have received letters from Mason, Lewis, Thurston, and Pacific County Commissioners, copies will be forwarded to the Grays Harbor County Commissioners. We would appreciate your immediate consideration of this appointment. To further speed the process you mayemail-the-scanned-letter to-Rose Enos-Weedmark at-renosweedmark@jL1.org. Thank you for your attention to this matter. Sincerely, &Alk Cheryl Heywood R E�� , Executive Director ' `° Enclosure Mason County Commissioners Cc:CMMRS NeatherIin, Shutty, Trask FEDERAL ENERGY REGULATORY COMMISSION Office of Energy Projects Division of Dam Safety and Inspections—Portland Regional Office 805 SW Broadway, Suite 550 Portland, Oregon 97205 r (503) 552-2700 12/10/2020 y In reply refer to: P-460 VIA Electronic Mail C 0 V D Mr. Chris Mattson DEC 2.� Z020 Generation Manager Tacoma Public Utilities Mason County cmattson@ci.tacoma.wa.us Commissioners Subject: 2020 Dam Safety Surveillance and Monitoring Report, Cushman Project Dear Mr. Mattson: This letter is to acknowledge your November 23, 2020 letter transmitting the 2020 Dam Safety Surveillance and Monitoring Report (DSSMR) for the Cushman Project, FERC No. 460. We have reviewed the information provided and have the following comments: 1. The caution and action levels for Cushman Dam No. 1 (Cl) spillway embankment. Piezometers PE-l0A and PE-20 and the acceptance of minor excursions since the core wall extension completed in 2012 should be reassessed by the next Independent Consultant's in the Part 12D Report due in 2022. 2. A table was included to document the 2020 flow readings of Cl Weir BBW-1. Please include a plot of these readings and reservoir elevation. 3. In the next update of the DSSMP, please include the details of the new three- dimensional crack monitoring gauge for Cushman Dam No. 2 (C2) right downstream face. Include the instrument tolerances and note any required maintenance procedures if any. 4. The'new seepage discharge location on the C2 right abutment, which has reportedly moved from its previous location monitored by the right abutment weir, f' _ should be monitored for any increase in flow. Please keep our office informed on any proposed action to capture and monitor this seepage flow. 2 5. The DSSMR notes that the new crack monitoring gauge provides automated readings. Please confirm whether an operator is provided with an alarm if,a reading r is beyond a specific value and/or there is an issue with reading collection. 6. Please include the December 20, 2019 C2 Power Tunnel Inspection Report in the next update to the Supporting Technical Information Document (STID) companion . disk. 7. Both C1 spillway embankment piezometers PE-413 and PE-24 registered readings above the caution level in the reporting period. Please provide discussion on these readings. No response to this letter is required at this time. Please incorporate the above comments in your 2021 DSSMR submittal: The Commission strongly encourages electronic filing. Please file submittals to this office using the Commission's eFiling system and, if required, provide two hard copies to this office. The Hydropower Filing Guide, which is available at the web address below, contains information on how to use the eFiling system and guidance on which dam safety submittals require hard copies. https://www.ferc.gov/industries/hydropower/safety/guidelines/filin-Ruide.pdf Note: The Portland Regional Office is currently encouraging extended telework for all staff due to COVID-19. While the office will be OPEN during this time, there may not be staff present in the office at all times during regular business hours. Since we will have limited physical presence in the office, we are temporarily suspending the requirement to send 2 hard copies of the-items listed in the Hydropower Filing Guide. For, several types of submittals, we request that you prepare and set aside the hard copy so you can provide it to us after we return to normal operations; these items include construction plans and specifications, Public Safety Plans, Emergency Action Plan Reprints and Revisions, and Supporting Technical Information Reprints and Revisions. If you have a large document that cannot be e-filed, we request that you coordinate directly with the project engineer, listed below, to ensure that we are able to receive the filing. Thank you for your continued cooperation and interest in dam safety. If you have any questions, please contact Mr. Daniel Klein of this office at (503) 552-2707. Sincerely, Douglas L. Johnson, P.E. Regional Engineer Cc:CMMRS Neatherlin, Shutty, Trask Gierk-- K P Cleaners (360) 426- 2607 Kneeland Plaza Cleaners 301 E Wallace Kneeland Boulevard Shelton, WA 98584w •:a December 22, 2020 Masori The Honorable Sharon Trask, Chair Commissi;.',,_.3 The Honorable Randy Neatherlin, Vice-Chair The Honorable Kevin Shutty, Commissioner Mason County Commissioners 411 N. 51' St. Shelton, WA 98584 Dear Commissioners, I am writing to express a heartfelt thank you! In November we received a COVID relief Grant from the Economic Development Council of Mason County that is a direct result of the Mason County small businesses in Mason County that are suffering from COVID-19. Your grant is extremely helpful and very generous. My wife and I, along with our two preschool kids, are the owners and operators of Kneeland Plaza Dry Cleaners located on East Wallace Kneeland Boulevard. Shelton and Mason County are wonderful places to operate a small business and we are thankful that we can do business here and serve this community. We appreciate our customers and feel fortunate regarding how welcoming everyone has been. We are not out of the woods yet on the effects of COVID-19, but your help has given us hope. Mason County is where we want to be, and we look forward to the new year in this great community. Sincerely, Sanggil and Dinah Park Cc:-Economic Development Council of Mason County Cc:CMMRS Neatherlin, Shutty, Trask 'Clerk December 19, 2020 Shelton Police Department 525 W. Cota Street Shelton, WA 98584 R E a-IP�u E I ATTN: Chief Darrin Moody DEC 2 9 207Q d Mason Cn,,nty RE: Mason County Master Gardeners — Catalyst Park C0rnmi',s*onors Dear Chief Moody, As 2020 ends, the Mason County Master Gardeners and specifically, the Catalyst Park Steering Committee would like to thank the Shelton Police Department for your service this past year. This year was difficult for many due to Covid-19. We also had an exceedingly difficult year and were under extremely strict restrictions from WSU, Governor mandates and the Parks Department to continue our annual work at Catalyst Park. In a normal year, we begin to work the soil and plant seeds to grow vegetables for Saints' Pantry Food Bank in late February or early March. Unable to start as usual, only one of our Master Gardeners was allowed in the park until late May, when the protocols and rules were written and approved for up to eight people to work in the garden. We were at Catalyst every Tuesday and Thursday, masks on, social distancing and working extremely hard to grow food for our community. To make matters more difficult, we encountered many instances of vandalism. Some of our security cameras were stolen and/or broken, rocks were thrown through the window of one of our storage sheds and it is still in need of being replaced, several young people were caught on our cameras getting inside the park fencing because they cut the wire fencing more than once. We had outdoor electrical outlets tampered with and we can only assume they were charging their cell phones. There was trash left behind, condoms left on the ground and much more. The purpose of this letter is to thank Officer Uch and Officer Pickens. They were outstanding responding to our reports of vandalism. Both officers came up to the park whenever we called the police department and promptly took down our reports. Thanks 6/20 03 : 11PM PbT —> KEVin ShUttY 3604Z'/ti43'/ hg 1/1 �� Cc:CMMSF Neatherlin S�tty, Trask RECE ECk—C er k DEC 2 8 2020 MASON COUNTY Good day Kevin, COMMISSIONERS As we navigate our changing landscape due to Covid-19,my neighbors and I continue to be challenged. Our children are learning remotely. Some of us are able to work remotely. Many of us connect with family,friends and news remotely. The one consistent element in all these endeavors is access to the internet. As you may know,those of us who live along US Hwy 101 north of the Hamma Hamma River and south of the Robinswold Girl Scout Camp have NO access to broadband.We rely on satellite or cell phone service to connect to vital services and information. South of the river Hood Canal Communications provides fiber optic broadband. North of the Girl Scout Camp, North Olympic Data Services provides microwave broadband service.Those of us in the middle are frustrated, isolated and limited.Those who cannot afford satellite or cell phone internet service must drive to Brinnon, Hoodsport or Shelton for wi-fi access. Mason County PUD-3 is the broadband provider for our area.They offer NO service. Mason County PUD- 1 tells me that they do not offer service. HCC tells me that crossing the Hamma Hamma River with their service is too costly,very poor ROI for their business. North Olympic Data Services must have clear line- of-sight to its customers and cannot broadcast south of Robbinswold due to a forest on the slopes of the Kitsap Peninsula south of Holly. For years I have heard all the excuses. We ask that you and other representatives look again at creating incentives for service providers to reach the digital deserts of Mason County and all of Washington State. Your assistance is appreciated. Mark Fischer Volunteer Fire Fighter, EMT 31 N Hidden Cove Lane Lilliwaup WA 98555 503-580-7325 Received Time Dec. 26. 2020 3: 11PM No. 2929 BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS Mason County Commission Chambers,411 North Sth Street,Shelton,WA December 15, 2020 1. Call to Order—The Chairperson called the regular meeting to order at 9:02 a.m. 2. Pledge of Allegiance—Cmmr. Neatherlin 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 Washington State Liquor and Cannabis Board sent in the following: liquor license application for Home Meat Service and a change in limited liability members for the. Dab Lab. 4.1.2 Two letters were received from Ken VanBuskirk regarding the November 30, 2020 Board of County Commissioners briefing on the Belfair Sewer Project Update/Romance Hill. 4.1.3 Levy Certification was received for Mason County Fire District # 1 and Port of Grapeview. 4.1.4 Letter was received from Lisa Frazier, Mason County Treasurer, regarding RCW 36.48.010 Depositories designated by the Treasurer. 4.1.5 Kathy Varney sent in a letter of resignation for the Timberland Library Board. 4.1.6 Washington State Senate sent in a letter regarding the Shelton Veterans Village Project. 4.2 Richard Dickinson presented a News Release for Free Christmas Tree Recycling. 4.3 Michael MacSems presented a News Release for Mason County Heritage Grant Cycle. 4.4 Mike Collins presented a News Release for Skokomish Valley Road County Road Project. 5. Open Forum for Citizen Input— No public comment received. 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 Cmmr. Shutty/Neatherlin moved and seconded to adopt the December 7, 2020 Special Meeting and December 7, 2020 Briefing minutes as presented. Motion carried unanimously. N-aye; S-aye;T-aye. 8. Approval of Action Agenda: 8.1 Approval of Warrants&Treasure Electronic Remittances Claims Clearing Fund Warrant# 8076204-8076290 $ 756,516.97 Direct Deposit Fund Warrant# 73471-73875 $ 914,882.63 Salary Clearing Fund Warrant # 7005593-7005628 $ 1,154,580.96 Treasure Electronic Remittances $ 771,023.14 8.2 Approval to set a Public Hearing on January 5, 2021 at 9:15 a.m. to consider code amendments to Title 14 and adopt the 2018 State Building Code amendments. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS December 15, 2020 - PAGE 2 8.3 Approval to set a Public Hearing on January 5, 2021 at 9:15 a.m. to consider rezone of a 0.57-acre parcel from Rural Commercial 3 (RC3) to Rural Residential 2.5 (RR2.5)within the Rural Activity Center of Taylor Towne. 8.4 Approval of Amendment 2 for the Eviction Rent Assistance Program with Crossroads Housing for an additional amount of$62,516. 8.5 Approval to authorize Public Works to execute a budget transfer of$50,000 increasing salaries and benefits and reducing operations in Fund 413, Belfair Wastewater&Water Reclamation Fund. 8.6 Approval to authorize Public Works to procure a 2018 Sakai asphalt finishing roller as special market value purchase. (Exhibit A) 8.7 Approval to authorize Public Health to sign the Consolidated Contract#CLH18253 Amendment to provide$20,000 to translate existing COVID-19 communications and materials into additional languages,$291605 to fund continuing services for the Division of Emergency Preparedness& Response;$67,694 to fund continuing services for the Maternal& Child Health Block Grant;and$250 to fund continuing services for the Office of Immunization& Child Profile-Pennatal Hepatitis B. 8.8 Approval to for the Chair to sign and send a letter to Governor Jaylnslee regarding concern for businesses and persons in Mason County. 8.9 Approval to update and adopt an Ordinance to replace Ordinance 63.05—Fee for filing a trial de novo of an arbitration award. (Exhibit B) Cmmr. Shutty/Neatherlin moved and seconded to approve action items 8.1 through 8.9 with the removal of item.8.8. Motion carried unanimously. N-aye; S-aye;T-aye. Item 8.8 Cmmr. Neatherlin mentioned he would be happy to sign the letter and appreciates Chair Trask writing the letter. Cmmr. Shutty echoed that statement. Cmmr. Trask shared it is more than.just writing a letter, it is also meetings with the state and County leaders. Cmmr. / moved and seconded to approve action item 8.8,approval for the Chair to sign and send a letter to Governor Jay Inslee regarding concern for businesses and persons in Mason County. Motion carried unanimously. N-aye; S-aye;T-aye. 9. Other Business (Department Heads and Elected Officials) 10. 9:15 a.m. Public Hearings and Items set for a certain time— 10.1 Public Hearing to consider approval of budget supplemental appropriations and amendments to the 2020 budget. Staff: Jennifer Beierle Jennifer shared this is the last request for 2020. The total request of adjustments for authorized expenditure appropriations General Fund is $430k for non-departmental CARES Act funding originally designated to law enforcement salaries and benefits re-designated by the Board of County Commissioners for economic opportunity professional services. $275k to Economic Development Council for businesses and $155k to PUD3 for WiFi hotspots. Cmmr. Shutty/Neatherlin moved and seconded to approve item 10.1,approval of budget supplemental appropriations and amendments to the 2020 budget. Motion carried unanimously. N-aye; S-aye;T-aye. 11. Board's Reports and Calendar-The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS December 15, 2020 - PAGE 3 12. Adjournment—The meeting adjourned at 9:33 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 MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Diane Zoren/McKenzie Smith Action Agenda X Public Hearing Other Department: Support Services Ext: 380 589 Commission Meeting Date: January 5, 2021 Agenda Item # 8.1 (Commissioner staff to complete) Briefing Date: January 4, 2021 Briefing Presented By: Support Services [ ] Item was not previously briefed by the board Please provide explanation of urgency Item: Approval to concur with Grays Harbor County's appointment of Jasmine Dickhoff to the Timberland Regional Library Board of Trustees for a term that runs from January 1, 2021 to December 311 2027. Background: This will fill a vacant position on the Timberland Regional Library Board of Trustees. Timberland Regional Library is a five-county rural library district consisting of Grays Harbor, Mason, Lewis, Pacific, and Thurston counties. Recommended Action: Approval to concur with Grays Harbor County's appointment of Jasmine Dickhoff to the Timberland Regional Library Board of Trustees for a term that runs from January 1, 2021 to December 31, 2027. Attachment(s)• Letter from the Timberland Regional Library Administrative Service Center Letter from Jasmine Dickhoff Letter from the Board of Commissioners of Grays Harbor County Letter to the Timberland Regional Library Administrative Service Center Agenda Summary 12/21/2020 r . EN Administrative Service Center 415 Tumwater Boulevard SW Tumwater,WA 98501-5799 360.943.5001 TRL.org December 15, 2020 Mason County Commissioners Mason County Building 1 411 N 5th St. Shelton, WA 98584 Dear Board Commissioners, The Grays Harbor County Commissioners have appointed Jasmine Dickhoff to the Timberland Regional Library Board of Trustees to fill the term that runs from January 1, 2021 to December 31, 2027. The Grays Harbor County Commissioners have requested that Timberland Regional Library secure the confirmation of this appointment from the other four county Board of Commissioners.A copy of the letter appointing Ms.Dickhoff is enclosed. If you concur with the appointment of Ms.Dickhoff,please send a letter of confirmation to my attention at the above address. Once we have received letters from Mason, Lewis, Thurston, and Pacific County Commissioners, copies will be forwarded to the Grays Harbor County Commissioners. We would appreciate your immediate consideration of this appointment. To further speed the process you may email the scanned letter to Rose Enos-Weedmark at renosweedmarkgtrl.org. Thank you for your attention to this matter. Sincerely, Cheryl Heywood Executive Director Enclosure "A truly great library contains something in it to offend everyone."—Jo Godwin, American editor& librarian consultant. October 26,2020 Dear County Commissioners, Hope this letter finds you well. My name is Jasmine Dickhoff and I am writing to declare my interest in filling the upcoming open seat on the Timberland Regional Library's Board of Trustees.My hope is that you will consider me for the appointment of this position. My experience includes 4 years as the mayor of Hoquiam. In addition to that role I have had the good fortune to also serve on the Grays harbor Transit Authority Board as well as the executive board for Grays Harbor Council of Governments. I served as a city councilman prior to that for 8.5 years. In that time, I was chair for their regulatory and utility boards.And mayor pro tempore for 2 years. It was with great pride in those many years that we worked to get approval for annexation.Transitioning from council to mayor we worked to renovate the building.The projects were completed in 2019.A much needed and well-deserved investment. In 2018,while mayor, I was informed of a proposal of cuts by the TRL staff which included looking into the option of shutting down our public library. I worked diligently to advocate for the survival of not only our freshly renovated Carnegie building but also the services in Montesano,Amanda Park and Oakville. People from all walks of life acted. It was as unifying an effort as I have experienced in my time in public service.Proving to me that the resources of our public library system are invaluable and must be maintained, protected and available to anyone who walks through their doors. We have been so fortunate to have been represented by Corby Varness these past many years.She was an integral voice for sustaining rural services. My intention is to use my experience for the purpose of securing our libraries as we navigate what lays before us. Libraries,in a world of countless inequities and personal variability,are the great equalizer. It would be an honor to be considered for this position. Thank you so much for you time and I look forward to hearing from you. Warmest Regards, Jasmine Dickhoff lasmined@shoppesatriverside.com (360)581-9974 OFFICE OF ��,gB(� , COUNTY COMMISSIONERS �� O� 100 West Broadway,Suite#1 WES CORMIER .�, MONTESANO,WASHINGTON 98563 FIRST DISTRICT G' PHONE(360)249-3731 RANDY ROSS FAX(360)249-3783 SECOND DISTRICT t , VICKIE RAINES THIRD DISTRICT JENNA AMSBURY 1 S54 CLERK OF THE BOARD STATE OF WASHINGTON December 1,2020 Dear Ms. Dickhoff It is with pleasure that we write to let you know that we,the Board of Commissioners of Grays Harbor County, appointed you to fill the Grays Harbor County position as representative to the Timberland Regional Library Board of Trustees for a seven-year term that begins on January 1, 2021 and ends December 31,2027. We feel that you will bring a wealth of knowledge and positive attitude to the position. We appreciate your willingness to serve on this important board. If you have any questions,please let us know. Sincerely, BOARD OF COMMISSIONERS GRAY RBOR CO ' a Vickie L. Raines, Chairman A Cow, 1854 MASON COUNTY January 5,2021 BOARD OF Cheryl Heywood,Executive Director COMMISSIONERS Timberland Regional Library Administrative Service Center 415 Tumwater Blvd SW 1ST District Tumwater,WA 98501-5799 RANDY NEATHERLIN Dear Ms.Heywood, 2°I.N SHUTTY District KEVI The Board of Mason County Commissioners met and took action to concur with the appointment of Jasmine Dickhoff to the Timberland Regional Library Board 3ra District of Trustees to fill a term that runs from January 1,2021 to December 31,2027. SHARON TRASK Sincerely, BOARD OF MASON COUNTY COMMISSIONERS Mason County Building 1 411 North Fifth Street Shelton, WA 98584-3400 Randy Neatherlin Kevin Shutty Sharon Trask (360)427-9670 ext.419 Chair Commissioner Commissioner (360)275-4467 ext.419 (360)482-5269 ext.419 Fax(360)427-8437 Uerk, 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: 3anuary 5, 2021 Agenda Item # 8.1 (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 # 8076291-8076781 $ 2,814,026.42 Direct Deposit Fund Warrant # 73876-74260 $ 800,785.33 Salary Clearing Fund Warrant # 7005629-7005656 $ 540,776.15 Treasurer Electronic Remittances $ 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 $ 33,289,446.23 Direct Deposit YTD Total $ 17,914,097.81 Salary Clearing YTD Total $ 18,584,974.38 Approval of Treasure Electronic Remittances YTD Total $ 7,318,326.51 RECOMMENDED ACTION: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant#8076291-8076781 $ 2,814,026.42 Direct Deposit Fund Warrant #73876-74260 $ 800,785.33 Salary Clearing Fund Warrant #7005629-7005656 $ 540,776.15 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: Daniel Goodell, Presiding Judge Action Agenda x Amber Finlay, Judge Public Hearing Monty Cobb Jude Other DEPARTMENT: Superior Court EXT: DATE: January 5, 2021 Agenda Item # 8,3 Commissioner staff to complete) BRIEFING DATE: January 4, 2021 BRIEFING PRESENTED BY: [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: 2021 Court Commissioner Professional Services Agreement Background: Since 2001, the BOCC and Superior Court have entered into an annual court commissioner contract. The contract was with Richard Adamson until 2010 and has been with Robert Sauerlender since 2011. In 2012, the BOCC agreed to set the salary at 75% of a Superior Court Judge's salary, which is set by the Washington Citizens' Commission on Salaries for Elected Official; and in 2016, the BOCC agreed to increase the salary to 85% of a Superior Court Judge's salary. The proposed 2021 contract with Robert Sauerlender is for 37 hours per week (.925 FTE) with a salary of$156,994.56 or as increased by the Washington Citizens' Commission on Salaries. The compensation will be split between the Superior Court budget (.625 FTE), and the Therapeutic Courts budget (.3 FTE). Additional work over .925 FTE will be paid at the hourly rate. Budget Impacts: None. The above amount is included in the Superior Court and Therapeutic Courts 2021 budgets. RECOMMENDED ACTION: Approve the 2021 Court Commissioner Professional Services Agreement and return the original to Superior Court for our records. Attachment(s): Copy of Agreement. COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT This agreement is between Robert D. Sauerlender (Commissioner) , and Mason County Superior Court (Court) and Mason County (County) . The parties to this agreement, in consideration of the terms and conditions set out below, agree as follows : Section One - Appointment of Commissioner Pursuant to RCW 2 . 24 . 010, the Court hereby appoints Robert D. Sauerlender as Court Commissioner for a term beginning January 1, 2021 and ending December 31, 2021, and he hereby accepts such appointment and agrees to act as Court Commissioner pursuant to the terms and conditions set forth herein. Section Two - Responsibilities and Duties of Commissioner 1 . Pursuant to RCW 2 . 24 . 020, Commissioner shall, before entering upon the duties of such office, take and subscribe an oath to support the Constitution of the United States, the Constitution of the State of Washington, and to perform the duties of such office fairly and impartially and to the best of his or her ability. 2 . Commissioner shall perform his or her duties under the direction of, and in accordance with the policies, procedures and timelines established by the Court . 