HomeMy WebLinkAbout2021/01/11 - Briefing Packet i
MASON COUNTY COMMISSIONER BRIEFING INFORMATION FOR WEEK OF
JAN UARY 11, 2021
In the spirit of public information and inclusion, the attached is a draft of
information for Commissioner consideration and discussion at the above briefing.
This information is subject to change, additions and/or deletion and is not all
inclusive of what will be presented to the Commissioners.
Please see draft briefing agenda for schedule.
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1854
Pursuant to Proclamation by the Governor 20-28.14, in-person attendance to
Commission meetings is temporarily restricted.
Our Commission meetings are live streamed at hq:Hmasonwebtv.com/ and we will accept
public comment via email dlz@co.mason.wa.us; or mail to Commissioners Office, 411
North 51 Street, Shelton, WA 98584; or call 360-427-9670 ext. 419. If you need to
listen to the Commission meeting via your telephone, please provide your telephone
number to the Commissioners'office no later than 4 p.m. the Friday before the meeting.
BOARD OF MASON COUNTY COMMISSIONERS
DRAFT BRIEFING MEETING AGENDA
411 North Fifth Street, Shelton WA 98584
Week of January 11, 2021
Monday - Friday
8:00 A.M. COVID-19 Coordinators Briefing*
Public Works Meeting Room A
100 Public Works Way
Noon WA State Association of Counties Zoom Meeting*
Coronavirus Relief Funding
*This is being noticed as a Special Commission Meeting because a quorum of the Mason County
Commission may attend this event and notification is provided per Mason County Code Chapter
2.88.020 - Special Meetings
Monday, January 11, 2021
Commission Chambers
Times are subject to change, depending on the amount of business presented
9:00 A.M. WSU Extension — Dan Teuteberg
9:10 A.M. Public Defense — Peter Jones
9:15 A.M. Support Services — Frank Pinter
9:45 A.M. Public Works — Loretta Swanson
Utilities &Waste Management
10:00 A.M. Community Services — Dave Windom
10:30 A.M. Closed Session — RCW 42.30-140 (4) Labor Negotiation
Commissioner Discussion — as needed
Briefing Agendas are subject to change,please contact the Commissioners'office for the most recent version.
Last printed 01/07/21 at 9:33 AM
If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair
#275-4467,Elma#482-5269.
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Dan Teuteberg, Director
DEPARTMENT: WSU Extension EXT: 686
BRIEFING DATE: January 11, 2021
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
ITEM: Explanation of 2021 Washington State University Extension — Mason County
"Memorandum of Agreement"Appendix A Form.
EXECUTIVE SUMMARY: (If applicable, please include available options and
potential solutions): Request signature of the chair on the "Memorandum of
Agreement"Appendix A between Mason County and Washington State University
Extension. "Memorandum of Agreement"Appendix A provides funding for WSU
Extension to provide programs in Mason County based upon the 2021 budget.
BUDGET IMPACTS: WSU Extension budget impact of$71,684 (included in the 2021
adopted budget).
RECOMMENDED OR REQUESTED ACTION: Recommend that the board approves
to place the 2021 "Memorandum of Agreement"Appendix A between Mason County
and Washington State University Extension on the consent agenda for signature.
ATTACHMENTS:
1. 2021 Memorandum of Agreement Appendix A between Washington State
University Extension and Mason County.
Briefing Summary 1/5/2021
MEMORANDUM OF AGREEMENT
Between
WASI INGTON STATE UNIVERSITY EXTENSION
And
Mason County
APPENDIX A
The following funds will be provided under this Memorandum of Agreement for the period January 1, 2021
through December 31,2021 to provide an extension program.
Federal Funds $ 0.00 Non-Federal Funds $ 71,684.00
TOTAL FUNDS $ 71,684.00
It is understood that non-Federal funds provided by the County in support of this agreement may be identified by
WSU as match for Federal capacity program(Hatch Act, Smith-Lever Act, etc.) funds received by WSU to
support Extension activities.
Dr.Vicki McCracken Date Randy Neatherlin Date
Director Chair,Mason County Commission
WSU Extension
Daniel G.Nordquist Date
Associate Vice President
Office of Research Support and Operations
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Peter Jones
DEPARTMENT: EXT:
240 - Indigent Defense 598
BRIEFING DATE: 14-21
PREVIOUS BRIEFING DATES:
If this is a follow-up briefing, please provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance o Human Resources
❑ Legal ❑ Other— please explain
1. Review and Accept 2021 contracts with Taschner Law Office
ITEM:
2. Accept CARES funding from State OPD
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions): 1. Contracts with Taschner law represent a simple extension of 2020 contracts.
2. The State Office of Public Defense has provided a reimbursement grant for some iten
BUDGET IMPACT:
1. None - already accounted for
2. Revenue of$1,159.38 reimbursing for money spent in 2020 budget.
PUBLIC OUTREACH:(include any legal requirements, direct notice,website,community
meetings,etc.)
None
RECOMMENDED OR REQUESTED ACTION:
Approve both items
ATTACHMENTS:
1. District and Superior Court Contracts with Taschner Law
2. Proposed A-19 reimbursement request for State OPD
Briefing Summary 10/28/2020
MASON COUNTY
PROFESSIONAL SERVICES CONTRACT
This CONTRACT is made and entered into by and between Mason County, hereinafter referred
to as"COUNTY" and Taschner Law, PLLC, referred to as"CONTRACTOR." COUNTY and
CONTRACTOR are collectively referred to as"Parties"to this CONTRACT.
RECITALS:
WHEREAS, COUNTY has a need to procure the services of an individual to serve as a
contracted Public Defense attorney for Mason County District Court; and
WHEREAS, CONTRACTOR warrants that he is qualified, licensed and competent to render the
aforesaid services.
NOW, THEREFORE, for and in consideration of the CONTRACT made, and the payments to be
made by COUNTY, the parties agree to the following:
Special Conditions:
Responsibilities:
CONTRACTOR will be responsible for:
1. Providing high quality legal representation of indigent defendants in adult criminal matters in
Mason County District Court.
2. Knowing and complying with the standards for indigent defense as detailed in the Supreme
Court of Washington's Order 25700-A-1004.
Conclusion of CONTRACT Performance Period:
At the conclusion of this term, should the contract not be renewed, the following conditions will
apply:
A. Unless otherwise provided in "B" below, for appointments made through the end of the
contract period, additional payment shall be made to CONTRACTOR for time spent following
the end of the term at the rate of$50 per hour through the conclusion of the case, subject to a
determination of reasonableness.
B. Unless otherwise ordered by the Court, any assigned case that is in warrant status at the end
of the contract period, or any assigned case that enters warrant status after the conclusion of
the contract period, shall be reassigned to a new attorney upon the Defendant's next
appearance before the Court.
Termination by CONTRACTOR:
CONTRACTOR may terminate this CONTRACT by providing COUNTY with a written notice
thirty (30) or more days before last day services will be provided.
General Conditions
Scope of Services:
CONTRACTOR agrees to provide COUNTY the services and any materials as set forth as
identified in"Exhibit A Scope-of-Services,"during the CONTRACT period. No material, labor or
facilities will be furnished by COUNTY, unless otherwise provided for in the CONTRACT.
Performance Period:
The performance period for this CONTRACT will start on Jan 1, 2021 and will end on December
31, 2021 or sooner as determined by COUNTY following a thirty (30)day written notice.
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Service Outside of Performance Period:
Services provided by CONTRACTOR prior to or after the term of this CONTRACT shall be
performed at the expense of CONTRACTOR and are not compensable under this CONTRACT
unless both parties hereto agree to such provision in writing. The term of this CONTRACT may
be extended by mutual consent of the parties; provided, however, that the CONTRACT is in
writing and signed by both parties
Compensation:
CONTRACTOR will be compensated as detailed in Exhibit B Compensation.
Accounting and Payment for CONTRACTOR Services:
A. Payment to the CONTRACTOR for services rendered under this CONTRACT shall be as set
forth in"Exhibit B Compensation." Where Exhibit"B" requires payments by the COUNTY,
payment shall be based upon written claims supported, unless otherwise provided in Exhibit"B,"
by documentation of units of work actually performed and amounts earned, including,where
appropriate, the actual number of days worked each month, total number of hours for the
month, and the total dollar payment requested, so as to comply with municipal auditing
requirements. Acceptable invoices will be processed within 30 days of receipt.
B. Unless specifically stated in Exhibit"B" or approved in writing in advance by the official
executing this CONTRACT for COUNTY or his or her designee (hereinafter referred to as the
"Administrative Officer"). COUNTY will not reimburse the CONTRACTOR for any costs or
expenses incurred by the CONTRACTOR in the performance of this CONTRACT. Where
required, COUNTY shall, upon receipt of appropriate documentation, compensate the
CONTRACTOR, no more often than monthly, in accordance with COUNTY's customary
procedures, pursuant to the fee schedule set forth in Exhibit"B."
Taxes:
A. CONTRACTOR understands and acknowledges that COUNTY will not withhold Federal or
State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes
COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation
received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of
the calendar year in accordance with the applicable IRS regulations. It is the responsibility of
the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any,
and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's
performance of this CONTRACT. The CONTRACTOR hereby agrees to indemnify COUNTY
against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on
compensation earned pursuant to this CONTRACT.
B. COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as
required by law. The CONTRACTOR must pay all other taxes, including, but not limited to,
Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or
personal property to which COUNTY does not hold title. COUNTY is exempt from Federal
Excise Tax.
Withholding Payment:
In the event the CONTRACTOR has failed to perform any obligation under this CONTRACT
within the times set forth in this CONTRACT, then COUNTY may, upon written notice, withhold
from amounts otherwise due and payable to CONTRACTOR, without penalty, until such failure
to perform is cured or otherwise adjudicated. Withholding under this clause shall not be
deemed a breach entitling CONTRACTOR to termination or damages, provided that COUNTY
promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to
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perform, and in no case more than ten (10) days after it determines to withhold amounts
otherwise due. A determination of the Administrative Officer set forth in a notice to the
CONTRACTOR of the action required and/or the amount required to cure any alleged failure to
perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within
the times and in strict accord with the provisions of the Disputes clause of this CONTRACT.
COUNTY may act in accordance with any determination of the Administrative Officer which has
become conclusive under this clause, without prejudice to any other remedy under the
CONTRACT, to take all or any of the following actions: (1)cure any failure or default, (2)to pay
any amount so required to be paid and to charge the same to the account of the
CONTRACTOR, (3)to set off any amount so paid or incurred from amounts due or to become
due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the
Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith
withholding by COUNTY under this clause.
Labor Standards:
CONTRACTOR agrees to comply with all applicable state and federal requirements, including
but not limited to those pertaining to payment of wages and working conditions, in accordance
with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the
Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly
payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic
shall be required to work in surroundings or under conditions which are unsanitary, hazardous,
or dangerous to health and safety as determined by regulations promulgated by the Federal
Secretary of Labor and/or the State of Washington.
Independent Contractor:
A. CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent
contractor, and nothing herein contained shall be construed to create a relationship of
employer-employee. All payments made hereunder and all services performed shall be made
and performed pursuant to this CONTRACT by the CONTRACTOR as an independent
contractor.
B. CONTRACTOR acknowledges that the entire compensation for this CONTRACT is specified
in Exhibit B Compensation and the CONTRACTOR is not entitled to any benefits including, but
not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to employees of COUNTY.
C. CONTRACTOR represents that he/sheet maintains a separate place of business, serves
clients other than COUNTY, will report all income and expense accrued under this CONTRACT
to the Internal Revenue Service, and has a tax account with the State of Washington
Department of Revenue for payment of all sales and use and Business and Occupation taxes
collected by the State of Washington.
D. CONTRACTOR will defend, indemnify and hold harmless COUNTY, its officers, agents or
employees from any loss or expense, including, but not limited to, settlements,judgments,
setoffs, attorneys'fees or costs incurred by reason of claims or demands because of breach of
the provisions of this paragraph.
Assignment and Subcontracting:
The performance of all activities contemplated by this CONTRACT shall be accomplished by
CONTRACTOR. No portion of this CONTRACT may be assigned or subcontracted to any other
individual,firm or entity without the express and prior written approval of COUNTY.
No Guarantee of Employment:
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The performance of all or part of this CONTRACT by the CONTRACTOR shall not operate to
vest any employment rights whatsoever and shall not be deemed to guarantee any employment
of CONTRACTOR or any employee of CONTRACTOR or any sub-contractor or any employee
of any sub-contractor by COUNTY at the present time or in the future.
Conflict of Interest:
If at any time prior to commencement of, or during the term of this CONTRACT, CONTRACTOR
or any of its employees involved in the performance of this CONTRACT shall have or develop
an interest in the subject matter of this CONTRACT that is potentially in conflict with the
COUNTY's interest, then CONTRACTOR shall immediately notify COUNTY of the same. The
notification of COUNTY shall be made with sufficient specificity to enable COUNTY to make an
informed judgment as to whether or not COUNTY's interest may be compromised in any
manner by the existence of the conflict, actual or potential. Thereafter, COUNTY may require
CONTRACTOR to take reasonable steps to remove the conflict of interest. COUNTY may also
terminate this CONTRACT according to the provisions herein for termination.
Non-Discrimination in Employment:
COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of
employment for all qualified applicants and employees without regard to race, color, creed,
religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status.
CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or
applicant for employment on the grounds of race, color, creed, religion, national origin, sex,
sexual orientation, age, marital status, disability, or veteran status, except where such
constitutes a bona fide occupational qualification.
Non-Discrimination in Client Services:
CONTRACTOR shall not discriminate on the grounds of race, color, creed, religion, national
origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an
individual or business any service or benefits under this CONTRACT; or subject an individual or
business to segregation or separate treatment in any manner related to his/her/its receipt any
service or services or other benefits provided under this CONTRACT; or deny an individual or
business an opportunity to participate in any program provided by this CONTRACT.
Waiver of Noncompetition:
CONTRACTOR irrevocably waives any existing rights which it may have, by contract or
otherwise,to require another person or corporation to refrain from submitting a proposal to or
performing work or providing supplies to COUNTY, and CONTRACTOR further promises that it
will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain
from submitting a bid or proposal to or from performing work or providing supplies to COUNTY.
Confidentiality:
CONTRACTOR, its employees, sub-contractors, and their employees shall maintain the
confidentiality of all information provided by COUNTY or acquired by CONTRACTOR in
performance of this CONTRACT, except upon the prior written consent of COUNTY or an order
entered by a court after having acquired jurisdiction over COUNTY. CONTRACTOR shall
immediately give to COUNTY notice of any judicial proceeding seeking disclosure of such
information. CONTRACTOR shall indemnify and hold harmless COUNTY, its officials, agents
or employees from all loss or expense, including, but not limited to, settlements,judgments,
setoffs, attorneys'fees and costs resulting from CONTRACTOR's breach of this provision.
Right to Review:
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This CONTRACT is subject to review by any Federal, State or COUNTY auditor. COUNTY or
its designee shall have the right to review and monitor the financial and service components of
this program by whatever means are deemed expedient by the Administrative Officer or by
COUNTY's Auditor's Office. Such review may occur with or without notice and may include, but
is not limited to, on-site inspection by COUNTY agents or employees, inspection of all records
or other materials which COUNTY deems pertinent to the CONTRACT and its performance, and
any and all communications with or evaluations by service recipients under this CONTRACT.
CONTRACTOR shall preserve and maintain all financial records and records relating to the
performance of work under this CONTRACT for six (6) years after CONTRACT termination, and
shall make them available for such review,within Mason County, State of Washington, upon
request. CONTRACTOR also agrees to notify the Administrative Officer in advance of any
inspections, audits, or program review by any individual, agency, or governmental unit whose
purpose is to review the services provided within the terms of this CONTRACT. If no advance
notice is given to CONTRACTOR, then CONTRACTOR agrees to notify the Administrative
Officer as soon as it is practical.
Insurance Requirements:
At a minimum, CONTRACTOR shall provide insurance that meets or exceeds the requirements
detailed in "Exhibit C Insurance Requirements."
Insurance as a Condition of Payment:
Payments due to CONTRACTOR under this CONTRACT are expressly conditioned upon the
CONTRACTOR's strict compliance with all insurance requirements under this CONTRACT.
Payment to CONTRACTOR shall be suspended in the event of non-compliance. Upon receipt
of evidence of full compliance, payments not otherwise subject to withholding or set-off will be
released to CONTRACTOR.
Proof of Insurance:
A Certificate of Insurance naming COUNTY as the Certificate Holder must be provided to
COUNTY within five (5) days of CONTRACT execution.
Industrial Insurance Waiver:
With respect to the performance of this CONTRACT and as to claims against COUNTY, its
officers, agents and employees, CONTRACTOR expressly waives its immunity under Title 51 of
the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and
agrees that the obligations to indemnify, defend and hold harmless provided in this CONTRACT
extend to any claim brought by or on behalf of any employee of CONTRACTOR. This waiver is
mutually negotiated by the parties to this CONTRACT.
CONTRACTOR Commitments, Warranties and Representations:
Any written commitment received from CONTRACTOR concerning this CONTRACT shall be
binding upon CONTRACTOR, unless otherwise specifically provided herein with reference to
this paragraph. Failure of CONTRACTOR to fulfill such a commitment shall render
CONTRACTOR liable for damages to COUNTY. A commitment includes, but is not limited to,
any representation made prior to execution of this CONTRACT, whether or not incorporated
elsewhere herein by reference, as to performance of services or equipment, prices or options
for future acquisition to remain in effect for a fixed period, or warranties.
Defense and Indemnity Contract:
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A. Indemnification by CONTRACTOR. To the fullest extent permitted by law, CONTRACTOR
agrees to indemnify, defend and hold COUNTY and its departments, elected and appointed
officials, employees, agents and volunteers, harmless from and against any and all claims,
damages, losses and expenses, including but not limited to court costs, attorneys fees and
alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness,
disease or death and for any damage to or destruction of any property(including the loss of use
resulting therefrom)which 1) are caused in whole or in part by any act or omission, negligent or
otherwise, of the CONTRACTOR, its employees, agents or volunteers or CONTRACTOR's
subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising
out of, resulting from, or in connection with performance of this CONTRACT; or 3) are based
upon CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property
of COUNTY. This indemnification obligation of CONTRACTOR shall not apply in the limited
circumstance where the claim, damage, loss or expense is caused by the sole negligence of
COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way
by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other
workmen's compensation act, disability benefit act or other employee benefit act, and the
CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing
indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to
enter into this CONTRACT, are reflected in CONTRACTOR's compensation, and have been
mutually negotiated by the parties.
B. Participation by County— No Waiver. COUNTY reserves the right, but not the obligation, to
participate in the defense of any claim, damages, losses or expenses and such participation
shall not constitute a waiver of CONTRACTOR's indemnity obligations under this CONTRACT.
C. Survival of CONTRACTOR's Indemnity Obligations. CONTRACTOR agrees all
CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of
this CONTRACT.
Compliance with Applicable Laws, Rules and Regulations:
This CONTRACT shall be subject to all laws, rules, and regulations of the United States of
America, the State of Washington, political subdivisions of the State of Washington and Mason
County. CONTRACTOR also agrees to comply with applicable Federal, State, County or
municipal standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals.
Administration of Contract:
COUNTY hereby appoints, and CONTRACTOR hereby accepts, the Mason County Support
Services Director or designee, as COUNTY's representative, hereinafter referred to as the
Administrative Officer, for the purposes of administering the provisions of this CONTRACT,
including COUNTY's right to receive and act on all reports and documents, and any auditing
performed by the COUNTY related to this CONTRACT. The Administrative Officer is:
Peter Jones
Chief Public Defender
Mason County
411 N. 5th Street
Shelton,WA 98584
Phone: 360-427-9670 Ext. 280
E-mail: peted(cD-co.mason.wa.us
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Notice:
Except as set forth elsewhere in the CONTRACT, for all purposes under this CONTRACT
except service of process, notice shall.be given by CONTRACTOR to COUNTY's Administrative
Officer under this CONTRACT.. Notices and other communication may be conducted via e-mail,
U.S. mail,fax, hand-delivery or other generally accepted manner including delivery services.
Modifications:
Either partyy may request changes in the CONTRACT. Any.and all.agreed modifications,to be
valid and binding upon either party,shall be in writing and signed by,both of the parties.
Termination for Default:
A. If CONTRACTOR defaults by failing to perform any of the obligations of the CONTRACT or
becomes insolvent or is declared bankrupt or.commits any act of bankruptcy or insolvency or
makes an assignment for the benefit of creditors, COUNTY may, by depositing written notice to
CONTRACTOR in the U.S. mail, terminate the CONTRACT, and at COUNTY's option, obtain
performance of the work elsewhere. If the CONTRACT is terminated for default,
CONTRACTOR shall not be entitled to receive any further payments under the CONTRACT
until all work called for has been fully performed. Any extra cost or damage to COUNTY
resulting from such default(s) shall be deducted from any-money due or coming due,to
CONTRACTOR. CONTRACTOR shall bear any extra expenses incurred by.COUNTY in
completing the work,:including all.increased costs for completing the work, and all damage
sustained, or which may be sustained by COUNTY by reason of such default.
13. If a notice of termination for default has been issued and it is later determined for.any reason
that CONTRACTOR was not in default,the rights and 'obligations of the parties shall'be the
same.as if the notice of termination had been issued pursuant to the Termination for Public:
Convenience paragraph hereof.
Termination for Public Convenience:
COUNTY may terminate this CONTRACT in whole or in part whenever COUNTY determines, in
its sole discretion,that.such termination is in the interests of COUNTY. whenever the,
CONTRACT is terminated in accordance with:this.paragraph, CONTRACTOR shall-.be'entitled
to payment for actual work performed in compliance.with Exhibit A Scope-of=Services and
Exhibit Compensation. An equitable adjustment in the CONTRACT price for partially
completed items of work will be made, but such adjustment shall not include provision for loss of
anticipated profit on deleted or uncompleted work. Termination of this CONTRACT by
COUNTY at any time during the term, whether for default or convenience, shall not constitute
breach of CONTRACT by COUNTY.
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Termination for Reduced Funding:
COUNTY may terminate this CONTRACT in whole or in part should COUNTY determine, in its
sole discretion, that such termination is necessary due to a decrease in available funding
including State and/or Federal grants. Whenever the CONTRACT is terminated in accordance
with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed
in compliance with Exhibit A Scope-of-Services and Exhibit B Compensation.
Disputes:
A. Differences between the CONTRACTOR and COUNTY, arising under and by virtue of the
AGREEMENT shall be brought to the attention of COUNTY at the earliest possible time in order
that such matters may be settled or other appropriate action promptly taken. For objections that
are not made in the manner specified and within the time limits stated, the records, orders,
rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive.