3. Commissioner' s work schedule shall be 37 hours per week ( . 925 FTE) , Monday through Friday during the hours of 8 : 00 a.m. to 5: 00 p.m. , or as otherwise scheduled. 4 . Commissioner shall regularly preside over court dockets including but not limited to: Therapeutic Courts Involuntary Treatment Court Probate/Guardianship Domestic Relations Domestic Violence and Anti-harassment Ex parte COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 1 5. During the hours established by the work schedule herein, Commissioner may also be required to perform other duties, such as, (1) hear and decide civil, domestic, probate, juvenile and/or adult criminal matters authorized by LCrR 4 .2; (2) review requests for temporary orders in domestic violence petitions and other ex parte order requests; and (3) other matters as arranged by the Court. 6. Commissioner has successfully completed the Washington Judicial College and shall comply with Continuing Judicial Education requirements as set out in GR 26. Section Three - Compensation Pursuant to RCW 2 . 24 . 030, County agrees to pay Commissioner for the work set out in the schedule herein a salary at the rate of 85% of the salary of a Superior Court Judge for . 925 FTE as follows : $13, 082 . 88 per month ($81 . 61 per hour) for a total annual salary of $156, 994 . 56 or more as established by the Washington Citizens' Commission on Salaries for Elected Officials . Any work performed over and above the schedule set forth herein shall be compensated at the hourly rate. Section Four - Benefits/Deductions Commissioner shall be eligible for all benefits available to Mason County employees within Chapters 6 and 7 of the Mason County Personnel Policies . Commissioner shall receive the same insurance premium contribution as regular full-time employees. Deductions by County from Commissioner' s pay will include applicable taxes, an amount equal to an employee' s contribution for applicable benefits and other deductions required by federal and state law. Section Five - Integration Clause This agreement embodies the whole agreement between the parties . This agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties . Section Six - Written Modification as Necessary There may be no modification of this agreement, except in writing, executed with the same formalities as this instrument. COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 2 Section Seven - Termination This agreement shall terminate immediately should Commissioner not be in good standing with the Washington State Bar Association. Additionally, Court or Commissioner may terminate this agreement for any reason upon thirty (30) days written notice delivered to the other party. Actual delivery by Commissioner of a written notice to terminate to the Presiding Judge will constitute notice. Signed this t(- day of Signed this day of January, 2021 : January, 2021 : MASON C Y SUPERIO URT BOARD OF COUNTY COMMISSIONERS AMB FINLAY, RANDY NEATHERLIN Commissioner District 1 ANIE L 0 ELL, Ju ge KEVIN SHUTTY Commissioner District 2 MONTY D. COBB, Judge SHARON TRASK Commissioner District 3 Signed this"'/ day of January, 2 1 : ROBE AUERLENDER Approved as to form: MASON COUNTY PROSECUTOR' S OFFICE B COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 3 ACKNOWLEDGEMENT I, Robert D. Sauerlender, acknowledge receipt of a copy of Mason County' s Non-Discrimination and Harassment Policy (chapter 12 of the Personnel Policies) . I shall abide by this policy and that of state and federal laws that preclude discrimination on the basis of a person' s race, color, creed, religion, national origin, ethnicity, age, sex, marital status, veteran' s status, sexual orientation, or disability (known or perceived) . Signed: Date: ROB RT �UERLENDER COURT COMMISSIONER PROFESSIONAL SERVICES AGREEMENT - 4 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dave Windom / Todd Parker Action Agenda x Public Hearing Other DEPARTMENT: Community Services EXT: 260 DATE: 1/5/21 Agenda Item #6.4 Commissioner staff to complete) BRIEFING DATE: 1/4/21; 8/24/20; 9/28/20 BRIEFING PRESENTED BY: Todd Parker [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Community Lifeline Amendment related to the extension of the Dept. of Commerce Contract Covid Outbreak Emergency Housing Grant Background: The Dept. of Commerce extended the end date of the grant from December 31, 2020 to June 30, 2021. The purpose of the extension is to maintain isolation and quarantine housing relative to cases identified by WA State Dept. of Health, maintain additional shelter capacity to replace shelter capacity lost when social distancing was increased, and maintain sanitation in existing homeless housing. This amendment with Community Lifeline is to maintain 24/7 shelter operations through March 31, 2021, as part of the Covid-19 response. Budget Impacts: Within grant budget RECOMMENDED ACTION: Approval to sign Amendment 7 with Community Lifeline to continue 24/7 emergency shelter operations through March 31, 2021. Attachment(s): Amendment 7 Contract Between Mason County and Community Lifeline Professional Services Contract#CL:2019-2021.4 Amendment#7 he purpose of this amendment is to increase the total award of the contract for the COVID-19 response IT IS MUTUALLY AGREED THEREFORE:That the Original Contract is hereby amended as follows: 1. FUNDING SOURCE: Washington State COVID-19 Outbreak Emergency Housing Grant 2. AMENDMENT TERM: October 1, 2020—March 31,2021 3. TOTAL ADDITIONAL AWARD: Not to exceed$27,000 Shelter Operations: • An additional $27,000 approved for program staff to continue 24/7 operations that are Covid-19 related that are not covered by the Local Document Recording Fees and Shelter Grant through March 31, 2021 4. INVOICE: Include with the Covid-19 invoice with the title"Community Lifeline COVID-19 Response CL:2019-2020.4" 5. APPENDIX A—SCOPE OF WORK All activities and expenditures must comply with the Washington State COVID-19 Outbreak Emergency Housing Grant Guidelines. Amend the language in eligible activities from create to maintain as follows: • Maintain isolation and quarantine housing relative to cases identified by WA State Department of Health (increase allowed with approved updates to County Plan), • Maintain additional shelter capacity to replace shelter capacity lost when social distancing was increased. • Maintain sanitation in existing homeless housing Approval to continue 24/7 shelter operations through March 31, 2021. ALL OTHER TERMS AND CONDITIONS of the original Contract remain in full force and effect. IN WITNESS WHEREOF,the undersigned has affixed his/her signature in execution thereof on the day Of , 2021. CONTRACTOR MASON COUNTY Bert Pedersen �- Randy Neathedin,Chair Board Chair, Community Lifeline Mason County Board of County Commissioners 1 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dave Windom / Todd Parker Action Agenda x Public Hearing Other DEPARTMENT: Community Services EXT: 260 DATE: 1/5/21 Agenda Item # S.5 Commissioner staff to complete) BRIEFING DATE: 1/4/21; 8/3/20 BRIEFING PRESENTED BY: Todd Parker [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Department of Commerce Eviction Rent Assistance Program Grant (ERAP) Background: The Department of Commerce Housing Assistance Unit received approval from the state Office of Financial Management to amend your Eviction Rent Assistance Program grant with a new end date of June 30, 2021. Currently, The Department of Commerce is on standby to add or amend funds. Budget Impacts: None RECOMMENDED ACTION: Approval to sign Amendment A, grant number 21-4614C-117, with the Department of Commerce to extend the Eviction Rent Assistance Program Grant (ERAP) through June 30, 2021. Attachment(s): Amendment A • Amendment Grant Number:21-4614C-117 Amendment Number:A Washington State Department of Commerce Community Services and Housing Division Housing Assistance Unit Eviction Rent Assistance Program ERAP 1. Grantee 2. Grantee Doing Business As(optional) Mason County Health Services 415N6THST SHELTON,WA 98584 3.Grantee Representative 4.COMMERCE Representative Casey Bingham Kathryn Dodge P.O.Box 42525 Fiscal Manager Grant Manager 1011 Plum Street SE 360-427-9670 ext 562 (360)764-9682 Olympia,WA 98504-2525 caseyb@co.mason.wa.us kathryn.dodge@commerce.wa.gov 5.Original Grant Amount 6.Amendment Amount 7.New Grant Amount (and any previous amendments) $500,876.00 $0.00 $500,876.00 8.Amendment Funding Source 9.Amendment Start Date 10.Amendment End Date Federal:X State: Other: N/A: December 31,2020 June 30,2021 11.Federal Funds(as applicable): Federal Agency: CFDA Number: $500,876.00 US Dept.of the Treasury 21.019 12.Amendment Purpose: Extends grant end date to June 30,2021. COMMERCE,defined as the Department of Commerce,and the Grantee,as defined above,acknowledge and accept the terms of this Grant As Amended and attachments and have executed this Grant Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant As Amended are governed by this Grant Amendment and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment"A"—Scope of Work,Attachment`B"—Budget,and Attachment"C"- Grant Guidelines.A copy of this Grant Amendment shall be attached to and made a part of the original Grant between COMMERCE and the Grantee.Any reference in the original Grant to the"Grant" shall mean the"Grant as Amended". FOR GRANTEE FOR COMMERCE Signature Diane Klontz,Assistant Director Community Services and Housing Division Print Name,Title Date APPROVED AS TO FORM ONLY Date Sandra Adix Assistant Attorney General 3/20/2014 Date Department of Commerce MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Frank Pinter Action Agenda: X Public Hearing: Other Department: Support Services Ext: 530 Commission Meeting Date: January 5, 2021 Agenda Item # �.10 (Commissioner staff to complete) Briefing Date: January 4, 2021 Briefing Presented By: Frank Pinter [ ] Item was not previously briefed by the board Please provide explanation of urgency Item: Approval of the January 2021 — December 2023 Collective Bargaining Agreement (CBA) for Woodworkers Local Lodge W38 IAM representing Mason County Office of Public Defense staff. Background: The exclusive representatives of Woodworkers Local Lodge 238 IAM representing Mason County Office of Public Defense staff have reached a tentative agreement with Mason County for the 2021-2023 term. It is noted and commended to the Commissioner's that the parties reached this Agreement through a very collaborative negotiations process. Recommended Action: Approval of the January 2021 — December 2023 Collective Bargaining Agreement (CBA) for Woodworkers Local Lodge W38 IAM representing Mason County Office of Public Defense staff. Attachment(s): Collective Bargaining Agreement Agenda Summary 1/4/2021 COLLECTIVE BARGAINING AGREEMENT By and Between MASON COUNTY And MASON COUNTY OFFICE OF PUBLIC DEFENSE co 1854 And WOODWORKERS LOCAL LODGE W38, I.A.M �o�pF MAC11I/yjsrs9y O C O 90 OO ti a a� �1N1 January 1 , 2021 Through December 31, 2023 Table of Contents PREAMBLE...........................................................................................................................................3 ARTICLE I: RECOGNITION..................................................................................................................3 ARTICLE II: GRIEVANCES...................................................................................................................4 ARTICLE IV: RIGHTS OF MANAGEMENT..........................................................................................7 ARTICLE V: NON-DISCRIMINATION...................................................................................................7 ARTICLE VI: WAGES AND BENEFITS................................................................................................7 ARTICLE VII: HOLIDAYS......................................................................................................................9 ARTICLE VIII: VACATION LEAVE........................................................................................................9 ARTICLE XI SICK LEAVE, BEREAVEMENT LEAVE AND FMLA......................................................10 ARTICLE X: CIVIL LEAVE..................................................................................................................12 ARTICLE XI: LONGEVITY..................................................................................................................13 ARTICLE XII: SAVINGS CLAUSE ......................................................................................................13 ARTICLE XIII: DURATION..................................................................................................................13 2021-2023 Agreement-Mason County Deputy Public Defenders/Woodworkers Local Lodge wORIGINAL Page 2 of 15 PREAMBLE This Agreement entered into by Mason County and the Mason County Office of Public Defense, hereinafter referred to as the "Employer" and Woodworkers Local Lodge W38, I.A.M., hereinafter referred to as the "Union," has as its purpose the promotion of harmonious relations between Mason County, the Employer and the Union, and the establishment of an equitable and peaceful procedure for the resolution of differences, in the public interest. ARTICLE I: RECOGNITION Section 1. The Employer recognizes the Union as the sole and exclusive bargaining agent for the purpose of negotiations concerning salaries, hours and other conditions of employment for all full-time and regular part-time deputy prosecuting attorneys in the Prosecutor's office, hereinafter referred to as "employee", "employees", "DPA"or"DPAs", except for Rule 9 interns and confidential employees. Section 2. Union Representation a. It is mutually agreed that only Union members of this unit shall engage in active participation in Union affairs of this unit, or serve in a role of leadership of the unit such as: serving as a delegate or representative, serving on negotiating or other Union committees, or participating in other similar activities to the interest of the unit. b. The Union shall have up to a thirty (30) minute orientation with new employees during the employees' regular work hours. The Union will explain that it is the designated as the exclusive representative for all employees covered under the Collective Bargaining Agreement. The Union shall inform each new employee that membership in the Union is voluntary and only when an employee clearly and affirmatively consents to joining the Union may collect fees. In addition, the Union shall explain to the new employee the rights and the benefits the employee would forgo by being a non-member. c. The Union agrees to accept employees as members without discrimination as to race,color, creed, sex, sexual orientation, national origin or physical, sensory or mental disabilityor protected classes under the law. d. The Employer will provide for payroll deduction of Union dues and initiation fees upon authorization by the employee. Payroll deduction authorization cards must be received by the County department by the 15th day of the month to be recognized as effective for that month. The County will transmit to the duly designated officer of the Union the total amount so deducted together with the list of names of the employees from whose pay deductions were made. All refunds of such deductions which may be required to be made to any employee shall be made by the Union, and the Union shall settle all questions, and disputes between it and its members with reference to the deductions or refunds of the like without recourse to the County. e. The Employer will distribute one copy of this Agreement to each employee in the unit and to each newly hired employee of the unit. The cost of printing this Agreement shall be equally shared between the Department and the Union. 2021-2023 Agreement-Mason County Deputy Public Defenders/Woodworkers Local Lodge W38, [AM Page 3 of 15 ORIGINAL f. The Union agrees to supply the Employer with lists of officers of the Union and representatives and to keep such lists current.The Employer will recognize the officers and representatives, or shop stewards. g. Signatory organization will indemnify, defend,and hold the Employer harmless against any claims made and against any suit instituted against the County on account of any check-off of dues for the Union organization. The Union agrees to refund to the County any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof by the County. ARTICLE II: GRIEVANCES Section 1. The purpose of this grievance procedure is to promote harmony and efficiency between the employees and the Employer by providing for the timely settlement of grievances without fear of discrimination or reprisal. Section 2. The term "grievance" shall mean any dispute between the Employer and the Union or an employee covered by this Agreement, concerning the interpretation, application, claim, or breach or violation of the terms of this Agreement and established personnel matters. Section 3. Employees will be unimpeded and free from restraint, interference, coercion, discrimination, or reprisal in seeking adjudication of their grievances. Section 4. Any time limits stipulated in the grievance procedure may be extended for stated periods of time by appropriate parties by mutual agreement in writing with copies to the Union and the Employer. Section 5. Failure of the Employer to comply with any time limitations of a procedure in this Article shall automatically permit the aggrieved employee to advance his/her grievance to the next step of these procedures. Section 6. A grievance of interest to several employees may be filed as a "group" grievance at Step 2 of the Grievance Procedure and be processed within the time limits set forth herein. Either the Union or the Employer may initiate a grievance. The Employer may not grieve the acts of individual Employees, but rather, only orchestrated acts or actions of authorized representatives believed to be in conflict with this Agreement. An Employer grievance will not be subject to Arbitration and may go to mediation. Section 7. Grievance Procedure Step 1. Within fourteen (14) calendar days of the incident, giving rise to the grievance or within fourteen (14) calendar days of the date the grievant knew or reasonably should have known of the incident-giving rise to the grievance, the employee and/or the shop steward or other representative of the Union shall discuss the grievance with the Supervisor. The Supervisor shall notify the employee of any decision on the grievance within fourteen (14) calendar days of the discussion with the employee. Step 2. If the grievance is directly related to Termination, Suspension or Article IV, Wages and Benefits, then within fourteen (14) calendar days after receipt of the response or 2021-2023 Agreement-Mason County Deputy Public Defenders/Woodworkers Local Lodgoh,I,,A- I NAL Page 4 of 15 expiration of the time for response in Step 1, the employee and/or Union shall reduce to writing a statement of the grievance, which shall contain the following: (1) the facts upon which the grievance is based; (2) the Article(s) and/or Section(s) of the Agreement allegedly violated; and (3) the remedy sought. The written grievance shall be filed with the Human Resources Director, with a copy to the Supervisor. The Human Resources Director shall schedule a meeting with the Union Representative, affected employee(s) and the Supervisor(or designee) to hear and seek to resolve the grievance. Within fourteen (14) calendar days of the meeting, the Human Resources Director shall provide a written response to the Union Representative, employee(s) and the Supervisor. If the grievance is not resolved at Step 2, it may be advanced to arbitration by the Union. Section 8. Grievance Arbitration A. Should the Union choose to advance the grievance to arbitration, written notification of its intent to arbitrate shall be submitted to the Supervisor and Human Resources Director within fourteen (14) calendar days of receiving the written response in Step 2. Thereafter, the parties will attempt to agree on an arbitrator to hear the grievance. If the parties are unable to agree to an arbitrator, then a list of nine (9) names shall be jointly requested by the parties from the Public Employment Relations Commission (PERC) within thirty (30) calendar days of the date the Union filed its notice of intent to arbitrate with the County. B. If a list of arbitrators is requested, both parties will attempt to agree upon an arbitrator from this list. If they cannot agree within fourteen (14) calendar days from the receipt of the list, a flip of the coin will determine which party strikes the first name from the list. This striking of names will alternate between the parties until one name remains. This person shall be the arbitrator. C. The Parties shall jointly submit a written referral to the arbitrator that will contain the following: 1) A stipulated agreement of the question or questions at issue. If unable to stipulate, parties shall frame their own question or questions and the arbitrator shall have authority to define the question as a first order of business at any subsequent hearing; 2) Statement of facts and position of each respective party; and 3) Copy of the grievance and related correspondence. The arbitration hearing shall be scheduled at a date, time and location mutually acceptable to the parties. D. For any grievance arbitration proceeding held pursuant to this Article, it is understood as follows: 1) The arbitrator shall have no power to render a decision that will add to, subtract from or alter, change, or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the terms of this Agreement, and all other matters shall be excluded from arbitration. 2021-2023 Agreement-Mason County Deputy Public Defenders/Woodworkers Local Lodge wO'RIGINAL Page 5 of 15 2) The decision of the arbitrator shall be final, conclusive and binding upon the Employer, the Union and the employees involved, provided the decision does not involve action by the Employer, which is beyond its jurisdiction. 3) Each party may call witnesses. Such testimony shall be sworn and shall be limited to the matters set forth in the written statement of the grievance, and shall be subject to cross-examination. The arguments of the parties may be supported by oral comment and rebuttal. Either or both parties may submit post-hearing briefs within a time mutually agreed upon. Such arguments of the parties, whether oral or written, shall be confined to and directed at the matters set forth in the written statement of the grievance. 4) Either party may request that a stenographic record of the hearing be made. The party requesting such record shall bear the cost thereof; provided, however, if the other party requests a copy, such cost shall be shared equally. 5) The cost of the arbitrator shall be borne equally by the Employer and the Union, and each party shall bear the cost of presenting its own case. ARTICLE III: RIGHTS OF MANAGEMENT Subject to the terms of this Agreement, it is understood and agreed that the County possesses the sole right to operate the Mason County Public Defense, whether heretofore or herein after exercised, and regardless of the frequency or infrequency of the exercise. It is expressly recognized that such rights include, but are not limited to the following: A. To determine the Mason County Public Defense mission, policies and set forth all standards of service offered to the public. B. To Plan, direct, control and determine the operations or services to be conducted by the employees. C. To utilize personnel, methods and means in the most appropriate and efficient manner possible. D. To manage and direct the employees of the Public Defense Office E. To hire, promote, transfer, train, evaluate performance and retain employees in positions of the Public Defense Office F. To establish work rules and rules of conduct G. To determine the size and composition of the work force and to lay off employees in the event of lack of work or funds. If a layoff is imminent due to a lack of funds or work, the parties shall meet to discuss efforts to preserve the bargaining unit workforce and develop potential alternatives to curtailment. H. Determine the methods, maintenance, equipment, number and kinds of personnel, the job, work, or position content required to accomplish governmental operations and maintain the efficiency and safety of those operations. 