B The CONTRACTOR shall not be entitled to additional compensation which otherwise may be
payable, or to extension of time for(1) any act or failure to act by the Administrative Officer of
COUNTY, or(2) the happening of any event or occurrence, unless the CONTRACTOR has
given COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of
the act, failure, or event giving rise to the claim, and before final payment by COUNTY. The
written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR
believes additional compensation or extension of time is due, the nature of the cost involved,
and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and
complete daily records of the work performed, labor and material used, and all costs and
additional time claimed to be additional.
C. The CONTRACTOR shall not be entitled to claim any such additional compensation, or
extension of time, unless within thirty (30) days of the accomplishment of the portion of the work
from which the claim arose, and before final payment by COUNTY, the CONTRACTOR has
given COUNTY a detailed written statement of each element of cost or other compensation
requested and of all elements of additional time required, and copies of any supporting
documents evidencing the amount or the extension of time claimed to be due.
Arbitration:
A. Other than claims for injunctive relief brought by a party hereto (which may be brought either
in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove,
any claim, dispute or controversy between the parties under, arising out of, or related to this
CONTRACT or otherwise, including issues of specific performance, shall be determined by
arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA)
rules in effect on the date hereof, as modified by this CONTRACT. There shall be one arbitrator
selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or
any other group having similar credentials. Any issue about whether a claim is covered by this
CONTRACT shall be determined by the arbitrator. The arbitrator shall apply substantive law
and may award injunctive relief, equitable relief(including specific performance), or any other
remedy available from a judge, including expenses, costs and attorney fees to the prevailing
party and pre-award interest, but shall not have the power to award punitive damages. The
decision of the arbitrator shall be final and binding and an order confirming the award or
judgment upon the award may be entered in any court having jurisdiction. The parties agree
that the decision of the arbitrator shall be the sole and exclusive remedy between them
regarding any dispute presented or pled before the arbitrator. At the request of either party
made not later than forty-five (45) days after the arbitration demand, the parties agree to submit
the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided,
that either party may decline to mediate and proceed with arbitration.
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B. Any arbitration proceeding commenced to enforce or interpret this CONTRACT shall be
brought within six (6) years after the initial occurrence giving rise to the claim, dispute or issue
for which arbitration is commenced, regardless of the date of discovery or whether the claim,
dispute or issue was continuing in nature. Claims, disputes or issues arising more than six(6)
years prior to a written request or demand for arbitration issued under this Agreement are not
subject to arbitration.
Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any
of the terms of this CONTRACT, the venue of such action of litigation shall be in the courts of
the State of Washington and Mason County. Unless otherwise specified herein, this
CONTRACT shall be governed by the laws of the State of Washington.
Severabiliity:
If any term or condition of this CONTRACT or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this CONTRACT are declared severable.
Waiver:
Waiver of any breach or condition of this CONTRACT shall not be deemed a waiver of any prior
or subsequent breach. No term or condition of this CONTRACT shall be held to be waived,
modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure
of COUNTY to insist upon strict performance of any of the covenants of this CONTRACT, or to
i exercise any option herein conferred in any one or more instances, shall not be construed to be
a waiver or relinquishment of any such, or any other covenants or contracts, but the same shall
be and remain in full force and effect.
Order of Precedence:
A. Applicable federal, state and county statutes, regulations, policies, procedures, federal Office
of Management and Budget (OMB) circulars and federal and state executive orders and
Exhibit D.
B. Exhibit C Insurance Requirements
C. Special Conditions
D. General Conditions
E. Exhibits A and B
Entire Contract:
This written CONTRACT, comprised of the writings signed or otherwise identified and attached
hereto, represents the entire CONTRACT between the parties and supersedes any prior oral
statements, discussions or understandings between the parties.
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IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this CONTRACT as
of the date and year last written below.
CONTRACTOR BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
NAME(Pdnt)::��R TA30fNM NAME(Print):
Dated: 0 I Dated:
CHIEF PUBLIC DEFENDER
NAME(Print):
Date
10
FORM STATE OF WASHINGTON - AGENCY�FJSEOf,
A 19-1A k INVOICE VOUCHER AGEfJGYNO. - LOCATION-CODE' P.R.ORAUIH:NO ,
(Rev.5/91)
056 GRT21001
� ��i.,....... AGENCY NAME
Washington State Office of Public Defense INSTRUCTIONS TO VENDOR OR CLAIMANT.- Submit this form to claim
payment for materials, merchandise or services. Show complete detail for
each item.
...
VENDOR,ORCLAIMANT, ,af3tlt.IS.tO.ibfr 8 atilt:t0 Vendor s Certificate: I hereby certify under penalty of perjury that the items and
totals listed herein are proper charges for materials,merchandise or services
furnished to the State of Washington, and that all goods furnished and/or
Mason County Indigent Defense services rendered have been provided without discrimination because of age,
411 N 5th St sex, marital status, race, creed, color, national origin, handicap, religion, or
Vietnam era or disabled veterans status.
Shelton, WA 98584
By
(SIGN IN
Chief Public Defender 12/29/20
(TITLE) (DATE)
FEDERAL I.D.NO. OR SOCIAL SECURITY NO.(For reporting Personal Services Contract Payments to I.R.S. RECEIVED BY DATE RECEIVED
DESCRIPTION QUANTITY �,UN►T AMOONT
FOR AGENCY
USE
Please include a description of the items below:
12-14-20 Face Masks 50 ct. 5 50ct $39.95
12-15-20 Shedrain Umbrellas 5 lct $43.71
12-17-20 USB Disk Drives, 32 GB 30 lct $179.70
12-14-20 Medify Air Purifiers 2 lct $258.94
12-27-20 Cell Phones for Attorneys 6 lct $637.08
PREPARED BY TELEPHONE NUMBER DATE AGENCY APPROVAL DATE
Peter Jones 360-427-967Ox598 12-29-20
DOC.DATE PMT DUE DATE CURRENT DOC.NO. REF DOC. I VENDOR NUMBER VENDOR MESSAGE UBI NUMBER
GRT21001 I SWV0001893-00
REF TRANS M :: MASTER INDEX SUB' ;SUB °", ORG WORKCLASS COUNTY CITY/TOWN SUB: PROJj
DOC CODE 0 FUND ;, AppN PROGRAM OBE '.SUB,,,OPLIMT, INDEX ALLoc BUDGET Mos PRQJECF pROJ PHAS- AMOUNT INVOICE NUMBER
-SLE INDEX
2UNIT
10 510127Z0 NZ 5300 PPE $342.60 10043
210 510127Z0 NZ 2000r Tech „, , $816.78 10043
ACCOUNTING APPROVAL FOR PAYMENT DATE WARRANT TOTAL WARRANT NUMBER
Mason County Support Services Department Budget Management
th Commissioner Administration
411 North 5 Street
Emergency Management
Shelton, WA 98584 Facilities, Parks&Trails
360.427.9670 ext. 419 Human Resources
Information Services
�n a
Labor Relations
Iti1 Risk Management
MASON COUNTY COMMISSIONER BRIEFING ITEMS FROM SUPPORT SERVICES
January 11, 2021
• Specific Items for Review
o . Follow up on disbursement of proceeds for sale of two parcels on Lake Boulevard; recommendation is
to split the sales proceeds ($42,500) between Current Expense & Public Works. Request to place
revised resolution on January 19 agenda—Frank
o Update on Housing Authority—Frank
o Follow up on request to sign easement modification agreement, parcel 42012 56 00007 &42012 56
00012 (tax title parcel) - Frank
o COVID Emergency Sick Leave—Dawn
o December Financials-Jenn
• Commissioner Discussion
J:\DLZ\Briefing Items\2021\2021-01-1l.docx
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
To: Board of Mason County Commissioners
From: Frank Pinter/McKenzie Smith
Department: Support Services Ext: S30
Briefing Date: January 11, 2021
Previous Briefing Dates: October 19, 2020
If this is a follow-up briefing, please provide only new information
Item:
Approval to add the amendment to Resolution # 2020-109 to equally split the proceeds of the sale
of parcels # 32030-51-07010 and 32030-51-10001 at 2169 and 2179 Lake Boulevard in Shelton
between Current Expense and Public Works to the January 19, 2021 Commission agenda.
Background:
Parcels # 32030-51-07010 and 32030-51-10001 at 2169 and 2179 Lake Boulevard in Shelton were
declared surplus property on May 4, 2010 (Resolution # 33-10) and sold to Habitat for Humanity on
November 24, 2020 for the amount of$42,500. It was then discovered that one parcel (32030-51-
07010) was Tax Title while the other (32030-51-10001) was deeded to the County and used by the
Road Department for a County Shop. A Warranty Deed from November 13, 1953 shows that Public
Works had ownership of parcel # 32030-51-10001. Later, a Public Hearing was set on February 25,
1980 for parcel # 32030-51-07010 to be declared surplus as the parcel had been vacant and of no
further use to the Road Department.
Budgetpact:
Split the proceeds between Current Expense and Public Works.
Public Outreach:(Include any legal requirements,direct notice,website,community meetings,
etc.)
Recommended or Requested Action:
Approval to add the amendment to Resolution # 2020-109 to equally split the proceeds of
the sale of parcels # 32030-51-07010 and 32030-51-10001 at 2169 and 2179 Lake
Boulevard in Shelton between Current Expense and Public Works to the January 19, 2021
Commission agenda.
Attachments:
Resolutions
Deeds
Assessor's Sheet
Plat Map
Briefmg Summary 1/7/2021
RESOLUTION NO.
APPROVAL OF SALE OF SURPLUS PROPERTY
WHEREAS, Mason County owns the tax title parcel # 32030-51-07010 and 32030-51-10001, located at
2169 and 2179 Lake Boulevard, Shelton, WA; and
WHEREAS, this parcel is Tax Title and was deeded to Mason County on February 26, 2013; and
WHEREAS, an attempt to sell was made at the 2019 Tax Title auction with no interested bidders and
per RCW 36.35.150(1)(d.) this parcel can be sold by direct negotiation within twelve months of the
attempted auction; and
WHEREAS, the Board of County Commissioners, upon the recommendation of the Property Manager,
has determined that the property is surplus to the needs of the County; and
WHEREAS, Mason County has received an offer to purchase the property in the amount of$42,500
from Habitat for Humanity and a public hearing was held on November 24, 2020 to consider the offer;
NOW,THEREFORE, BE IT FURTHER RESOLVED by the Mason County Board of County Commissioners
that the property described above (parcel # 32030-51-07010 and 32030-51-10001) is approved at the price
of$42,500 to Habitat for Humanity; and
BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be dedicated first to
any delinquent property tax obligations and related penalties, expenses and assessments; and next to
reimbursement of the Property Management expenses; and finally, to the Current Expense Fund; and
BE IT FURTHER RESOLVED, that the Chair of the Commission is authorized to sign the related closing
documents and the Property Manager initiate payment of 6% fee of sale price to the County's real estate
agent.
DATED this 24th day of November 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
McKe�iitr h, C.erk of the Board 4161�
Sharon Tra , Chair
APPROVED AS TO FORM:
Rand Nea in i Chair
Tim Whitehead, Chief DPA
Kevin Shb5y, Cr missioner
Printed from Mason County DMS
Printed from Mason County DIMS
RESOLUTION NO.
AMENDING RESOLUTION 2020-109 FOR PROCEEDS
OF SALE OF SURPLUS PROPERTY
WHEREAS, Mason County received an offer to purchase tax title parcel # 32030-51-07010 and 32030-51-10001,
located at 2169 and 2179 Lake Boulevard, Shelton, WA, from Habitat for Humanity for $42,500 and a public hearing
was held on November 24, 2020 to approve the offer; and
WHEREAS, the parcels were declared surplus on May 4, 2010; and
WHEREAS, an attempt to sell was made at the 2019 Tax Title auction with no interested bidders and per RCW
36.35.150(1)(d.)this parcel can be sold by direct negotiation within twelve months of the attempted auction; and
WHEREAS, the Board of County Commissioners, upon the recommendation of the Property Manager, has
determined that the property is surplus to the needs of the County; and
WHEREAS, Mason County received an offer to purchase the property in the amount of$42,500 from Habitat for
Humanity, a Public Hearing was held on November 24, 2020 to consider the offer, and the offer was accepted; and
WHEREAS, Resolution 2020-109 needs to be corrected to show final proceeds being split equally between
Current Expense and Public Works; and
NOW,THEREFORE, BE IT FURTHER RESOLVED, that the proceeds of the sale of said property are to be
dedicated first to any delinquent property tax obligations and related penalties, expenses and assessments; and next
to reimbursement of the Property Management expenses; and finally, split equally between Current Expense and
Public Works; and
BE IT FURTHER RESOLVED, that the Chair of the Commission is authorized to sign the related closing
documents and the Property Manager initiate payment of 6%fee of sale price to the County's real estate agent.
DATED this 19th day of January, 2021
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board
Randy Neatherlin, Chair
APPROVED AS TO FORM:
Kevin Shutty, Vice Chair
Tim Whitehead, Chief DPA
Sharon Trask, Commissioner
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Diane Zoren
DEPARTMENT: Support Services EXT: 747
BRIEFING DATE: January 11, 2021
PREVIOUS BRIEFING DATES: January 4, 2021
If this is a follow-up briefing, please provide only new information
ITEM: Request from Scott Craig, 1221 Development LLC, to approve an easement
modification agreement for parcels 42012 56 00007 &42012 56 00012 (tax title),
located at Kneeland Plaza.
EXECUTIVE SUMMARY:
This is an existing easement and Mr. Craig stated he is the owner of adjacent land and
his intent is to update the existing easement language.
At the January 4 briefing, there was discussion of what impact the easement has on
the parcel's value. Parcel # 42012 56 00012 is tax title and is on the list of properties
to be auctioned by Bid4Assets. The Board directed staff to bring back information in
order to determine a minimum bid amount for this parcel. Enclosed is information
from Richard Beckman, the realtor who provides real estate services to the County.
This parcel also has electric transmission line easements and Mr. Beckman writes
"Based on the lack of usable area due to the easements, the property has little to no
value. We may be able to place a marginal value on the land if and when an
approved use application was granted by BPA."
BUDGET IMPACTS: None
RECOMMENDED OR REQUESTED ACTION:
Place parcel 42012 56 00012 on the Bid4Assets on-line list for the fees and taxes due
of$4,148.39 allowing Mr. Craig the opportunity to purchase the parcel.
Briefing Summary 1/7/2021
After recording return to:
1221 Development LLC
333 S State Street#V-134
Lake Oswego, OR 97034
Grantors: Mason County, 1221 Development LLC
Grantees: Same
Abbrev. Legal desc: Lots KK and LL, Correction Plat of Kneeland Plaza
Parcel Nos. 42012 56 00007 and 42012 56 00012
EASEMENT MODIFICATION AGREEMENT.
This Agreement is made this day of ,2020, between 1221
Development LLC,a Washington limited liability company, hereinafter referred to as
"1221 Development", and Mason County,a Washington municipal corporation,
hereinafter referred to as"Mason County",for the purpose of modifying a landscape
easement, access and utility easements,and a parking easement,as set forth in
Declaration of Easements recorded April 16, 1996,Auditor's File No.625297.
LAND AFFECTED
1221 Development is the owner of land situate in Mason County,Washington, particularly
described as follows:
Lot KK of the Correction Plat of Kneeland Plaza,Volume 10 of Plats, pages 227 to
245, both inclusive, records of Mason County,Washington.
Parcel No.42012 56 00007
Mason County is the owner of land situate in Mason County,Washington, particularly
described as follows:
Lot LL of the Correction Plat of Kneeland Plaza,Volume 10 of Plats, pages 227 to
245, both inclusive, records of Mason County,Washington.
Parcel No.42012 56 00012 ,�„ V A 20-2A 0-44 C- S L
WHEREAS, in that certain Declaration of Easements recorded April 16, 1996,Auditor's
File No.625297, hereinafter referred to as"the Declaration",easements for landscape
purposes,access and utility purposes, and parking purposes,were established over,
under and across portions of the Mason County land described herein for the benefit of
the 1221 Development land described herein. The locations of the easements .
established in the Declaration was contingent on the establishment of an"access road to
be constructed"from the Northeasterly portion of Mason County's Lot LL,to be
established pursuant to the provisions of Declaration of Covenants, Conditions and
Restrictions Grant of Easements recorded October 21, 1994,Auditor's File No.596654,
hereinafter referred to as"the Plat Declaration".
WHEREAS, in connection with the development plans of 1221 Development for its Lot
KK,the undersigned wish to more precisely describe the easements contemplate by the
Declaration and the Plat Declaration, by specifically describing the access from the
Northeasterly corner of Lot LL to Lot KK. The undersigned also wish to specifically
describe a combined landscape/parking easement.
NOW,THEREFORE,the undersigned hereby declare and establish the following
easements and provisions,which shall hereafter be binding on the undersigned,their
respective successors and/or assigns,and shall be binding upon and run with the titles to
the"Land Affected"as described herein:
1)Establishment of Access Easement.
Mason County hereby declares and establishes,and hereby conveys and quit claims to
1221 Development,a perpetual, non-exclusive easement for ingress and egress for
vehicular and pedestrian access,and for surface water drainage,over, under and across
those portions of Mason County s Lot LL described herein, particularly described as
follows:
See"Exhibit A"attached hereto and by this reference made a part hereof.
Said easement shall be for the benefit of, appurtenant to, and run with the title to 1221
Development's Lot KK described herein. Said easement shall also be included among
the reciprocal easements for ingress and egress included among the Common Areas as
defined in the Plat Declaration.
2)Establishment of Landscape/Parking Easement.
Mason County hereby declares and establishes,and hereby conveys and quit claims to
1221 Development,a perpetual, non-exclusive easement for landscaping and for
vehicular parking purposes, over and across those portions of Mason County's Lot LL
described herein, particularly described as follows:
See"Exhibit B"attached hereto and by this reference made a part hereof.
Said easement shall be for the benefit of, appurtenant to, and run with the title to 1221
Development's Lot KK described herein. Said parking easement only shall also be
included among the reciprocal easements for parking area purposes included among the
Common Areas as defined in the Plat Declaration.
3)General Provisions.
The Access Easement and the Landscape/Parking Easement established herein shall
supersede and replace, in their entirety,the"Landscape Easement","Access and Utility
Easements"and"Parking Easement"established for the benefit of 1221 Development's
Lot KK in Declaration of Easements recorded April 16, 1996,Auditor's File No.625297
(said Lot KK being referenced therein as Lot G-1). Except as set forth herein,the
provisions of the Declaration shall be unaltered by this Easement Modification
Agreement.
Notwithstanding the provisions of Surveyor's Note No.3 set forth on the Correction Plat
of Kneeland Plaza Volume 10 of Plats, pages 227 to 245, both inclusive, records of
Mason County,Washington, the undersigned hereby acknowledge and affirm the
continuing applicability of the provisions"Article V. Common Areas"of Declaration of
Covenants, Conditions and Restrictions Grant of Easements recorded October 21, 1994,
Auditor's File No.596654 as to all facilities heretofore or hereafter established pursuant
thereto, including, but not limited to,the Access Easement and Landscape/Parking
Easement set forth herein,the existing fenced stormwater drainage pond on Mason
County's Lot LL lying South of the most Southerly corner of 1221 Development's Lot
KK, and potential future utility lines to be hereafter established in connection with the
development of said Lot KK pursuant to the Plat Declaration.
This Easement Modification Agreement shall be binding upon the undersigned,their
successors and assigns,and shall be binding upon,appurtenant to,and run with the titles
to the lands described herein.
EASEMENT MODIFICATION AGREEMENT(Cont.)
1221 Development LLC
By: By:
Its: Its:
STATE OF )
)ss.
COUNTY OF )
On this day personally appeared before me and
,to me known(or proven on the basis of satisfactory
evidence)to be the individuals described in and who executed the within and foregoing
instrument,and acknowledged that they signed the same as the
and respectively, of 1221 DEVELOPMENT LLC,to be the
free and voluntary act and deed of said limited liability company,for the uses and
purposes herein mentioned,and on oath stated that they are authorized to execute said
instrument on behalf of said limited liability company.
GIVEN under my hand and official seal this day of 2020.
NOTARY PUBLIC in and for the State
of Washington, residing at
My commission expires
Mason County
By: By:
Its: Its:
STATE OF )
)ss.
COUNTY OF )
On this day personally appeared before me and
to me known(or proven on the basis of satisfactory
evidence)to be the individuals described in and who executed the within and foregoing
instrument,and acknowledged that they signed the same as the
and , respectively,of Mason County,to be the free and
voluntary act and deed of said Washington municipal corporation,for the uses and
purposes herein mentioned,and on oath stated that they are authorized to execute said
instrument on behalf of said Washington municipal corporation.
GIVEN under my hand and official seal this day of 2020.
NOTARY PUBLIC in and for the State
of Washington, residing at
My commission expires
EXHIBIT A
IN MASON COUNTY,WASHINGTON
Access Easement
A strip of land,40 feet in width, being 20 feet in width on each side of a centerline,
particularly described as follows:
EXHIBIT B
IN MASON COUNTY,WASHINGTON
Landscape/Parking Easement
All that portion of the Northwesterly 100 feet of that portion of Lot LL, Correction Plat of
Kneeland Plaza,Volume 10 of Plats, pages 227 to 245, both inclusive, records of Mason
County,Washington,which lies Northeasterly of the Southwesterly line of Lot KK of said
plat extended South 35 degrees 18'00"East;excepting therefrom, all that portion thereof
which lies within the Access Easement established herein.
I!
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� ������� ♦ ,�� CORRECTION PLAT S(-IOW$ 151106.
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CORRECTION PLAT OF KN EELAN ® PLAZA
A PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 12, AND
A PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 13, BOTH OF
TOWNSHIP 20 NORTH, RANGE 4 WEST OF THE WILLAMETTE MERIDIAN
CITY OF SHELTON, MASON COUNTY, WASHINGTON
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CURVE TABLE UNE TABLE '^ '„ 18215)1nd Avenue South wt'WA 96032
CURVE RADIUS LENGTH TANGENT DELTA LINE DIRECTION DISTANCE o Tele one: 425 251-6222 FOr: 425 251-8782
L-t 642.67 1)4.77 B7.9J 15'3453 L-I S50'7176 E 50.90' s 4 7328�cy
C-2 642.67 6.20 3.10 OD'3309 L-2 NBB'02'55 60.00 V/O" 151Ep S`S SE 1/4 12-20N-4W d NE 1/4 13-20N-4W
C-3 64267 166.57 B3.9B 15'0144 JL LAND
SHEET 13 OF 19
L\5172\Sump\Pus\5n2Pu3nwG Dote/T—:01/04/2oo 17n1 Sea..1-50 Si-Ph-w.L:
Diane Zoren
From: Frank Pinter
Sent: Wednesday,January 6, 2021 3:19 PM
To: Kevin Shutty; Randy Neatherlin; Sharon Trask
Cc: Diane Zoren
Subject: FW: Lot LL-Wallace Kneeland Area
Attachments: LL Aerial.pdf, LL Easements.pdf, lusi-Landowners-Guide-to-Compatible-Use-of-BPA-
Rights-of-Way.pdf, lusi-Living-and-working-safely-around-high-voltage-power-lines.pdf
All,
Information from Richard regarding the parcel is attached.
Previously Scott Craig had offered $17,500 to outright purchase the parcel.
If it is the next Bid4Assets auction he can make a proper offer through there.
Frank
From: Richard Beckman [mailto:richard@richardbeckmanrealtygroup.com]
Sent:Tuesday,January 5, 2021 5:43 PM
To: Frank Pinter<FPinter@co.mason.wa.us>
Subject: Lot LL-Wallace Kneeland Area
Attached you will find the following:
LL Aerial - General Aerial view of property
LL Easements - Survey map with easements highlighted
lusi-Living-and-working-safely-around-high-voltage-power-lines -BPA guidance document
lusi-Landowners-Guide-to-Compatible-Use-of-BPA-Rights-of-Way-BPA guidance document
To start, BPA must approve any use of the right of way. According to BPA "Construction and maintenance of
any structures are specifically prohibited within a BPA right-ofway." However, it does appear that crops are
generally allowed.
BPA also says "Maintain at least 50 feet of clearance from BPA's poles, structures or guy wires,whether it be
vegetation,roads, fences, utilities,pipelines, orany other improvements." However they go on to say "DON'T
store equipment,materials, waste, flammable material or anything that would cause a fire hazard or other safety
issue or impede access by line crews to towers and lines."
A similar sized property with similar easement encumbrances on the NE corner of Johns Prairie and Brockdale
Rd has been on and off the market for at least the last 5 years and has failed to attract a buyer. It is currently
listed at$125,000.
Further confusion of value is caused by Mason County assessing the subject at over$660,000 while the unsold
comp is assessed at approximately$20,000.
<Bas d-on-the-lack--=of:usable=area:--due=to--the-easements;the-pr-op-er-t-Thaszl ttle--to_novalue.-We may be able to
place a marginal value on the land if and when an approved use application was granted by BPA.
1
Richard Beckman Designated Broker
Download my mobile app! http://www.richardbeckmanrealestate.com It also works on a desktop!
Richard Beckman Realty Group, LLC and Property Management
360-358-5567 Office
ar
h
In everything we do, we believe in challenging the status quo, we believe in thinking differently. The way we
challenge the status quo is by making our product, beautifully designed homes, simple to view. We just happen
to sell great homes. Want to buy one?
2
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Landowner's Guide for Compatible
Use of BPA Rights-of-Wa
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February 2011
We need your help to keep Prior to planting, digging, or constructing within BPNs
the way clear for safe and rights-of-way, fill out BPNs Land Use Application
Form. The information you provide on the application
reliable service helps BPA understand your proposed use and the
Keeping transmission lines safe and reliable is a potential impacts to public safety, and the safety of our
critical priority for the Bonneville Power Administration. crews. BPA also reviews the application to determine
The key element in achieving those objectives is whether a proposed use of land is compatible with
BPNs ability to construct, operate and maintain its the construction, operation and maintenance of BPA
transmission lines and rights-of-way — the area transmission lines. Coordinating with BPA early in
under and around the lines. your planning process can keep you safe and avoid
You can help BPA keep these rights-of-way clear of Wasting time and money.
trees, brush and structures that could affect the safety
Coordination Of land USeS
or reliability of the transmission system.
BPNs rights-of-way can sometimes be available for
other, compatible, uses. BPA wants to help you carry
out your plans in ways that are safe and satisfactory
�lep for everyone. Therefore, you are encouraged to make
t prior arrangements with BPA through the Land Use
a� Application process.
c I ea r BPA takes several factors into consideration when
for safety and service applications for use of the right-of-way are reviewed.
Our transmission lines were designed to take • Design roads, utilities and pipelines to cross BPA's
topography, physical features, environmental and rights-of-way, rather than a long, parallel alignment.
cultural constraints into consideration. BPNs land • Ensure concurrence of underlying property owner
rights as they relate to the location of your proposed when not BPA.
use are also reviewed. If your project is not compatible
with BPA's transmission lines, you may be asked to Three important steps
modify your design. In extreme cases, BPA may be
able are three important steps that you can take to
to modify its transmission facilities; however,
you would be required to pay for the modifications. keep safe and avoid wasting time and money:
Please consider the following guidelines when 1. Call BPA before you plant, dig or build:
preparing your application:
1-800-836-6619.
• Maintain at least 50 feet of clearance from BPA's 2. Fill out BPA's Land Use Application: www.
poles, structures or guy wires, whether it be transmission.bpa.gov/LanCom/Real Property.cfm.
vegetation, roads, fences, utilities, pipelines, or 3. Obtain a written Land Use Agreement from
any other improvements. BPA before proceeding with your project.
• Maintain at least 25 feet of clearance from the top Location surveys
of any vegetation and the lowest point of BPNs
wires. Do not attempt to measure this distance You are encouraged to have a licensed surveyor
yourself! You only need to identify the species determine the location of the BPA rights-of-way
of the vegetation you propose to plant in the before beginning any construction activities.
right-of-way so that BPA can consider the mature Unfortunately, many people inadvertently build
height of the vegetation. structures on BPA rights-of-way because they
believe they know the boundaries of their property,
• Design roads, underground utilities and piplines and believe measuring off the conductor or centerline
to withstand HS-20 loadings (a federal highway of the towers is sufficient to fix the location of the
standard). rights-of-way.Without survey instruments, knowledge
of survey law and an understanding of BPNs
Who We are rights-of-ways, it is impossible to accurately locate
The Bonneville Power Administration is a property boundaries. By having your surveyor
federal agency headquartered in Portland, coordinate with the BPA Survey Section, we can
Ore., that markets wholesale electricity and prevent many of the encroachment problems that
transmission services to the Pacific Northwest's BPA experiences(call 1-800-836-6619 and ask to
public and private utilities as well as to'some' be connected to BPA's Survey Section).
large industries.
Danger trees
BPA provides about one-third of the electricity
used in,the Northwest and,operates more BPA must identify and arrange to cut trees that,
than 15,000'circuit miles of transmission although outside the rights-of-way, may threaten
lines. To deliver power;;BPA operates and the transmission line because they could fall into
maintains'a transmissionE network throughout the conductor(wires) or structures. Trees that are
Oregon,Washington, Idaho and Montana_,with , unstable, diseased, dead or leaning toward the
small portions into Wyoming,Nevada,Utah transmission facilities don't need to touch power
and California. lines to be dangerous. Electricity can "arc" or
2
Land Use Application so that we can determine
Never Cut Or trim- a whether your proposed use interferes with BPA's
-=tree' hear.,,.,a, Older"Ilrle _ use. Easements may be granted for permanent
F
uses such as private road crossings or utilities.
` BPA Leases may be granted primarily for agricultural
purposes on occupied or vacant BPA property.
"flashover"from wires, through the air, to trees or Nontransferrable Land Use Agreements may also
equipment, where it can cause fires, injuries or even be granted for use of BPA's fee owned property.
fatalities to anyone near the tree or equipment. Current market value of the land is the basis for the
BPA will arrange to remove these trees. consideration for these transactions.
Available uses of Information resources
BPA-owned land For more information, including regional realty
Although BPA acquired most of its transmission specialist contacts, or access to BPA's electronic
line rights-of-way as easements, some of BPA's Land Use Application form visit BPA's Web site at:
transmission lines are constructed on property BPA www.transmission.bpa.gov/LanCom/Real_
owns in fee. BPA also has fee ownership of most Property.cfm.
of its substation sites as well as other properties Should you have any questions or would like
BPA acquired to meet its responsibilities. There are assistance in completing the application, please
three possible options if you wish to use land that call 1-800-836-6619. A BPA realty representative
BPA owns in fee. You will need to fill out BPA's will return your call within two business days.
DOs and DOM'Ts
BPA does,not permit any use of rights-of-way that are unsafe or might interfere with constructing,
operating:or maintaining our facilities These restrictions are part of the,legal rights BPA acquires for its
rights of way:Even when no transmission line has been constructed on the rights of-way, BPA's rights,
are,maintained for future use You canfavoid or minimize incurring redesign or removal costs end benefit .
from developing reasonable construction schedules by being aware of the prohibited uses and by
�
applying early in your planning process to BPA for concurrence
DO:,call BPA before planfing,digging or constructing DON'T cut or trim a treenear a power lime;Gall BPA!
D® check your property and review your property DON'T"plant,dig o`r construct in BPA's rights of
records for transmission rights-of-way encumbrances, way without first cbhfd6tihd%,BPA and submitt!ng a
BPA Land Use Application for approval.
DO take the tune to plan projects that conform',to
proper use'of the rights-af=way which mclddes submitting `' DON'T store equipment matenals,.'waste
a BPA Land Use,Application form for approval. flammable material or anything that would cause a
' fire hazard',or other safety issue or,impede�aceess
DO comply with the terms and conditions of the Land by line crews to-towers and,Imes:
Use Agreement:provided by BPA for your safety.
DON'T assurrie the'location of,BPA's'fee=owned
DO consult with BPA when:planning subdivisions or rights of=way boundaries without first contacting a
Backyards and BPA rights-of way may not be compatible licensed surveyor and having them coordinate with;
DO report criminal or suspic�ousactivittes to local BPA's surveyors bycallmg T=800 836-6619..
authorities.-and to BPAs,fede'rai crime Witness,Hotlme
a
at'1-800-437 2744 "
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€EA'U .C3"F" RECLA-MATIOR
Vandalizing BPA property is a crime.
Please report any vandalism or theft to BPA property by calling BPA's 24-hour toll-free hotline at
1-800-437-2744. All information reported through the Crime Witness Program is kept
confidential. Cash rewards of up to$25,000 will be paid to those providing
information that leads to the arrest and conviction of persons committing the crime.
BONNEVILLE POWER ADMINISTRATION
DOE/BP-4265 • Revised February 2011
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AR0 UND HIGH-VOLTAGE
POWER LINES. .,
IL
-
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P-
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igh-voltage power lines
can be just as safe as
the electrical wiring in
:
our homes — or just as danger-
ous. The key is learning to act rural cooperatives take delivery of the power at
safely around them. these points and deliver it to the ultimate customers.
BPA's lines cross all types of property: residential,
This booklet is a basic safety guide for those who agricultural,industrial, commercial and recreational.
live and work around power lines. It deals primarily
with nuisance shocks caused by induced voltages
If you have questions about
and with possible electric shock hazards from
safe a practices near..
contact with high-voltage lines. power fines Call BPA
In preparing this booklet, the Bonneville Power "`" ` "" "` ` "
Administration has drawn on more than 70 years Due to safety considerations many of the practices
of experience with high-voltage power lines. BPA suggested in this booklet are restrictive. This is
operates one of the world's largest networks of because they attempt to cover all possible situa-
long-distance, high-voltage lines, ranging from tions, and the worst conditions are assumed.
69,000 volts to 500,000 volts. This system has In certain circumstances, the restrictions can
more than 200 substations and more than be re-evaluated. To determine what practices
15,000 miles of power lines. are applicable to your case, contact BPA at
1-800-836-6619 or find the contact information
BPA's lines make up the main electrical grid for
for the local BPA office at www.transmission.bpa.
the Pacific Northwest. The grid delivers large
gov/LanCom/Real Property.cfm.
blocks of power to substations located near load
centers. Public and investor-owned utilities and
o
a
y 5
USING THE
9� ,, _
96 �` y }
RIGHT—OF—WAY ,ks N
t
Before a power line is built, BPA negotiates withk
the landowner for the right to cross the land as t E *h &
required for the construction, operation and
€ k
maintenance of the line. Usually, BPA acquires £
right-of-way rights to construct, operate and 5
maintain a power line and the right to keep the
right-of-way clear of all structures, fire hazards,
vegetation and any other use that may interfere
with the operation or maintenance of the line. '
Most crops, less than 10 feet in height can be grown
Most crops, less than 10 feet in height, can be safely under power lines.
grown safely under power lines. Orchards,
Christmas trees and structure-supported crops GENERAL SAFE
(i.e., trellises) require special consideration. PRACTICES
Call BPA if you plan to use the right-of-way for BPA designs and maintains its facilities to meet or
any use. exceed the rules set forth in the National Electrical
BPA's "Landowner's Guide for Compatible Use Safety Code. BPA provides information on safe
of BPA Rights-of-Way" explains how to apply for practices because serious accidents involving
permission to use a portion of a BPA right-of-way power lines can be avoided if simple precautions
for approved purposes. This document can be are taken. Every kind of electrical installation —
found online at www.transmission.bpa.gov/ from the 110-volt wiring in your home to a
LanCom/Real Property.cfm or by contacting 500,000-volt power line — must be treated with
BPA at 1-800-836-6619. respect.
Construction and maintenance of any structures The most significant risk of injury from a power line
are specifically prohibited within a BPA right-of-
is the danger of electrical contact. Electrical
way. Coordinating with BPA early in your planning contact between an object on the ground and an
process can keep you safe and avoid wasting energized wire can occur even though the two do
time and money. not actually touch. In the case of high-voltage
lines, electricity can arc across an air gap. The gap
distance varies with the voltage at which the line is
operated. Unlike the wiring in a home, the wires roads, driveways, parking lots, cultivated fields or
of overhead power lines are not enclosed by grazing lands.
electrical insulating material.
For your safety, coordinate with BPA if you need to
The most important safe practice is this: exceed the 14-foot limitation.
Avoid bunging yourself, or any POSSIBLE SHOCK
ot� ect ou `are F%Idm too close
,v HAZAD T
tOan Overhead pOWer 1rne: The previous section discussed dangerous electrical
_...
contact conditions that can occur when getting
In other words, do not lift, elevate, build or pass too close to the high-voltage wires. This section
under a power line with any object, equipment,
facility or vehicle that could come close to the Farm equipment or large machinery 14 feet or less in
energized wires. height may be operated safely under all BPA lines in
cultivated fields.
BPA does not recommend that anyone attempt
to calculate how close they can come to a power
g :
line. As a general precaution, when under a line,
never put yourself or any object any higher than
.
14 feet above the ground. � �"
The National Electrical Safety Code specifies a
minimum safe clearance for each operating volt-
age. BPA builds its lines so the clearance between
r
§ps _
the wires of a power line and the ground meets y %f
or exceeds the minimum safe clearance set forth
in the code. Therefore, do not alter the ground
elevation; without first applying to BPA, call Tz `
1-800-836-6619 to ensure safe distances are y
maintained.
Vehicles and large equipment that do not extend
more than 14 feet in height, such as harvestings �-
combines, cranes, derricks and booms, can be 5'
operated safely under all BPA lines that pass over
...._a..u....c`u°c.wuu�L-
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i
will discuss the possible electrical shock hazards
that can occur when touching transmission towers
or metallic objects near the power line but away
from the high-voltage wires.
These types of shocks are caused by a voltage a
induced from the power line into the nearby
metallic objects. Typically the shocks can be
avoided when the nearby metallic objects are
rod;
grounded or connected to earth. The severity of $` 77777
these shocks depends on the operating voltage of The possibility of nuisance shocks can be eliminated by
grounding metal pipe when unloading near BPA lines.
the power line, the distance from the conductor,
the size or length of the object, its orientation to IRRIGATION SYSTEMS
the line and how well the object is grounded.
All types of irrigation systems have been operated
Normally, shocks do not occur when BPNs safely near BPA power lines for years. Nonetheless,
guidance is followed (see the following sections). caution should be used in storing, handling and
However, under certain conditions, non-hazardous installing irrigation pipe, and in operating spray
nuisance shocks can still occur and possibly irrigation systems near power lines.
cause discomfort.
To avoid electrical contact with power lines,
The severity of nuisance shocks can vary in sensa- two very important safety practices should be
tion from something similar to a shock you might observed at all times:
receive when you cross a carpet and then touch a 1.While moving irrigation pipe under or near
door knob to touching the spark-plug ignition power lines, keep the equipment in a horizontal
wires on your lawnmower or car. The nuisance position to keep it away from overhead wires.
shock, however, would be continuous as long as
you are touching the metallic object. Such objects 2. Electricity can be conducted through water so
include vehicles, fences, metal buildings or roofs never allow the irrigation system to spray a
continuous stream onto power lines or towers.
and irrigation systems that are near the line or
parallel the line for some distance. In addition, central pivot circular irrigation systems
installed near or under power lines can develop
hazardous shock potentials during operation and
maintenance. To eliminate these hazards:
* Provide a good electrical ground for the For more information on storing, handling, installing
pivot point. or operating an irrigation system on BPA rights-of-
* Do not touch the sprinkler pipe or its support- way and to apply to use BPA's right-of-way please
ing structures when the system is operating contact BPA at 1-800-836-6619. A copy of
under or parallel to and near a power line. "Guidelines for Installation and Operation of
Perform repairs/maintenance of the system Irrigation Systems" will be provided when you
with the sprinkler pipe perpendicular to the contact BPA for approval.This document describes
power line. methods for safely installing and operating an
irrigation system under high-voltage power lines.
This document also can be obtained at www.
transmission.bpa.gov/LanCom/Real_Property.cfm.
Irrigation pipe should be moved in a horizonal position
9 P P
under and near all power lines to keep it away from the
lines overhead.
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UNDERGROUND PIPES
7
TELEPHONE CABLES
AND ELECTRIC CABLES a r
RAF ,
Underground pipes and cables may be compatible r
with power lines provided installation and mainte-
nance are done properly. Pipes and cables should F
not be installed closer than 50 feet to a BPA tower, RAM
any associated guy wires or grounding systems. 3
These grounding systems are long, buried wires 1;
that are sometimes attached to the structures and
can run up to 300 feet along the right-of-way.
These grounding systems are not visible above ,,.. ., P rr
ground and must be located before installing
minimum of 50 feet from BPA structures as well
any underground utilities.
as other considerations discussed below.
Proper positioning of underground utilities is
required to prevent an accident in an extreme WIRE FENCES
case when an unusual condition might cause Barbed wire and woven wire fences insulated from
electricity to arc from the high-voltage wire to the ground on wood posts can assume an induced
tower and then to ground. This could produce a voltage when located near power lines. If you are
dangerous voltage on underground piping or cable having a shock-related problem, call BPA for an
system. Contact BPA at 1-800-836-6619 to apply investigation. The fence may need to be
before installing any underground utilities within a grounded if:
BPA power line right-of-way. • it is located within the right-of-way;
FENCES ® it parallels the line within 125 feet of the outside
wire and is longer than 150 feet; or
BPA strongly discourages locating fences within
® it parallels the line 125 to 250 feet from the
the right-of-way as they can cause a potential outside wire and is longer than 6,000 feet.
safety hazard and an access problem (particularly
in high-density subdivisions). Contact BPA at These fences should be grounded at each end
1-800-836-6619 if you are interested in submitting and every 200 feet with a metal post driven at
an application to place a fence on the right-of-way least 2 feet into the ground. Attach all wire strands
using the guideline that the location must be a of the fence to the metal post. Install the ground-
ing posts at least 50 feet from the nearest voltage does not drain through the systems
transmission tower. If shocks are experienced described above, then it can result in a nuisance
when contacting a fence or gate, or if you have shock situation.
any questions about the need for grounding, call
BPA recommends grounding metallic components
BPA at 1-800-836-6619.
on buildings near a power line when:
ELECTRIC FENCES @ -the building is within 100 feet of the outside wire;
In situations where a fence cannot be grounded • the building has more than 2,000 square feet of
(electric fences, for example), a filter may be metal surface and is within 100 to 150 feet of
installed to remove voltages induced by the power the outside wire; or
lines. BPA may provide this filter after an investiga- ® the building is used to store flammable materi-
tion has been conducted. Do not use fence als and is within 250 feet of the outside wire.
chargers that are not approved by Underwriters' BPA will assist in grounding metallic objects after
Laboratories, Inc. They may carry voltages and receiving a request and an investigation has been
currents that are hazardous to anyone touching conducted. Call BPA at 1-800-836-6619 if you are
the fence — even if power lines are not present. having shock-related problems or if you have any
For more information about fences, fence chargers question on grounding a building.
or filters, call BPA at 1-800-836-6619. VEHICLES
BuimiNGS Under some high-voltage lines, vehicles can
This section applies to buildings outside BPA's collect an induced voltage. This is particularly true
rights-of-way, since BPA prohibits buildings within if the vehicle is parked on a nonconductive surface
a right-of-way. such as asphalt or dry rock. You can drain the
voltage from your vehicle to the ground by attach-
Buildings located off ing a chain that reaches the ground or by leaning a
BPA's rights-of-way metal bar against your vehicle. The only way to be
may collect an sure you won't get shocked is to park your car
induced voltage. away from the high-voltage power line.
This voltage is often " l
drained through the ;' BPA has specific restrictions for parking and roads
building's plumbing, within the right-of-way to keep possible shocks at
electrical service, �. 1 a low level. Contact BPA at 1-800-836-6619 to
metal sheeting or apply before locating roads and parking areas
within the BPA right-of-way.
metal frame. If the Example of grounding a metal g y
building at a down spout.
�3 E A k 6y
5
Refuelingvehicles is not allowed on BPA rights-
of-way 9 - f ;
of-way because there is a chance that a spark ` y
4'
from an induced voltage could ignite the fuel. I m
y
LIGHTNING x /3
7.
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Lightning will usually strike the highest nearby
object, which might be a power line tower or wire.
Transmission facilities are designed to withstand ;
lightning strikes by channeling them to ground at I `
the tower. a � .
Play it safe. Stay away from power lines and other "
tall objects during electrical storms. Lightning is
dangerous if you are standing near where it enters
/ W, .
the ground. A fire burning under a powder line can create a danger-
ous situation. Stay away from lines if a fire is nearby.
FIRES KITE FLYING AND
Smoke and hot gases from a large fire can create MODEL AIRPLANES
a conductive path for electricity. When a fire is
burning under a power line, electricity could arc BPA strongly discourages anyone from flying a kite
from the wire, through the smoke and to the or model airplane anywhere near a power line. The
ground, endangering people and objects near the electricity from the line can travel through the
arc. BPA does not permit burning within the string or hand line and electrocute a person on the
right-of-way. other end. If your kite or model airplane is about to
touch a power line, drop the string or hand line
Field burning and other large fires in and around
instantly, before it touches the line. Do not try to
power lines can damage power lines and cause
pull the kite or airplane down or climb up after it.
power outages. Water and other chemicals used
Call the nearest electric utility.
to extinguish those fires should never be directed T
toward a power line. V ANDALISK SHOOTING
Contact BPA at 1-800-836-6619 if you need to AND TRESPASSING
burn near a BPA right-of-way. People entering high-voltage electrical facilities,
such as substations and power line rights-of-way,
for the purpose of vandalism or theft, run the risk ® Dumping any waste or material on BPA property.
of serious injury or death. For example, when • Vandalism to BPA property, buildings and
hunting, do not shoot at transmission facilities. vehicles.