2021-2023 Agreement-Mason County Deputy Public Defenders/Woodworkers Local Lodge W38 IAM Page 6 of 15 ORIGINK I. Determine and change the number and locations and types of operations, processes and materials to be used in carrying out all County functions. J. Control departmental budgets and financial policies, including accounting procedures. K. Take whatever actions are necessary in emergencies or exigent circumstances in order to ensure the proper function of the Public Defense Office. Exigent circumstances are declared by the Board of County Commissioners or designee in writing and are circumstances which, through no fault of the employer, result in a situation that impacts safety of efficient operation. L. The Union and the employer will work together to develop and implement a system of Case Load weighting or Case Load distribution that is beneficial to both the employer and employees. ARTICLE IV: NON-DISCRIMINATION Section 1. Neither the Employer, Union, nor any employee shall in any manner whatsoever discriminate against any employee on the basis of race, color, religion, creed, sex, marital status, national origin, age, or sensory, mental or physical handicaps; Except,that such factors may be considered in employment decisions where determined to be a bona fide occupational qualification under the guidelines promulgated by the Federal Equal Employment opportunity commission. Section 2. Where the masculine or feminine gender is used in this agreement, it is used solely for the purpose of illustration, and shall not be construed to indicate the required sex of any employee. Section 3. No employee shall be discharged or discriminated against for engaging in lawful Union activities, fulfilling duties as an officer in the union, serving on a Union committee or member thereof, or exercising the employee's rights as a Union member, or for acting in compliance with the rules of professional conduct as mandated by the Washington State Supreme Court. ARTICLE V: WAGES AND BENEFITS Section 1. Salaries are set forth in Appendix A. Step increases are contingent on satisfactory performance. If an employee's performance is unsatisfactory, the Supervisor may defer a scheduled pay increase for a stipulated period of time or until the employee's job performance is satisfactory. Effective January 1, 2021 through December 31, 2023, each employee shall also have his/her base wage as set forth in Appendix A and adjusted by an across the board (ATB) increase as set forth below: INCREASE 1/1/2021 2.00% 1/1/2022 1.75% 1/1/2023 1.75% 2021-2023 Agreement-Mason County Deputy Public Defenders/Woodworkers Local Lodg 'AINAL Page 7 of 15 OR" Section 2. The County shall pay any court-sanctioned fine levied against an employee where, in the reasonable judgment of the Supervisor, such employee was fined in the good faith performance of his duties. Section 3. The County shall pay the regular, active annual dues to the Washington State Bar Association for each employee covered by this Agreement. Section 4. The County shall provide indemnification and defense of an employee from liability that may arise out of the good faith performance of his/her duties. Section 5. The County shall contribute as below each month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. This contribution is to be applied to premiums for PEBB medical and WCIF dental, vision and life or, with the provision of adequate notice to the County, applied to the premiums of such other carrier or carriers as designated by the Union. Eligible employees are those regular full-time and regular part-time employees compensated for eighty (80) man-hours (excludes vacation, sick and comp time upon separation) or more per month during the calendar year. A. Effective January 1, 2021 the contribution shall be increased to one thousand three hundred sixty two dollars ($1,362) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. B. Effective January 1, 2022 the contribution shall be increased to one thousand four hundred fourteen dollars ($1,414) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. C. Effective January 1, 2023 the contribution shall be increased to one thousand four hundred sixty-six dollars ($1,466) per month during the term of this Agreement for each eligible employee for medical, dental, vision, and life insurance coverage. Section 6. The Employer shall provide an Employee Assistance Program (EAP) benefit for all bargaining unit employees. Section 7. In the event either party is subject to carrier plan design change or a penalty, tax, fine or increased costs as a result of requirements or provisions of the ACA, not within their control, the parties agree to meet and negotiate regarding the impacts of any such cost or plan design impacts and immediately bargain alternative provisions. Section 8. Clothing Allowance: All employees shall receive, upon presentation of receipt, an annual clothing reimbursement of up to five hundred dollars ($500) for professional business attire, not to include accessories and/or undergarments. Section 9. DUI Hotline Allowance: DUI Hotline is for on-call for DUI Hotline Phone service during non-duty hours to be rotated throughout the staff based upon an on-call schedule agreed to by Chief Public Defender and staff. The rate of the stipend will be thirty dollars ($30) per hour for three (3) hours per week for each week the employee is on call. Section 10. Continuing Legal Education (CLE): Attorneys will be provided an annual membership to the WDA (Washington Defender Association) and attendance to the annual WDA 2021-2023 Agreement-Mason County Deputy Public Defenders/Woodworkers Local Lodge Page 8 of 15 ORIGINAL Conference paid for by the County. Additional flexibility in the training budget will allow for up to one thousand dollars ($1,000) annually for the office for training and obtaining CLE credits, in addition to unused WDA training funds, to be used at the discretion and prior approval of the Director. ARTICLE VI: HOLIDAYS Section 1. The following is a list of the annual recognized holidays for employees in the Supervisor's Office: New Year's Day Labor Da Martin Luther King Day Veterans' Da Presidents' Day Thanksgiving Da Memorial Day Friday after Thanksgiving Da Independence Day Christmas Eve Da Two 2 Floating Holidays Christmas Da Christmas Eve may be taken off based on the operational needs of the County and the prior approval of the Deputy Public Defender, and if this cannot be accommodated, the employee will schedule an alternate day with their supervisor's approval. Section 2. Where there is a conflict or difference between either a federal or state designated holiday, the parties may agree to honor either one but not both. Section 3. When a recognized holiday falls on Saturday, the Friday preceding it will be allowed; and when a recognized holiday falls on a Sunday, the Monday following will be allowed as a regular paid holiday. Section 4. Floating holidays may be taken at the discretion of the employee, provided the approval of the Employer is obtained and one week's advance notice is given. The one-week notice requirement may be waived by the Employer. Floating holidays not used by the end of the calendar year during which they accrued will be lost. ARTICLE VII: VACATION LEAVE Section 1. Each regular full-time employee shall accrue paid vacation leave as follows: Years of Continuous Service Annual Accrual 1st through 3rd year of employment 96 hours 4t"through 7t" year of employment 120 hours 8` through 9` year of employment 144 hours 10t"through 11t" year of employment 160 hours 12t" through 14t" year of employment 176 hours 15t"through 16t" year of employment 184 hours 17t"through 19t" year of employment 192 hours 20 or more years of employment 200 hours Section 2. All new employees must satisfactorily complete six (6) months of service to be entitled to the accrual and use of vacation leave. Regular part-time employees will receive vacation on a 2021-2023 Agreement-Mason County Deputy Public Defenders/Woodworkers Local Lodge Page 9of15 0 IGINAL pro-rata basis. Extra help employees are not eligible for any vacation benefits. Employees do not accrue vacation benefits during a leave without pay. Section. 3. Regular full-time employees must work, or be in a paid status, at least eighty (80) hours in a month to accrue vacation for the month. Regular part-time employees must work, or be in a paid status, at least in the same proportion to eighty (80) hours as their regular hours are to full-time employment to accrue vacation leave for that month. Section 4. The first day of the month of hire shall be the effective date of subsequent increases in the vacation accrual rate for employees hired between the first and the fifteenth of the month. The first day of the month following the month of hire shall be the effective date of subsequent increases in the vacation accrual rate for employees hired between the sixteenth and the last day of the month. Section 5. The Supervisor is responsible for scheduling its employees' vacations without undue disruption of department operations. Leave requests shall normally be submitted, in writing, at least two weeks prior to taking vacation leave. Section 6. The maximum vacation leave hours that may be accrued at any point in time is four hundred (400) hours. No additional vacation leave accrual will be added to the employee's vacation leave benefit when the maximum accrual of four hundred (400) hours has been attained. Section 7. Eligible employees will be paid for unused accrued vacation leave upon termination of employment with Mason County, provided that no employee may receive payment for more than four hundred (400) hours. ARTICLE VIII: SICK LEAVE, BEREAVEMENT LEAVE AND FMLA Section 1. Per the Washington State Paid Sick Leave law, RCW 49.46, in accordance with WAC 296-130 and Initiative 1433, the County and the Union mutually agree to comply the with the laws. Regular full-time employees must work or be in a paid status at least eighty (80) hours in a month to accrue sick leave for the month. Sick leave shall accrue for all regular full-time employees at the rate of eight (8) hours per month for each month of employment. Regular part-time employees shall accrue sick leave on a pro-rated basis in proportion to the number of hours the part-time employee is in a paid status during the month as compared to that required for a full-time employment. Sick leave cannot be taken before it is actually earned. Sick leave accrual may not exceed one thousand two hundred (1,200) hours. Usages of sick leave shall be consistent in accordance with the Washington State Paid Sick Leave law, RCW 49.46, WAC 296-130 and Initiative 1433, the County and the Council mutually agree to comply with the laws. Authorized uses of sick leave may be utilized for immediate family as defined below: "Immediate family"shall be defined as persons related by blood, marriage, or legal adoption in the degree of relationship of spouse, registered domestic partner, grandparent, parent (biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), sibling, child (biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless or age or dependency), grandchild, in compliance with WAC 296-130-030 2021-2023 Agreement-Mason County Deputy Public Defenders/Woodworkers Local Lodge W I Page 10 of 15 "AL and RCW 49.12.270 (or subsequent statutes) and other persons with the approval of the Employer or designee. Section 4. A written certificate from an employee's medical provider may be required when the employee is absent for a period in excess of three (3) days or when a pattern of sick leave use indicates possible sick leave abuse. To the extent allowed by law, the County also may request the opinion of a second medical provider, at County expense, to determine whether the employee suffers from a condition which impairs his/her ability to perform the essential functions of the job. Section 5. Sick Leave Cash Out: Employees hired before January 1, 2011, shall receive payment for unused sick leave upon termination of employment with fifteen (15) years of continuous county service; or upon termination of employment with Mason County when the termination is contemporaneous with retirement from an applicable Washington State Public Employees Retirement System; or upon the death of the employee, in which case payment shall be made to his/her estate. Employees hired on or after January 1, 2011, neither they nor their estate shall be eligible to receive any cash out of the employee's accrued sick leave upon separation from county service. Section 6. Sick Leave Adjustment for Worker's Compensation: A. For a period of absence from work due to injury or occupational disease resulting from County employment, the employee shall file an application for Worker's Compensation in accordance with state law. B. If the employee has accumulated sick leave credit, the County shall pay the sick leave difference between his/her time loss compensation and his/her full regular salary unless the employee elects not to use his/her sick leave. C. Should an employee receive Worker's Compensation for time loss and he/she also receives sick leave compensation, his/her sick leave accrual prior to the time loss will be reduced by the total number of hours he/she was on sick leave minus the number of hours at full salary for which he/she is paid to the nearest hour. D. Until eligibility for Worker's Compensation is determined by the Department of Labor and Industries,the County may pay full sick leave accumulated, provided that the employee shall return any subsequent over-payment to the County. E. Should an employee apply for time loss compensation and the claim is then or later denied, sick leave and vacation leave may be used for the absence in accordance with other provisions of this rule. F. Nothing herein pertains to a permanent disability award. G. If an employee has no sick leave accumulated, or has exhausted all sick leave, vacation leave, or comp time, may be substituted. Section 7. Bereavement Leave: The County will provide regular, full-time and part-time employees with paid bereavement leave for up to three (3) days in the event of the death of an immediate family member. Two additional days chargeable to accrued sick leave will be granted at the request of the employee. Immediate family for purposes of bereavement leave includes only the employee's spouse, parent, grandparent, child, grandchild, sister, brother, grandmother- 2021-2023 Agreement-Mason County Deputy Public Defenders/Woodworkers Local Lodge W38, IAM UHAWRAL Page 11 of 15 in-law, grandfather-in-law, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, aunt, uncle, nephew, or niece. Section 8. Family Leave: The County and the Union mutual agree to comply with all State and Federal Family Leave laws (FMLA, RCW 49.78), whichever is more advantageous to the employee Employer will grant leave consistent with the FMLA and the adopted conditions and provisions of the state and federal law and are not intended to expand upon the rights thus set forth If an employee has any questions regarding the State and Federal Family leave laws, they may contact the County's Human Resource Department for guidance. For purposes of this Article, the definition of"immediate family" will be found in Section 3. Matemity Leave - Consistent with WAC 162-30-020, the Employer will grant a leave of absence for a period of temporary disability because of pregnancy or.childbirth. This may be in addition to the leave entitlements of FMLA. This leave provides female Employees with the right to a leave of absence equivalent to the disability phase of pregnancy and childbirth. There is no eligibility requirement, however, the Employer has no obligation to pay for health insurance benefits while on this leave (unless utilized concurrent with FMLA or otherwise entitled under disability or sick leave paid status). Leave for temporary disability due to pregnancy or childbirth will be medically verifiable. There is no limit to the length of the disability phase, except for the right for medical verification and the right of second opinion at the Employer's expense. At the end of the disability leave, the Employee is entitled to return to the same job or a similar job of at least the same pay. Employees must use their accrued sick leave and vacation, if any, during the leave period and, at their election, any accrued comp time. Once this paid leave is exhausted, the Employee's leave may be switched over to unpaid leave. Section 9. Military Leave: Employees enlisting or entering the military service of the United States, pursuant to the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) shall be granted all rights and privileges provided by the Act. In addition to benefits granted under USERRA, Employees shall be allowed military leave as required by RCW 38.40.060 and as interpreted by the Court. This provides for twenty-one (21) working days of military leave per year (October 1 through September 30). Section 10. Leave Without Pay: Except in the case of Family Medical Leave Act related leave (and/or other protected leaves), an employee may be granted leave without pay with prior approval of the Supervisor or designee. ARTICLE IX: CIVIL LEAVE Section 1. Jury Duty: The County provides all employees leave for jury service. Regular full- time and part-time employees who have completed their probationary period receive paid jury duty leave each time they are called for jury service. Payment provided by the courts during periods of paid jury duty leave must be paid over to the County, excluding expense reimbursements, such as mileage. You must provide your supervisor with a copy of the jury duty summons as soon as possible after receiving it. Upon completion of jury duty, you are required 2021-2023 Agreement-Mason County Deputy Public Defenders/Woodworkers Local Lodge W38, IAM Page 12 of 15 OKa I INA to provide your supervisor with proof of jury service. Employees who have been released by the court during their period of jury duty service may be required to report to work. An employee who is called to jury service for a matter which is discovered to be likely multiple- week litigation agrees to ask to be excused from such service on the basis of hardship to the Employer. Section 2. Witness Duty: All employees summoned to testify in court are allowed time off for the period they serve as witnesses. If you are paid by the County for time you are testifying, payment provided by the courts during periods of paid witness duty must be paid over to the County, excluding expense reimbursements, such as mileage. In general, witness duty leave is paid unless you are a party in the case. ARTICLE X: LONGEVITY Section 1. Longevity: Employees shall receive longevity pay (commencing upon completion of their 5th year of service) in addition to their base pay as set forth below: Continuous Years of Service Monthly Amount 6tt through 10th Year $65.00 11th through 14th Year $90.00 15th through 19th Year $130.00 20th through 24th Year $150.00 25th Year and Over $165.00 ARTICLE XI: SAVINGS CLAUSE Should any clause of this Agreement be found to be in violation of any law, all other provisions shall remain in full force and effect. If any provision in this Agreement is determined to be invalid, the parties shall meet to renegotiate the substance of the provision if demanded by either party. ARTICLE XII: DURATION This Agreement shall be effective upon ratification, and shall remain in full force and effect through December 31, 2023, by mutual agreement superseding previous Agreements in term and effective date. Either party may commence negotiations of a successor agreement by filing written notice to the other party pursuant to the provisions of Chapter 41.56 RCW. 2021-2023 Agreement-Mason County Deputy Public Defenders/Woodworkers Local Lodge W IAM Page 13 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement this Day of 2020. BOARD OF COUNTY COMMISSIONERS WOODWORKERS LOCAL MASON COUNTY LODGE W38, I.A.M. Sharon Trask, Chairperson Brad McQuade W 8 President Randy Neatherlin, Commissioner Kevin Shutty, Commissioner Peter Jones, Deputy Public Defender Tim h-itehead, hief Deputy Prosecutor 2021-2023 Agreement-Mason County Deputy Public Defenders/Woodworkers Local Lodge IAM Page 14 of 15 W3 , I N APPENDIX A — Salary Table 2021 Reflects 2.0%ATB increase Note: Numbers may vary slightly due to rounding in MUNIS CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 DEPUTY PUBLIC DEFENDER III $6,998.42 $7,173.64 $7,353.61 $7,537.07 $7,725.19 DEPUTY PUBLIC DEFENDER II $6,185.79 $6,341.01 $6,498.62 $6,660.91 $6,827.92 DEPUTY PUBLIC DEFENDER 1 $5,081.54 $5,362.57 $5,589.56 $5,742.46 $6,035.28 2022 Reflects 1.75%ATB increase Note: Numbers may vary slightly due to rounding in MUNIS CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 DEPUTY PUBLIC DEFENDER III $7,120.90 $7,299.18 $7,482.30 $7,668.96 $7,860.39 DEPUTY PUBLIC DEFENDER II $6,294.04 $6,451.98 $6,612.35 $6,777.47 $6,947.41 DEPUTY PUBLIC DEFENDER 1 $5,170.46 $5,456.41 $5,687.38 $5,842.95 $6,140.90 2023 Reflects 1.75%ATB increase Note: Numbers may vary slightly due to rounding in MUNIS CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 DEPUTY PUBLIC DEFENDER III $7,245.51 $7,426.91 $7,613.24 $7,803.17 $7,997.94 DEPUTY PUBLIC DEFENDER II $6,404.19 $6,564.89 $6,728.07 $6,896.08 $7,068.99 DEPUTY PUBLIC DEFENDER 1 $5,260.95 $5,551.90 $5,786.91 $5,945.20 $6,248.36 2021-2023 Agreement-Mason County Deputy Public Defenders/Woodworkers Local Lodge YV38 IAM Page 15 of 15 ORIGINAL MASON COUNTY AGENDA ITEM SUMMARY FORM To: Board of Mason County Commissioners From: Wes Stockwell Action Agenda: X Public Hearing: Other Department: Coroner Ext: 752 Commission Meeting Date: January 5, 2021 Agenda Item # 6--+ (Commissioner staff to complete) Briefing Date: January 4, 2021 Briefing Presented By: Wes Stockwell [ ] Item was not previously briefed by the board Please provide explanation of urgency Item: Amendment to Interlocal Agreement for Pathology Services between Kitsap County and Mason County. Background: Mason County contracts with Kitsap County for all pathology services (autopsies, imaging, toxicology). This document extends the current Interlocal Agreement for 3 years. Recommended Action: Approve the amendment to the Interlocal Agreement for Pathology Services between Kitsap County and Mason County. Attachment(s)• Interlocal Agreement KC 327-19-A Agenda Summary 1/4/2021 KC-327-19-A FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR PATHOLOGY SERVICES BETWEEN KITSAP COUNTY AND MASON COUNTY This FIRST AMENDMENT ("Amendment")to the Interlocal Agreement for KC-327-19 is made by and between Kitsap County, through the Kitsap County Coroner's Office, ("Kitsap") and Mason County ("Mason"), both political subdivisions of Washington State. In consideration of the mutual benefits and covenants contained herein, the parties agree that their Agreement, numbered as Kitsap County Contract No. KC-327-19 ("Agreement") executed on January 13, 2020, is amended as follows: 1. Section 6. Effective Date/Duration.. The Agreement is amended to extend the term of the Agreement for an additional three (3) years to December 31, 2023, unless terminated or extended. This Amendment is effective on January 13, 2021. 2. Section 5. Compensation. The compensation is $82,500 each year, which is subject to increase annually pursuant to RCW 43.09.210 to reflect the true and fair value of the services provided. 3. Insurance. If this Amendment extends the expiration date of the Contract, then the Contractor shall provide an updated certificate of insurance evidencing that any required insurance coverages are in effect through the new contract expiration date.The Contractor shall submit the certificate of insurance to: Kitsap County Risk Management Division, 614 Division Street, MS-7, Port Orchard, WA 98366 4. Terms Unchanged. Except as expressly provided in this Amendment, all other terms and conditions of the original Agreement, and any subsequent amendments, addenda or modifications thereto, remain in full force and effect. 5. Counterparts. This Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitution one and the same agreement. 6. Authorizations. The signatories to this Amendment represent that they have been appropriately authorized to enter into this Amendment on behalf of the party for whom they sign, and that no further action or approvals are necessary before execution of this Amendment. Signature on next page Page 1 of 1 Dated this_day of , 2021 Dated this_day of , 2021 MASON COUNTY CORONERS OFFICE KITSAP COUNTY CORONER'S OFFICE WES STOCKWELL, CORONER JEFFREY WALLIS, CORONER Dated this_day of 2021 Dated this_day of , 2021 BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON KITSAP COUNTY, WASHINGTON RANDY NEATHERLIN, Chair ROBERT GELDER, Chair KEVIN SHUTTY, Vice Chair EDWARD E.WOLFE, Commissioner SHARON TRASK, Commissioner CHARLOTTE GARRIDO, Commissioner ATTEST: ATTEST: McKenzie Smith, Clerk of the Board Dana Daniels, Clerk of the Board Page 1 of 1 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda x Public Hearing Other DEPARTMENT: Support Services EXT: 422 COMMISSION MEETING DATE: January S, 2021 Agenda Item # 8.8 Commissioner staff to complete) BRIEFING DATE: January 4, 2021 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Interagency Contract between WA State Department of Corrections and Mason County Jail Background: The purpose of this contract is to establish a rate paid by Department of Corrections to Mason County for services housing newly sentenced felons not transferred to State Corrections because of proclamation 20-80 suspending the transfer of these individuals to State Correctional facilities due to COVID concerns. The rate is slightly higher than the normal rate paid by the Department of Corrections for inmates in County Facilities under current contract. RECOMMENDED ACTION: Approval for a contract with the Department of Corrections for service fees related to newly sentenced felons not transferred from County Jail to State Prison from December 17, 2020 to January 7, 2021 Attachment: Department of Corrections Contract INTERAGENCY"CONTRACT PURPOSE, On December 17 22020 'Governor inslee issued Proclamation 26,80, DOC — Prison 'Commitments The prpdamahontempoxarilysuspehdsthe transfer of newly:seriterEcedfelons°-from county`Jails. to Department of Corrections'" facilities. This Contract is .entered into.ly County". (hereinafter Contractor.or County),arid the Department of.Correcti.ons.