Gunshot damage can cause flashovers or may ® Theft of BPA equipment, supplies, tools or
cause the wire to fall to the ground. This could be materials.
a serious hazard to anyone close to the power line. This program offers rewards of up to $25,000 for
It could also cause a power outage and a fire. information leading to the arrest and conviction of
Removal of equipment from substations or power the perpetrator(s).
line facilities can result in unsafe operating condi- TALL OBJECTS
tions and put people nearby at risk of serious injury 1
or death. Those who cause willful damage to BPA Facilities
transmission facilities or associated property can Temporary or permanent facilities within the right-
be prosecuted by the federal government, the of-waysuchas,lightstandards,signs,above-ground
property owner, or both. utilities, etc., can create unsafe situations when
Please report damage to transmission facilities to constructed too close to BPA power lines and
BPNs Crime Witness Program at 1-800-437-2744. structures. Permissable heights for such facilities
The Crime Witness Program allows you to confi- can vary depending on site specfic conditions. Call
dentially report an illegal activity that you witness BPA at 1-800-836-6619 to apply for these uses.
against BPNs transmission system, property or
Activities
personnel. This includes:
As a precautionary practice, do not raise any metal
® Shooting at power lines, transmission towers or object more than 14 feet in the air underneath a
substation equipment. power line. For example, when you mount an
antenna on a vehicle that you plan to operate on
a BPA right-of-way, do not let it extend more than
g 14 feet above the ground.
x ,; Before you sail a boat on a lake or river, check the
may, allowable clearance under any power line. We re-
w commend that all masts or guy wires above the
..
00
deck be connected electrically to an underwater- 8 - 437-2744 metallic part such as the keel or centerboard.
a
This precaution, which protects against lightning
or accidental contact with a power line, may save
your life.
N
Remember, if you plant, dig or build within the
right-of-way an application is required. Anys
activities or use with a reach capacity greater
than 14 feet (eg. cranes, dump trucks, irrigation
systems, etc.) may cause safety concerns.
Please specifically identify these uses and equip- F'
ment in your application. Contact BPA to apply at
1-800-836-6619.
Cutting trees within power line rights-of-way can be
POOLSdangerous. It is safer to have BPA do it for you.
BPA does not permit the building of swimming pacemakers. However, we know of no case where
pools within BPA rights-of-way because it impedes a BPA line has harmed a pacemaker patient.
our ability to operate and maintain the power line
As a precaution, people who may have reason to
and presents a potential safety hazard to the
be very near high-voltage facilities should consult
public. Hazards range from possible electrical
with a physician to determine whether their par-
contact with the wires (with pool skimmers or
ticular implant may be susceptible to power line
rescue poles, for example)to dangers that can
interference.
be encountered during and after lightning strikes
on transmission facilities. If a person with a pacemaker is in an electrical
environment and the pacemaker begins to pro-
CLIMBING duce a regularly spaced pulse that is not related
Climbing on power line towers or guy wires can to a normal heartbeat, the person should leave
be extremely hazardous. Do not do it under any the environment and consult a physician.
circumstance. It is dangerous and illegal. TREES AND LOGGING
PACEMAKERS. No logging or tree cutting should be done within
Under some circumstances, voltages and currents BPA's right-of-way without first contacting BPA
from power lines and electrical devices can inter- at 1-800-836-6619 to apply. In many cases,
fere with the operation of some implanted cardiac BPA owns the timber within its rights-of-way.
Additionally, logging or tree cutting near power Any blasting near or within BPA rights-of-way
lines can be very hazardous and requires special must not damage any BPA facilities or permitted
caution. Since trees conduct electricity, if one uses within the rights-of-way. Do not use electric
should fall into or close to a power line, the current detonating devices when blasting within 1,000 feet
could follow the tree trunk to the ground and of a power line. Use of non-electric methods of
endanger anyone standing near its base. Here are detonation will avoid the danger of accidentally
two simple rules: discharging an electric blasting cap due to
1. If you come upon a tree that has fallen into a induced voltages from energized transmission
power line, stay away from it. facilities.
2. If you accidentally cause a tree to fall into a TOWERS AND WIRES
power line, run for your life! Do not go back to • Do not climb towers.
retrieve your saw or equipment. Call BPA or
your local utility immediately. Do not shoot or otherwise damage trans-
mission facilities.
If you have trees either on or close to the right- ® Never touch a fallen wire.
of-way that need to be cut, contact BPA at • Do not attempt to dismantle towers.
1-800-836-6619. It is unsafe to do it yourself. . Do not attach anything to towers.
Since power line rights-of-way usually are not • Stay away from towers and lines during ex-
owned by BPA but are acquired through ease- treme windstorms, thunderstorms, ice storms
ments from landowners, trees or logs stacked or under other extreme conditions.
within or alongside the rights-of-way are not public
property. People removing trees and logs without NN
permission are stealing and can be prosecuted. �
EXPLOSIVES �
c �
If you plan to detonate explosives near a BPA ' ,
power line, apply to BPA well in advance by calling .. fix g „.
a� ? '
1-800-836-6619 or find the contact information E ? AdAld ;
for your local office at www.transmission.bpa.gov/ � _� g •
LanCom/Real_Property.cfm. BPA will tell you if �
� t3
any special precautionary measures must be takenAl
/ e a
at a particular blasting site.
r r.
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t
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t
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k
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r
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,r
Preventive measures include: through ignorance or foolishness, violates the
• Report any suspicious activities to BPA at basic principles of safety. Please take time now to
1-800-437-2744 or to your nearest electrical learn the practices outlined in this booklet and
utility. share your knowledge with your family, friends and
• Stay away from and report damage to trans- colleagues. Your own life, or that of a loved one,
mission facilities to BPA at 1-800-437-2744 or might well hang in the balance.
your nearest electrical utility.
• Stay away from and report broken, damaged RELATED BPA
or abnormally low-hanging wires to BPA at PUBLICATIONS AND
1-800-437-2744 or your nearest electrical utility. GUIDELINES
v ES
CONCLUSION For more information, call BPA at 1-800-836-6619
We live in an age of electric power. Almost every- for the following publications:
thing we do requires it. Consequently, high-voltage 1. "Landowner's Guide for Compatible Use of
power lines have become about as commonplace BPA Rights-of-Way" (DOE/BP-3657)
as the wiring in our homes. Nevertheless, every
2. "Landowner's Guide to Trees and Trans-
year people are killed or seriously injured by power mission Lines" (DOE/BP-3076)
lines and home wiring. In almost every case, lives
could have been saved and injuries avoided if the 3. "Keeping the Way Clear for Better Service"
basic safety practices outlined in this booklet had (DOE/BP-2816)
been followed. BPA and your local utilities make 4. "Guidelines for Installation and Operation
every effort to design and build power lines that of Irrigation Systems"
are safe to live and work around. Ultimately,
however, the safety of high-voltage lines depends These documents also can be found at
on people behaving safely around them. No line www.transmission.bpa.gov/LanCom/Real
can practicably be made safe from a person who, Property.cfm.
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Dawn Twiddy
DEPARTMENT: Support Services EXT: 530
BRIEFING DATE: 01/11/2021
PREVIOUS BRIEFING DATES: 1/412023.
(If this is a follow-up briefing, please provide only new information)
ITEM: Consideration of extending the expired (12/31/20) COVID Emergency Paid Sick Leave
of eighty hours and the Public Health Emergency Leave of 2/3 wages paid by the County and
1/3 paid by the employee's accrued leave to care for the employee's children while schools
and daycares are closed for COVID related reasons.
BUDGET IMPACTS-
BACKGROUND: The United States Department of Labor issued a mandatory COVID leave
requirement on employers. Effective April 1, 202o employers were mandated to provide
employee's 8o hours-of Emergency Paid Sick Leave (EPSL) for COVID related reasons and
pay employee's 2/3 of their regular salary to stay home and care for their children if the
school or childcare was closed due to COVID related reasons. These mandated leave
requirements expired on December 31, 2020.
From April 1, 2020 to December 31, 202o, eighty-nine employees used the Emergency Paid
Sick Leave for a total of 3,321.75 hours.
Only one employee used the Public Health Emergency Leave to assist his children in school
for a total of 252 hours. Most employees who have had a need for this leave have been able
to adjust their working schedule and/or telework.
RECOMMENDED OR REQUESTED ACTION: Recommendation is to let the leave expire,
and staff would be using their accrued leave benefit. Or, does the BOCC wish continue to pay
for additional leave expenses and draft a Resolution to extend the leave beyond the
requirement of the US DOL.
ATTACHMENTS: 2020 COVID Leave Form and other County's response to extension of
leave inquiry.
Briefing Summary 1/6/2021
j' COVID-19 Catastrophic Leave Application
__✓ate.,
Employee Full Name: Department:
Date of Request: Type of Leave Requested:
I hereby request the following leave for the following reasons:
Emergency Paid Sick Leave(EPSL)—Provides 10 days (up to 80 hours)of paid sick leave for the following reasons:
1)The employee is subject to a federal,state,or local quarantine or isolation order related to COVID-19.
2)The employee has been advised by a health care provider to self-quarantine due to concerns related
to COVID-19.
3)The employee is experiencing symptoms of COVID-19 and is seeking a medical diagnosis.
4)To care for an employee's immediate family member,who resides in the employee's home,who is
self-isolating for one of the reasons described in (1) or(2)above.
5)To care for the employee's child under age 18 (and children above age 18 or older who are incapable
of self-care because of a mental or physical disability)due to closure of the child's school or
unavailability of the child's childcare provider due to COVID-19 precautions.
Public Health Emergency Leave(PHEL)—Allows employees to take protected leave for coronavirus-related
childcare reasons and obligates the employer to pay"at least 2/3"of the employee's regular pay(this does have a cap),
beyond the first 10 days of unpaid leave. An employee may use EPSL leave for the first 10 days (up to 80 hours)and may
use any other accrued leave for the remaining 1/3 of their pay beyond that.
This leave may be used for the following reason:
1)To care for the employee's child under age 18(and children-above age 18 or older who are incapable
of self-care because of a mental or physical disability)due to closure of the child's school or
unavailability of the child's childcare provider due to a public health emergency.A public health
emergency, in this case,would be COVID-19 and only while it is declared by a federal,state, or local
emergency.
Department of Labor(DOL) regulations indicate that to be eligible for PHEL leave, an employee must represent that no
other suitable person will be providing care for the child during the period for which the employee is receiving family
medical leave. Intermittent use of this leave is not required to be approved by your supervisor.
High Risk Employees—Governor Inslee's Proclamation 20-46,effective until June 12,2020, unless extended.—
Allows employees deemed by the Center for Disease Control(CDC) as being at higher risk of suffering severe illness or
death from COVID-19 to use all available accrued leave options,apply for unemployment benefits, and to use leave
without pay, if and when leave is exhausted. Based on the CDC guidance this definition includes:
1)The employee is age 65 years and older.
2)The employee of any age with an underlying medical condition.This condition must be documented by
a physician and provided to Human Resources.
All employees are considered critical government workers, per Governor Inslee's Proclamation 20-25 Appendix. If you do
not qualify for any of the leaves outlined above and wish to request the use of your accrued leave(sick,vacation, personal
or comp time)for the COVID-19 related public health emergency you are required to request and be approved from your
supervisor for such leave,as outlined in the Collective Bargaining Agreement,or the Mason County Personnel Policy.
Documentation Required:
Employee's Name: Date(s) leave is requested for:
Please provide a written statement of how meet the leave you are requesting due to the qualifying reason you selected
above.
For those applying for leave due to childcare reasons.please provide the following information:
I attest there is no other
suitable person to provide
care for the child,or if over
the age of 14,will provide
.a statement of the"special
Name of school, place of childcare or circumstances"existing
provider closed or is unavailable requiring myself to provide
Name of Child Age the direct care.
Signature
2021 EPSL 2021 PHEL
County Continued Continued Notes
Employees who have unused Emergency Paid Sick Leave(free 80 hours)may carry forward any balance
Chelan Yes No available until March 31,2021.
Douglas No No Employees are required to use their accrued leave.
Franklin No No Employees are required to use their accrued leave.
Okanogan No No Employees are required to use their accrued leave.
A temporary furlough program has been offered to parents who need to stay home due to their kids'school
being closed.The program allows for employees who have exhausted their leave banks(due to COVID)to
take up to 50%of their scheduled time off as leave without pay,and the BOCC will maintain health benefits
Skagit No No as if they were working full-time.This program expires June 30,2021.
The BOCC is considering continuing to offer paid leave for COVID related leave similar to the expired leave
Stevens Possibly Possibly laws.
Thurston No No Employees are required to use their accrued leave.
Walla Walla No No Employees are required to use their accrued leave.
Employees are required to use their accrued leave.They also strongly encourage telework options for
Whatcom No No COVID related leave needs.
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Jennifer Beierle
DEPARTMENT: Support Services EXT: 532
BRIEFING DATE: January 11, 2021
PREVIOUS BRIEFING DATES: N/A
ITEM: Mason County Monthly Financial Report: December 2020
EXECUTIVE SUMMARY: Review of Cash Balances, and Revenues and Expenditures for all
County Funds through December 2020.
BUDGET IMPACTS: Budget to Actual Comparison of 2019 & 2020
RECOMMENDED OR REQUESTED ACTION: N/A
ATTACHMENTS: Mason County Monthly Financial Report: December 2020
J:\Budget Office\Briefing,Agenda, &Public Hearing Items\2021\Briefing Summary 1.11.2021 -December 2020
Financial Report.doc
Cod�s DECEMBER
MASON COUNTY MONTHLY
`y4J FINANCIAL REPORT 2020
J:\Financials\2020 Financials\2020 December Financial Report.xlsx
��OUN CpLNT
A
MASON COUNTY MONTHLY FINANCIAL
= ' REPORT I)ECMBFX 2020
trw
2019 vs 2020 Current Expense Revenue Comparison _ .
Revenue
Collected o Uncollected %2020
Revenue. -
Deparfinent"Name. 2019'Bud et = ...uncollected /0.2019 2020 Budget -Through
Collected." Acfuat dif 201.9;
End vs 2020
g Through EndRevenue ..
of Month Revenue of Month
289)
WSU Extension $ 28,440 $ 31,726 3,286 112% 20,500 20,437 (63) 244% (17,596
Assessor 6,000 9,489 3,489 158% 7,000 17,085 10,085 244% 5,287
Auditor 744,371 647,380 (96,991) 87% 1,251,604 1,442,666 191,062 115% 795,287
Emergency Management 147,267 80,194 (67,073) 54% 64,648 70,877 6,229 110% (9,317)
Facilities&Grounds - 600 600 0% - 5,375 5,375 0% 4,775
Human Resources - 2,569 2,569 0% - 50 50 0% (2,519)
Clerk 308,825 372,800 63,975 121% 329,712 268,859 (60,853) 82% (103,942)
Commissioners 824 936 112 114% - - - 0% (936)
Support Services 700 4,082 3,382 583% 700 2,434 1,734 348% (1,648)
District Court 900,787 1,019,792 119,005 113% 1,086,064 961,401 (124,663) 89% (58,391)
199
Community Development 1,667,810 2,056,607 388,797 123% 1,790,810 2,201,806 410,996 123% (45,48,805)
Parks&Trails 42,200 56,543 14,343 134% 44,000 7,739 (36,261) 18% 05
710
Juvenile Court Services 1,026,628 1,270,018 243,390 124% 1,161,972 1,304,727 142,755 112% 34,
Prosecutor 182,232 181,800 (432) 100% 192,951 192,228 (723) 100% 10,427
27
Child Support Enforcement 206,367 154,390 (51,977) 75% 209,515 184,550 (24,965) 88% 30,160
Coroner 39,000 32,020 (6,980) 82% 35,000 24,640 (10,360) 70% (7,380)
Sheriff 1,301,462 1,230,294 (71,168) 95% 1,142,783 1,102,631 (40,152) 96% (127,664)
Indigent Defense 204,767 169,493 (35,274) 83% 204,767 178,638 (26,129) 87% 9,146
Superior Court 48,550 50,900 2,350 105% 147,005 104,201 (42,804) 71% 53,300
Family Court 2,500 2,232 (268) 89% 2,500 2,472 (28) 99% 240
Therapeutic Court 579,041 404,222 (174,819) 70%. 620,162 516,076 (104,086) 83% 111,853
Murder Expenditures - - - 0% 0%
Treasurer 24,726,117 26,673,988 1,947,871 108% 26,348,450 26,892,054 543,604 102% 218,066
Indirect Payments from Oth 3,923,478 3,878,431 (45,047) 99% 9,167,682 8,681,274 (486,408) 95% 4,802,843
Motor Pool 0% 24,625 24,625 0% 24,625
Totals $ 36;087,366 $ H,3_30,506 ;•$ 2,243,140 1U6% $ 43,827;825 $ 44,206;843 $'. `.: 379,01.8 101% 5;876,337
U,,a dte l�en,hmark - '•on•h•• es 1U0%
2
J:1Financials\2020 Financials12020 December Financial Report.xlsx
PAN c�� A MASON COUNTY MONTHLY D E cC'E MB El_ ��
a
FINANCIAL REPORT 202.0
y Treasurer Department Receipts
Treasurer#001-260=000 2019 Budget 2019 YTD This Month %2019 2020 Budget. 2020 YTD This Month' %2020..
REAL&PERSONAL PROPERTY TAXES 10,169,566 9,953,187 38,499 98% 10,383,385 10,114,897 90,874 97%
SALES TAX TITLE PROPERTY - 7,547 6,964 0% - 524 398 0%
LOCAL RETAIL SALES&USE TAX 5,225,000 6,062,688 499,103 116% 6,000,000 6,883,694 652,599 115%
LOCAL PUBLIC SAFETY-CITY 37,000 51,377 4,076 139% 37,000 48,532 4,220 131%
CRIMINALJUSTICE 600,000 772,959 62,955 129% 600,000 830,513 76,924 138%
LEASEHOLD EXCISE TAX 35,000 27,622 9,144 79% 35,000 31,478 11,016 90%
FOREST EXCISE TAX - 461,030 0 0% 225,000 301,151 0 134%
FRANCHISE FEES 510,000 509,402 0 100% 520,000 487,005 0 94%
PAYMENT IN LIEU OF TAX/B OF L 275,000 288,550 0 105% 289,000 314,361 0 109%
PUD PRIVILEGE TAX 700,000 723,453 0 103% 725,000 734,058 0 101%
DNR OTHER TRUST 2 100 288 0 288% 100 104 0 104%
CITY-COUNTY ASSISTANCE 1,362,676 1,554,929 426,305 114% 1,415,000 1,502,635 521,404 106%
DNR PILT NAP/NRCA 4,000 4,002 4,002 100% 4,000 3,871 3,871 97%
CRIMINALJUSTICE-COUNTIES 680,000 701,020 0 103% 680,000 753,661 0 111%
ADULT COURT COST-JUVENILE OFFE 5,000 4,773 412 95% 5,000 4,880 402 98%
CRIMINAL JST-MARIJUANA ENFORCE 85,000 83,520 21,380 98% 85,000 85,517 21,521 101%
DUI-OTHER CRIMINAL JUSTICE A 15,400 14,552 0 94% .15,400 15,765 0 102%
LIQUOR/BEER EXCISE TAX 116,920 123,519 0 106% 116,920 147,699 0 126%
LIQUOR CONTROL BOARD PROFITS 205,000 200,810 50,183 98% 205,000 200,506 50,071 98%
IN LIEU OF-CITY OF TACOMA 175,000 198;471 16,539 113% 190,000 202,440 16,870 107%
TREASURER'S FEES 0 0% - 30 0%
PAYMNT FOR SRVCS-MASON LK DIST 475 573 0 121% 475 360 0 76%
PAYMNT FOR SRVCS-SPENCER LK FND 0 0% - 145 0 0%
PAYMNT FOR SRVCS-ISLAND LK FND 100 120 0 120% 120 290 0 . 242%
e CHARGES FOR SRVCS-MACECOM 1,400 1,316 0 94% 1,300 1,324 0 102%
RETURNED REMITTANCE(NSF)FEES 2,400 2,600 200 108% 2,400 2,600 120 108%
REET COLLECTION FEES 100,000 123,918 9,334 124% 100,000 134,445 12,243 134%
REET COLLECTIONS COSTS 9,000 9,165 .985 102%, 9,000 8,706 900 97%
3
ltv
a pa)rt�rr'ent R ce ept T'r�easurer De,, - - - _
:Treasurer#001460-000 2019 Budget'
:3019 YfD , . This Month; /0 2019.,: 2020:Budget . 2020 YTD This Month %2020
TREAS.FIRE PROTECTION ASSESSM 15,000 15,042 97 100% 15,000 15,079 188 101%
TREAS OTHER WORD PROCESSING 400 431 42 108% 575 375 26 65%
PUBLIC DISCLOSURE CHGS SRVCS 10 106 0 1063% 5 - 0 0%
DATA PROCESSING SERVICES 2,000 1,601 0 80% - 107 1 0%
GAMBLING TAX PENALTY - 728 0 0% - 350 0 0%
REAL&PERSONAL PENALTY - 327,006 136,769 0% 350,000 384,692 71,792 110%
PERSONAL PROP FILING PEN - 22,005 303 0% 5,000 20,914 480 418%
PENALTY ON REAL&PERSONAL PRO 350,000 534 (109,959) 0% - - (6,703) 0%
FAILURE TO LIST PERSONAL PROP 5,000 2,334 738 47% - - 0 0%
INTEREST&OTHER EARNINGS 600,000 882,551 83,521 147% 800,000 436,565 17,061 55%
INVESTMENT SERVICE FEES(TREAS. 24,000 25,783 1,957 107% 25,000 13,799 566 55%
INT.ON CONT.NOTES-ACCTS.HELD,S 8,500 21,644 1,390 255% 8,500 14,020 1,011 165%
LEASEHOLD EXCISE TAX INTEREST - 13 3 0% - 9 2 0%
EXCISE INTEREST 50 144 0 288% 50 226 4 451%
INV PURCHASED INT - (2,517) 0 0% - (199) 0 0%
INTEREST ON DELINQUENT PR TAX 650,000 595,219 61,413 92% 650,000 605,166 44,103 93%
RENTS/LEASES-DNR TRUST 500,000 19,118 139 4% 1,000 16,368 0 1637%
RENTS/LEASES-DNR TMBR TRUST 1 - 597,600 26,760 0% 500,000 300,611 66,480 60%
UNCLAIMED MONEY/PROCEEDS-SALES - 104,516 0 0% 60,000 73,844 12,899 123%
TREASURER TAX FORECLOSURE TRUST 32,000 - 0 0% 64,000 - 0 0%
CASH ADJUSTMENTS/OVER-UNDER 10 (668) (1) -6681% 20 (220) (29) -1100%
TAX DISTRIBUTION ROUNDING 10 - 0 0% - - 0 0%
MISCELLANEOUS-OTHER REVENUE - 108 0 0% 100 - 0 0%
ROAD DIVERSION 2,160,000 2,168,424 23,545 100% 2,160,000 2,180,155 34,220 101%
SALE OF TAX TITLE PROPERTY - 1,514 1,375 0% - - 1,484 0%
LEASEHOLD EXCISE TAX 5,000 1,985 (23) 40% 5,000 2,368 (321) 47%
TIMBER EXCISE TAX 53,000 - (109,869) 0% 53,000 - (71,056) 0%
DNR OTHER TRUST 2 50 955 886 1910% 50 915 1,870 1830%
OTHER INT-DNR INTEREST 50 3 (147) 5% 50 8 (80) 17%
RENTS&LEASES/DNR OTHR TRST 1 2,500 6,420 (132,525) 257% 2,500 15,710 (37,066) 628%
SPACE AND FACILITIES LEASES 4,500 - 0 0% 4,500 - 0 0%
Grand Total', $24,726,117 ` $26,673,988 . $1,136,496 108%.: $26,348,450 $26,89Z,054, . $1,606,362 :.�.�r 102%
_ -
Unaudited:*Benchmark for Month is.100°0
4
�•�oN Cop,�AA DECKER
MASON COUNTY MONTHLY FINANCIAL
REPORT 2020
2019 vs 2020 Expenditwre Comparison for Current Expense
Expenditures Expenditures Unexended Actual dlf
Department.Name 2019 Budget`., through End of Unexended %-2019 2020 Budget through End of Budget %2020' zoi@ vs
-Month:-- Budget Authority Month Authority 2ozo
WSU Extension 267,872 $ 252,182 $ 15,690 94% 293,274 283,617. $ 9,657 97% 31,434
Assessor 1,334,071 1,297,933 36,138 97% 1,433,285- 1,289,525 143,760 90% (8,408)
Auditor 1,345,142 1,333 072 12,070 99% 1,826,453 11753,541 72,912 96% 420,469
Emergency Management 310,240 222,268 87,972 72% 302,576 286,786 15,790 95% 64,519
Facilities&Grounds 1,179,000 1,080,505 98,495 92% 1,309,792 1,072,920 236,872 82%
HR/Risk Mngt 738,873 659,441 79,432 89% 592,660 546,637 46,023 92% (112,804)
LEOFF 100,000 64,614 35,386 65% 100,044 61,136 38,908 61%
Clerk 1,007,346 946,733- 60,613 94% 1,049,462 1,046,050 3,412 100% 99,316
Commissioners 356,881- 334,012 22,869 94% 348,669 341,002 7,667 98% 6,990
Support Services 527,667 509,001 18,667 96% 716,397 693,769 22,628 97% 184,769
District Court 1,270,137 1,101,301 168,836 87% 1,398,892 1,292,033 106,859 92% 190,732
Community Development 2,193,111 1,998,142 204,970 91% 1 2,516,927 2,295,387 221,540 91% 307,246
Parks&Trails 514,421 473,535 40,886 92% 547,442 484,923 62,520 89% 11,388
Juvenile Court Services 1,867,831 1,772,131 95,700 95% 1,943,451 1,826,780 116,671 949%. 54,649
Prosecutor, 1,659,636 1,356,283 303,354 82% 1,668,998 1,453,052 215,946 87% 96,770
Child Support Enforcement 210,020 173,467 36,553 83% 210,658 179,975 30,683 85% 6,508
Coroner 310,249 304,566 5,683 98% 321,934 315,542 6,392 98% 10,975
Sheriff 10,829,836 10,604,458 225,378 98% 11,762,381 .11,329,117 433,264 96% 724,658
Traffic Policing 2,214,252 2,236,128 (21,876) 101% 2,160,000 2,199,799 (39,799) 102% (36,328)
Courthouse Security 170,740 154,488 16,252 90% 175,740 173,983 1,757 99% 19,495
Indigent Defense 1,006,254 961,959 44,295 96% 1,127,136 1,067,818 59,318 95% 105,860
Superior Court 903,142 889,192 13,950 gg% 1,064,253 1,006,710 57,543 95% 117,518
Family Court 2,500 2,500 - 100% 2,500 1,070 1,430 43% (1,430)
Therapeutic Court 595,346 409,899 185,447 69% 627,127 464,136 162,991 74% 54,237.
Murder Expenditures 50,000 24,711 25,289 49% 50,000 5,240 44,760 10% (19,471)
Treasurer 821,712 761,912 59,801 93% 823,053 772,868 50,185 94% 10,956
Non Departmental 4,203,247 3,355,708 847,539 80% 5,948,914 4,985,608 963,306 84% 1,629,900
Motor Pool 0% 37,438 35,098 2,340 94% 35,098
Transfers Out to Other Funds 818,869 817,874 995 100% 3,059,167 2,914,039 145,128 95% 2,096,165
Totals $ 36,809,395 $, 34,088,013 $ 2,720,382 93% $ 43,418,623 $ 40;178,159 $ 3,24%464 93% 6,090,146
Unaudited *BenchmarkforMonth is.100%.
5
J:\Financials\2020 Financials\2020 December Financial Report.xlsx
+^ �+ DECKER 2020
Six Year Specific Revenue Streams Comparison
12/31/2015 1 12131/2016 12131/2017 12/31/2018 12/31/2019 12/31/2020
Community Development Revenues $ 1,490,496 $ 1,868,312 $ 1,617,711 $ 1,822,384 2,056,607 2,201,806
Detention&Correction Services $ 404,337 $ 161,486 33,439 93,630 157,043 116,746
Current Expense Property Taxes 91149,999 10,960,892 9,564,497 9,691,021 9,953,187 10,114,897
Road Diversion Property Tax 1,485,052 1,196,084 1,492,829 2,164,017 2,168,424 2,180,155
County Road Property Tax 8,005,549 6,579,322 8,151,225 8,488,053 8,783,981 9,017,752
Current Expense Sales Tax 4,446,441 4,709,220 4,907,329 5,487,711 6,062,688 6,883,694
Criminal Justice Taxes/Entitlements 1,235,530 1,295,581 1,331,000 1,465,848 1,576,823 1,690,336
Rural Sales &Use Tax Fund $ 572,399 $ 603,262 $ 637,507 $ 710,326 $ 818,312 878,401
900,000
300,000
300,000
Com Srvcs-Homelessess Preven Filings 351,281 398,056 438,088 579,456 713,278 860,926
s00,000
-- =f-EW
300,000
00,000
Lodging (Hotel/Motel)Tax 335,765 373,100 391,345 475,671 562,002 520,003
600,000
00,000 LEW
200,000
REET 1 Excise Tax Only 696,703 822,045 1,051,714 1,218,735 .1,263,762 1,599,034
REET 2 Excise Tax Only 696,703 822,045 1,051,714 1,218,735 1,263,762 1,599,034
1 1:600,000
z00,00o i'4 F -
00,000 l ,
00,000 � � '
6
J:\Financials\2020 Financials\2020 December Financial Report.xlsx
PaoN Coa�rA DECEMBER
MASON COUNTY MONTHLY
�xs� FINANCIAL REPORT2 - -0
REVENUE MONTH 12019 REVENUE 2020 REVENUE DIFFERENCE
JANUARY $ 417,707.75 $ 455,733.71 $ 38,025.96
FEBRUARY $ 522,335.70 $ 590,257.14 $ 67,921.44
MARCH $ 415,075.81 $ 4497177.66 $ 34,101.85
APRIL $ 367,492.05 $ 427,572.82 $ 60,080.77
MAY $ 530,280.53 $ 487,803.83 $ (42,476.70)
JUNE $ 489,373.95 $ 460,999.44 $ (28;374.51)
JULY $ 517,176.50 $ 628,587.98 $ 111,411.48
AUGUST $ 614,829.65 $ 702,582.07 $ 87,752.42
SEPTEMBER $ 576,324.52 $ 671,554.81 $ 95,230.29
OCTOBER $ 539,794.06 $ 653,529.82 $ 113,735.76
NOVEMBER $ 573,194.27 $ 703,295.80 $ 130,101.53
DECEMBER $ 499,103.12 $ 652,599.03 $ 153,495.91
TOTAL COLLECTED REVENUE $ 6,062,687.91 $ 6,883,694.11 PROJECTED END OF YEAR REVENUE
REVENUE BUDGETED $ 5,225,000.00 $ 6,000,000.00 $ 6,530,663.82
YET TO BE COLLECTED $ 883,694.11
ANTICIPATED INCREASE :.: '. 530,663.82
MDNTH 0010 r Cyr
PR/fl' OON 1 O. ROOLL:N� A1/C�iG G d.T°o
J:\Financials\2020 Financials\2020 December Financial Report.xlsx 7
'Aaoil COpN ..
Axsa
DECEMB2020ran
SIX Yle, F n anci Reo P,
;Current Expense Recap 12/31/2015 12/31'/2016 '12/31/2017, 12/.31/Z018 12131/2019. 12/31/2020 "
Account Receivable from Belfair Sewer 1,200,000
General Fund Operating Reserves 6,520,791 8,522,003
Contingency Reserve 1,000,000 1,000,000
Technology Replacement Reserves 200,000 200,000
Equipment&Vehicle Replacement Reserves 525,000 525,000
Accrued Leave Reserve 520,000 530,805
Current Expense Unreserved Cash 3,334,654 5,351,321
_ _ - -
- 7,857,952 $. 12';100,445 $ " 16;129;130
Adopted his IVIontli Current Expense Cash $ 8;506,528. $.. 4,412;976 $ 4,127,258
Budget on December 31st 36,198,316 40,787,973 38;545,163 36;930,990 41,404,349 49,581,229
Supplemental Appropriations - 864,056 1,163,226 1,095,455 469,736 5,883,554
Total Budget including Supplementals $ 36,198,316 $ 41,652,029 $ 39:708,389 1 $ 38,026,445. $ 41,874,085 55,464,783
Budgeted Beginning Fund Balance 7,234,903 8,019,728 7,309,944 3,061,750 5,786,719 11,636,958
Budgeted Ending Fund Balance 4,315,462 3,219,132 4,482,808 3,305,003 5,065,690 12,046,160
Revenue Budgets 28,649,671 33,632,301 32,398,445 34,964,695 36,087,366 43,827,825
Revenues thru This Month of each year 3%886,830 32,573,673 33,345,595 36,334,650 38,330,506 44,206,843
'
10
1,0 %
108° 13%Budgeted:R t /
_ 34,721;442 36,808,395 43,4181,06213
-Expenditure Budge 31,882,854 38;534,111 35,261,269
Expenditures thru This Month of each yearl 30,924,658 35,765,385 32,665,560 32,603,957 34,088,013 40,178,159
- -._,
Budgeted Expenditures:Ezpen'ded :• 97% :..9,3% :93°/0 94%, : 93
8
J:\Financials\2020 Financials\2020 December Financial Report.xisx
Special Fund Cash Balances 12/31/2016 ..12/31/2016 12/3,1/2017 :; 12/31/2018 :.12/3112019 12/31/2020:.
Rural County Sales&Use Tax Fund(.09) $ 529,655 $ 495,440 $ 480,688 $ 669,294 $ 740,116 986,654
Auditor's 0&M 266,109 209,871 251,796 265,269 282,431 327,972
County Roads Fund 7,288,266 10,396,911 9,876,404 11,021,078 11,295,244 11,032,069
Paths&Trails 220,241 232,362 245,327 257,154 270,735 280,106
Election Equipment Holding 217,400 259,919 295,699 159,094 162,210 227,692
Crime Victims 241,261 213,346 241,173 200,838 209,212 205,861
Victim Witness Activities 75,061 91,377 26,740 24,415 23,775 24,139
Historical Preservation Fund 53,535 . 38,921 39,057 36,134 .29,478 48,147
Community Support Services Fund 473,425 306,619 464,080 639,813 694,924 1,045,602
Abatement/Repair/Demolition Fund 265,723 266,473 269,482 273,459 278,205 278,674
Reserve for Technology Fund 16,513 101,937 161,816 116,923 -
REET&Property Tax Admin Asst 63,062 72,508 84,028 73,200 72,245 77,302
National Forest Safety 66,173 69,700 34,048 39,520 25,186 16,030
Trial Court Improvement Fund 46,150 68,819 83,082 106,283 111,561 71,515
Sheriff Special Funds 257,034 272,572 247,677 232,958 247,346
18702
Sheriff's Boating Program 1 90,
Narcotics Investigation ,949
49
Public Health Fund 177,997 396,421 181,613 199,812 343,932 20,365
Law Library 82,555 82,570 79,816 75,752 71,331 58,122
Lodging(Motel/Hotel)Tax Fund 348,521 352,054 381,401 555,386 732,955 766,277
Mental Health Tax Fund 1,303,892 1,450,656 1,257,309 1,297,963 1,17.0,550 1,396,299
Treasurer's M&O Fund 77,196 93,247 85,407 47,814 95,279 94,796
Veterans Assistance 128,053 219,147 200,689 86,418 63,630 99,609
Skokomish Flood Zone 109,133 199,036 146,260 53,129 21,936 24,131
Mason Lake Management District 89,035 97,093 112,418 138,860 112,012 73,645
Spencer Lake Management District 6,794
Island Lake Management District 9,443 17,573 17,009 19,708 29,650 30,267
Capital Improvement/Reet 1 Fund 814,226 933,200 1,418,202 1,775,064 2,194,452 2,285,178
Capital Improvement/Reet 2 Fund 1,916,477 1,870,882 2,128,388 2,391,969 2,824,709 3,147,286
Mason County Landfill 755,537 820,753 663,162 575,567 642,412 1,405,571
N.Bay/Case Inlet Utility 696,943 877,460 868,721 1,037,051 1,100,127 1,424,200
N. Bay/Case Inlet Utility Reserve 715 - 717 722 733. -
Wastewater System Development 3,986 3,986 3,986 3,986 3,986 3,986
Rustlewood Sewer&Water 9,927 20,253 282,632 328,635 170,222 76,526
Beards Cove Water 236,443 265,784 353,122 418,698 472,008 545,155
Belfair WW&Water Reclamation 690,813 449,853 (29,881) 123,801 348,349 409,639
Reserve Landfill 507,994 510,125 512,291 480,930 461,715 444,835
Reserve Beards Cove'Ulid 315,341 327,628 341,477 189,680 200,697 208,643
Storm Drain System Development 275,196 114,315 8,742 188,680 181,567 179,771
Information Technology 273,135 529,232 418,212 284,270` 177,684 206,270
Equipment Rental&Revolving Fund 5,218,214 3,424,957 3,709,047 4,125,342 3,171,029 4,183,488
Unemployment Fund 156,355 162,807 151,699 169,702 155,910 180,388
TOTALS $24,276,735 $26,316,526 $26,093,539 . $28,684,382 $29;188,81.1 $32,102',65T:
9
J:\Financials\2020 Financials\2020 December Financial Report.xlsx
MASON COUNTY
tc� - - MONTHLY FINANCIAL DEC ER
xsa REPORT 2020
2020"Current Expense and-Health Fund;ER8&R and""_Motor Pool"Budget to Actual Expenditures
FUND OR DEPARTMENT' ORIGINAL REVISED. YT YTD,ER&R - D MP AVAILABLE BUDGET " %USED."
APPROP' BUDGET EXPENDED::EXPENDED.
WSU 2,065 2,065 3,109 0 -1,044 150.56%
ASSESSOR 23,540 23,540 0 18,753 4,787 79.66%
EMERGENCY MANAGEMENT 0 0 224 28 -251 0.00%
FACILITIES&GROUNDS 23,035 23,035 43 17,6241 5,368 76.70%
HUMAN RESOURCES 400 400 30 ol 370 7.48%
SUPPORT SERVICES 0 0 131 0 -131 0.00%
COMMUNITY SERVICES 34,880 34,880 1,515 21,820 11,545 66.90%
PARKS&TRAILS 25,851 25,851 0 1 5,052 20,799 19.54%
JUVENILE COURT SERVICES 10,900 10,900 20 4,253 6,628 39.19%
PROSECUTOR 3,856 3,856 0 2,738 1,118 71.00%
CORONER 13,828 13,828 40 2,565 11,223 18.84%
SHERIFF ADMIN 493,801 493,801 . 0 309,599 184,202 62.70%
MOTOR POOL 37,438 3,853 10.29%
Total GENERAL FUND" 632;156 669;594 5,111 ` 386;284 244,614 58.45%
SHERIFF'S BOATING PROGRAM 7 0.00%
NARCOTICS INVESTIGATION FUND 7 0.00%
COMMUNITY SERVICES HEALTH 25,847 25,847 1,158 30,234 -5,545 121.45%
TOTAL SPECIAL'FUNDS:
. 25,847 ' .25,847 1,158 .30,247 =5;545 121.50%
Total GENERAL FUND-&,SPECIAL FUNDS..: "."658;003;• ;695,441 '••-"6,269 416,53'0"- 239,610'll. 60.80%
ol
Unaudited.*Benchmark;for month is 100%
YTD MP
TOTAL MOTOR POOL EXPENDITURES BY OBJECT CODE %OF-TOTAL
EXPENDED_-
MOTOR POOL SUPPLIES 59,419 14.27%
MOTOR POOL FUEL 162,102 38.92%
MOTOR POOL LEASE 134,358 32.26%
MOTOR.POOL MAINT-MONTHLY 9,783 2.35%
MOTOR POOL REPAIRS 49,032 11.77%
MOTOR POOL INSURANCE 1,8361 0.44%
Total GENERAL FUND."&HEALTH FUND "_ ` 416,530 100:00%D
TOTAL MOTOR POOL CAPITAL EXPENDITURES.
DEPARTMENT _ %•QFTOTAL•
•CAPITAL LS NO,TWCLUDED,INTHE BUDGETED'AMOUNT OF$666003.69 ACTUALCAPITAL COSTS YT, MP
"ARENOT INCLUDEDW IN MPf06T5 EXPENDED'_'
MOTOR POOL CAP UPFIT FACILITIES 4,752 1.09%
MOTOR POOL CAPITAL LEASE SHERIFF 13,630 3.12%
MOTOR POOL CAP UPFIT SHERIFF 418,538 95.79%
10
Tota4GENERALFUND'8,HEALTH FUND :, :, '• 436,920:•" 1oo.00%
MASON COUNTY MONTHLY FINANCIAL
REPORT DECEMBER 2020
2019 vs 2020 Special and Other Funds Reuenue Comparison .
Revenue q Revenue
Fund Collected Collected o/0 Actual dif 2019
No. Fufld'Name 2019 Budget ._Through End Uncollected %2019. 2020 Budget Through End Uncollected 2020 vs 2020
of Month Revenue- of Month Revenue
103 Sales&Use Tax $ 660,937 $ 832,755 171,818 126% 703,500 883,513 180,013 126% 50,757
104 Auditor's 0&M 116,500 120,505 4,005 103% 118,500 141,946 23,446 120% 21,441
105 1 County Road 14,901,367 16,048,367 1,147,000 108% 15,862,898 14,039,763 (1,823,135) 89% (2,008,604)
106 Paths&Trails 9,740 15,352 5,612 158% 12,695 11,184 (1,511) 88% (4,168)
109 Election Equipment Holdings 27,700 13,774 (13,926) 50% 38,500 67,542 29,042 175% 53,769
110 Crime Victims 24,410 82,389 57,979 338% 41,910 78,243 36,333 187% (4,145)
114 Victim Witness Activities 56,103 37,643 (18,460) 67% 55,683 50,369 (5,314) 90% 12,727
116 Historical Preservation 16,000 18,736 2,736 117% 20,254 28,506 8,252 141% 9,770
117 lCommunity Support Services 1,258,936 1,488,196 229,260 118% 3,096,043 2,825,994 (270,049) 91% 1,337,798
118 Abatement 6,180 6,247 67 101% 8,100 2,048 (6,052) 25% (4,199)
120 REET&Property Tax Admin 24,100 24,192 92 100% 20,800 24,011 3,211 115% (181)
134 National Forest Safety 26,429 23,092 (3,337) 87% 23,092 21,466 (1,626) 93% (1,626)
135 Trial Court Improvements 23,201 22,806 (395) 98% 22,800 22,672 (128) 99% (134)
140 Sheriff Special Funds 102,200 83,149 (19,051) 81% 102,200 1 (102;200) 0% (83,149)
141 Sheriff's Boating Program 0% 208,947 150,446 (58,501) 72% 150,446
142 Narcotics Investigation Fund - 0% 96,797 96,938 141 100% 96,938
150 Community Services Health 2,220,657 2,300,876 80,219 104% 4,154,872 3,009,429 (1,145,443) 72% 708,553
160 Law Library 24,817 25,467 650 103% 25,373 18,667 (6,706) 74% (6,801)
163 Lodging Tax(Hotel/Motel) 390,625 564,802 174,177 145% 392,000 520,922 128,922 133% (43,881)
164 Mental Health 1,061,600 1,226,722 165,122 116% 1,224,328 1 1,447,946 223,618 118% 221,224
180 Treasurer's M&O Fund 187,904 267,381 79,477 142% 195,025 201,822 6,797 103% (65,559)
190 Veterans Assistance 93,700 104,286 10,586 111% 145,060 145,195 135 100% 40,908
192 Skokomish Flood Zone 500,500 365,650 (134,850) 73% 80,500 87,925 7,425 109% (277,726)
194 Mason Lake Mngmt Dist#2 36,000 39,417 3,417 109% 36,000 37,032 1,032 103% (2,385)
195 Spencer Lake Mngmt Dist#3 0% 14,500 15,532 1,032 107% 15,532
199 Island Lake Mngmt Dist#1 10;000 10,531 531 105% 10,000 1 10,248 248 102% (283)
350 1 REET 1 Capital Improvements 1,182,587 1,314,418 131,831 111% 3,541,570 3,920,346 378,776 111% 2,605,928
B51 REET 2 Capital Improvements 1,457,106 1,583,880 126,774 109% 1,535,000 1,984,216 449,216 129% 400,336
402 Mason County Landfill 4,391,501 4,421,868 30,367 101% 4,509,280 5,337,394 828,114 118% 915,526
403 N.Bay/Case Inlet Utility 1,958,500 1,905,072 (53,428) 97% 1,835,584 2,265,054 1 429,470 123% 359,982
404 N.Bay/Case Inlet Utility Res 1 10 9 1031% 1 - (1) 0% (10)
411 Rustlewood Sewer&Water 654,200 455,670 (198,530) 70% 1,495,585 1,486,363 (9,222) 99% 1,030,693
412 Beards Cove Water 656,350 364,403 (291,947) 56% 227,560 225,579 (1,981) 99% (138,825)
413 113elfair WW&Water Reclamation 2,317,550 1,966,042 (351,508) 85% 9,568,692 7,533,619. (2,035,074) 79% 5,567,577
428 Reserve Landfill 2,250 10,211 7,961 454% 6,000 3,336 (2,664) 56% (6,875)
429 Reserve Beards Cove ULID 12,000 15,261 3,261 127% 11,500 11,700 200 102% (3,561)
480 Storm Drain System Development Soo - (500) 0% 500 - (500) 0% -
500 Information Technology Dept 676,936 676,734 (202) 100% 981,746 851,305 (130,441) 87% 174,571
501 Equipment Rental&Revolving 4,376,096 3,546,706 (829,390) 81% 3,520,491 3,755,746 235,255 107% 209,040
502 Unemployment Fund 70,919 70,969 50 100% 73,150 73,073 (77) 100% 2,104
Totals $ 39,536,102 $40,053,579. $ 517,477 101% $ 54,017,036 $ 61,387,089 $ (2,629,947) 95% 11,333,509
Unaudited �Benchma forlVAan - is f00°o
J:\Financials\2020 Financials\2020 December Financial Report.xlsx
MASON COUNTY MONTHLY FINANCIAL REPORT DECKER 2020
2019 its 2020 Special and-Other Funds Expenditure Comparison
Expenditures Expenditures.