(hereinafter Department:or DOC) to,establish,^a temporary per diem rate...'effective during i is temporary-:suspension:and Contract term..This''Contract is e itered into ih.accordance wii the provisions of RCVIf"3'9.34,:and In cons%deration of;the pron,ises,.payments)covenants:and,an eements contained in this.Contract the parties agree as follows:. Arfide f DEFINITIONS Se tion'I 1 Contractor—mea.ns thee.County 0 Washingto.,n.State named in the signature block of th s:Contract and: is employeesjicensed practitioners,contractors,vendors;and,volunteers. Section 12. Contractor uiniate means any resident of. the Facility who ;is riot:under the ,jurisdiction Qf'the'LDepartinent. Section 1.3 DeWirient or DOC.— means. the, Department ,of .Corrections: of: the state of Washington; any division,:section, office, unit or other,entity of the Department,or any of';the ,off icers,or other officials lawfully representing the Department. Section A Department Offender means an individual:housed at a County facility pending transfer to a s#ate prison receti. center ThisIncludes:court sentenced.felons,:DOC 5'anctioiiecl individuals fora prison DOSA.return,oi'coinrriunity ciistodyprison returns. Section 15 DOQ Util zation<_Management'Office—means,the Department.s;medical contract thatyeceives,reviews,anti approves Contractor's non-Formnlary'and extraordinaiy:niedical care requests to providenecessary nedical.care to Department offenders.The Nurse'Desks;avalable telepYfonically;24 hours a clay,7 days a w4eek at`360-725=8733 and during normal business hours via email:ati'NtarseDeskca)DOC1'wa.gov. Sectipri i6 Extraordinary medical care ans in. edically necessary psych atr c o>"dental care. me that is not rommbnly available throughl a Facility's healWh's vrees and ine"ttrs,addition41 cost: Sechon:l 7 Faeili -;meanss the`Contractors non-Department:openii6d correctional facility used for"the iotal.conknement -of:Department;Sentenced Felons,and::Contractor.inmates.. State of tNashfngtori 'K Fade I:of.17 Deparfinent ofCorrecfiom Section'1.8 Formulary=Medications in this.category=y be"prescribed when medically necessary'accord.frig to the.-HealthIlan(OPH)ancl.require.:r o;farther approval for use. The .O.C, Pharmaceutical Mahag-'-meat and:Formulary Manuil:.can be. iewed,:at '`htt ; doc.wa. ov ix mess ealtheare roviders default.as` Section 1.9 In-Facility care-means_medical,mental,health and dental care provided as.part of the per diem to include all over-the-counter:medication, which"is:any medication that'does riot require a prescription,:arid routine medical supplies,, routine medical/psychiatric/dental .care; regular Health screenings,"and emergent medicaI,treatment;provided on-site:at the".facility that:is undistinguishable from services.provided to Contracfor inmate.§;- Section 1.10; U&nsed pitutitigner Means ai y licensed health care practitioner performing services within the,person.s authorize.d scopeof practice'in accordancew th.TZCtN Title 18: Section];1:1, Medicaid-means Title,,M of the Social Security Act enacted by the social:security amendinertts of 1965.(42 U;$.C.See.1396;79 Siat:,343); as.amended. Section 112,: Medically necessary care means medical care that meets 'one. or more of the following criteria for a given patient at;a given time:. Section 1;127. Is essential to,life`or preservation of 1%iinb,OR: ,SeOidjril.112 Reduces intractable.pah-.t OR. Section"1.12.3` Prevents'sigriifiearit.deterioratioii of activities of daily living OR Seetion 1.12.4 Is.;of proven,value to significantly r-duce the"risk of arie of the#hree. outcomes above(e:&certain immunizations),;OR_ Section 112:5 Immediate intervention;is not:medically necessary.,.:but delay of care 'would;make future.eare or'intervention,.foi intractable;pain;or preservation of-AD Ls signlficantly:more:dangerous,=complicated,or.s griif aantly less likely to succeed,.OR, "Section 1126 .Reduces severe psyeliiatric.symptoms to a degree that permits: engagement in'Programming that_advances:"correctiorial interests;OR Section:1.1:2.7 :Is described as,part of a LDepartriiental.policy or health care protocol.or guideline.and delivered°according.to such policy,protocol;o.rguideIine,OR Section 112:8 From a public lealtli perspective,zs necessary for Elie health and;safety,of a 'community of individuals: and" is medically .appropnate,: but .may not be; medically necessary for the individual(for example,:treat menttfor head lice); ;Section 1.12 9 Not considered,experiinentat or tab@;lacking iri medically re"eogri zect `professional docuinentation of efficacy;and, Section 1.1210 Not administere.d.solely for the convenience of the:Sentenced.".Felon :or the Health care provider: Section 3.13 Offender day—means any".day,,:including the firstday that a Sentenced Felou is>M,. State of`Wgs K 8t.on Page 2 of 17 Department of Corrections custody in,the Contractor`s Facility: .Section 113;1 An Offerreler day:ends at axtidr fight o f:the day iinrned�ately preceding the day ofthe Sentenced Felons:trar►sfer to a DOC recepti+ n center 9ectxon 1.13 2 An.O.fiender day`shall rxcxt include any day°that is b state l'aw the'finani al respomibility of Ihe Coritractor�or:any ofher'l-wisdiction Sectia 114. 11g,diem rate,-means theamount per day that the.Department will reirnlaurse:.the Contractor for hous xtg each.Senterfced,Felon.:Housing includes all ifieTadlit y care,�n .0 mg 1?ut not limited to, all aver the counter.,, 03c,ations medical,supplies;medical;:zxiental liealthk,dentait food,.and clothing, that are.tlie same cix similar::than.ttiat.provided to Contractor`inmates.: $eC40*jl5: :Secrefar means,theSeeretary o'k e:Deparimertt and delegates autliarized.in `writing to acfi:on#heSecretary`s behalf: Section 116 :Sehtenced'Felon-means an:individual'sentenced by acoutt~of law to state.prisan undertDOC jurisdiction.far sentences of more'than 3M'days.and individuals sanetioneci,to return to confinement Sentenced Felorts,are temporarily defamed in County jail until transfer to a",state reception center by l?OC ran;be arranged. Set fitori 1:17 Washington DOC,Health.Plan;-.means the;Depar€rrtent's Health Plan 4IM that ,describes .the. medically :necessary mnedical, mental health, and. dental; services available :to: Department.offenders,,as well as the services-that are limited or not available The.,HP;is.neit a contract ar a guarantee ofsetvices.io:DOC,,Sentenced Felons. Article'Il CONTRACT TERMIPAYMENT Section 2r1. Coritract'Term: This. Contract .commences, on December ,.21r 2020, aud''. continues tiixaugh,jantrary 8, 2{121.. This, Cofitraet:rnay lac eittencletl by rn+?ans of a written agreement that is signed by an. authorized represetta e of each patty to= flip Contract:"This Contract supersedes all previous oral n written contracts and agreements:between the parties ;relating to the confinerxtent,.care,and-treatment:of,Department Sentenced Felons. Section2.2 Termination Vue to Nan-ARpropAatibn of.Funds. The terms: of: this CoritraO are contin, ent upon sufficaent,appropriattons`by the::Wash ngton State.Legislature to they Departnent:tfl pay sums pursuant to this co act. If#he:Legislatuze does;not:allacatesufficient appropriations,this Contract shall.terininate iin`tediately,without penalty and without the zoo:"tire: .period. The Department is financially responsible for'payments:to the County for the services provided to 13efif6 d.FeI6ns prior to contract termination, `Section 2.3 Billne Section III Per Diem: State of WastttngCon K Ian 3 of i7` 'Department of corrections a. For Prison DOSA and';CCp returns,the Contracto will be paid the, current negotiated v,,iol'ator rate through the-7m da of confinement,. B.eginriii g on the 81h lay,the C.ontracfiar will be'paid.$93:71 t;the contracted per diem rate under,this Cpntraet. b. Beginning on the 8'h:day,-tl e Department will pay.Contractor the per diem rate of an.mety=three dollars.and seventy.-one cents ,.($93.71),fora . DOC Sentenced Felons who are.not:Prison.DOSA,or CCi'return s. Section 2.3:2; The;C.onfiractor will not bill the DOC,and DOC will not pay;for any bed;day 'that is the financial responsibility of.. other.,jur diction;for.exampiedays 1—7,:beginning;on the.dat of Court sentencing,.afthe Sentenced Felon's stay at the County faci.lity,- ( e RCW,70.48.4101 Section 18.3 TM,Contradbr:will only bill,the`DOC for bed-days that were..used'`by D.00 Sentenced Fel6n8.,during the Contr`actterm arid billable per RCW;70 48 410. ;Section 2.3:4 The.;Contracfior will submit itefn aed'bills`to the Departrnenfi electronically using,Attachment D for per diem reimbursement. 5ectaxi2.35: Medical Billin" ith required documentation,(See.Attachment"B)the Department4 Reimburse.Contractor for tl e1ollow.ng medical services.. when provided to DOC Sentenced.Felons on.or after the 8th clay'at Contractor's::facili y' A. Off situ Medical Cos#s to include physician visits.. and hospital emergency services;.for care provided to specific`DOC Sentenced Felons, only iuhen.the Contractor furnishes the documentation.._:required. (See Attachment BPre-Authorization; "and.Medical Billirtg:IF structions and Attachment C;SampleMedcal Billing Reimbursement Form) b. T ansporf fo"Hospital, reimbursement °only when documexttation "of transport to hospital fox emergency m.edical.services is provided. Article III. RE PPONSIBILLITIES Section,11 Target Populatiom The. target.populations. under:this Contract are Sentenced: Felons; DOC.'sanctioned individuals for;a,prison.DOSA.refiurn, or comznuriity custody prison returns. Section'32 Housiio. The Contractor will take members of,the Target:Population into: custody pursuanfi°to this; Contiact ;Such uidividuals.:may be integrated>:vith`fhe Contractor's inmate pc&jation,as allowed by law,regulation,:and ordinance.. Section 33 Transportation to DOC`:Reception Cent er Section 3 3.1 Due to a ::state-wide, surge in: Covid-19 infections 'and puisuant to Proclamation 20M, DOC Prison Commitments; the Department is: suspending *regularly scheduled transfer of.Sentenced Felons, from"the: 'State of V+ologton. K Psage 4 of 17 Department of Corrections County .to a DOC reception: center, lbt one {I :week only, December 21 through.25,2020. Tlie Departme'rit will.xeturn Eo its,reguIar every-othex=week pick=up schedule bi JahbAr-y: j 2021 When DOC "transfer'i� resume, the Couzity�s pick up:day will;be the:same`day of the; that it'was I efore'the gne=week"suspension,unless, during the week<of January 4 throe i "S,2Q21, the increased numbers of Sentenced Felons. to be. transferred necessitates ;scheduling an,additional transfer fromthat facility If an'additional transfer is.needed the the;,p rhes,will mutuaIly;agree;to a tray sfer d. e la,0, atday gr on another daylater that same3week SOctron.3.3.2`Contractor will not send DOC:Sentenced Felons from.its facility to any%othe County Jail.nor receive DOC Sentenced Felons:from another County Jail.ii to its own.facilty.durig,the term;nfthis Contract. ;Section.3.3.3 Contractor will provide fhe Department's two reception eeniers,Washington ,Correections, Center"and Washington Corrections Center fob Worrien, with advance lists of :their .ioming admfssions .by 'the .close; of lausiriess: cn December-23 2020 and December 30,2020. Section.14 Public Records: Both parties" ,agree to comply with Waslungtori State's Public Records Acts RCW 42 56 040 through 42 56 57p(Act) The Act.requires each party tamAe available for uispection-and copyin-g:.noriexempt 11public records:" 'A"public;record"includes any"writing contairi�ng- information relattng to the:-;conduct of :govpri merit ;or the" perfoixrtance of. any goverrimemal.or proprietary fiinct o`n prepared,owneel, used;or retained"`by the party:irt acco=d with RCW 42 56.070"M. Section 3 5 Medical Care. Tt is°:iho intent of the parties that Sentenced.Felons mi ,the"; Contractor'.sfaaIity;receive safe,appropriate and cast-effective medical",care consistent with.the care provided.to;Contractor inma#es m.tl e facility. :Piease see the DeparEirient sHealth Flan,and: Attachment Bf Pre-Airthcirization:and Medical B,lling Instruct ons;for details. Section :51 'Contractor:Ttespon4lbilities.. 3.5AA The:Coritraetar will provide Department Sentenced Felons u1 its:facility with.care that is.identical to the care:provided to Contractor inmates. The CQr tractgr Mill provide;Wenty-.our.M hour access,to:emergency medical e: dthos ostef , mlyapcar m propriate .mthgds of traiisportationanti.secxirityfor all Sentenced Felons taken olxt.of the Facilifjr fox Off=site.mtedical care; _ 3:S t2 `Beginning on.d'ay 8, the Contractor is not required to call the..'DOC 24J7 Nurse Desk for pre-authorizatiore for'off"site:riiedical v�sxis gr trips to the: Hospital fora medical emergency TheCgntractor rs:hoyrever,.as a courtesy, asked to inform the DOC Nurse Desk, NurseDesk docl::wa:zov or (3&fJ} 725=8733,as soon.as possible when a"DC7C Sentenced Felon;is taken off-site for.:xnedical:care, State;tif`irvashington IC Rage 5 4 I Department of Ctirrec S 3.5.1.3' Following:the OHP and consistent with RCVI 70 4$;130( ),the.Department.; does, not`eonsidei experimental or elective procedures to, be medreally necessary,fine Department will not xe mbt rse for elective or experimental; medical-procedures:: 3.5.1.4 TheDepartment will not be responsible for the payment.of,or for,medical care required-, as a result o.f,any tort,committed by,,the Contractor, or:its employees,;:or by its agents,cbitracttirs,ven�cirs,az volunteers in the.eourse of,theiT,providing servioes to Department Sentenced Felons, or for care which could have fo"reseeablybeen prevented. 3.5.LS. The;.Contractor will be financially responsible_for- medical costs incurred dueto the.negligent.acdon 6k inaction of Contractor's employees: Sec6n 3 5 2: Department Responsibilities 3.5.2.1 Beginning oit.the 811i day that-a Sentenced Felon is;Housed:in Contractor's facility.the Department will :be fiit'arcially responsible for extraordinary inedical care provided to the sentenced Felon,provided:that.it is consistent with this..Contract:and the HP:. 3:5.2.2 Beginning on the 8th day that•a Sentenced Felon is housed in Contractor's facility -.the: Department will :be financ n ea , h ost of prescrrptii medications adi iiriistered:to that individual. the Department will_not bg responsible for the..cost of any over-the-cgtxrtter.medications': .3:5:!.3 If't1te:Sentenced Felon is under:the,exdustve jt risdidian of.-the Department, then.the Departmentin authorize iiii lieally necessar ,, car e:,H' wevet. f it is. later determined that another jurisdictions) ;or entity is financially responsible;then;the:Departn eritffiay not pqy for=part.or all cif the costs associated with the,medicallynecessary care. Section 3s5:3 Safe°Transfer of Care. 3;5.3,1. HIPAA—Both parties,agreee,tea follow the Health lrisarar►ce Por:tabilib arid. Aceriuntabilrty Act of 1996- (H1PAM, HIPPA protects the privacy.of individually aentlfrable protected `health inforniatioi: It allotivs the exchange of this;information between.the'Department and the Contractor for the purpose. of billing, and, payment. This allows the Contractor to Provide the Department documentation of: the Department ci#fencfer'.s health inftirinati' and Contractor's: treatment activities so :first the Contractor can receive.;reimbursement under this :Contract far.' costs of health care`provided to Departiieiit offendersSee CR 45 S 164.5C}6, f3TI'PA also clarifies;the's.tandarcl.for use.and disc losure.for.correct onal.iiistitutions and other law.enforcement cus#odiaT situations in CpR 45.q 64,5 2 State of 4Vasluri on' K. page 6.of 37- Department of torrectionl 3 5 3 2 The.C.ontrador agrees to consult with-, h : Cecepton:nc fyI � : center or ipnson receiving the:,Sentenced Felon and .to pravrde records; current care:instructions;:and'all.appropriately labeled inedicatiblia to the Depa tmei t at the time dMepartment transfer Set.t I Ji I On 1 5 4 Medical B 11rn&Contractor.medical.casts.incurred far a Senteneed,Felon's medicaLcare no rncludeci i.n fhe per diem tate iriay be reirnbuised by the Departrne rt eansisfent-,with this Contract:.;(See Attachrent B.Pre-authanzation and Medical Billing Instructions and-Attachment C,Sample Medical Billing'R imb4rsem64t Boren:}. Each itemized bill must confiain the':Senteneed Felon's name;and suppertuig:doctxmen taticzn`of the service provided that includes date(s).of::service,name-of the practitioner who ordered the service,-details of the.service/itern(s) :proAded, prescriptions(s) .provided, the facihty(s) that pxovided;.the service(s); and.a copy of any health;'care clairiis paid.to.'i ff site pr Wiclers.: (See Attacliirient`.C;Sample!Medical Billnig 12O" buxsement,Form) All ieimbursements claims:must also include documentation shgtiving.proaf of payment by :the Contractor If billings.receIV6d.,do riot contain the detailed iiiformat on or supporting docurzients required,'#hey will be returiaed'to the:Contractor and not processed.. Tice Contractor`will.submit iteniized bills f or medical sere ces to DQC t ithin 365 days aftet. the dafe of service Secfi'on -.6 Contract Coordinator: Each party will"identify'a cootdinator'who:is resporisibleIbr ,administering the Contract;;on behalf of:that party. Fo c'UC)C Greg C)Iivei,Viotafor Manager,CC»,_�joliverCDOC1.WA.GfJU.:3Gi}:584.32 2 Poi Couriiy. (ihsdrt nameAhle:email&-plig Section 3.7 Offender 'Proeramis. DOC Sentenced Flora$ :will riot ktave. access to ;any ;programming;that Contractor may, provide to its.own.irimates. Section 38 Oner►fatai: Upon arrial.at the Faciliy, it riot provided prior tv:sentencing,file Contractor:wll fingerprint and.proyide ari orientation for Sentenced Beloris. This inusfi inclucle'1j' facility'rules antl,('lisciplina y procedures,2)medical care a A, abili y and�)visitation xu es. Section 3,9 Q.othnp,,,r Section 39.1 Clothing andbedding for Sentenced Felons will tie provided and maintained IA accordance with;the:Facility's policiesc Section 3 9.2. `The"Contractor will-furn'isli climate appropriate:outerwear;comparable to that provided to,Contractor inmates., Section 3":1(I Prbgrammirig The Contractor°will not be responsill a for.I <JC intake assessineitts dr correctional programniirig Those responsibilities.wll rennan with.the Department: 'Stateaf'W:,aWngton. K Page of17 Ilepartrnmt of Correction Section 3.11 Death of art.Offender, The Contractor,will iri irtediately notify the DOQ.Contract Coordinator cif the death:oi any Settteneed Felon. Thee,.Cortractor: will prov'de the,:De partFnent with-certified copies of the Sentenced Felori`s':death certificate. Sectioia 3.12 Esca e. The.Contractor.will inunediately notif the.DO CC' bntractCoordinator if:a Sentenced Felon escapes. Article:IV PERSONNEL. $.etdon 4A Indevendent Contractor.. Each."pasty to this Contract will perform its "duties hereunde�as;an.independ,rit cbht'ractor and oat as ari employee;of the other party. Neither the Contractor ri or any agent or employee o f the Contractor.shall"be deemed to be an agent.or employee of the Department.. Neither the Departnientnor any, agent or"ernplpyee of the Department shall be deemed to be an-agent.or,.employee of the Contractor; .Article V MISCELLANEOUS` Section 5.1 Existijng State iawi This Contract will not be construed.to alter the responsibilities of the Contractor or the. :Department with regard: to the.legal and ,f scat responsibility Joi corifirceiiteitlhare,and treatment of Sentenced Felo under state; nsiaw.. Section 5,2 Disputes.- Disputes between the parties,will: be: handled between the contract coordinators:for botli.parEies. If an agreement tlat"is satisfaetory"to bath parties:cannot be reached then the dispute wilt escalate.to the.next highest.level. If still not resolved, then each party will determine-the.position in'.eaeh organizatidri to which the dispute xnust be escalated for resolution: `Nothing in this Me n f intended 9.limit either party access.to any and.all.courts of lalw of this state,or country'. .Section S 3 E-qual Employment Qpporttdi jb. The parties ascribe to :the principles:of equal ernployrnerit.opportunity..Heather is,xespvnsible for ensuring that°:the other fi n.coritpliance with equal;ernployinentstatutes�br policies: SecEdn 5.4 Invalidity and Severabil i�L. The terins of this"Contract are'severable and-should any term ar provision Hereof be declared invalyd or becarrte"inoperative:for;any reason, :such invalidity.or failure shall nat affeet the validity of anyother term or provision hereof. Ire the_event ihat;any provision of this Contract is.held invalid,that provision"shall be null and void. However the.validity of the remaining provisions of the Contract:shall notIbe af#eeted,thereby.; 8ecfion"5,5 Turisdiciionand Venue. The laws bf the State of Washington and the rules and regulations issued :pursuant thereto shall .lie applied in the: interpretation,, execution and enforcement of this Contract. Ventre.:; for any .legaal action related, to. the :performance: or; :.interpretation of.this";Contract shall be in the Supenor Court i.n Thurston"County;Washington ;State of Washington. K Page 8 of '17 Depart rent of.Corrections Sectian.S.6 SCope of Contract: This`Contract and anyappendices or exhibAs to Lt i4corporate all, the contracts, covenants, and urdsfandings on tract or understandings, vexbal or:otherwise,,of the parties aY'fheir agents shall be valid cir' enfbreeable unless.einbocled inthis Contract. ,Thus Contract shall not be:al#erect,clYanged,or amended except by mut ial:consent of the parties:in wri#ng;.. :Section 5.7 :Compliance with.A.pj�lk4ble I:aws. The parties agree:at all`t1ni es .:._during;the performance of their ob aftons:uxider finis ConEract:to.strrotty adhere to:all:applicable federal:and state lags and regulations. THIS:CONTRACT,consisting of seventeen 07)pages and four'(4j attacku ients,'is exeetited.by the persons sigivrigbe&W*.ho wafrarit that theyhave'the authority to-execute fhe Contract: Akova o (insert pgm.e.o, COUNTY WA,,W. STATE; DEPAI�tl1�1ETVTOFICORRECTTONS Inserfprinted name Sc Date} .Debra Eisen% Date insert title Contracts A,i : nistrator Tim Lang,Senior Assistant Atforney Genera Approued by The;Office of.thie W,A State Attorney General I3ecembet 18,2020 state of Washrri on 'Department o(Corrections FOR COUNTY USE PLEASE.FORMAT AND USE THIS PAGE FOR COMMISRONER SIGNATURES AS REQUIRED BY YOUR OWN JURISDICTION Stat :of Washin ton. k Nge.10 of17 Department of:Corrections. Attaclunent A. DOC Contact'`Informativn DOC.:Contract Coordinator Greg Oliver` ■ Contract concernsJissues Monday-Friday(.eXcept•Holidays);8;00 am5 00 pm Death Of a Sentenced Felon ■ "W6&360.7254043 ■ Escape. After hours*/holidays 3f Q=584-3202' ■ :gregory.ol ver doc.wa.gov Medical Issues DOC Nurse Desk-:24�7 Inform. of ,extraardlna y ;or offAite 360 725-8733 medical care thatoccurs. Additional.cantaet:during business.hours; • ;NurseDesk@doclwa gov + Fax::,$' 5s6 9060. Medical Billing_ Medical:Disbursennent.Unit Requests'-for:reimbursement'for:aff= _ DOCHOMeaicalRAB@doel:wa.gov site and emergency medical care not ■ 360-725-8298- included in the d em.rafe: ■ Faxi;860 586-i:32(? Concern.s`afternormalbasine5•s;hours DOCWarrants,Desk-�24/7 CF.or rcferrdl to the appropriate Duty Officer?: ■ 360-7254888 Pending DOC:Transferlists Reception Center Contacts ■ For males,Woshiogton Corrections Center at Send list of;Jncoming DOC., docdiwccrecords@doc.wa eov.., admissions'to Reception.Center For ferriales,,WAshir gton Corrections Center Contacts'by close.of business on for Wom ph,at;`docdli awrecords@doc.wa.gov. 12/23(2020:and.12/30/2020.. ■ Tina B.*gess Records Manager at thia.bur essgdoc wa:goy or,360-529-7514: Subinit Per Diem Bill. :Contact Send-itemized bill':to DOC for:dates Washington:Correccibns Center,at ofx0g40sted payment. Please:use docdiwccrecords@docma.eow Attar went-D.for er.Di&n billing: Tina:Burgess,Retards.Manager at .ina:bur. essgdoc.wa goy or 86Q=529 75x. :State of washingtgn.. Page 11 of 77 Departmentof'CorrecHons .Attachmeot,A Attadunmt Medical 13iffing Instructions Beginning otithe P Day at Cotinty jail. Deifffiffio'ns' ! :Bd§ic:Pet.Diem Rate-the c6st per da d'Felon foraU care,id,u ing in-facilif y per entence y medical c 'WhIchAs-the.same-or.similarcare provided.:to County iranateg.. DOC Utilization Mmayernent,Office(�Lrse:Dg .-#e,Depqrt medical gpntact;.that, ieteive8e5citabrdih'iity.n edic-aI 'exp'engei�,f6rDOC-Sentenced Felons.The Nurse nesk is available-24 hours,a d or.4y at(36Q)725.�7;�3 during normal business hours via"email at Nurse]Dosk@doci.w.a.goy ,atraordihary-Medical:Carel-m dicA4ynecessary-care e I mmonly available through the Facility health services and inturs-additionalcost.&amples of extraordinary medical care are lilay'include,bdt-Arenot limited to;svecialtv consults emergency r y. room hospital;care, �care, :ancillary charges and ambWaAce:serVices.: lxtraordharyme�didl E expense I s"that are beyond.the medical expenses penses :iiidudedih.thiepei'diefn'r.i.te.f6'rin-facilitv.care.-.forSeniencedFelons. In-Facility'Care-medical.care provided to Sentenced V61on sas part ofthe­p&diem.rate td .. include:,6ver=fhe=coun'ter,rned ications,routine medit,-4,.mbfttaI health.and dental care,1 i6gqlar- medicalscTeen I lngs,and:emergent medical treatment;I identical services provided to unt-to.se Co-. y inmaters., ,Formulary-MedicAti,.6hs medications':described in the DOC Pharmaceutici.1 Managemeniand 'Formulary Manual.M6dicaflons in this category are described a&medi medically nocessatyan- d :require no further approvalfor use.provided thextiteria listed in the�formularyy-are met.The. a formulary asavaflable online.,.atth.e following lihI. Medically Necessary-Cate rnedkal tare that rn�eets-,brie.or rrtoie-of theIoIIqwing.qrif0:Qq.for a -given patient;at a.given time: • Inessential lo'life orpre pr eservation tion of limb;or • Reduce&ffitractable vain;:or • Prevents sign ter -Vaily, ing,,(ADU) or ifioant de joratiph of,z(ctivi of, Rv • Is of proven valtie=tb*$#ificAhtly ieduc&tI16 risk of oneo e� 't.f th three outcomes above g.certain Imr.nuhizations),or 'State of Washington Page 12..df 17. Deportmehud,:Cbrredions Attachmerit-B ■ Immediate intervention,is not:medically neeessary,but delay of care rwould make fqtuare cafe or t&6rvention.for intractable pain;or p rep ervaki'an of ADL s significantly riiore dangerous;compli'cated,.or significantly less'likely to'succeed or' Reduces:.severe,psychiatiic.symptoms to a degree that perm ts:eiigagenient.in. programming that;advances correctional interests;or Is described.as.part of'.a Departmental policy health care..,:protocol:.or::guideline aiid delivered'.according to such policy,protocol or guideline,:or ■ From a publichealth perspective;is necessary-for tlie;health.and safety of a comtnunity of.iidividuals and is medically appropriate;.butmay nofibe rnedicatlyr necessary for-.the individual Oor.exarnple,-treatment of head lice). Any medically necessary care°prondedshall NOT: ■ 'Be considered experimental orto..be.lacking:in medically recognized professional: doeuimntation,of efficacy,or' Be-ad'inriistered'solely for the convenience of the Sentenced Felon or the.li'ealth care :provider. ■ Non Fo_ rind, medications iri:-this category-are not generally prescnbed.in DUC They:are not med coy.necessary usuallyfor;one of;the followingreasons Experimental med'icahons ofexpeizmental use-of.medication ,Medications"for which alternative'therapeu ticmodalities.may-already_exist on:the; formulary list ,. 'Medicatioris:foi:which alternative therapeuticmodalities.may already exist:on the over:. the:counter(OTC)`store list ■ Medications:with the sole purpose of treating.conditions-recognized.:in:the.H"ealth:Pl'ati 00):as:not:medically necessary, Brand-name;medication when,a:;generic.product is available tiuithin';the therapeutic class Health'Plan fHP) -the.Departnter is HP,describes n edicalIy n'ecessary medical.care,mental. health.and dental care services that are';avatlable;to individuals under Depart me--f jurisdietion as well.as:services>that AnIimited or not=available:The'HP j` not.a guarantee of.payment for services provided to Sentenced'Felons.The Health Plan(HP)is available:oriline atthe followinb link:;hfWp//docwa.gov/correctionsrsery ces7health:htm. Restricted Forinulary—medications in this category are described as medically necessary lint ,restzicted to docuin`ented.failure of:a Formulary` nedYcatton(s)or certain populations or disease` states.;Refer'°:to the.Medication Ftrinula ':status;for specific criteria. Courtesy Notification The:County is requested to-notify:the:Department's NurseDeskwhen housing,Seritenced Felons.:who;are on specialty/high cost_medications for.long-term`or chronic conditions such as. State of Washington K Page 13 of 17 Department of.CorrecEons Attachment B Hepatitis Q I- V,,M5 or-any otlier.condition that:requires.the-consistent adiininistration..of medications durirq,their°incarcezation. The,Department requests notification of the need.for specialty/h gh.cast j;hedications,bef&e the"8th day of condinement.so:that,the necessary medicaton.may be proeured"in'the;mast cost-effectivemanner: The.Contractor is requested;as a:courtesy;"to inform the D.epartent.Nurse Desk, NurseDe8k@d6c1.wa goV,,6k(360)725=8733`When a Sentenced Fe'lon is,taken off-site.for emergency or"other medical care Medicaid Coverage:-if A_NY.hospitalizationresults in.an in:patient:event the.'Department,.if properly notified,will apply,for.Medicaid coverageunder the;Affordable Care Act and the Couzity,will not be:lzilled for qualifying services.However,the.County must notify the Department of the hospitalization and.follow the.emergency-notification and/ovvre authorization process.so that a Nfedicaid application can be iriitiated for the event.. The:Nurse Desk.will be available by phone to.assis taff 24:hours a:day and 7 days per week: ■ From 8 ain,-4,30 p,m.Monday—Friday(except holidays),the.N iise Desk is available at NurseDeskdoal.wa gav,or(360)725-8733: (After normal business hours and during holidays, the'call will forward to the.'on=call Nurse) Medical$illink-Tlie County is. responsible"for.:pioeessing payment for all l?ills prior to:. sending. them to the Department f or reimbursement.Hotiewever,:if the:;Count. .is unable tot ake-payrhent for direct billings, the.County may send a written request to:the Department to proces..s payment on the behalf of the County:Such request cart be subxnitted.by'fax(360)586-4320'or email to DOCHQMedicalRAB@DOCI.WA.GOV.The County,must include.a copy of the bin with its request. The Department will respond to w7rtten requests.for assistance with payment of direct Bill..gs.within.seven(7)business days of receipt: Please do not instructthe'billing enftto bill the'aevartmen£d redly. Itemized.invoices for reimbursable medical services are to be;submitted electronically to~the Medical DisburseiiieritUnit at DOCHf)IliledicalRAB6D'QCI.WA_GO.V Any billing:for offsi'e-services should be submitted to DOC'far".reimburseinent:oi.payment within 30 days of'the receipt of the bill and within 3G5 days-of"the date of service,"Itemized statements must be submitted in.the,fotmat below with supporting_documentation.when applicable.Statements that.,areincomplete, or.:missing data,or supporting documentation;riiay result::in delays or denial"of payment.If.unable to'submit:bil ing electronicalIy;.please fax`to- `Department;of Corrections. Health Services Contract,Claims and;,ene, ts_Unit Fax: (360)58:64320 A sample billing..entry is.provided below: State"of Washington K Page 14 of:17 Depart h. t of'Coirect ons" AttadunentB � Trip41 e M. R ason Splitq Alttounf s �`�' [BOG#or` or da#e Destina�on orAXkname& R? 1P? fir Gastody MUM to name aii 8�rthdat Rlt given streng d Quai Y Yt } IN) TnpIRX# Y1Nj DOG w a Doe :John 999999 8J27112 Ga,oentrnT30 MG TAB 14 N, N, IV 25,0 .. _ ....... _. Jackson Joseph 111111 8J1112 Clonidins 1 MG TAB 6 N N N. .34.2 Sm h Joe 888888 8114112 Providence St^Peter Hospital Y N Broken Leg.µ 2;500 The County bill_.mustinclude:. A coverslieefi with`all pertii ent dl tails:;iriduding the'total amount billed;:'dates of'service; County/facility name,billing personnel,r-ontact.infor anon(email,phone number and fax),:address to seiidpayrnent,-the;'C internal invoice/tracking nurnber:arid County Federal Tax ID°:number., ■- Itemized Charges:including;the name o.f'the:Senteneed Felon rho received1he care,the ,care received,and;the cost. For reimbu sement for payments to offsite.providers',a'copy of the''orginal healthcare claim.form paid by'the facility musf.be included. 'For onsite= service`s;the details of services provided trust be listed along:with copies of any;,pdid bills and the;amounts.attr buted to each':DOC:Sentenced Felon. ■ ,For medications,County.Must'provide a.copy of the pharmacy bill:tn include the drug name;dosage;quantity prbvide'd and the;amount Cg4nty paid for the;clrugs; 'Once:DOC l as.completed the berificatian process and.is ready toprocess�paymorit,_the County will,be norifiedby email or fax of any denials=or`cred-ts'. For billing.questions:&coricem$�please email DOCHOMedicalRABCDOCIMA GOV. HIPAA The Health Insurance Portability and,Accounfab l ty Act(HIPAA:,—CFR 45);of:1996,protects.'the privacy°of individually identifiable;protected health information orI'HI. This,law allows-for. the exchange.:of this.:iriformatiori between covered entities for'the'ptiipose of billing and paymenfi which allot vs you to;provide the required back-up docunxentation regarding tle: eat itatiitisfofenders.health iif6hiiatioii andm o support.ofpaymentpurposes 164:506:(c}(3)' It further clarifies the standard for use.and disclosure.for correctional institutions and other`-law enforcenie tt custodial sit nations in 164:512(k). tate$ . Washington K Page;15 of:17 Department o£Corrections' Attachn.eiitB Attachment C Department of Corrections SainphsMedical Billing Reitnburseradnit Forni Name:of County-&Jail ( iywllm Add1 ess ( Phone,Wt ber. CE'mail Address Sentenced Fdo'n Per Diem Iowice Milo: Seivice hakes: throiigli Washington.State Depttrfinent ofCorccetions Total Amount(p00.00) P.10.Box 4114:9. OlyztipiA,"t�rA:98504.(360)725 8626 DOCViolatoi•tiedbilliii j@DOC I \�IAA:CiOV Bcgianing Day-8-Per"Diem Rate:;$93.7.1. Days 1-7 for'Prison DOSA&CCPReturns-:Curren't negotiated violator rate: Flame DOC#, DOB DQC start date AQC'Sn' T attsfer:fate �Total.#of billed'DJOC` Tptal am©wi"t btlle tt,to S.Ctibrwconyinemel*. . ?tor;SaneTSo dGottfnentenC. .3 Di1e,.Janu .123456, 1/15f89 7/1.9/15, 7/21115 1 $130,0(Y SmitlrJohnn 12,12,12 2/276/62 7/8115. .7/20115 .12 MOM Jahnsen,.Doe 555551-5 10/31/92 B7U15: 8/1115 -1 465.00 IO'I'AL 13 $845A ;.Fast' Ftrst s• 'DOC# Data of ;nateor teilical' fFX° R7�#or Name or 1)ato and` "Namc;,of'" Cott}of Capj, offs Anioant Amaunf Name aName?' Il�rtl Service 'Facility or gas ni`,rty -reason for Jnd staff' tune of "DOC' , aj hra�ed gwt m�'ed of real px�d;bj billed to ntr! TtX naoie riri#;"of ireatmcnf, contxcieil coritttct svi:tl ,medical now,- AM coots flcfor DbC- &s`trengtll} nays' DOG, medical staff. formulary,_ `�claim.form medteal: staff contacted rogues# and(or staff. `: xtfacheds if �onfrae�or's aY n yr ._ { a regtnal all hlg ' A 1�,pPI�6r�N1A ' phxrm�►e� �` 1 ' bdlzattached g ns repoired?,. .... .. ,_ SIN Doe. Jane 12345.6 1/1.5189 7.120/1.5 Ggbapcntin Spills 1234S61 Elmer 7120115; Tammv. Y Y $12.50 $11.50 3Q MG:Tab;, Phud: 1234:`m Williams Smith Johntty' 12f212 "1126l623 7/10715 St Joseph7s 7'days Chest putii' 'Lon 7(1'Q115;. Lisa Russoll N%A Y' $2 S0t10Q $2 000 00 CX .. ' �. .... os ital !R�i'ers2:A0ni" ['cift' Jahi scn Doe. •555555: 10131/9-2 8/:1/15 Walla=Walla 5,wec4 Foreign. $tllio: $111151. Sarah. N/A Pending $S,tH10:00 '$4;496.00 General object Goat 4::10`Pm Nichols. Hospital removal State of Washington I{ Page 16 of 17 Departlpent.of C:orreetiorts, Attachment Attachment-D ATTACHMENT'D PER-DIEM BILLING FORM Date.. 660:f, - Date of lWaaerred Dates ttegs esting iastName IiislNama. Fnaavn AateofBiA Gender Sipf 16usebi"tierlgY banking:Date lentomw 1dDOC P3 mehl State of Washington .K :Page 11 of`17 Department of Corrections;:. Attachment,D MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins, PE, PLS, County Engineer Hearing DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: January 5, 2021 Agenda Item # BRIEFING DATE: November 30, 2020 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Franchise Agreement Application for Sunrise Beach Water System —Hearing BACKGROUND: Nina Smith, the Treasurer for Sunrise Beach Water System has applied for a franchise renewal. Public Works has reviewed and updated the franchise language, as done for with all the water system franchise renewals this past year, and included a provision for automatic renewal for up to three 10-year terms. The franchise will cover their water system along the North Shore Road. Application is not considered new and applicant has paid the $300 renewal of their respective franchise. RECOMMENDED ACTION: Recommend the Board approve the franchise agreement between Mason County and Sunrise Beach Water System to construct, operate and maintain their water system along the North Shore Road. Attachments: 1. Franchise agreement application 2. Exhibit B IN THE MATTER OF THE APPLICATION OF Sunrise Beach Water System FOR A FRANCHISE PERMIT TO CONSTRUCT, OPERATE,AND MAINTAIN A Water System UTILITY FACILITIES, OVER,ALONG AND UNDER COUNTY ROADS AND HIGHWAYS LOCATED IN MASON COUNTY,WASHINGTON Application of(Name of Operator)Sunrise Beach Water System, doing business in Washington as ,Sunrise Beach Water System with its principal offices located at A Water System , by and through (person authorized to act for and on behalf of applicant) Nina Smith Treasurer , for a franchise to construct,operate and maintain(description oftype)A Water System utility facilities in, over, along and under county roads and highways in Mason County, Washington, as set forth in attached Exhibit `B" (Franchise Area), having come on regularly for hearing before the County Commissioners of Mason County, Washington, on the day of 20 at the hour of ,under the provisions of RCW 36.55, RCW 80.32.010 and RCW 80.36.040,and it appearing to the Board that notice of said hearing has been duly given as required by law, and that it is in the public interest to allow the franchise herein granted; NOW THEREFORE, IT IS ORDERED that a non-exclusive franchise be,and the same is hereby given and granted to Operator, and its successors and assigns,hereinafter referred to as the Franchisee,for a period of 10 years with automatic renewal at the end of each term of 10 years unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term. (no more than ten years each term and can only be renewed 3 times) from and after the date of the entry of this order for the purposes, at the location(s), and upon the express terms and conditions as described herein. 1. DEFINITIONS For the purposes of this franchise,terms,phrases,words,and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the"Manual"),shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here, in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended,revised,updated,re-enacted or re-codified from time to time. 11. GRANT The County of Mason hereby grants to the Franchisee a non-exclusive franchise which, once it becomes effective shall authorize the Franchisee to enter upon the road rights-of-way located within the Franchise Area identified in attached Exhibit`B", for the puipose of installing, constructing,maintaining,repairing,replacing, adjusting,relocating and operating the utility 1 �, facilities,which grant shall be limited to the following described purpose(s): construct,operate and maintain a water system Such grant is subject to and must be exercised in strict accordance with and subject to this franchise, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. Franchisee's exercise of any rights granted pursuant to the franchise is subject to the exercise of the County's police powers, and other regulatory powers as it may have or obtain in the future. No rights shall pass to the franchisee by implication. This franchise does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED i Franchisee shall not continence or perform work(hereafter"Work")to install,construct,maintain repair, replace adjust, connect, disconnect, rebuild, or relocate its utility facilities within the road rights-of-way,without first applying for,paying all associated fees,and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued,the County may impose,as a condition of the granting the utility permit,such conditions and regulations as may be necessary for the protection,preservation and management of the road rights-of-way,including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration of such road rights-of-way and structures, and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Franchisee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications in triplicate showing at a minimum: A.The position,depth and location of all such utility facilities sought to be constructed,laid, installed or erected at that time,showing their relative position to existing county roads,rights-of-way or other county property upon plans drawn to scale,hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction,installation,backfill,erection of temporary structures,erection ofpermanent structures, traffic control, traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway,bridge,or other structure; 2 i F. Specifications for the restoration of the county road,right-of-way or other county property in the event that the road right of way will be disturbed by the Work; and G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those located underground or attached to bridges or other structures within the road right-of-way. The location, alignment and depth of the utility facilities shall conform with said map of definite location, except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Franchisee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer.The Franchisee shall pay all costs of and expenses incurred in the examination,inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this franchise, public or private property, the Franchisee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged, and leave the same in as good or better condition as before the Work was commenced,to the reasonable satisfaction of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do,order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of-way or other County property left by the Franchisee or its agents in a condition dangerous to life or property, and the Franchisee, upon demand, shall pay to the County all costs of such work. V. FRANCHISEE WORK IN RIGHT OF WAY Franchisee expressly agrees and understands that,with regard to Work within the road rights-of-way: A. All of Franchisee's utility facilities and Work within the road rights-of-way or other County property shall be in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer,other County established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws,rules, regulations and ordinances; B. In preparing plans and specifications for Work of utility facilities in the road rights-of- way the Franchisee shall use the Manual. Prior to commencement of work in the road rights-of-way, Franchisee shall submit such plans and specifications to the Mason County Engineer for review and 3 1 i approval together with adequate exhibits depicting existing or proposed location of the utility facility in relation to the road, including right-of-way or easement lines;relationship to currently planned road revisions,if applicable;and all locations and situations for which deviations in depth of cover (including the proposed method of protection) or other locational standards that are anticipated; C. All Work to utility facilities located within the road rights-of-way or other county property subject to this franchise shall be done in such a manner as not to interfere, other than in ways approved by the County, with the construction, operation and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures, located therein,nor with the grading or improvements of such County roads,rights-of-way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Franchise Area or other county property prior in time to the utility facilities of the Franchisee,shall have preference as to the alignment and location of such utilities so installed with respect to the Franchisee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Franchisee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others,including others that may be installing utility facilities; and F. The County may require that Franchisee's utility facilities be installed at a particular time, at a specific place,or in a particular manner as a condition of access to a particular road right-of-way; may deny access if a Franchisee is not willing to comply with the County's requirements; and may remove, or require removal of, any utility facility that is not installed in compliance with the requirements established by the County,or which is installed without prior County approval of the time, place, or manner of installation and charge the Franchisee for all the costs associated with removal; and may require Franchisee to cooperate with others to minimize adverse impacts on the road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this franchise and applicable law,including to ensure that the utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist,the County,in addition to taking any other action permitted under applicable law,may order the Franchisee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct,inspect,administer, and repair the unsafe condition if the Franchisee fails to do so, and to charge the Franchisee therefore. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore,and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Franchisee. 