Fund � Actual dlf'2D19
N'o. Fund Name. 2019."Budget through End:of -Unexpended %2019.. 2020 Budget through End of Unexpended %2020 vs 2020
Month' Budget Authority Month 8utlgeYAuthority
103 Sales&Use Tax $ 762,336 $ 761,934 402 100% 639,379 636,975 2,404 100% (124,959)
104 Auditor's 0&M 113,483 103,343 10,140 91% 138,104 96,406 41,698 70% (61937)
105 County Road 21,861,143 15,774,202 6,086,941 72% 20,704,939 14,254,520 6,450,419 69% (1,519,682)
106 Paths&Trails 1,866 1,772 94 95% 1,903 1,813 90 95% 41
109 Election Equipment Holdings 30,093 10,658 19,435 35% 30,615 2,060 28,555 7% (8,597)
110 Crime Victims 88,793 74,014 14,779 83% 93,234 81,595 11,639 88% 7,580
114 Victim Witness Activities 59,115 38,283 20,832 65% 60,234 50,005 10,229 83% 11,723
116 Historical Preservation 33,746 25,392 8,354 75% 15,753 9,837 5,916 62% (15,555)
117 1 Community Support Services 1,543,639 1,433,085 110,554 93% 3,403,069 2,475,316 927,753 73% 1,042,230
118 Abatement 54,451 1,502 52,949 3% 54,518 1,579 52,939 3% 77
120 REET&Property Tax Admin 67,790 25,147 42,643 37% 64,283 18,954 45,329 29% (6,193)
134 National Forest Safety 88,968 37,426 51,542 42% 88,092 30,622 57,470 35% (6,805)
135 Trial Court Improvements 50,000 17,528 32,472 35% 75,650 62,718 12,932 83% 45,190
140 Sheriff Special Funds 276,804 68,762 208,042 25% 597,682 247,346 350,336 41% 178,584
141 Sheriff's Boating Program - 0% 38,187 31,744 6,443 83% 31,744
142 Narcotics Investigation Fund - 0% 6,043 5,989 54 99% 5,989
150 Community Services Health 2,356,357 2,156,756 199,601 92% 4,222,907 3,332,996 889,911 79% 1,176,240
160 Law Library 34,382 29,888 4,494 87% 36,365 31,876 4,489 88% 1,988
163 Lodging Tax(Hotel/Motel) 586,351 387,234 199,117 66% 637,791 487,599 15OA92 76% 100,365
164 Mental Health 1,620,782 1,354,134 266,648 84%' 1,439,941 1;222,197 217,744 85% (131,937)
180 Treasurer's M&0 Fund 266,934 219,915 47,019 82% 269,649 202,305 67,344 75% (17,610)
190 Veterans Assistance 188,700 127,074 61,626 67% 187,060 109,216 77,844 58% (17,857)
192 Skokomish Flood Zone 458,037 396,843 61,194 87% 108,543 85,729 22,814 79% (311,114)
194 Mason Lake Mngmt Dist#2 152,234 66,265 85,969 44% 129,000 75,398 53,602 58% 9,134
195 Spencer Lake Mngmt Dist#3 - 0% 14,500 8,738 5,762 60% 8,738
199 Island Lake Mngmt Dist#1 25,129 590 24,539 2% 29,000 9,631 19,369 33% 9,041
350 1 REET 1 Capital Improvements 1,294,600 895,031 399,569 69% 4,626,468 3,829,620 796,848 83% 2,934,589
351 REET 2 Capital Improvements 2,390,087 1,151,139 1,238,948 48% 2,687,427 1,661,639 1,025,788 62% 510,500
402 Mason County Landfill 4,422,637 4,355,023 67,614 98% 4,698,969 4,574,235 124,734 97% 219,212
403 N.Bay/Case Inlet Utility 2,112,726 1,841,996 270,730 87% 2,124,568 1,865,669 258,899 88% 23,673
404 N.Bay/Case Inlet Utility Res 759 743 16 98% 654 - 654 0% (743)
411 Rustlewood Sewer&Water 908,755 614,082 294,673 68% 1,634,618 1,580,059 54,559 97% 965,977
412 Beards Cove Water 370,651 311,093 59,558 84% 216,877 152,431 64,446 70% (158,662)
413 Belfair WW&Water Reclamation 2,202,294 1,741,493 460,801 79% 9,440,716 7,472,329 1,968,387 79% 5,730,836
428 Reserve Landfill 50,000 29,426 20,574 59% 26,168 20,216 5,952 77% (9,210)
429 Reserve Beards Cove ULID 169,244 4,244 165,000 3% 3,754 3,754 - 100% (490)
480 Storm Drain System Development 71,939 7,112 64,827 10% 1,850 1,796 54 97% (5,316)
500 Information Technology Dept 1,191,911 900,243 291,668 76% 1,229,366 822,719 406,647 67% (77,525)
501 Equipment Rental&Revolving 5,449,534 4,501,019 948,515 83% 4,128,801 2,791,705 1 1,337,096 68% (1,709,314)
502 Unemployment Fund 216,287 84,762 131,525 39% 242,484 48,594 193,890 20% (36,168)
11 -Totals $'S1,572 5.57 $ 39,549;150 $ 12,023,407 77% 1 1 $ 64,149,161' $ 48 397,930 $ 15,751 231 ' 75% 8,848,780"
(Jn,au• ed Benc -•a-r fo Ifllon,h is 100%
J:\Financials\2020 Financials\2020 December Financial ReporLxlsx 12
MASON COUNTY PUBLIC WORKS—COMMISSIONER BRIEFING
JANUARY 11,2021
Briefing Items
• Road Vacation 404 PCI—Hearings Examiner Recommendations
• Road Vacation 406 Jones—Hearings Examiner Recommendations
Discussion Items
• Water& Wastewater Manger position
• RFP Results for Solid Waste Drop Box Hauling/Recycle Materials Collection and
Marketing
Commissioner Follow-Up Items
Upcoming Calendar/Action Items
Attendees
Commissioners: Public Works: Other Dept. Staff: Public:
_Randy Neatherlin _Loretta Swanson
_Kevin Shutty _Mike Collins
_Sharon Trask _Richard Dickinson
_Other(list below):
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins PLS PE Deputy Director/County Engineer
DEPARTMENT: Public Works EXT: 450
BRIEFING DATE: January 11 2021
PREVIOUS BRIEFING DATES: June 8, 2020 and August 24, 2020
If this is a follow-up briefing, please provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human
Resources ❑ Legal ❑ Other— please explain
ITEM: Road Vacation No. 404— Hearings Examiner Recommendation
EXECUTIVE SUMMARY:
PCI, LLC has petitioned for a vacation of an unopened and unused portion of NE Roy
Boad Road that lays within their property located at 470 NE Roy Boad Road (Parcel No.
12328-23-00011). PCI, LLC is currently in the early process of building an apartment
complex on their property.
The Examiner issued his Findings of Fact, Conclusions of Law and Recommendations
on November 231 2020 recommending approval of the proposed vacation with the
following conditions:
1. That the county shall approve the proposed vacation, subject to any existing
easements for ingress and egress for any other purpose, if any and in accordance
with RCW 36.87.140, retaining an easement in favor of Mason County for any
utilities present in the proposed vacated right of way.
2. PCI grant an access and utility easement for the 'gravel road"depicted in the
resolution exhibit in a width and form acceptable to Mason County. The easement
should serve the four properties that would otherwise be landlocked to the north.
The Davies property should also have access rights to the gravel road area. Such
access should not include the east-west easement connecting the Davies property
to the gravel road.
Public Works requests that the Board consider and act on the recommendation at the
January 19, 2021 meeting.
RECOMMENDED OR REQUESTED ACTION:
Recommend the Board consider the Hearings Examiner's recommendation to approve
Road Vacation No. 404, vacating a portion of NE Roy Boad Road right of way that lays
within the property lines of Assessor Parcel No. 12328-23-00011.
ATTACHMENTS:
1. Hearing Examiner Findings of Fact, Conclusions of Law and Recommendations
2. Order of Vacation
Briefmg Summary
1
BEFORE THE HEARING EXAMINER FOR MASON COUNTY
2
Phil 01brechts, Hearing Examiner
3
4 RE: Road Vacation No. 404 FINDINGS OF FACT, CONCLUSIONS
5 OF LAW AND RECOMMENDATION
Petition for a Road Vacation
6
7
SUMMARY
8
PCI, LLC, have petitioned for vacation of a disused portion of Clifton Road/NE Roy
9 Boad Road located at 470 NE Roy Boad Road in Belfair. It is recommended that the
10 Commissioners approve the vacation subject to access and utility easements.
11 A recommended condition of approval requires PCI to execute an access easement for
properties to the north that could be potentially landlocked by approval of the vacation.
12 A property owner to the west has also requested a west-east access easement.
Requiring that easement is not recommended since approval of the vacation would not
13 potentially landlock the property to the west.
14
TESTIMONY
15
Staff Testimony
16
17 Mike Collins,Mason County Engineer,summarized the staff report.PCI asked for road
right of way passing through their property to be vacated in its entirety in support of a
18 new multi-family project. In response to the examiner, Mr. Collins stated the vacation
request is for NE Roy Boad Road that is unopened.
19
Dave Smith,Engineering Construction Manager stated that NE Roy Boad Road is used
20 to access the parcels affected by the vacation right now. In the event that the County
21 needs a new connection, they can use existing right of way that is not subject to the
vacation request. It would just be on a parallel environment.
22
Applicant Testimony
23
Joe Frawley, PCI,stated they submitted their petition in August 2019. His recollection
24 is that they'd asked Mr.Furnish to sign it,but he indicated he would not. They left his
25 name,unsigned on the application.This was initially shown on the County GIS map as
an abandoned right of way. The County still felt there was no right of way there, but
they went through the vacation just to be thorough. This road hasn't been used since
the 1930s. On page 11 of the Staff Report, the site plan shoves the existing access stays
Road Vacation P. 1 Recommendation
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in place.They will not change anyone's access to the north. The right of way north of
1
this has already been vacated. WSDOT isn't interested in extending a roadway here
2 because of the topography.There is no benefit to the County for maintaining a right of
way to nowhere that has been supplanted. However, allowing development here has a I
3 clear public benefit.
4 Public Testimony
5 Mr.Rich Egert owns the property to the south.He used dump trucks and backhoes and
6 needs the entire space he owns.He's concerned that if this property is vacated,WSDOT
will want to extend Roy Boad Road up to Highway 3 via Clifton Road. Mr. Collins
7 stated portions of this right of way have already been vacated.Mr.Egert stated WSDOT
wants an alternate route to North Shore due to traffic congestion. This is not part of
8 WSDOT's current plan. It would be a shame to vacate this route that's been in use for
100 years. The person to the north of the requested vacation is not interested in the
9 vacation because he wants to use this right of way for access.If it was vacated now and
10 the right of way was developed, there would be a much bigger impact on his property
for future right of way development. He is not aware of vacations on this right of way.
11 This area is a natural grade up to a trestle at the top of Highway 3.
12 Mr. Egert stated he spoke with people at WSDOT about the vacation area. WSDOT
personnel told him it could be of interest in the future but now it isn't. The WSDOT
13 regional engineer stated if a new alignment was proposed here, it would be a County
14 project. Mr. Egert stated there had historically been plans for a roundabout at the top
of the hill from NE Roy Boad Road to SR 3. The WSDOT engineer told Mr. Egert the
15 roundabout at the top of the hill was news to her. She had worked to increase the
roundabout to make it more accessible to semi-trucks.He also called the County at the
16 beginning of 2020 to ask about activity in this area. The County stated they couldn't
17 do anything until a permit was issued. The fence and notice came up after that. The
petitioners have blocked access to the vacant right of way at their southern property
18 boundary.
19 Mr. Ken Van Buskirk stated Clifton Road is an old road that predates Belfair. He felt
the vacation should have been completed before the rezoning or asking for the
20 moratorium to be lifted. The November 2018 meeting minutes stated the moratorium
21 was in place because of illegal logging. This isn't true,it had a permit under the Forest
Practices Act. The petitioners testified the right of way had already been abandoned
22 and the Commission voted to approve the rezone. The Board approved new code for
the vacation process. The vacation process will benefit the developer,not the County.
23 The developer is vested under the old code which grandfathers them against the new
fees.He wants to know the assessed value of the right of way property.He is concerned
24 this process is very political. In reference to Page 5 of the Petition, Mr. Van Buskirk
25 noted Mr.Furnish hadn't signed the application.Mr.Van Buskirk stated the application
states it's a gated right of way that is unused.It was used for logging in 2014.The road
was not subject to a road abandonment plan.They did place a large berm at the property
boundary to stop people from dumping garbage.That berm has since been renewed and
Road Vacation p. 2 Recommendation
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there is now a cable gate.On page 11 of the application he notes the development relies
1 solely on the vacation of the road, which wasn't applied for until after the site plan
2 application for the complex was submitted. He is interested in knowing how much
acreage is involved in the development of that road. If the vacation is approved, it will
3 place a huge burden on the people who live on the road because they'll have to drive
through the middle of an apartment complex. He urged the examiner to interview j
4 County staff about any undue influence on this rezone, the moratorium removal and
the vacation process.He had difficulty getting information on the road vacation process
5 despite his interest.Mr.Furnish send concerns regarding impacts to the wetlands there.
6 He went to Mr. Burg's facility where there is a culvert. Mr.Van Buskirk took pictures
and a video he showed in the hearing.There is an Ecology test well that is now covered
7 with water. This excess water is prior to any new development. In response to the
examiner, City staff stated they knew of no undue political influence.
8
Mr. Drew Davies stated he is the property owner to the west. He noticed Mr.Frawley
9 stated they would maintain existing access. However, Mr. Davies stated he needed a
10 written agreement because the existing road is not platted.He is asking for a condition
on the vacation requiring access to his property.
11
Staff Rebuttal
12
Mr. Collins stated he was unsure if the petition still had 50% of the adjacent owners
13 without Mr. Furnish's signature.There is a private easement affecting property owners
14 to the north on the extension of Roy B oad Road.Vacation of this won't landlock anyone
or change access for anyone. WSDOT has no plan for an interchange there. The road
15 is tightly controlled with limited access.
16 Applicant Rebuttal
17 Mr.Frawley stated PCI owns more than 50% of the frontage along the right of way.In
18 response to the examiner,no one offered objections to the Examiner looking at public
documents to ascertain ownership. Mr. Van Buskirk stated he thought it was 50% of
19 owners, not land area. Mr. Egert stated he and other neighbors who are adjacent are
opposed.
20
21 EXHIBITS
22 The staff report(Ex. 1)was admitted into the record during the October 14,2020 public
hearing allowing with following attachments:
23
Att.A 1 Aerial
24 Att.A2-8 Petition
25 Att. A9 Deed
Att.B Plat Map
Att. C1-2 Road Profiles
Att. D Topographical Map
Road Vacation p. 3 Recommendation
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Att. E County Resolution 44-01
1 Att.F1-2 Short Plat(297212)
2 Att.F-3 Short Plat(315554)
Att. F-4 Short Plat(505093)
3 Att. F-5 Short Plat(Book 443 pages 457-463)
Att. F-6 Quit Claim Deed February 1989
4 Att.F-7 Quit Claim Deed June 2014
Att.F-8 Real Estate Contract(234233)
5 Att. G County Resolution 112-02
6 Att. H County Vacation Resolution 319
7 The following additional exhibits were admitted into the record during the hearing:
8 Ex. 2 Van Buskirk Letter June 9,2020
Ex. 3 Furnish Letter October 9,2020
9 Ex. 4 Forest Practices Application
10 Rich Egert objected to the lack of exhibits being sent to the respondents. Ms. Maria
11 Frasier stated the notice was sent with the link to the exhibits. Mr.Egert stated he was
not aware it was on a website.
12
The examiner left the record open to allow for ftirther information from all parties.The
13 following additional exhibits were admitted into the record after the close of the oral
14 portion of the public hearing:
15 Ex. 5 Email exchange between Van Buskirk and Mike Collins(October 14,
2020 to October 19,2020)
16 Ex. 6 Email exchange between Hearing Examiner and Phil Franklin
17 (October 14, 2020)
Ex. 7 Email exchange between Van Buskirk,Whitehead, and Frasier(June
18 11-12, 2020 and October 15, 2020) and including an exchange
between Franklin and MacSems (May 19-20, 2020)
19 Ex. 8 Email exchange between Van Buskirk, Loretta Swanson and Ms.
Frasier on June 9,2020 and October 15,2020)
20
21 FINDINGS OF FACT
22 Procedural:
23
24 1. Hearing. A virtual hearing on the petition for vacation was held on October
14,2020 at 2:00 pm via Zoom.The record was left open until 5 pm November 3, 2020
25 to allow for additional opportunities for public comment.
Substantive:
Road Vacation p. 4 Recornmendation
2. Site/Proposal Description. The petitioners, PCI, LLC, have petitioned for
2 vacation of a disused portion of Clifton Road/NE Roy Boad Road.
3
4
5
FLIMISII
6
7
8
9
10
Gravel Roa
AW
12 Davies
Requested
13 Vacation
14 PCI,LLC
Kuligowsk] County Road
15
16 Figure 1
17 As shown in Figure 1, the initial alignment of the Cliflon Road/NE Roy Boad Road
18 right of way bisects PCI's parcel(APN 12328-23-00011)and continues a short distance
into an adjacent parcel to the north that is owned by Eli Furnish (APN 12328-22-
19 04000). When the road was first created in 1888 (Ex. I Att. A-F), the alignment
continued from the current County road section through the PCI, LLC and Furnish
20 properties northeast until it joined SR 3. However, the public right of way past the
21 current endpoint was vacated in 2002(Ex. 1,Att.G and H).The full original alignment
has been disused since the 1930s (Ex. 1, Page 3). The County maintained portion of
22 existing NE Roy Boad Road ends at approximately the PCI, LLC southern boundary.
From there, a gravel roadway continues in the area designated"gravel road"in Figure
23 1. The gravel roadway also bisects the PC[,LLC property and services four properties
(including Furnish) north of the PCI property, terminating along Mt. Furnish's
24 southwest property line.
25
.3. Utility of Vacation Area. The vacation area has no utility to the County
road network if the petitioner is conditioned to provide an access easement across its
Road Vacation p. 5 Recommendation
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property as detailed below to provide access to properties to the north that were
1 intended to be served by the vacation area.
2 The right of way subject to the vacation request was originally created in 1888 to go
3 from Clifton to the Kitsap County Line.This road was known as County Road to Port
Orchard then Clifton Road and later as Roy Boad Road. A portion of the road was
4 vacated through parcels APN 12328-22-00050, 12328-22-00060 and 12328-22-00040
via Vacation 319 (Ex. 1 Att.A-H). The County views the vacation area as having been
5 abandoned (Ex. 1, Page 2). The staff report states additional development in the area
6 will most likely use the currently used gravel road area across the petitioner's property
rather than establishing a new road along the vacation area (Ex. 1, Page 3). This is
7 because the remaining disused portions of the 1888 alignment have been vacated.
County staff also concluded that there is tow utility in keeping the right of way due to
8 steep slopes,existing development patterns,and vacation that has already occurred(Ex.
1,page 2) and that additional development in the area will most likely use the existing
9 gravel road rather than establish anew road(Ex. 1,page 3).
10 Staff opined there could be utility from a long-range planning perspective with the
11 objective of maintaining a vibrant downtown Belfair.The Belfair Mobility Plan(2018)
discusses the local street connections in the vicinity of the vacation area. The Plan
12 concluded a connection to SR 3 is not recommended due to significant cuts and fills to
alleviate very steep slopes that about SR 3. Additionally, there are wetlands, fish
13 bearing streams, steep slopes,unstable soils, and existing building patterns that make
14 this future connection infeasible (Ex. 1, Pages 2-3). While Mr. Egert advocated for a
potential future connection from the proposed vacation area to SR 3, when Mr. Egert
15 contacted them,WSDOT claimed to have no plans to extend the alignment of NE Roy
Boad Road. County Public Works staff also contacted WSDOT Multi-Modal Planning
16 Manager Dennis Engle regarding this potential connection. Mr. Engle indicated SR 3
17 is a limited access highway. WSDOT will not allow additional access in this area and
has no plans for a connection with SR 3 from the Roy Boad Road area(Ex. 1,page 2).
18 Ultimately fiutuire extension of the roadway network in this area is a policy choice to be
made by the County Commissioners. Given a recommendation must be made, the
19 recommendation herein is to grant the petition since another route currently exists,
portions of the old alignment have already been vacated, limited connectivity to SR 3
20 and the topographical challenges previously identified.