4 H. When required by the County,Franchisee shall make information available to the public regarding any work involving the ongoing installation,construction,adjustment,relocation,repair or maintenance of its utility facilities sufficient to show (1) the nature of the work being performed; (2)where it is being performed; (3)its estimated completion date; and(4)progress to completion. I. FRANCHISEE IS PLACED ON NOTICE THAT FIBER OPTIC,COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES, AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work, Franchisee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the Road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Franchisee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost,liability,and expense whatsoever(including,without limitation, attorney's fees and court costs and expenses)arising out of or in any way contributed to by any act or omission of Franchisee,its contractor,agents and/or employees,that cause or in any way or degree contribute to (1) any damage to or destruction of any such facilities by Franchisee, and/or its contractor, agents and/or employees, on the County's property, (2) any injury to or death of any person employed by or on behalf of any entity,and/or its contractor,agents and/or employees,on the road rights-of-way,and/or(3) any claim or cause of action for alleged loss of profits or revenue,or loss of service, by a customer or user of services or products of such company(ies) (collectively "Liabilities" for purposes of this Section V.I). The only Liabilities with respect to which Franchisee's obligation to indemnify the County and its elected and appointed officers, employees and agents does not apply are Liabilities to the extent arising out of,caused by or resulting from the negligence of the County, and its elected and appointed officers, employees and agents and Liabilities that by law the County and its elected and appointed officers, employees and agents for which the County cannot be indemnified. J. Franchisee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below,Franchisee and its Agents may not enter upon the Franchise Area to perform work for which a utility permit is not required,unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property,and for purposes of taking immediate corrective action,Franchisee and its agents may enter the Franchise Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency;provided however, that if any entry for such purposes would require issuance of a utility permit,Franchisee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entiy,promptly followed by written notice. In all cases,notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of-Way. M. Franchisee shall promptly reimburse the County for their reasonable and direct costs incurred in responding to an emergency that is caused, created by or attributable to the presence, 5 construction,maintenance,repair,or operation of the Franchisees utility facilities in the road rights- of-way. N. If,during installation,construction,relocation,realignment,adjustment,maintenance,or repair of the Franchisee's utility facilities in the road rights-of-way,Franchisee or its agents discover scientific or historic artifacts,Franchisee shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All work done under this franchise shall be done in a thorough and workman-like manner. In the performance of Work within or near the road rights-of-way, including without limitation, the opening of trenches and the tunneling under county roads,rights-of way or other county property,the Franchisee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same,so that damage or injury shall not occur or arise by reason of such Work;and where any of such trenches, ditches and tunnels are left open at night,the Franchisee shall place warning lights,barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Franchisee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect,or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Franchisee. VII. POLICE POWERS The County of Mason,in granting this franchise,does not waive any rights which it now has or may hereafter acquire with respect to county roads, rights-of-way or other county property and this franchise shall not be construed to deprive the county of any powers,rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads,rights-of-way and other county property covered by this franchise. The County retains the right to administer and regulate activities of the Franchisee up to the fullest extent of the law. The failure to reserve a particular right to regulate,or reference a particular regulation,shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Franchisee. VIII. RELOCATION Franchisee shall,in the course of any Work, comply with the following requirements: A. The Franchisee shall, by a time specified by the County, protect, support, temporarily disconnect,relocate,or remove any of its utility facilities when required by the County by reason of traffic conditions;public safety;road right-of-way construction;road right-of-way repair(including resurfacing or widening);change of road right-of-way grade;construction,installation,or repair of County-owned sewers,drains,water pipes,power lines,signal lines,tracks,communications system, 6 other public work, public facility, or improvement of any government-owned utility; road right-of-way vacation;or for any other purpose where the County work involved would be aided by the removal or relocation of the utility facilities. Collectively,such matters are referred to below as the"public work." Franchisee acknowledges and understands that any delay by Franchisee in performing the herein described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County,including but not limited to,delay claims. Franchisee shall cooperate with the County and its contractors and subcontractors to coordinate such Franchisee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County of Mason shall make available to the Franchisee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the utility in planning construction programs. B. Franchisee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Franchisee herein do not preclude the County of Mason, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Franchisee's utility facilities; providing that, the Franchisee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Franchisee may protect its utility facilities. C. In the event of an emergency,or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect,remove,or relocate any or all parts of the utility facility without prior notice,and charge the Franchisee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Franchisee to protect,support,temporarily disconnect,remove,or relocate the Franchisee's utility facilities to accommodate the construction,operation,or repair of the facilities of such other person, the Franchisee shall,after 30 days'advance written notice,take action to effect the necessary changes requested;provided that,if such proj ect is related to or competes with Franchisee's service,or if the effect of such changes would be to permanently deprive Franchisee of the beneficial enjoyment of this franchise for its intended purposes through interference with the operation of Franchisee's utility facilities or otherwise, Franchisee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Franchisee's utility facilities were not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection, removal, or relocation at no charge to the County, even if the County makes the request for such action. E. The Franchisee shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or 7 other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. The County of Mason will accept liability for direct and actual damages to said Franchisee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or agents while performing County improvement or Public Works projects enumerated in the original franchise agreement under Section VIII,paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Franchisee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory negligence on the part of the Franchisee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Franchisee under this section shall pass the inspection of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any work is performed under this franchise which may affect any existing monuments or markers of any nature relating to subdivisions,plats,roads and all other surveys,the Franchisee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Franchisee's operations under this franchise. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit,and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement -by approved monuments shall be borne by the Franchisee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road,right-of-way or other County property which is subject to rights granted by this franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other county property for the use of Mason County,in either its proprietary or governmental capacity,then the Board of Mason County Commissioners may, at its option, and by giving thirty(30) days written notice to the Franchisee, terminate this franchise with reference to such county road,right-of-way or other county property so vacated, and the County of Mason shall not be liable for any damages or loss to the Franchisee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation,and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. 8 XI. FINANCIAL SECURITY A. Insurance Except as otherwise provided herein,Franchisee shall maintain for itself and the County,throughout the entire period any part of Franchisee's utility facilities are located in the Franchise Area, adequate insurance to protect the Parties and their elected and appointed officers, agents,employees against all of County's and Franchisee's liability arising out of Franchisee's use and occupancy of the Franchise Area or any part thereof. This obligation shall require the Franchisee to maintain insurance at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Franchise Area, and shall provide coverage for any and all costs, including defense costs, and losses grid damages resulting from personal injury, bodily injury and death,property damage,products liability and completed operations. Such insurance shall include blanket contractual coverage, including coverage for the Franchise as now or hereafter amended and specific coverage for the indemnity provisions set forth herein. Coverage must be written with the following limits of liability: Bodily and Personal Injury&PrppeLty Damage $ 1,000,0.00 per Occurrence $2,000,000 aggregate 2 WORKERS' COMPENSATION insurance shall be maintained to comply with statutory limits for all employees,and in the case any work is sublet,the Franchisee shall require its contractors and subcontractors similarly to provide workers' compensation insurance for all the employees. The Franchisee shall also maintain, during the life of this policy, employer's liability insurance;provided that this obligation shall not apply to any time period during which Franchisee has no employees. The following minimum limits must be maintained: Workers'Compensation Statutory Employer's Liability $ 1,000,000 each occurrence 3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired,.and non-owned vehicles operated by Franchisee employees on an occurrence basis with coverage of at least$2,000,000 per occurrence. If the Franchisee, its contractors,or subcontractors do not have the required insurance, the County may require such entities to stop operations until the insurance is obtained and approved. Certificates of Insurance reflecting evidence of the required insurance and approved by the County's Risk Manager for the GENERAL LIABILITY policies described above,shall be sent to the County's risk manager. The certificate shall be filed with the acceptance of the franchise, and annually ® 9 thereafter, and as provided below. All coverage shall be listed all on one certificate with the same expiration dates. The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the franchise,then,in that event,the Franchisee shall furnish,at least 30 days prior to the expiation of the date of such insurance,a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the franchise. The County reserves the right, during the term of the franchise, to require any other insurance coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this franchise shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this franchise shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A" and a class of"X" or better in the latest edition of "Best's Key Rating Guide"published by A.M.Best Company,or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage,the insurer does not meet the foregoing standards,Franchisee shall give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this franchise shall include an endorsement(standard ISO form CG 24-17)deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on, over, or under a railroad track. Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless approved of by the County Risk Manager or.designee. Commercial general liability insurance policies obtained pursuant to this franchise shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. • 10 Franchisee and Franchisee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. Commercial General Liability Insurance policies and coverage required herein of public utility operators may include a reasonable deductible or self-insured retention;provided,however,that as to any Loss or Damage covered as provided herein, if Franchisee elects to include any deductible or self-insured retention,Franchisee shall itself directly cover,in lieu of insurance,any and all County liabilities that would otherwise in accordance with the provisions of this Franchise be covered by Franchisee's insurance if Franchisee elected not to include a deductible or self-insured retention. Such direct coverage by Franchisee shall be in an amount equal to the amount of Franchisee's actual deductible or self-insured retention. Franchisee shall be required to provide a certification of self- insurance retention to the county in a form and content acceptable to the county engineer. B. Performance/Payment Bond. At the same time Franchisee provides its acceptance of this Franchise, the Franchisee shall, if required by the County Engineer, provide a performance and payment bond to ensure the full and faithful performance of all of its responsibilities under this franchise and applicable rules, regulations and ordinances, including, by way of example,but not limited to,its obligations to relocate and remove its utility facilities,to restore the road rights-of-way and other property when damaged or disturbed, and to reimburse the County for its costs. The amount of the performance and payment bond shall be for ZERO ($D). The amount of the bond,or cash deposit as described below, may be adjusted by the County every five years fiom the date of execution of this franchise,to take into account ctunulative inflation or increased risks to the County. The Franchisee may be required to obtain additional bonds in accordance with the County's ordinary practices. The bond shall be in a form with terms and conditions acceptable to the County and reviewed and approved by the County Engineer. The bond shall be with a surety with a rating no less than "A V in the latest edition of"Bests Key Rating Guide,"published by A.M. Best Guide. The Franchisee shall pay all premiums or costs associated with maintaining the bond,and shall keep the same in full force and effect at all times.If Franchisee fails to provide or maintain the bond,then the County,in its sole discretion,may require Franchisee to substitute an equivalent cash deposit as described below in lieu of the bond. Franchisee, may at its election or upon order by the County, substitute an equivalent cash deposit instead of a performance and payment bond. This cash deposit shall ensure the full and faithful performance of all of Franchisee's responsibilities hereto under this Permit and all applicable laws, rules, regulations or ordinances. This includes,but is not limited to, its obligations to relocate or remove its facilities, restore the road rights-of-way and other property to their original condition, reimbursing the County for its costs, and keeping Franchisee's insurance in full force. The County shall notify Franchisee in writing, by certified mail, of any default and shall give Franchisee thirty(30)days from the date of such notice to cure any such default. In the event that the Franchisee fails to cure such default to the satisfaction of the County,the County may,at its option, ® 11 v forfeit the entire amount of the cash deposit or draw upon the cash deposit up to the amount of the County's costs incurred to cure Franchisee's default. Upon the County's cure of Franchisee's default,the County shall notify Franchisee in writing of such cure. In the event that the County draws upon the cash deposit or forfeits the same, Franchisee shall thereupon replenish the cash deposit to the full amount as specified herein or provide a replacement performance and payment bond. Before any Work commences in the road right-of-way,the County Engineer may require the operator to provide a performance and payment bond for each separate project in an amount to be determined by the County Engineer, but not less than five hundred dollars, written by a surety company acceptable to the County Risk Manager and authorized to do business in the state of Washington. The purpose of the bond is to insure completion of construction, including the restoration of surfacing,slopes,slope treatment,topsoil,landscape treatment,and drainage facilities,and cleanup of rights-of-way, and payment of costs incurred by the County to enforce the requirements of this Chapter. The performance and payment bond shall be in place for a period ending not more than one year after the date of completion. A project specific performance bond shall not be required in the event that the franchisee has in place a blanket performance bond and, when required, a payment bond, maintained pursuant to the requirements of this franchise. A performance and payment bond for work in the road right-of-way will not be required of the United States Government or any of its agencies or of any municipal corporation or department of the state of Washington and its local subdivisions. C. Limitation of Liability. To the fullest extent permitted by law,the Franchisee shall,and shall cause its contractor(s) to release, indemnify, defend and hold harmless the county and the county's legal representatives,officer(elected or),appointed)employees and agents(collectively, "indemnitees") for, from and against any and all claims, liabilities,fines,penalties,cost,damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitations, court costs, attorneys' fees and costs of investigation, removal and remediation and governmental oversight costs),Environmental or otherwise(collectively"liabilities")of any nature, kind, or description,of any person or entity,directly or indirectly,arising out of,resulting from,or related to(in whole or in part): 1. this franchise; 2, any rights or interests granted pursuant to this franchise; 3. franchisee's occupation and use of the road right of way; 4. franchisee's operation of its utility facilities; 12 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by, or contributed to, in whole or in part,by franchisee or its agents; or 7. The acts,errors,or omissions of third parties when arising out of the installation, construction,adjustment,relocation,replacement,removal,or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 8. any act or omission of franchisee or franchisee's agents; The only liabilities with respect to which franchisee's obligation to indemnify the indemnitees do not apply are liabilities to the extent arising out of, caused by or resulting from the negligence of the county, its officers, agents, employees or contractors and liabilities that by law the indemnities cannon be indemnified for. Upon written notice from the county,franchisee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered by this franchise for which franchisee has an obligation to assume liability for and/or save and hold harmless any indemnitee.Franchisee shall pay all cost incident to such defense,including,but not limited to, attorneys'fees,investigators' fees,litigation and appeal expenses,settlement payments and amounts paid in satisfaction of judgments. Franchisee willfully satisfy said judgment within ninety(90)days after said suit or action shall have finally been determined if determined adversely to Mason County. Upon the Franchisee's failure to.satisfy said judgment within the ninety (90) day period, this franchise shall at once cease and terminate. Acceptance by the County of any Work performed by the Franchisee at the time of completion shall not be grounds for avoidance of this covenant. XII. FRANCHISE NONEXCLUSIVE This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the County of Mason from granting other utilities under,along,across,over and upon any of the County roads,rights-of-way or other County property subject to this franchise and shall in no wayprevent or prohibit the County of Mason from constructing, altering, maintaining or using any of said roads, rights-of-way,drainage structures or facilities,irrigation structures or facilities,or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes, relocations, repairs,maintenance, etc., the same as the county may deem fit. XIII. SUCCESSORS AND ASSIGNS 13 a All the provisions,conditions,regulations and requirements herein contained shall be binding upon the successors and assigns of the Franchisee,and all privileges,as well as all obligations and liability of the Franchisee, shall ensure to its successors and assigns equally as if they were specifically mentioned wherever the Franchisee is mentioned. Any reference in this franchise to a specifically named party shall be deemed to apply to any successor, heir, administrator, executor or assign of such party who has acquired its interest in compliance with the terms of this franchise,or under law. XIV. TRANSFER/ASSIGNMENT Franchisee may assign or transfer this franchise after prior written notice to County of Mason and assignee's written commitment,in a form and content approved by the County Prosecutor,delivered to County of Mason,that assignees shall thereafter be responsible for all obligations of Franchisee with respect to the franchise and guaranteeing performance under the terms and conditions of the franchise and that transferee will be bound by all the conditions of the franchise and will assume all the obligations of its predecessor. Such an assignment shall relieve the Franchisee of any further obligations under the franchise, including any obligations not fulfilled by Franchisee's assignee; provided that,the assignment shall not in any respect relieve the Franchisee,or any of its successors in interest,of responsibility for acts or omissions,known or unknown,or the consequences thereof, which acts or omissions occur prior to the time of the assignment. No franchise or master road use permit may be assigned or transferred without filing or establishing with the county the insurance certificates and performance bond as required pursuant to this franchise. j XV. ANNEXATION Whenever any of the County roads, rights-of-way or other county property as designated in this franchise,by reason of the subsequent incorporation of any town or city,or extension of the limits of any town or city,shall fall within the city or town limits and shall by operation of law or otherwise terminate in respect to the said roads,rights-of-way or other county property so included with city or town limits; this franchise shall continue in force and effect to all county roads, rights-of--way or other county property not so included in city or town limits. XVI. REVOCATION/REMEDIES A. Revocation. In addition the right to revoke this franchise as set forth in Title 12 of the Mason County Code, if the Franchisee shall willfully violate, or fail to comply with any of the provisions of this franchise through willful or unreasonable neglect or fail to heed or comply with any notice given the Franchisee under the provision of this grant, then Franchisee shall forfeit all rights conferred hereunder and this franchise may be revoked or annulled,after a public hearing by the Board of County Commissioners. The Franchisee shall not be relieved of any of its obligations to comply promptly with any provision of this franchise by reason of any failure of the County to enforce prompt compliance,and the County's failure to enforce shall not constitute a waiver of rights or acquiescence in the Licensee's conduct. 14 ; Subject to the required consent, adjudication, permission or authorization of a federal or state regulatory agency with jurisdiction over the subject matter, upon revocation of the franchise, the County may require the Franchisee to remove its utility facilities from any road rights-of-way,and restore such road right-of-way to its same or better condition as existed just prior to such removal,or de-commission and abandon such utility facilities in place in whole or in part and in a manner approved by the County Board of Commissioners. If the Franchisee fails to remove utility facilities that the County requires it to remove,the County may perform the work and collect the cost thereof from the Franchisee. The actual cost thereof,including direct and indirect administrative costs,shall be a lien upon all utility facilities of the Franchisee within the franchise Area effective upon filing of the lien with the Mason County Auditor. B. Remedies. The County has the right to exercise any and all of the following remedies, singly or in combination, in the event of Default. "Default"shall mean any failure of Franchisee or its agents to keep,observe,or perform any of Franchisee's or its agent's duties or obligations under this franchise: 1. Damages. Franchisee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Franchisee under this franchise without any requirement to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission-or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief, and/or proceed against Franchisee and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages, costs and expenses, including reasonable attorneys' fees. Remedies are cumulative; the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION In the event that after this franchise becomes effective, (a) there is a change in the law which broadens the authority of the County of Mason or the Franchisee with respect to any act permitted or authorized under this franchise; or (b)the County of Mason or the Franchisee believe that 15 amendments to this franchise are necessary or appropriate, then the County of Mason and the Franchisee agree to enter into good faith negotiations to amend this franchise so as to enable the Parties to address, in a manner reasonably acceptable to all Parties, such change or other development which formed the basis for the negotiations. The Parties recognize that the purpose of the negotiations would be to preserve, to the maximum extent consistent with law, the scope and purpose of this franchise. Mason County reserves for itself the right at any time upon ninety(90) days written notice to the Franchisee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or county regulation,relating to the public welfare,health, safety or highway regulation,as may hereafter be enacted,adopted or promulgated and this franchise may be terminated at such time apublic hearing is held by the Board of County Commissioners,and the Franchisee's utility facilities are found not to be operated or maintained in accordance with such statute or regulation. i XVIII. ACCEPTANCE Franchisee shall execute and return to the County of Mason a signed acceptance of the franchise granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in accepting the franchise, Franchisee warrants that it has carefully read the terms and conditions of this franchise and accepts all of the terms and conditions of this franchise and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts, that it has had the assistance of counsel, that it was not induced to accept a franchise, that this franchise represents the entire agreement between the Franchisee and the County of Mason.In the event the Franchisee fails to submit the countersigned ordinance and acceptance as provided for herein within the time limits set forth in this section, the grant herein is and shall become null and void. XIX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this franchise shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this franchise shall be in Mason County,Washington or the Western District of Washington if an action is brought in federal court, provided, however, that venue of such action is legally proper. B. Liens. Franchisee shall promptly pay and discharge any and all liens arising out of any Work done,suffered or permitted to be done by Franchisee on any Franchise Area. C. Waiver. No waiver by either party of any provision of this franchise shall in any way impair the right of such party to enforce that provision for any subsequent breach, or County of Mason's right to enforce all other provisions of this franchise. 