21 As shown on the graphic on Figure 1,the public portion of NE Roy Boad Road ends at
22 the petitioners' southern boundary. The developed roadway then apparently follows a
new alignment to the west of the 1888 alignment created by short plats and other
23 conveyance documents as compiled in Ex. 1, Att. F. It is unclear if these recorded
documents accurately and fully depict the western alignment currently-used by property
24 owners to the north. Consequently, if the Commissioners approve the proposed
25 vacation,there is a possibility that properties to the north could be rendered landlocked
as a result of that approval if the currently used gravel road across the petitioner's
property isn't fully legally recognized. To prevent that from occurring, it is
recommended that the approval of the vacation be conditioned on the petitioner
Road Vacation p. 6 Recommendation
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executing an casement across the currently used alignment on their property. Such an
1 easement would eliminate the possibility that approval of the vacation would landlock
2 the properties to the north,thus rendering the vacation area unnecessary to the County
road network.
3
In addition to access issue for properties to the north, Drew Davies asserts that he
4 should also be granted an easement for his property located to the west of the subject
property (APN 12329-14-91030) (See Figure 1 on page 5). However, unlike the
5 properties to the north, approval of the vacation area would not affect access to Mr.
Davies property. Mr.Davies tested there is currently informal access from the gravel
6 road currently used on the petitioner's property to the Davies parcel. Mr. Davies is
i
7 concerned he will become landlocked if there is no formal provision for him to gain
access to the currently used road.However,the vacation area is not part of any County i
8 road alignment that was designed to directly access the Davies.Although the 1888 road
alignment was designed to access properties to the north,it was not designed to provide
9 direct access to Mr. Davies' property. In point of fact, the County road network was
10 designed to provide access to Mr. Davies via the right of way depicted in Figure 1 as
NE Jake Road, which connects to NE Old Belfair Road. The Jake Road right of way
11 doesn't appear to be currently used by Mr. Davies, as there is a house constructed on
it.
12
Mr.Davies apparently uses the"Gravel Road"depicted in Figure 1 as part of his access
13 route to his property, going west across the Petitioner's property in some unspecified
14 route. This westerly unspecified route is not part of the County road system. Whether
Mr. Davies has any legal right to use that route is a private matter between Mr. Davies
15 and the Petitioner. Approval of the vacation area does not potentially landlock Mr.
Davies' property. For the northern properties, if the "Gravel Road" for some reason
16 turns out to be invalid access,the vacation area would serve as a default means of access
17 and for that reason is necessary to the County road system. The same cannot be said
for Mr. Davies property. In his case, if the "Gravel Road" turns out to be invalid, the
18 vacation area wouldn't serve as a default means of maintaining access to his property,
because Mr. Davies doesn't have any east-west connection to the vacation area. Mr.
19 Davies should be given rights to use the "Gravel Road" in case he does have some
legally enforceable access from his property to the "Gravel Road." Beyond this,
20 requiring the PCI to provide east-west access is not a condition necessary for a finding
21 that the vacation area is not necessary to the County road system.
22 All other properties in the area that could be served by the 1888 alignment have other
ways to access their properties, either through the existing alignment of the gravel
23 portion of NE Roy Boad Road (including Furnish and the properties to Mr. Funnish's
24 southwest which take access now from NE Roy Boad Road).
25 4. Right of Way as Easement. Mr. Franklin's report(Ex. 1, Page 1) identifies
the vacation area as a Class A per MCC 12.20.040 with no required compensation for
fee simple interest. No appraisal is required.
Road Vacation p. 7 Recommendation
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5. Administrative Fees. The petitioner has paid the$500 administrative fee as '
1 shown in the receipt entered as Ex. 1,Ex.A,page 3.
2 6. Adjoining Ownership. The vacation area bisects the petitioner's property
3 and is encompassed 100%within the petitioner's property. The petitioner is the only
adjoining property owner.
4
5 CONCLUSIONS OF LAW
6 Procedural:
7 1. Authority of Hearing; Examiner. MCC 12.20.030 provides the Examiner
8 with the authority to review road vacation applications and make a recommendation to
the Mason County Board of County Commissioners.
9
Substantive:
10
2. Review Criteria and Application. Chapter 12.20 MCC sets forth the requirements
11 for vacation of roads. Furthermore, MCC 12.20.010 provides that County roads may
12 be vacated in accordance with the provisions of Chapter 36.87 RCW. Applicable
review standards for vacation under Chapter 12.20 MCC, as well as those in Chapter
13 36.87 RCW, are quoted in italics below and applied via corresponding conclusions of
law.
14
15 MCC 12.20.010: County roads maybe vacated in accordance with the provisions of
16 RCW 36.87, and Mason County may require as a condition precedent to the vacation
the receipt of just compensation from the person or persons benefiting from the
17 vacation.
18 RCW 36.87.020: Owners of the majority of the frontage on any county road orportion
19 thereof may petition the county legislative authority to vacate and abandon the same
or any portion thereof. The petition must show the land owned by each petitioner and
20 set forth that such county road is useless as part of the county road system and that the
public will be benefited by its vacation and abandonment. The legislative authority
21 may:
22 (1) require the petitioners to make an appropriate cash deposit or furnish an
23 appropriate bond against which all costs and expenses incurred in the examination,
report, and proceedings pertaining to the petition shall be charged; or
24
(2) by ordinance or resolution require the petitioners to pay a fee adequate to cover
25 such costs and expenses.
Road Vacation p. 8 Recommendation
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RCW 36.87.060: If the county road is found useful as apart of the county road system
1 it shall not be vacated, but if it is not usq/ul and the public will be benefited by the
2 vacation, the county legislative authority may vacate the road or any portion thereof.
3 3. Vacation Area Meets Vacation Criteria. As conditioned, the proposed
vacation conforms to the requirements of the statutes quoted above.As determined in
4 Finding of Fact No. 6,the petitioner owns 100%of the property abutting the proposed
vacation area. The petitioner has paid$500 in application fees as required by County
5 regulations (Ex. 1, Ex. A, page 3). As determined in Finding of Fact No. 4, as
6 conditioned, the vacation area is not useful as a part of the county road system. The
public will benefit from the vacation as it will increase the size and especially the utility
7 of the petitioners'property while ensuring continued access to properties to the north.
8 MCC 12.20.040: For the purpose of vacating county roads, all roads shall be
9 classified as follows:
10 (1) Class A. All roads for which the right-of-way is an easement.
(2) Class B. All roads for which the right-of-way is owned in fee simple and for
11 which the county paid full fair market value of the fee simple estate.
(3) Class C. All roads that meet RCW 36.87.090 requirements.
12
13 4. Vacation Area Oualifies as Class A Road. As determined in the findings
of fact, the right of way subject to the requested vacation is an easement and therefore
14 qualifies as a Class A road.
15 MCC 12.20.050: Any person`or persons desiring to have any portion of any county
road vacated shall be required by the Mason County board of county commissioners
16 as a condition precedent to the vacation to pay the county prior to the vacation. The
17 compensation rates include those rates set forth in Section 12.20.060, if any, and the
administration fee set forth in Section 12.20.080.
18
5. Required Administrative Fees Paid. Compensation for the value of the right
19 of way is addressed in Conclusion of Law No. 6 below, The petitioner has already paid
a$500 deposit for the petition as shown in Ex. 1,Ex. A,page 3.
20
21 MCC 12.20.060: The county shall require, as a condition precedent to the vacation of
roads or portions thereof within the classifications set forth in Section 12.20.040, that
22 persons benefittingfrom the vacation thereofcompensate Mason County as setforth in
the following schedule:
23
(1) Class A Roads. F fty percent of the appraised value.
24 (2) Class B Roads. One hundred percent of the appraised value.
25 (3) Class C Roads. Afo compensation other than for the administrative fee of the
vacation action.
Road Vacation P. 9 Recommendation
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At no time will the compensation for Class A or B roads be reimbursed less than the
1 county originally paid for the property.
2 6. Compensation Required. The County Commissioners can likely require
3 PCI to compensate the County for 50%of the value of the vacation area. This amount
could partially or completely offset by the recommended easement condition.
4 The version of the MCC 12.20.060 in effect when the subject petition was filed did
not require compensation for Class A roads. That has since been amended to the
5 language quoted above, which requires the petitioner to pay 50% of appraised value,
6 since the vacation area qualifies as a Class A road. Vacation petitions arguably do not
vest to vacation regulations in effect at the time of filing. Since most land use permit
7 applications aren't subject to the vested rights doctrine,street vacations also would not
vest as they are more legislative in nature.See Potala Village Kirkland,LLC v. City of
8 Kirkland, 183 Wn. App. 191 (2014),.review denied, 182 Wn.2d 1004 (2015)'. The
Commissioners should confer with their legal counsel on this issue, but it does appear
9 that they may have the authority to require compensation for this vacation request.
10 MCC 12.20.080: Each petition for vacation of a road shall be accompanied by a
11 payment of one thousand dollars to cover all administrative costs regardless of the
county's approval of vacation. Said administrative costs shall include the costs of the
12 hearing examiner in holding the public hearing and reporting recommendations to the
13 board of county commissioners.
14 7. Required Deposit Paid. The petitioner has paid a $500 cash deposit as
shown in Ex. 1,Ex.A,page 3. The$500 fee was in effect at the time it was due, so the
15 required amount was properly paid. The administrative fee is distinguishable from the
16
1 The vested rights of PCI to former MCC 12.20.060 is legally ambiguous, which is
17 why this report suggests consultation with the Commissioners' legal counsel. The
18 Petitioner did pay a$500 application fee for its petition,so the argument could be made
that the Petitioner should be given vested rights because it has invested in a process
19 that required no compensation for vacation area. However, the same argument could
be made for land use permits,and the courts have made it clear under Potala that vested
20 rights only applies for permits expressly conferring vested rights by state statute or
local ordinance.The courts have also ruled that roads vacated by nonuse under the non-
21 user statute, RCW 36.87.090, confer vested rights to the adjoining property owners
22 who take title to them. See Real Progress v. City of Seattle, 91 Wn. App. 833 (Wash.
Ct. App. 1998). However, that only applies in situations where title has already been
23 transferred. As noted in COL No. 7, that principle would apply to the $S00
administrative fee, since that has already been paid,but it likely does not apply to the
24 compensation issue, since compensation is not yet due. Overall, given the wide
discretion afforded to street vacation decisions, it doesn't appear that a court would
25 find that a compensation requirement is subject to the vested rights doctrine.
Ultimately,a refund of the administrative fee may be due if the Petitioner doesn't want
to pay compensation,but beyond that it appears that requiring compensation is likely
legally defensible.
Road Vacation P. 10 Recommendation
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compensation issue in COL No. 6 because the compensation amount has not yet
1 become due. '
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2 RECOM3UNDATION
3
It is recommended that the Board of Commissioners approve the proposed vacation, j
4 subject to existing easements for ingress and egress for any other purpose, if any,and
in accordance with RCW 36.87.140, retaining an easement in favor of Mason County
5 for any utilities present in the proposed vacated right of way.
6
The petitioners should also be required to grant an access and utility easement for the
7 "Gravel Road" area depicted in Figure 1 in a width and form acceptable to Mason
Cotmty. The access easement should serve the four properties that would otherwise be
.8 landlocked to the north as depicted in Figure 1. The Davies property should also have
access rights to the"Gravel Road" area. Such access should not include an east-west
9 easement connecting the Davies property to the"Gravel Road."
10
11 DATED this 23rd day of November,2020
12
13
Phil A. Olbrechts
14 Mason County Hearing Examiner
15
16
17
18
19
20
21
22
23
24
25
Road Vacation P. 11 Recommendation
RETURN TO MASON COUNTY PUBLIC WORKS
100 W.Public Works Drive
Shelton,WA 98584
IN THE MATTER OF THE VACATION OF A ORDER OF VACATION
PORTION OF ROY BOAD ROAD WHERE ROAD VACATION FILE NO. 404
CROSSES PARCEL NO. 12328-23-00011 RCW 36.87
PETITIONER:PCI,LLC
WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate
the following described rights of way:
A portion of Roy Boad Road that lays within the property lines of Assessor's Parcel#12328-23-00011,
address 470 NE Roy Boad Road,
AND,WHEREAS,the date of the virtual hearing was set for October 14,2020 at 1:00 p.m.
and Notice of Hearing,Intent to Vacate,was published and posted according to law; and
WHEREAS, the virtual hearing was held on October 14, 2020 and the Mason County
Hearing Examiner considered the County Engineer's report, together with any evidence for or
objection against said vacation; and
WHEREAS, the Hearing Examiner has rendered to the Board of Mason County
Commissioners, his Findings, Conclusions and Recommendations and the members of the Board
have given them due consideration.
NOW, THEREFORE, IT IS ORDERED that the above described right of way is hereby
vacated; and
IT IS FURTHER ORDERED that said vacation is subject to any existing private easements
for ingress and egress or any other purpose and to retaining an easement in favor of Mason County
for any utilities present in the vacated road right-of-way in accordance with RCW 36.87.140 and
subject to the following recommended conditions:
1. PCI grant access and utility easement for the"gravel road" as shown in the attached
Exhibit A, in a width and form acceptable to Mason County. The easement should serve
the four properties that would otherwise be landlocked to the north. The Davies property
should also have access rights to the gravel road area.'Such access should not include the
east-west easement connecting the Davies property to the gravel road.
DATED this day of ,2021
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASH NGTON
McKenzie Smith, Clerk of the Board
Randy Neatherlin, Chair
APPROVED AS TO FORM:
Kevin Shutty,Vice Chair
Tim Whitehead, Ch. DPA
Sharon Trask, Commissioner
Cc: Vacation File No.404 .
Treasurer
s
Exhibit A
NE MCKNtGHT RD'
Fumish p
-pr"5T
f
Y n!
Gravel Road
Davies Requested
Qi Y
w Vacation
m £ �w
o NE JAKE DR �Q ,
PCI,LLC g
03
Z f
Kullgowski
f'
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins PLS PE Deputy Director/County Engineer
DEPARTMENT: Public Works EXT: 450
BRIEFING DATE: January 11 2021
PREVIOUS BRIEFING DATES: July 20, 2020
If this is a follow-up briefing, lease provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human
Resources ❑ Legal ❑ Other— please explain
ITEM: Road Vacation No. 406— Hearings Examiner Recommendation
EXECUTIVE SUMMARY:
Neil &Julie Jones petitioned for the vacation of the north half of Fir Street adjacent
to Block 8 Lots 21 through 28 in the Plat of Grays Harbor and Union City Railroad
Addition to Union City. The vacation area is approximately 20x30 feet in size and
abuts Mr. and Mrs. Jones property. The vacation would add useable space the
portioner's lot and shut off unwanted access to the back of their property.
The Examiner issued his Findings of Fact, Conclusions of Law and Recommendations
on November 23, 2020 recommending approval of the proposed vacation with the
following conditions:
1. That the county shall approve the proposed vacation, subject to any existing
easements for ingress and egress for any other purpose, if any and in accordance
with RCW 36.87.140, retaining an easement in favor of Mason County for any
utilities present in the proposed vacated right of way. The prosed vacation should
also be subject to a drainage easement to accommodate the seasonal drainage way
located in the northeast potion of the Jone's property in one of the vacation areas
Public Works requests that the Board consider and act on the recommendation at the
January 19, 2021 meeting.
RECOMMENDED OR REQUESTED ACTION:
Recommend the Board consider the Hearings Examiner's recommendation to
approve Road Vacation No. 406, vacating a portion of the north half of Fir Street
adjacent to Block 8 Lots 21 through 28 in the Plat of Grays Harbor and Union City
Railroad Addition to Union City.
ATTACHMENTS:
1. Hearing Examiner Findings of Fact, Conclusions of Law and Recommendations
2. Order of Vacation
Briefing Summary
i
BEFORE THE HEARING EXAMINER FOR MASON COUNTY
2
Phil 01breclits,Hearing Examiner
3.
4 RE: .Road Vacation No. 406 FINDINGS OF FACT,CONCLUSIONS
5 OF LAW AND RECOMMENDATION
Petition for a Road Vacation
6,
7
SUMMARY
8
Neil and JuliaJones have petitioned.for vacation of a:portion of Fir Street betwreen E.
9 Port Townsend St. and E. Tacoma Street.in Union and vacations of an undeveloped
10 alley. It is reconunended the Commissioners approve the vacatioiis subject to a utility
and drainage easement.
11
The Fir Streetportion has a gravel road constructed.as a logging haul_road in the 1970s.
12 This road meanders through the width of the right of way, though it is not an official
road and.is impassible to passenger vehicles.in sore seasons. Neighboring property
13 owners; Joe Cooper (Ex. 3, 5 and 6) and Jose Flores (Ex. 7), argue the vacation area
14 of the road. provides the only access to the southern, downhill portions of their own
lots which front Spruce Street uphill and.to:the north'. However, the road vacation area
15 does not actually connect-to the southern portions of their properties and is separated
.from their properties by:a road vacation approved in 2012. There is also no evidence or
16 assertion that Mr_ Cooper,or Mr.,Flores have any access rights from their property to
the vacation.area. Approval of the vacation.area will have no impact on emergency
17 access to..the Cooper and Flores properties.
18
There is.seasonal surface water mnoTat the northeast corner of the Jones' property
19 that passes through one of the.proposed vacation areas. County staff have rioted the
drainage across the Jones property should be maintained.. It is recommended that the
20 vacation be.conditioned_on a:dramage easement across the.vacati.on area that currently
21 provides seasonal drainage.
22 Alt other properties in the.area have other ways to access:their properties. Conditioned
with the drainage easement,.the proposed vacation area is not necessary for County use
23 and shoald lie.approved.
24
25
Road Vacation P. l Recommendation
TESTIMONY
1
2 S.taff Testimony
3. Mike Collins,Mason County Eingiineer,summarized the staff.report. Ex. B, page 10:is
a good depiction of the vacation area. The parcels ate currently served by another right
4 of way. There is.no County road there, but there is a path. The three adjacent lots are
using the south half of the right of way to access the properties. This right of way is an
5 alley.The vacated area is the back of the existing lots that are accessed from a.right of
6 way at the front.
7 Applicant Testimony
8 Mr..Neil Jones,Petitioner stated.the trailer is accessed by Port Townsend Street.Noire
9 of the lots is accessed by the requested right of way area.
10 public Testimony
11 Joseph Cooper stated he has concerns regarding the north half of Fir Street. On the left
side of the vacation,he found a.survey marker on a corner. That 30-feet plus vacation
12 goes to the center of the road. On the east side, he couldn't find a pin. However, it
appears the 30.-feet encompasses.the entire road.There,is a steep grade and narrow lots.
13 These lots cannot be accessed via Pine Street, so they will be effectively landlocked.
14 There are safety concerns for fire access.He,wants to ensure the Fire:Department has
perpetual access to the top of that li l.l. He bought his:property knowing he has access
15 to the bottom half of his property. In response to the examiner;Mr.Cooper stated there
needs to be better improvements. The street is straight'on the map but is meandering
16 on the ground because of tlie. topography. He feels they need to do a better job of
17 working.out where the road actually is and make sure access is maintained to the other
parts of the property.He.still:has access to the northern part,but this would.remove the
18 access to the southern part of his property.
19 Staff Rebuttal.
20 Mr. Collins stated there is adequate access to the lots to the south.The County did not
21 perform a road survey. They aren't sure where the trail/path is in relation to the right
of way. Mr. Collins stated he did not know how Mr. Cooper will. be affected.. Mr.
22 Cooper states he needs Fir Street to remain public right of way to access the southern
portion of his property. However, only a portion of the right of way is being vacated,
23 there should still be an open access on the southern half of Fir Street.
�4 M . Cooper stated the road meanders and is riot centered.
25 In response to the examiner,Mr.Collins stated there needs to be a condition of approval
that ensures the.road will still be accessible to properties to the east(across the vacated
Road Vacation p. 2 Recommendation
Tacoma Street right of way)..This may.require survey work. Mr. Cooper has access to
t Pine Street for::the top of his property,
2 Applicant Rebuttal
3
Mr._Jones stated Port Townsend and McCreavy can access the.Fir Street area.There.is
4 access from both.ends:.Tacoma Street has been vacated. The vacation..he's asking for
is a continuation of previous vacations along Fir Street.
5
6
Mr.,Cooper stated:he'd like to focus on the issue as being a.fire access problem. The
topography is.:very steep. Access to.the southern portion of his property would become
7' part of a dead end..'He also noted the neighbor next to Mr. Jones has a right of way
vacation but of only 20 feet,not the 30 feet Mr.Jones is asking for.This to him implies
8 that the roadway is closer to the side of the right.of way rather-than ii the middle. The
road meanders throughout the 60-foot right of way: He needs drive through:access. He
purchased his property with the plat as is because it,allows him access. There is, a
10 clrainaZD.ciil, on this.road. I.t is:Ueing used as open.right of vttay,l lr.., Cooper caiuiot
access his property from north to south:because of the very steep slope: One neighbor
11 couldn't develop his property without this'road. He is not the only person.affected by
this vacation.
12
Mr. Jones started he doesn't want to cause any fire hazards. The vacation next to hire,
1.3 Mr.Hess,is;30 feet: He-used 15 feet to build his house while leaving the road in place.
14 It is. Mr: Jones' intention to only use the 15-feet..This will alleviate seasonal water
issues on his property.
15
EXHIBITS
16
The Staff Report was admitted as Ex. 1 with Attachments Al-D5 at the October 14,
17 2020`publit.hearing. Additional exhibits entered into-the record-after the,bearig date
18 include;
19 Ex,2 EmaiLfrom Joe Fnsio(October I9,2020)
Ex. 3 Email from Joe Cooper(October N,2020)
20 Ex 4 Email from Neil Jones(October 20,2020)
21 Ex. 5 Email from Joe Cooper(October 21, 2020)
Ex. 6 Email from Joe Cooper(October 22, 20220)
22 Ex, 7 Email from Jose Flores with attachnient(October 14, 202.Q)
Ex. 8 Mason County Road Vacation 9382
23 Ex. 9 Mason County.Graphic Depicting Fir Street Improvements
24
25
Road.Vacation p; 3 Recommendation
I FINDINGS.OF FACT
2 Procedural:
3 1. Hearin. A virtual hearing onthe petition for vacation was held on October
4 14,2020 at 2:00 pm via Zoom.The record was left'open until 5 pin Nov6mber 3, 2020
to allow for.additional opportunities forpgbliccomment.
5
Substahtive:
6
? 2. Site/ roposal Description, The petitioners; Neil and Julia Tones, have
petitioned for vacation of two portions of right of way. The first portion is the north
g half of Fir Street adjacent to Block &-Lots 21 through 28.in the Plan:of Grays.Harbor
and Union City Railroad.Addition to Union City, ari area 200 feet in.width by 30 feet
9 in depth. The Fir Street portion has a gravel road constructed"as a togging haul road in
the 1970s. This road meandeis through the width of the right of way, though it is,
10 an official road and is impassible to passenger vehicles in some seasons.
11 The second portion is an.unopened alley right of way adjacent to the south property
12 boundaries;of Block 8;Lots.21-28 in the Plan of Grays Harbor and Union City Railroad
Addition to Union City..This vacation reduest:is for an area 200 feet in width.by i 0 feet
13 in depth. The alley way has never been developed..