16 D. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this franchise, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees,costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This franchise may be amended only by a written contract signed by authorized representatives of Franchisee and County of Mason. F. Severability. If any provision of this franchise is held to be illegal, invalid or unenforceable underpresent or future laws,such provision will be fully severable and this franchise will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof,and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this franchise; a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. G. Joint and Several Liability. Franchisee acknowledges that, in any case in which Franchisee and Franchisee's Contractors are responsible under the terms of this franchise, such responsibility is joint and several as between Franchisee and any such Franchisee's Contractors; provided that,the Franchisee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this franchise shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested;or(b)a nationally recognized overnight mail delivery service,to the Party and at the address specified below,except as such Party and address may be changed by providing notice to the other Party no less than thirty (30) days''advance written notice of such change in address. Franchisee: Sunrise Beach Water Svstem 828 Yakima Ave Seattle WA 98144 Attn: C/O Nina Smith Treasurer Grantor: County of Mason Public Works 100 Public Works Drive Shelton,WA 98584 1. Approvals. Nothing in this franchise shall be deemed to impose any duty or obligation upon the County of Mason to determine the adequacy or sufficiency of Franchisee's plans and specifications or to ascertain whether Franchisee's proposed or actual construction, testing, maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County of Mason. No approval 17 given,inspection made, review or supervision performed by the County of Mason pursuant to this franchise shall constitute or be construed as a representation or warranty express or implied by County of Mason that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this franchise or meets any particular standard,code or requirement,or is in conformance with the plans and specifications,and no liability shall attach with respect thereto. County and inspections as provided herein, are for the sole purpose of protecting the County of Mason's rights as the owner or manager of the road rights-of-way and shall not constitute any representation or warranty,express or implied,as to the adequacy of the design,construction,repair, or maintenance of the utility facilities, suitability of the Franchise Area for construction, maintenance,or repair of the utility facilities,or any obligation on the part of the County of Mason to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County of Mason is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment, maintenance, repair, or operation of the utility facilities. J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism or an act of God, provided that such Party has made and is making all reasonable efforts to perform such obligation and minimize any and all resulting loss or damage. K. Construction. All pronouns and any variations thereof shall be deemed to refer to the masculine,feminine or neuter,singular or plural, as the identity of the Party or Parties may require. The provisions of this franchise shall be construed as a whole according to their common meaning, except where specifically defined herein,not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this franchise. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this franchise or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays,and legal holidays in the State of Washington,except that if the last day of any period falls on any Saturday,Sunday,or legal holiday in the State of Washington,the period shall be extended to include the next day which is not a Saturday, Sunday,or legal holiday in the State of Washington. N. Entire Agreement. This franchise is the full and complete agreement of County ofMason and Franchisee with respect to all matters covered herein and all matters related to the use of the Franchise Area by Franchisee and Franchisee's Contractors,and this franchise supersedes any and all other agreements of the Parties hereto with respect to all such matters,including,without limitation, all agreements evidencing the franchise. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law,Franchisee shall have no monetary recourse whatsoever against the County or r 18 r its officials, boards, commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Franchise or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise,any act that Franchisee is required to perform under this franchise shall be performed at its cost. If Franchisee fails to perform work that it is required to perform within the time provided for performance, the County may perform the work and bill the Franchisee. The Franchisee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work was performed by the Franchisee. The Franchisee shall be responsible for all work performed by its contractors and subcontractors,and others performing work on its behalf,under its control,or under authority of its utility permit,as if the work were performed by it and shall ensure that all such work is performed in compliance with this franchise, Title 12 MCC, the Manual and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Franchisee's responsibility to ensure that contractors, subcontractors,or other Persons performing work on the Franchisee's behalf are familiar with the requirements of the franchise,Title 12 MCC, the Manual, and other applicable laws governing the work performed by them. R. Survival of Terms. Upon the expiration, termination, revocation or forfeiture of the franchise,the Franchisee shall no longer have the right to occupy the franchise area for the purpose of providing services authorized herein. However,the Franchisee's obligations under this franchise to the County shall survive the expiration, termination, revocation or forfeiture of these rights according to its terms for so long as the Franchisee's utility facilities shall remain in whole or in part in the road rights of way. By way of illustration and not limitation, Franchisee's obligations to indemnify, defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Franchisee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the Franchisee, notwithstanding any expiration, termination, revocation or forfeiture of the franchise, except to the extent that a County-approved transfer,sale,or assignment of the utility system is completed,and another entity has assumed full and complete responsibility for the utility system or for the relevant acts or omissions. S. Warranties. By acceptance of this franchise,Franchisee warrants: 1. That Franchisee has full right and authority to enter into and perform this Franchise in accordance with the terms hereof, and by entering into or performing this Franchise, Franchisee is not in violation of its charter or by-laws,or any law,regulation,or agreement by which it is bound or to which it is subject; and 2. That the execution,delivery,and performance of this Franchise by Franchisee has been duly authorized by all requisite Board/Commission action, that the signatories for Franchisee of the acceptance hereof are authorized to sign this Franchise,and that the joinder or consent of any other party, including a court, trustee, or referee, is not necessary to make valid and effective the ® 19 j execution, delivery, and performance of this Franchise and acceptance. DATED at Shelton,Washington this day of 20_. BOARD OF COMMISSIONERS APPRO D: MASON COUNTY,WASHINGTON 7 Coun y Engineer Chair Approve as to form: Vice Chair Chief D.P.A. Commissioner ® 20 , Exhibit A ACCEP•f.kN('E' Oh FIIANC11ISh: Ordinance No. 1 I5-06, effective November 14, 2006. 1, tin, the 2'r�'_ti`�l�t'�!-of_��l-E_l.►_lL_tx��t'=�I. �.c1�; `: �ti�l,,I and am the aulhorized representative to accept the above.-rdevenred t'rauchist"on behalror , Sunrise Beach water si-stem, '1 certify th r nchisc and all terms alld conditions th4reordiv ucoptrd k without quilllllcatioll of DATED this this o?O day of A10V'411 2020. i FRANCHISEE j By: Nina titnith Its: '1'rety l�tirrr ����Q Tax Id No. STATE Or )�s. COUNTY OF > I ccrtiR that l kilm or have sittisfacwn e\idencv that ���� •L• ''' --- - _ i. the person who uppc;tied b�+I�Iry nw,and Slll(!lt�C�OlI aCl.lto\�hylg�d that lw she-ignc.l thl:iustrunt.w,��n oath aal .l that hctshu��it.auQu+ri«ti1 lu c�ccute the insutuuonl and ack.uo��leagtil U;ts the T, of lhv -I_tt_�c_�L�_�ZCriS_T_w•a S =ti'_to tv the:tic,and\UltuuiO ;W1 ol'Su��h pavt\ (m 11w u• :.;lul purposes mentioned ill the insinuuent, Dated. P, SC `\elllllllll�� 01 Nolan E'tlhl►c E'rint Name_ .- Q.Q'�• EXP 0�•�FiO�� \I\ conutussion expl(vs -- c,� • > NOTARY N10 —1{ PUBLIC w () i��'q�.'l. 0 v NO 2 e•• EXHIBIT B Description of Franchise Area N o O ' O Water Line Aq•! .' O 91401 NE NORTHo SHORE RD A Q qAq i�•f�/ ` _ A r o • 11411-NE NORTH SHORE R A AZ qqA 4 ' 2O�9As4 ' O .q1 0 q� 11433 NE NORTH SHORE RD A O +qA i qIq O AA _ 11451 NE NORTH SHORE RD qq• o .A 11461 NE NORTH SHORE RD 0 011501 NE NORTH SHORE RD RECORDED AT THE REQUEST OF AND AFTER RECORDING RETURN TO: County of Mason 100 West Public Works Drive Shelton WA 98584 Attn: County Engineer Title: Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington Grantee: Description of Franchise Area: SEE EXHIBIT B • p N \ \ ! p Exhibit B Water Line' \ / eIf / o i4 O 11401 NE NORTHp SHORE-RC p / 4 \ 4O \\ .4c/ h44' / \\ •20 11411,NE NORTH-SHORE R p11433NE NORTH SHORE RD `\,,1145,1NNORTH SHORE RD p11461`NE NORTH SHORE RD / 11501`NE NORTH SHORE RD �, \ \ �\` /> MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Kell Rowen, Community Dev't Adm. Action Agenda ❑ Josh Luck, Lead Building Inspector Public Hearing X Other ❑ Department: Community Services Ext: 286 Date: Agenda Item # 10.2 JarUarvj 5, 2�y� (Commissioner staff To Complete) Briefing Date: l� 07 cem btx � 2020 Briefing Presented By: Kell Rowen &Josh Luck [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: A Public Hearing to approve the adoption of the 2o18 building codes as required by RCW 29.27 along with updating code references to Title 14.20(Manufactured Home Installation) and Title 14.30(Park Trailer/Recreational Park Trailer Installation for Park Trailers/Recreational Park Trails)to reflect installation code requirements updated by Labor and industries(L&I). BACKGROUND: Mason County is proposing amendments to the Mason County Code Title 14, in compliance with State Building Code updates(2018 Code Adoption). RECOMMENDED ACTION: Approval of the 2-o18 building codes as directed by the Washington State Building Code Council and RCW 19.27. Mason County is only proposing to adopt the 2018 codes required by RCW 19.27. ATTACHMENTO: Ordinance Attachment A 12/29/2020 Ordinance No. AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON AMENDING THE COUNTY CODE OF MASON COUNTY, TITLE 14, BUILDINGS AND CONSTRUCTION BY REPEALING EXISTING INTERNATIONAL CODES AND ADOPTING NEW INTERNATIONAL CODES AS ADOPTED AND AMENDED BY THE STATE OF WASHINGTON. WHEREAS, the State of Washington requires counties and cities to enact building codes and regulations and provide for their administration, enforcement, and amendment; and WHEREAS, the regulations of building and building construction by Mason County (the"County") is necessary to protect the public health and welfare; and WHEREAS,the BOARD OF COUNTY COMMISSIONERS of the County desires to protect the safety and welfare of the citizens of the County through regulation of construction activities and maintenance of buildings in the County; and WHEREAS, the County has previously adopted multiple international codes; and WHEREAS, more recent international codes have been adopted by the State of Washington; and WHEREAS, the State of Washington has ordained in Washington Administrative Code (WAC), Chapter 51 that the 2018 Edition of the State Building Code shall become effective in all counties and cities of the state on February 1, 2021; and WHEREAS,the County is required by Revised Code of Washington (RCW), Section 19.27 to adopt these State of Washington Building Codes; and WHEREAS, County staff has undertaken a review of the newly adopted international codes as compared to the County's existing codes; and WHEREAS, County Staff recommends adopting the international codes provided for herein; and WHEREAS, County Staff presented the international codes provided for herein along with their amendments to the County BOARD OF COUNTY COMMISSIONERS; and WHEREAS, the Mason County BOARD OF COUNTY COMMISSIONERS conducted a public hearing regarding Mason County Title 14 on January 5, 2021; and WHEREAS,the BOARD OF COUNTY COMMISSIONERS will provide for approval of the provisions regulating construction through use of these State adopted Codes set forth herein at the BOARD OF COUNTY COMMISSIONERS meeting on January 5, 2021. NOW,THEREFORE, IT IS HEREBY ORDAINED that effective February 1, 2021 that the following sections and subsections of Chapters 14.04, 14.08, 14.16, 14.17, 14.18, 14.20, 14.25, 14.30, 14.40 and 14.44 within the Mason County Code be amended and adopted as shown on Attachment A. Dated this day of January 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: McKenzie Smith, Clerk of the Board Sharon Trask, Chair APPROVED AS TO FORM: Randy Neatherlin Tim Whitehead, Chief DPA Kevin Shutty, Commissioner ATTACH M ENT A Title 14- BUILDINGS AND CONSTRUCTION Chapter 14.04-STATE BUILDING CODES ADOPTED 14.04.010-State Building Codes adopted. (a) 2018 Edition of the International Building Code (IBC) as published by the International Code Council (ICC), hereafter IBC, including the 2018 International Existing Building Code(IEBC), adopted in accordance with Washington Administrative Code(WAC), Chapter 51-50; including IBC Sections 101 through 112, including IBC Appendix Chapters, C(Agricultural Buildings), G (Flood Resistant Construction) H (Signs)and J (Grading). Excluding IBC,Chapter 1,Sub-Section 101.4.3. (Plumbing); excluding Sections 113 through 116;excluding Appendix Chapter H,Section H106(Electrical for Signs). thFeugh 10:7 ;;m;i &,Pr*iqn !I(), and ethpr International Building Cede FeqUiFement-,;fer harrmer-free WAG 51 5s. (b) 2018 Edition of the International Residential Code for One-and Two-Family Dwellings as published by the International Code Council (ICC), hereafter the IRC,as adopted in accordance with Washington . Administrative Code(WAC) Chapter 51-51. Excluding IRC, Chapter 11, Energy Efficiency regulations pursuant to WAC 51-11R and Chapters 25 through 43, Plumbing and Electrical Provisions regulated pursuant to WAC 51-56 and WAC 296-466.Adopting Appendix Chapters, CR (Light Straw-Clay Construction) and S(Strawbale Construction). , G (SwimmmRg peels, spas and hot tubs,Appendix R (Dwelling WAit FiFe SffinldeF Systems) as published Building co-A-d-p- 51 51— (c) 2018 Edition of the International Fire Code as published by the International Code Council ([CC), hereafter the IFC, as adopted in accordance with Washington Administrative Code (WAC) Chapter 51-54. Adopting Chapters,C(Fire Hydrant Locations and Distribution), E(Hazard Categories), F (Hazard Ranking), G (Cryogenic Fluids), H (Hazardous Materials Management Plan), I (Fire Protection Systems— Non-Compliant Conditions), and L(Requirements for Firefighter Air Replenishment Systems). , 1 ATTACHM ENT A (d) 2018 Edition of the International Mechanical Code as published by the International Code Council (ICC) hereafter the IMC as adopted in accordance with Washington Administrative Code (WAC)Chapter 51-52 including the 2018 International Fuel Gas Code 2018 National Fuel Gas Code-National Fire Protection Association (NFPA)54 and the 2017 Liquified Petroleum Gas Code-NFPA 58. Gas Code (NFPA 99) and adapting the Washingten State Buil�sGe.d WAG 51 J (e) 2018 Edition of the Uniform Plumbing Code as published by the International Association of Plumbing and-Mechanical Officials (IAPMO) hereafter the UPC,as adopted in accordance with Washington Administrative Code (WAC)Chapter 51-56. Excluding Chapter 1,Section 107 (Board of Appeals). 2-0-1-9 Uniform Plumbing Code, published by the IntefflatiGRal Asseeiatien Of PIUFAWRO and Meehanieal '-AG 51-545. (f) 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings as published by the International Conference of Building Officials. (g) 2018 Edition of the International Energy Conservation Code as published by the International Code Council(ICC) herein after the Washington State Energy Code (WSEC) as adopted by the Washington Administrative Code(WAC) 51-11R (Residential) and 51-11C(Commercial). (Residential) aR d 91_11C(GemmeFr=ion Chapter 14.08- BUILDING CODE AMENDMENTS 14.08.010-General. 015-2018 International Building Code (IBC) and 2015-2018 International Residential Code (IRC) are hereby amended.The amended sections shall supersede that section or table as numbered in said Building Code of Mason County.The amended sections are as follows [in this chapter]. Chapter 14.16- FIRE CODE 14.16.020-IFC Section 3109,Board of appeals. 2 ATTACH M ENT A 14.16.025-IFC Section 33110.4,Violation—Penalties. 14.16.028-IFC Section 4444112.4, Failure to comply. Chapter 14.17-STANDARDS FOR FIRE APPARATUS ACCESS ROADS 14.17.140 Bridges and Elevated Services. IFC 503 2 6 Where a bridge or an elevated surface is part of a fire apparatus access road,the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed load of fire apparatus.Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official.Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers approved signs or both shall be installed and maintained when required by the fire code officialWhen a " ida05 q r d F+ f a fiFe appaFatus aeeeSS ad to ho_e_eR_#rwr#Pd and maintaiRed in aeeerdaRee y.;ith natiGRally Feepgnized standa d It c;h;;Ii have designed love leading shall be pested OR aR appFaved leeatieR with aR appFeved weather1ressil-staint designed sign. 14.17.150-Additional fire protection. When access roads cannot be installed to these standards due to topography,waterways, nonnegotiable grades or other similar conditions,the fire marshal is authorized to require additional fire protection or mitigation as specified (see 2015-2018 IFC 901.4.4).The fire marshal may also approve access roads which do not meet these requirements if the road provides reasonable access under the individual facts of the case. Chapter 14.20- MANUFACTURED HOUSING INSTALLATIONS 14.20.010-Definitions. Additional terms are defined in WAC 296-159M1501,ANSI A2254.and by this reference are included as part of this chapter. 14.20.020-General installation requirements for manufactured homes. (a) Installation of all manufactured homes shall be as provided for pursuant to WAC, Chapter 296- 3SGA41501. 14.20.070-Installation permit issuance and duration. When all county, state, and federal laws, ordinances, codes, and regulations are satisfied, an installation (building) permit will be issued to the owner or authorized agent for the owner of the 3 ATTACHMENT A manufactured home.The permit will indicate the owner's name,the contractor registration information,the location for which the installation was approved,the installation (building) permit number, and the date the installation (building) permit was issued. Permit validity, expiration, suspension or revocation and time limitation of application shall be as established and adopted in the applicable sections of the 2015-2018 IRC/IBC, (Section 14.04.010) Part I Administration and Section 14.08.040 shall apply. 14.20.080-Inspection of manufactured homes. The approved site plan and other applicable instructions as referenced in Chapter 296-150M 1501- 0310 WAC shall also be available at this location.These shall be maintained in legible condition for compliance review by the inspector. If there are multiple installation options for support configurations,the applicant or applicant's agent shall clearly indicate which options were used for the manufactured home installation. (c) Inspections shall be required, performed and approved by Mason County Building Department personnel in accordance with WAC 296-150M 1501-0310 and manufacturer installation instructions. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. Chapter 14.25- MOBILE HOMES 14.25.070-Installation permit issuance and duration. Permit validity, expiration,suspension or revocation and time limitation of application shall be as established and adopted in the applicable sections of the currently adopted 20151RC/IBC(Section 14.04.010), Part I Administration and Section 14.08.040 shall apply. Chapter 14.30- PARK TRAILER/RECREATIONAL PARK TRAILER INSTALLATIONS FOR PARK TRAILERS/RECREATIONAL PARK TRAILERS 14.30.030-County standards for installation of recreational park trailers/park trailers. (b) If the manufacturer installation instructions are not available the owner may install the unit in accordance with installation instructions to be provided by a licensed design professional fef in accordance with,^i^r 2-96 rnnn A119.5 Section 5-8.These installation instructions must be on site for review by the building inspector. 14.30.070-Installation permit issuance and duration. (b) Permit validity, expiration,suspension or revocation and time limitation of application shall be as established and adopted in the applicable sections in the NO3-currently adopted IRC/IBC(Section 14.04.010), Part I Administration and Section 14.08.040 shall apply. 4 ATTACHMENT A Chapter 14.40- FACTORY-BUILT HOUSING, COMMERCIAL COACHES AND COMMERCIAL STRUCTURES 14.40.060-Installation permit issuance and duration. (b) Permit validity, expiration,suspension or revocation and time limitation of application shall be as established and adopted in the applieable serAiens On the 2 currently adopted IRC/IBC Section 14.04.010), Part I Administration and Section 14.08.040 shall apply. Chapter 14.44- EXCAVATION AND GRADING 14.44.140-Permit issuance. (c) Permit validity, expiration, suspension or revocation and time limitation of application shall be as established and adopted in the a^^"rab'^ sections of the 241-5 rrently adopted IRC/IBC Section 14.04.010) Part I Administration and Section 14.08.040 shall apply. 14.44.180-Fills. (d) Compaction.All fills shall be compacted minimum density as determined by 2015-currently adopted IBC(Section 14.04.010) and subject to all requirements held in chapters 17 and 18. . 14.44.190-Setbacks. (a) General. Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary. Setback dimensions shall be as shown in Figure No.J108.1,Appendix J in the 294-5-currently adopted I„teF„m;enarB„'Cede(Section 14.04.0101. 