14 The Jones'.have requested the vacation because there is'seasonal surface,water runoff
15 at the northeast comer of their property t hich requiies a 3:0-foot septic system setback,
because they wish to provide more of a buffer between their house and the adjacent:
16 county park, and because they wish to better control traffic on. Fir Street which is
presently dangerous and prone to litter issues. The Jones note the neighbor to the east;
17' Mr. Hess; was granted the identical vacation(Vacation.File No. 3`82) (Ex. 8) and:that.
18 the development profile of tliese..two.lots would be.similar.
19 3• Utility of Vacation Area. With the exception that a portion of the proposed
vacation area is used to accommodate seasonal drainage,the proposed.vacation:areas
20 are not necessary to the County road system. A recommended condition of approvat.
rewires:an easement to accornmodate,the drainage. With that.condition,the vacation
21 areas can.be found-not necessary to the road system:.
22 The.subdivision in,.which the vacations are.proposed was platted,in 1890 with very
23: small urban style lots in a gridded pattern of 60-foot wide roads and.streets and 20-foot
wide. alleys mid-block (Ex.. 11,.Att. A, Page 2). Most of the right of way was never
24. developed because of steep topography..There is currently no road within"the alley.As
noted in Finding of Fact.No. 2, the Fir Street right of way does include a rough gravel.
25 road that was originally used as a logging kid.road.IYIr. FasS`io testified his,father had.
roughed in;the road in the 1970s (Ex. 2). This road is harrow, muddy, steep and
.iriipassible t passenger vehicles in wet conditions:
Road Vacation p,4 Recommendation
Public. Works staff have doted the. proposed vacation. areas are not necessary to
l provide.access to any lots and there Is no evidence to the: contrary. Neighboring
property owners,notably Joe Cooper(Ex.31, 5.and 6)and.Jose Flores(Ex._7),argue the
vacation area of the road provides the only access to the southern,downhill portions.:of
3° their own lots which front Spruce Street uphill,and to the north and that the proposed
vacation area,lias the potential�to provide emergency.access:for:firefighting should.a
4 fire,break.out on the southern portion of the lots adjacent to Spruce Street..However,
the road vacation area does not.actually connect to the southern portions of their
5 properties and is,separated from their properties by a road vacation.approved in 2012.
6. There is also no.evidence or assertion that Mr. Cooper or Mr. Flores have any access
tights from their property`to,the vacation area. For these.reasons, the proposed road
7 vacation will have no current or future linpact on emergency access:to the'Fl.otes and
Cooper.properties.
s
There is seasonal drainage located in the northeastern portion of the Jones' property'in
9 one of the vacation areas. Public Works"staff Have recommended that .a drainage
10 easement. for this area, which.. is adopted by this recommendation. With the
recommended condition of approval,the:.proposed vacation area is notnecessaiy to the
l'1 County road"system.
12 4. Right of Way as Easement. Mr. Franklin's report, Ex. 1, identifies the
vacation area aS a Class.A per MCC 1.2.20.040 with io required compensation:for fee
13` simple interest..No appraisal.is required.
14
5. Adininistrative Fees. The petitioner has paid the$500 administrative fee as
15 shown in the receipt entered as Ex. 1,Att..A,page 1.
16 CONCLUSIONS OF LAW
17 Procedural:
18
1, Authority of Hearing'Examiner. MCC 12.20.630 provides the Exam iicr
19 with the authority to review road:vacation applications and make a recoirunendation to
20 the Mason County Board of Connty.Comn-iissioners.
21. Substan.tive-
22 2. Review Criteria .and. Application. Chapter 12.20 MCC sets forth the
requirements for vacation of roads. Furthermore,MCC 12.20.010 provides that County
21 roads may he vacated in accordance.with the provisions of Chapter 36.87 RCW.
24 Applicablereview standards for vacation under Chapter 12.20 MCC, as well as those
in Chapter 36.87 RCW, are quoted.in italics below and applied 'via corresponding
25 conclusions of law.
MCC 12,20.010:. Count r ocrds,nuty7 be vacated in crccai dtrrtce rvitl the prorisiotzs of
RCTV 36.87, and Mason Cocnzt},may regtdre as a condition precedent to the vacation
Road Vacation P. 5' Recommendation
the receipt of Just comper7sation from the person or persons bertefing ftam the
1 vacation.
2 RCW 36.87.020: Oivrrer s ofthe nzrionly o the.frotzta e on any coatr �road of orlibi7
3 thereof inay petition the County legislative authorio; to vacate and abandon the same
or di7y portion thereof. The petition»?ttst show the land owned by each petitioitei'rind
4. set forth that such county .road is useless as part of the county road system.and that..the
public ivi.11 be benefited bj�.its vacation and abandonment. The legislative.authority,
5 ruay.-
b 1 require the petitioners to piake drr appropriate cash dePosit or jurnish an.
7 appropriate bond against which all costs and expenses incurred in the exctininatio i,
report, and proceedings pertaining to the petition shall be charged;.or
8
(2).Uv ordinance or resoltttiorr require the petitioners to pcty a fee adequate to ..cover
9 such costs and expenses.
10
RCW 36.87.060: If the count}1 road is found useful as a part of the c�ottraty marl s}rstemt
11 it shall not,be vacated, b.i t if it is not useful and the public mill be benefited by the
yacation, the county legislative authority may' yacate the,road or any portion thereof.
1?
RCW 36.87,090: any coirrity road, or par=t.tireregl, which r-ernairis rti.open.for public
13 use or'a eriod o ve years a ter the or"dL'1 .S ll.ltde Or GLLltllot'l �Pranted fot',oper�ing
f P. ff. y .f t3 a
14 it,shall be thereby vacated, and the authority for building it barred by lapse of tine;
PROVIDED, 77uit this section,shall not applies to any high vay, road, street, alley, or-
15 other public place dedicated as such in any plat, whether theland.ncluded in.such plat
is within or Without the lindis`of tit incorporated cib� or town,. or to,any land conveyed
16 by deed.to dFie state or`to.any,county,,city or town,/or hig1mays, roads, streets, alleys,
17 or other public places.
18 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms
to"lhe rquirements of the statutes quoted above.As detennined by the findings of fact,
19 the.petitioner Owns all of the property abutting :the proposed vacation area. The
petitioner has paid $500 in application fees as required by County regulations (See
20 Finding of Fact No.5).As,detennined in Finding of Fact No.3,the vacation area is not:
2T useful as apart,of the county road system.The public, will benefit from the vacation as
it will increase the size and:developable area of the Jones' property, thus adding to
22 Assessor Rolls and it will also reduce. potential County liability and maintenance
responsibilities of the vacation area.
23
The.Jones'assert that their'proposed.vacation area has already been.vacated as a matter
24 'of law by operation of RCW 36.87.090, This could very well be the case; but would
25 likelyrequire a judicial determination,°probably a quiettitle action,to resolve that issue.
This recommendation only applies the procedures and standards available to the Mason
County Commissioners to vacate roads; which requires a finding that the proposed
vacation areas are not useful to the County road systerri,.
Road Vacation p, 6 Recommendation
1 MCC 1.2.20.046: For the purpose of vacating coitnot roads, all roads .shall be.
2 classified Cis follaivs:
3 (1) Class:A.. Allroadsfor which the rght7of YA;qY is an easenient,
(2) Class B. All roads.for which:the right-of.-way is owned in fee simple aj7d foi,which
4 the.county paidtint fair market value of the fee simple estate..
5 4. Vacation Area Qualifies as Class A Road.. As determined in the.findings
6 of fact, the right of way subject to the requested vacation is an easement and therefore
qualifies as a Class A road:.
7
MCC.12.20.050:: Arty Berson or persons desiring to have any.portion of any county.
D.
8 road vacated shall be required y.the Masora: County Board of County Conulussior ei s
as a condition precedentto the vacation to.conipensate the county prior to the vacation
9 The=compensation;shall incl ude, but not be limited to, the appraised;fair market value
10 of the c6untv's fee simple, iiiterest it the vacated road as of the effective date of the
vacation, and the costs of any and all appraisals deemed necessary by(...J the:Hearng
11 Examiner or the Board of Cou it} Coininissior ers, together with any and all
administrative costs incurred by the eounty in vacathw the road. Said administrative
12 costs shall include the costs of the Hearifi,-,E anziner in holding.tlie public hearitzg and
MpOrtilrg r-ecornlr endations to' the Board of Cotui.ty Contn issr'oners. Stich
13- compensation must.be paid to Mason County within six months of'the date the vacation
14 yvas approved by the Mrison Coizirty cornriiissioners or the vacation.shall be mill and
void.
15
5. Required Administrative Fees Paid. Compensation for the valise of the
16 vacation area is addressed in.Conclusion of Law No. G below. The petitioner has paid
a$500 deposit for the petition as shown in Ex. 1,Att..A.
17
18 MCC 12.20.060: The eouno)shall require, as a.condition precedent to the vacation of
roads orportions thereof'wi.thin the classifications set.forth in Section 12.20.040, that
19 persons benefittingfroin:the vacation thereof conipensate;Mason County as set forth art;
the following schedule.-
20
21 (1) Class A Roads.fifty percelit of the appraised value
(2) Class B Roads. One hundred percent of the appraised value.
22 (3) Cass C Roads. No colnpensatioir.other than fir r the admi nistrative fee of the
vacation action.
23
At no time will the coltipensation for Class A or B roads be reimbursed less than the
24 county originally paid far the property:
25
6... Compensation Required. The version of the_MCC 12.20,060 in effect when
the subject petition.was filed did not require compensation for Class A.roads. That has
since been amended to the:language quoted above,Which.requires the petitioner to pay
Road Vacation p. 7 Recommendation
50%of appraised value:Vacation.;petitions arguably do.not vest to vacation regulations
I in effect at the time of filing Since most land use permit applications aren't subject to
the vested rights.doctrine, street vacations also.would:likely not vest as they are;more
legislative in nature..See Potala. Village Kirkland, LLC v. City of Kirklutzcl; 1.83 NVn.
.3 ,:App. 19.1; (2014.),review denied, 182 Wn.2d 1004(2015)'.The Commissioners should
confer with their legal counsel on this issue,but it,does appear that:they may have the
4 authority to require compensation for this vacation request.
5 MCC 12.20.090: Each petition for vacation of'a road shall be accompanied by a bond
6 or cash deposit of a m nlniz nz of f ve hundred dollars, tii,hich shall be used to dg/roy
examination, report, publicidian, investi, c tion and other costs connected vvith the
7 application. When deeined necessarji.by the county engineer, an additiolral deposit
arn:ount may be rewired to cover appraisal or other costs.. Board of County
8 Con tnissioner s.[sic]For anypetition, Whether gr anted or denied for which.the deposit
exceeds the total costs, the excess deposit shall be rounded to the petitioner. For any
9 petition, whether granted or denied;.for which the,costs.exceeds the deposit, the excess
to shall be billed to the petitioner and be clue crud payable'in niediatell
a i 7•- Required Dcposit .Paid. The petitioner has paid a $500 cash deposit as
shown in'Ex: 1,Att.A. The$500.fee was in effect at the time it was due,so the required
12 amount was properly paid. The administrative fee is distinguishable from the
cornonsatioii is"sue in COL No. 6 because the co npeiisation amownt:.has not yet
13 become due.
14
RECOMMEivDATTONT
15
16
i The vested.rights of the petitioner to former MCC '12.20.060 is'legally ambiguous;
17 which is why this..report suggests.consultation-with the Commissioners'legal counsel.
The Petitioner did pay a$500 application fee for its petition, so the argument could be
18 that-the,Petitioner should begiven vested rights because. it has invested in a.process
19 that required no,'co mpensation,for,vacation area. However, the same argument could
be made for land use permits;and the courts have.made:it:clear under Potdla that vested
20 rights only applies for permits expressly,eorifer ed vested rights by state.statute or local
ordinance. The courts have also riled that roads vacated by nonuse.under the non-user
21 statute, RCW 36.87.090; confer vested rights to the adjoining property,owners who
take title to them. See Real Progress v City of Seattle, 91 Wn. App. 833.(Wash. Ct.
22 App. 1998). However, that only.applies in situations where title.has already been
23 transferred. As noted in COL No. 7, that principle would apply to the $500
administrative fee, since that has.already been paid,but.it likely does not apply to the
24 compensation issue; since compensation is not yet due. Overall, :given the wide
discretion afforded to.street.vacation.decisions, it doesn't appear that a court would
25 find that a compensation requirement is subject to the vested rights doctrine.
UItimately,'a refund of the administrative fee may be due if the Petitioner doesn't want
to pay compensation, but beyond that i.t,appears that reOuiring.compensation is likely
legally defensible.
.Road.Vacation P. 8 Recommendation
It is recommended that the Board of Commissioners approve the proposed vacations,
1 Subject to existing easements for ingress:aid egress for any other purpose,.if any; and
2 in accordance with,RCW 36..87.140, retaining an easeineiit in favor of Mason County
for any utilities present in the proposed z vacated right:of way. The:proposed vacation.
3 should also be subject to a drainage easement to accommodate the seasonal drainage
way identified;by Public:Work staff.
4
DATED this.23`d day of.'November,202'0
5
6
Phil A. Olbrechts
Mason.County Hearing Examiner
8
9
10
11
12
13
'14
1.51
16
17
18
19
20
21
22
23
24
25
Road Vacation p: 9 Recommendation
RETURN TO MASON COUNTY PUBLIC WORKS
100 W.Public Works Drive
Shelton,WA 98584
IN THE MATTER OF THE VACATION OF A ORDER OF VACATION
PORTION OF NORTH HALF OF FIR STREET VACATION FILE NO. 406
ADJACENT TO BLOCK 8,LOTS 21 THROUGH 28 RCW 36.87
IN THE PLAT OF GRAYS HARBOR 20X30 FEET
IN SIZE
PETITIONER:NEIL&JULIE JONES
WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate
the following described rights of way:
An unused portion of north half of Fir Street adjacent to Block 8 Lots 21 through 28 in-the Plat of Grays
Harbor and Union City Railroad Addition to Union City. The vacation area is approximately 20x30 feet in
size.
AND,WHEREAS,the date of the virtual hearing was set for October 14,2020 at 1:00 p.m.
and Notice of Hearing,Intent to Vacate,was published and posted according to law; and
WHEREAS, the virtual hearing was held on October 14, 2020 and the Mason County
Hearing Examiner considered the County Engineer's report, together with any evidence for or
objection against said vacation; and
WHEREAS, the Hearing Examiner has rendered to the Board of Mason County
Commissioners, his Findings, Conclusions and Recommendations and the members of the Board
have given them due consideration.
NOW, THEREFORE, IT IS ORDERED that the above described right of way is hereby
vacated; and
IT IS FURTHER ORDERED that said vacation is subject to any existing easements for
ingress and egress for any other purpose, if any and in accordance with RCW 36.87.140,retaining
an easement in favor of Mason County for any utilities present in the proposed vacated right of
way. The prosed vacation should also be subject to a drainage easement to accommodate the
seasonal drainage way located in the northeast potion of the Jones's property in one of the vacation
areas.
DATED this day of ,2021
ATTEST: BOARD OF COUNTY COMIVIISSIONERS
MASON COUNTY,WASHINGTON
McKenzie Smith, Clerk of the Board
Randy Neatherlin,Chair
APPROVED AS TO FORM:
Kevin Shutty,Vice Chair
Tim Whitehead, Ch.DPA
Sharon Trask, Commissioner
Cc: Vacation File No.406
Treasurer
MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Kell Rowen
DEPARTMENT: Planning EXT: 286
BRIEFING DATE: January 11, 2021
PREVIOUS BRIEFING DATES: None
If this is a follow-up briefing, please provide only new information
INTERNAL REVIEW (please check all that apply): ❑ Budget/Finance ❑ Human Resources
❑ Legal ❑ Other— please explain
ITEM: Place on the January 19, 2021 Action Agenda to set a public hearing for February 16,
2021 to consider rezone of two parcels (96 acres) from Rural Residential 5 (RR5) to Rural
Natural Resource (RNR) to allow for the expansion of the Johns Creek Sand &Gravel mine in
Bayshore (parcels 32003-20-00030 and 32134-30-00000).
EXECUTIVE SUMMARY: (If applicable, please include available options and potential
solutions):This request by Bayshore Sand and Gravel is to rezone two parcels totaling 96 acres
adjacent to their existing sand and gravel mine from residential to Rural Natural Resource.The
Planning Advisory Commission voted 6-0 to recommend approval of the application request after
review of staff report, applicant testimony, public testimony and deliberation during three separate
scheduled meetings on June 22, 2020, November 16, 2020 and December 21, 2020.
BUDGET IMPACT: None
PUBLIC OUTREACH:(Include any legal requirements, direct notice,website,community
meetings, etc.) Site was posted, Public Hearing notice published in the Journal required for
Planning Commission and Board. Residents within 300 feet of the proposed rezone plus the
Rainbow Lake neighborhood, were also notified by mail. Posted to Planning Advisory
Commission website and posted on the home page in the Commissioner agendas.
RECOMMENDED OR REQUESTED ACTION: Place on the January 19, 2021 Action Agenda
to set a public hearing for February 16, 2021.
ATTACHMENTS: Map of rezone request
Briefing Summary 1/5/2021
Mason County WA GIS Web Map
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❑ Tax Parcels(Zoom in to 1:30,000) ❑ Rural Residential 5 Acres
0 150 300 600 m
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Development Areas ❑ Rural Residential 20 Acres
❑ Rural Multi Family t_.I rr��tt
Agricultural Resource Lands Esri, HERE, Garmin, (c) OpenStreelMap contributors, and the GIS user
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Inholding Lands CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User
❑ Long Term Commercial Forest Community
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MASON COUNTY
BRIEFING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Kell Rowen, CDA &Josh Luck, Lead Building Inspector
DEPARTMENT: Community Services EXT: 286
BRIEFING DATE: January 11, 2021
PREVIOUS BRIEFING DATES: December 7, 2020 and January 4, 2021
ITEM: Discussion of the 2018 Building Code amendments prior to public hearing
continued to January 19, 2021.
EXECUTIVE SUMMARY: Mason County is proposing amendments to the Mason
County Code Title 14, in compliance with State Building Code updates.
BUDGET IMPACTS: None
RECOMMENDED OR REQUESTED ACTION: Discussion of amendments to Title 14
and adoption of the 2018 State Building Code amendments prior to hearing set for
1/19/2021 (continued from 1/5/2021).
ATTACHMENTS: Attachment A
Briefing Summary 1/5/2021
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).
2015 iRtemational Building Code (19G) in aeGeFdaRGe with WAG Chapter 51 50, iRGluding SeGtiORS -101
%A.1nr�().
(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 296-46B. Adopting Appendix Chapters, CR (Light Straw-Clay
Construction) and S (Strawbale Construction).
,
G (SwimmiRg peels, spas andhet tubs, Appendix R (DwelliRg Wnit FiFe SpFinldeF Systems) as published
Building Code WAC 51 5-1-0
(c) 2018 Edition of the International Fire Code as published by the International Code Council (ICC),
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).
Ee�'^�AC51 54.
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ATTACH M 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.
2014 Editien ef the Liquefied PetFeleum Gas Cede (NFPA 58) and adeptiRg the Washington State
Building Cede WAG 51 5-2,
(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).
-20-1-5 W.A.iferm Plumbing Cede, published by the InteFR@tiGRal AsseeiatieR ef Plumbing and Meehanka4
Chapters 12 and 1:5. PFA-;.Xif-jP-i-j f'-i#hPF,that these reqUiFements ef the UnifeFm Plumbing Cede relating
Gade addressing buildiRg seweFs are net adepted, and adepting the WashingtoR State Building Cede
WAG 51 5
(f) 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings as published by the
International Conference of Building Officials.
GGRforeRee of Building OffiGials
(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).
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 198109, Board of appeals.
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ATTACHMENT A
14.16.025-IFC Section 10T3110.4.Violation—Penalties.
14.16.028-IFC Section 334112.4, Failure to comply.
Chapter 14.17-STANDARDS FOR FIRE APPARATUS ACCESS ROADS
14.17.120-Large residential developments.
Where more than fifty units are designed in a residential development, either single-family,
multifamily, retirement or similar, there shall be a minimum of two access points to the county road
system. Such access points shall be located so as to provide for general circulation, alternate
emergency vehicle access routes,through access, and general transportation design considerations.
One of these access points may be for emergency vehicle use only where the number of units does
not exceed e4+--two hundred. Design of an "emergency vehicle use only" access must be approved by
the local fire district and fire marshal.
14.17.125 Fire apparatus access road gates.
Gates securing the fire apparatus access roads shall comply with all of the following criteria:
1.Where a single gate is provided the gate width shall be not less than 20 feet.Where a fire apparatus
road consists of a divided roadway, the gate width shall be not less than 12 feet.
2. Gates shall be of the swinging or sliding type.
3. Construction of gates shall be of materials that allow manual operation by one person.
4. Gate components shall be maintained in an operative condition at all times and replaced or repaired
when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for
emergency access. Emergency opening devices shall be approved by the fire code official.
6. Methods of locking shall be submitted for approval by the fire code official.
7. Electric gate operators,where provided, shall be listed in accordance with UL 325.
8. Gates intended for automatic operation shall be designed, constructed and installed to comply with
the requirements of ASTM F2200.
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 officialWheR a bFidge is Fequired as part ef a fiFe apparatus aceess Fead, it is to be GORStFUGted
fiFe apparatus and shall be approved by the fiFe distF*Gt and fire n4-;;r-rhall.The IE)ad FatiRg ef the bFidge
shall be posted On an approved leeatien with aR appreved vVeathe-F resistant desigRed sign.
and maintained iR aGGE)Fdanee with nationally FeeegRized st@RdaFd. it shall have designed live leading
ATTACHMENT A
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!50M1501, W& 22-5- 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-
1501VI1501.
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
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 296-4-50M-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
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ATTACH M ENT A
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 2415 IRC/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 WAG 296 1 5nn^ n^anuf„tUice h,,imesANSI A119.5 Section 5-8. These installation
instructions must be on site for review by the building inspector.
6hapteF 3, SeGtOGR Z_C n
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 2009 currently adopted IRC/IBC Section
14.04.0101, Part I Administration and Section 14.08.040 shall apply.
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 seGtiG^S in the 24175currently adopted IRC/IBC Section
14.04.0101, 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 app"Gable sere+;^^s .,f+H., 2-0 currently adopted IRC/IBC Section
14.04.0101, 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 by20-15rcurrently
adopted IBC (Section 14.04.010) and subject to all requirements held in chapters 17 and 18.
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ATTACHMENT A
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 2015 currently adopted
Internatienal-Bui CG4e(Section 14.04.010).
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