5 MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Kell Rowen, Planning Manager Action Agenda ❑ Public Hearing ❑x Other ❑ Department: Community Services Ext: 286 Date: January 5, zozs Agenda Item # 1D,3 (Commissioner Staff To Complete) Briefing Date: December 7, 2020 Briefing Presented By: Kell Rowen [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing January 5, zozs at 9:1.5 a.m.to consider rezone of a 0.57 acre parcel from Rural Commercial 3(RC3)to Rural Residential 2.5(RR2.5)within the Rural Activity Center of Taylor Towne. BACKGROUND: The property owner requests to rezone (downzone)a developed 0.57-acre parcel on Golden Pheasant Rd.,from Commercial to Residential.The parcel is the location of the Golden Pheasant Tavern,which has been closed for several years.The property owner plans to convert the Tavern back to a residential building.The Planning Advisory Commission voted 4-0 to approve the application request after review of staff report and hearing testimony at their scheduled meeting on November 3.6, 2020. . Request is considered an amendment to the Development Regulations and not a change to the Comprehensive Plan. RECOMMENDED ACTION: Board of County Commissioners shall approve the rezone of parcel number 31906-50- 000sg from RC3 to RR2.5. ATTAC IMENT(S): Ordinance Staff Report with Attachments 12/30/2020 Page 1 December 22,2020 Pk EQUIEST FOR REZONE APPLICANT PROPOSAL - PROPOSED REZONE OF 0.57 ACRES FROM RURAL COMMERCIAL 3 (RC3) TO RURAL RESIDENTIAL 2.5 (RR2.5) STAFF CONTACT Kell Rowen, Planning Manager Ext#286 APPLICANT PROPERTY OWNER Bonnie Ells Same PO Box 637 Shelton,WA 98584 SUMMARY OF PROPOSAL Rezone parcel 31906-50-000i9 from Rural Commercial 3 (RC3)to Rural Residential 2.5(RR2.5). This parcel is in the Rural Activity Center (RAC) of Taylor Town and is within the rural area of Mason County.This does not require an amendment to the Future Land Use Map. PARCEL INFORMATION Parcel No. -�igo&So:000sg: is 0.57 acres in size and is located west of and adjacent to W. Golden Pheasant Rd,which is west of and parallel to US soz,and south of and adjacent to W Delight Park Rd. This parcel is bordered on the south and west by property zoned as Rural Residential 2.5(RR2.5).The property to the north,across from Delight Park Rd. is zoned Rural Industrial. ZONING INFORMATION CURRENT ZONING DESIGNATION: RC 3—Rural Commercial 3 There are four types of rural commercial districts.These districts provide for a variety of commercial areas reflecting the diversity of existing business areas. Parcels with this designation that are located within RACs, hamlets, ICIAs, and other areas designated under RCW 36.70A.070(5)(d)(i) ("DI LAMIRDs") shall be principally designed to serve the existing and projected rural population.The county's primary method of such design is to limit building size, height, and floor to area ratios so that businesses of such size and intensity will ordinarily be oriented towards primarily serving the existing and projected rural population. Isolated LAMIRDs ("D2.and D3 LAMIRDs") of a commercial nature are not required to be principally designed to serve the rural population.These isolated commercial LAMIRDs, however, shall protect rural character, which is defined at RCW 36.70A.030(14), by containing and limiting rural development, by not being in conflict with surrounding uses and by assuring that such development is visually compatible with the surrounding area.The county's primary method of achieving such purpose is by providing for buffer yards, limiting the character of rezones, by limiting building size, height, and floor to area ratios in such a way as to be appropriate for the rural areas. Public services and facilities shall not be provided so as to permit low intensity sprawl. Staff Report-BOCC Paee 2 December 22.2020 (1) Rural Commercial 1 (RC 1) (See Section 17.04.320) (2) Rural Commercial 2 (RC 2) (See Section 17.04.330) (3) Rural Commercial 3 (RC 3) (See Section 17.04.340) (4) Rural Commercial 4 (RC 4) (See Section 17.04.350) (5) Rural Commercial 5 (RC 5) (See Section 17.04.360) PROPOSED ZONING DESIGNATION: RR2.5—Rural Residential 2.5 The purpose of the RR5 district is to provide for residential development on parcels of 2.5 acres or more. BACKGROUND The applicant inquired with the Planning Department about rezoning this property from RC3to RR 2.5.The 0.57-acre parcel is the location of the former Golden Pheasant Tavern.The tavern has been closed for several years and the property owner would like to convert the building back into a single family residence. ANALYSIS Mason County Code Section i7.o5.o8o(a)describes the eight rezone criteria used to review a rezone proposal. These criterions have been established and adopted specifically for Mason County to establish standards by which each rezone is to be reviewed. The Code requires that each rezone be evaluated considering these standards; however, it does not require that they all be met. Below is Staffs response to the proposed request: a.. Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. This criterion is met as the applicant's proposed rezone of the property will not damage public health, safety or welfare. All Environmental Health and Building codes will be adhered to prior to any proposed redevelopment. 2. The zone designation shall be consistent with the Mason County Comprehensive Plan, Development Regulations,and other county ordinances,and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. Staff believes this criterion has been met as it is consistent with the Comprehensive Plan and specifically consistent with the RR2.5 section of the Development Regulations. The residential zone is appropriate for this site and the structure currently resembles a single-family residence. 3. No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity.. This criterion is met as staff believes the rezone of these parcels would not increase sprawl or low- density development or cause it to occur. Staff Report-BOCC Page 3 December 22,2020 4. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or,development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas,including but not limited to streets, parking, utilities,fire protection, police, and schools. N/A Less intensive. 5. No rezone to more intensive land use shall be approved if, either by itself or,together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. N/A Less intensive. 6. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to. conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. N/A Less intensive. 7. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase. population growth in rural areas as projected in the Mason County Comprehensive Plan. N/A Less intensive. 8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. The proposal is not applicable and not being requested as the result of any mapping errors. STATE ENVIRONMENT PROTECTION ACT (SEPA) AS EPA checklist was prepared for this project. A formal SEPA Determinations of Non-Significance was made on October 27, 2020. Comment and appeal periods for these determinations closed on November 10, 2020. PUBLIC NOTIFICATION All property owners within 300 feet of the subject parcel was notified by mail informing them of the proposal to rezone the property. In addition, Public Notice of this public hearing was published in the Mason Shelton Journal on November 5 & 12, 2020. The Public Notice was posted onsite on Staff Report-BOCC Page 4 December 22,2020 November 2, 2020. Public Notice of this public hearing was published in the Mason Shelton Journal on December 24 and 31, 2020. PLANNING ADVISORY COMMISSION On November 16, 2020,the Planning Advisory Commission held a public hearing on this proposal. After calling fortestimony and deliberation,they made a 4-o decision to recommend approval to the BOCC. PUBLIC COMMENTS As of the date of this writing,no comments have been received. SUMMARY AND RECOMMENDATION Staff recommends that the Planning Advisory Commission recommend approval of this rezone to the Mason County Board of Commissioners. ATTACHMENTS • Current Zoning Map • SEPA DNS and Checklist • Application • Notice of Hearing • 6o-Day Notice to Commerce • Ordinance Staff Report-BOCC Mason County WA GIS Web Map y a� 4 ,A 1r t y I�,:9 Rezon�r � - t k rr y�r 11/5/2020, 4:16:10 PM 1:2,050 0 0.02 0.04 0.07 mi I1,t County Boundary ❑ Conservancy r �ITT 0 0.03 0.06 0.11 km ❑ Tax Parcels(Zoom in to 1:30,000) ❑ Natural Shoreline Environmental Designations No Designation Commercial DevelopmentAreas Source: Esri, Maxar, GeoEye, Earthstar Geographies, CNES/Airbus IDS, USDA,USGS,AeroGRID,IGN,and the GIS User Community,Esri,HERE, Residential ❑ Rural Multi Family Garmin,(c)OpenStreetMap contributors,and the GIS user community Rural ❑ Inholding Lands Masan County WA GIS Web Map Application Richard Diaz I Earthstar Geographies I Esri,HERE,Garmin I MASON COUNTY r Planning Division of Community 4MASON COUNTY Development • COMMUNITY SERVICES 615 W.Alder St. Bldg. 8, Shelton,WA 98584 360-427-9670 ext 352 �uadi�s PYae�r►ing�Emvironm�nta9 H�Igh,�4mmtinitk H�1t� DETERMINATION OF NONSIGNIFICANCE . (WAC 197-11-34) SEP2020-00062 Description of Rezone (downzone)from RC3 to RR2.5 Proposal: Proponent: ELLS BONNIE S Location of Proposal: 930 W GOLDEN PHEASANT RD Parcel Number: 319065000019 Legal Description: Lead Agency: Mason County Planner: Kell Rowen The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement(EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. Please contact the planner at 360-427-9670 x352 with any questions. This DNS is issued under WAC 197-11-340(2). The Lead Agency will not act on this proposal for"14 days from the date shown below, when the determination is final. Comments must be submitted to the Dept. of Community Development, 615 W Alder St, Shelton WA 98584 by: _ ._ 100-`2_0 2 D Appeal of this determination must be filed with a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. IQ 11-7 Authorized Local Government Official Date Page: 1 i SEPA Environmental Checklist Mason County Permit Center Use: SEP Z - nFJO L , Single Family DNG00D ❑ Other DNS: 0 to 9.99 acres: $730 Parcel#: !:�kl_q 0(e —_�Q-0 60 01 10 to 20 acres: $880 Date Rcvd: ' Over 20 acres: $1100 j ❑ DS/EIS: $5000+ $90 per hour I I I i Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant.This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further.analyze the proposal: Instructions for applicants: JtLeM This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use"not applicable"-or "does not apply" only When you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports.' Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to.determining if there may be significant adverse impact. -Instructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts, The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. -Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. A. BACKGROUND 1hpipj 1. Name of proposed project, if applicable: jhelpl ) ,t 2. .Name of applicant: be rrL�s 3. Address and phone number of applicant and contact person: lheLlo SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 1 of 11 4. Date checklist prepared: rhelpi 5. Agency requesting checklist: hf g!o 6. Proposed timing or schedule (including phasing, if applicable): hI eipl 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. 1LeM 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. h( eM am 4164 O-UJcLre 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. JLelp 10. List any government approvals or permits that will be needed for your proposal, if known he gJro vat �014a_otti� ��'�'�'���G�--���n O-OMe-rt a-L 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) hf elpl f v 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address,.if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. ILeM Parcel#(s): nn 7 r Address: qj, G), eo Legal Description: Twp/Range/Section and/or GPS location: SEPA Environmental checklist(INAC 197-11-960)(MC version-non project portion omitted): 2016 Page 2 of 11 B. ENVIRONMENTAL ELEMENTS hLelp� 1. Earth a. General description of the site hf e (circle one): •Fla rolling, hilly, steep slopes, mountainous, other: b. What is the steepest slope on the site (approximate percent slope)? hf pim c. What general types of soils are found on the site (for example, clay, sand, grave , peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. h( elpl I/" .S6r/a ScLb'el 4r1eeM,6'VkL d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. JLqiM fvb e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. IkM ly© IA�g C-g W.L's f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. fbglm 9c) g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 2gjM w®i Zkc l ��in ei- h. Proposed measures to reduce or cont of erosion, or other impacts to the earth, if any: hf O .,alp 2. Air a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. ffigM Ib b. Are there any off-site sources of emissions or odor that may affect your propf sal? If so generally describe.ltgM we,4/6 0-M 0 LO&LO- 0 �t Irr1 e, U c. Proposed measures to reduce or control emissions or other impacts to air, if any: hf elm sEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2018 Page 3 of 11. 3. Water a. Surface Water: h( eM 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds; wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. [bptpl A/0 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. JLet iU( �- 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. LeM 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. h> pj Alb 5) Does the proposal�� //lie within a 100-year floodplain? If so, note location on the site plan. het /VD 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the tYPe of waste and anticipated volume of discharge. 1LeS1J b. Ground Water: 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give-a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. JLeiM 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals. . . ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. JbpM c. Water.runoff(including stormwater): 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. het A h,ez" I Q hd� Page 4 of 11 SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 2) Could waste materials enter ground or surface waters? If so, generally describe: hey 3) Does the proposal alter or aetaftdrainage patterns in the vicinity of the site? If so, describe. 9� d. Proposed measures to reduce or control surface, ground,and r noff water, and drainage pattern impacts, if any: ''t:��� � 4. Plants h[ eli�l a. Check the types of vegetation found on the site: h[ ell deciduous tree: alder, maple, aspen, other �j�evergreen tree: fir, cedar, pine, other shrubs LjeS grass �o pasture Ny crop or grain _A10 orchards, vineyards or other permanent crops (D_wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other 110 water plants: water lily, eelgrass, milfoil, other Cams other types of vegetation /Q h.o Cl es F b. What kind and amount of vegetation will be re oved or altered?1heipl /7/0 ds 1,6 try . c. List-threatened and endangered species known to be on or near the site. bpjpl d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: IMO e. List all noxious weeds and invasive species known to be on or near the site. �o N� 5. Animals a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: hI ggo birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 5 of 11 b. List any threatened and endangered species known to be on or near the site. el c. Is the site part of a migration route? If so, explain. 1helo ,y/C' d. Proposed measures to preserve or enhance wildlife, if any: LeM a/�� �� # e. List any invasive animal species known to be on or near the site. 6. Energy and natural resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. hel he_C[.�t,y�U , /E J2.0--t rl b. Would your project affect the potential use of solar energy by adjacent properties? If so, neral�0�s t 1 OP WO c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: heM f feGX1-i G i-tI 7. Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. lbpjo N p 1) Describe any known or possible contamination at the site from present or past uses. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity�.� � 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. Ale, 4) Describe special emergency services that might be required. Page 6 of 11: SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 5) Proposed measures to reduce or control environmental health hazards, if any: b. NoiseQ=y1�ds 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)?JLeM 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indi- cate what hours noise would come from the site. hey 3) Proposed measures to reduce or control'noise impacts, if any: hey 8. Land and shoreline use a. What is the current use of the site and.adjacent properties?Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. h� elpl b. Has the project site been used as working farmlands or working forest lands? If so, describe. 10) How much agricultural or forest land of long-term commercial significance will be.converted to other uses as a result of the proposal, if any? Io If resource lands have not been designated, how many acres in farmland.or forest land tax status will be converted to nonfarm or nonforest use? hL�l 1) Will the proposal affect.or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: i D f i"Vbi � IQ c. Describe any structures on the site. hj elpl d. Will any structures be demolished? If so, what?ItLeM ev— ce,)OOC-Z� SGzC,� A/o�- &-or- e e. What is the current zoning classification of thelite? melpl &01,YL P-, O 3 t 9"A-,9-L &C&v cif 2.5 f. What is the current comprehensive plan designation of the site? hei wA U SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Pzrge 7 of 11 g. If applicable, what is the current shoreline master program designation of the site? hem WO sine re. /c>-M h. Has any part of the site been classified as a critical area by the city or county? If so, specify. hem /�0 i. Approximately how many people would reside or work in the completed project? Jbel q j. Approximately how many people would the completed project displace? melO VO k. Proposed measures to avoid or reduce displacement impacts, if any: JkM 6 a}ca, tn, Aa M o b l le- llom tv-/'41'�V tEv-a ///biy 6e. L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: h[ elo m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: pp 4�c -#a-;6 _7 am 4�v&te, 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. hf ego la"& a�to-d w b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. ILelp c. Proposed measures to reduce or control housing impacts, if any: hf @1 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? hLeN b. What views in the immediate vicinity w uld be altered or obstructed? hf elpl c. Proposed measures to reduce or control aesthetic impacts, if any: tbpjpl 11. Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? hLlp] oAf & e �� b. Could light or glare from the finished project be a safety hazard or interfere with views?ILelp RVO SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 8 of 11 c. What existing off-site sources of light or glare may affect your proposal? he► Hover d. Proposed measures to reduce or control light and glare impacts, if any: [help] A(OlV J 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity?JtLei b. Would the proposed project displace any existing recreational uses? If so, describe. MgjPJ XID c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: h( go xe) 4� 13. Historic and cultural preservation a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site? If so, specifically describe. hey X/6 b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries.Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. lLeio c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department.of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. h[ eg d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. �(D �J C.) 14. Transportation a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the exi ti g street system. Show on site plans, if any. 112eM SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 9 of 11 b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop?ILPM �V D c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate?lheio d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). heV e. Will the project or proposal use (or occur in the immediate vicinity of)water, rail, or air transportation? If so, generally describe. rhelpi Ala f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? hf eid 01 g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. NO h. Proposed measures to reduce or control transportation impacts, if any: heel 15. Public services a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe: [helpi N � b. Proposed measures to reduce or control direct impacts on public services, if any. hey No W-e, 16. Utilities a. Circle utilities currently available at the site: hel electricity natural gas . refuse service, telephone sanitary sewer, septic system other SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 10 of 11 b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. hf eLI C C. SIGNATURE hf elpl The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Signed: �& ?Oat Print Name of Signee: Q f) Y11 e y L L If applicable, Position and Agency/Organization: Date Submitted: SEPA Environmental checklist(WAC 197.11-960)(MC version-non project portion omitted): 2016 Page 11 of 11 Fe0$2-,22-0-00 MASON COUNTY • COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health 615 W.Alder St.—Bldg.8,Shelton,WA 98584 Phone:(360)427-9670 ext.352♦ Fax:(360)427-7798 APPLICATION FOR AMENDMENT TO: El Comprehensive Plan Policy El Development Regulations ❑Future Land Use Map (Comp Plan Amendment) �4oning Map (Development Regulation Amendment) One application per parcel or contiguous group of parcels. This application does not guarantee approval. You should discuss your proposal with the County Long Range Planner prior to application. Burden is on applicant to show compliance with the Comprehensive Plan or Growth Management Act policies and other planning ordinances. Applicant: Mailing Address: City: ( 1V\.-C\ State: Zip: - 6 4E�S Telephone No.: � 3� Parcel Number(s): [Ot D k —So — 0 0 0 l Parcel Size and Legal Description: What kind of change in Comprehensive Plan Policy, Development Regulation,or Comprehensive Plan Map(Future Land Use/Zoning)is requested?(Attach additional pages,if needed.) Rationale for the Request: (include information on the property features, land use,and maps that-will be us d in considering your application) (see the attached-inform tion sheet) Comme r�c� Q wkd- �r/L Signature and date NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing from the Mason County Courthouse Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday,January 5, 2021, at 9:15 A.M.These hearings will be held via Zoom, see below for details. SAID HEARING will be to consider a Rezone (downzone) of a 0.57 acre parcel (31906-50-00019)from Rural Commercial 3 (RC3)to Rural Residential 2.5 (RR2.5) in Taylor Towne. If you have questions, please contact Kell Rowen (360) 427-9670, Ext. 286. For zoom information please see County's home page: https://www.co.mason.wa.us/or if special accommodations are needed, please contact the Commissioners' office, 427- 9670, Ext. 419. DATED this 15th day of December 2020 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Clerk of the Board c: Journal- Publish 2x: December 24&31, 2020 - (Bill: Community Development—615 W.Alder,Shelton,WA 98584) 1 w STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE•PO Box 42525.Olympia, Washington 98504-2525•(360)725-4000 www.commerce.wa.gov 10/28/2020 Ms.Kell Rowen Planning Manager Mason County 411 N 5th Street Shelton,WA 98332 Sent Via Electronic Mail Re: Mason County--2020-S-1972--60-day Notice of Intent to Adopt Amendment Dear Ms. Rowen: Thank you for sending the Washington State Department of Commerce (Commerce)the 60-day Notice of Intent to Adopt Amendment as required under RCW 36.70A.106. We received your submittal with the following description. Downzone a single parcel from Rural Commercial to Rural Residential in Taylor Towne, Mason County We received your submittal on 10/28/2020 and processed it with the Submittal ID 2020-S-1972. Please keep this letter as documentation that you have met this procedural requirement. Your 60-day notice period ends on 12/27/2020. We have forwarded a copy of this notice to other state agencies for comment. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions,please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Gary Idleburg, (360).725-3045. Sincerely, Review Team Growth Management Services Page: 1 of 1 ORDINANCE NUMBER AMENDMENTTO MASON COUNTY DEVELOPMENT AREAS (ZONING) MAP ELLS REZONE_ ORDINANCE Mason County Development Areas Map (Zoning) under the authority of RCW 36.70A. WHEREAS, the Washington State Growth Management Act (RCW 36.70A.130) requires each county, including Mason County, to take legislative action to review and revise its comprehensive plan and development regulations to ensure that the plan and regulations continue to comply with the requirements of the Act; and WHEREAS, the County needs to address certain requests for comprehensive plan and zoning changes to meet the goals and requirements of Chapter 36.70A RCW (Growth Management Act); and WHEREAS, Bonnie Ells, owner of real property in Mason County known as parcel 31906-50- 00019, has requested a zoning change of the property from Rural Commercial 3 (RC3)to Rural Residential 5(RR5); and WHEREAS, on November 16, 2020, the Mason County Planning Advisory Commission held a public hearing to consider the amendment and passed a unanimous (4-0) motion to recommend approval of said rezone; and WHEREAS, the Board of County Commissioners considered the requested rezone at a duly advertised public hearing on January 5, 2021; and WHEREAS,the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments,testimony and comments presented; and WHEREAS, the. Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to the Zoning Map complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendment to the Mason County Zoning Map rezoning parcel 31906-50-00019 from Rural Commercial 3 (RC3) to Rural Residential 5(RR5). DATED this day of 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY,WASHINGTON ATTEST: Sharon Trask, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Randy Neatherlin, Commissioner Tim Whitehead, Chief DPA Kevin Shutty, Commissioner 2 - -