HomeMy WebLinkAbout2021/02/02 - Regular Packet MASON COUNTY
TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:
FROM: Ginger Kenyon Ext. 380
DEPARTMENT: Support Services Action Agenda
DATE: February 2, 2021 No. 4.1
ITEM: Correspondence
4.1.1 A letter was received from The Federal Energy Regulatory Commission
regarding Flow and Ramping Rate Deviations- Articles 407 &411.
4.1.2 Randy Neff sent in an application for the Planning Advisory Commission.
4.1.3 Cheryl Heywood of Timberland Regional Library sent in a response to Former
Trustee Kathleen Varney December 4, 2020 letter.
4.1.4 Terrance and Jamie Austad sent in a letter concerning the COVID 19 shot.
Attachments: Originals on file with the Clerk of the Board.
Cc:CMMRS Neatherlin, Shutty, Trask
. Cler
FEDERAL ENERGY REGULATORY COMMISSION
Washington D.C.20426
OFFICE OF ENERGY PROJECTS
Project No. 460-103—Washington
Cushman Hydroelectric Project
City of Tacoma, Washington
January 6, 2021
VIA FERC Service
Chris Mattson, Generation Manager JAN 13 2021
Tacoma Power A7ason
3628 South 35 h Street Commiss aunty
Tacoma, WA 9840 _ Hers
Subject: Flow and Ramping Rate Deviations—Articles 407 and 411
Dear Mr. Mattson:
This letter is in reference to your low flow and ramping rate deviation report, filed
with the Federal Energy Regulatory Commission (Commission) on December 4, 2020,
for the.Cushman Hydroelectric Project No. 460. Article 407 of the project license,I as
amended,' requires you to maintain a complex flow regime for the protection of aquatic.
resources in the Lower North Fork of the Skokomish River. In pertinent part, Article 407-
allows for flow fluctuations of up to 5 percent of the scheduled flow release as measured
at U.S. Geological Survey (USGS) Gage No. 12058790 to account for monitoring
imprecision and release equipment variability. Article 411 limits ramping rates based on
flow and time of year. At the time of the deviation, the maximum downramping rate for
the project was 2 inches per hour and the scheduled flow was 300 cubic feet per second
(cfs). You are required to report any deviation from these requirements to the Fisheries
and Habitat Committee (FHC) within 48 hours and to the Commission within 10 days.
I Order Issuing Subsequent Major License, Dismissing Complaint as Moot, and
Rejecting Motion to Intervene (84 FERC ¶ 61,107), issued July 30, 1998.
1M
Order on Remand and on Offer of Settlement, Amending License, Authorizing
New Powerhouse, and Lifting Stay (132 FERC ¶ 61,037), issued July 15, 2010.
Project No. 460-103 -2-
You report that a transmission line disturbance caused 2 generating units to trip
• offline at approximately 15:30 hours onNovember 25, 2020. The units were providing
the scheduled flow of 300 cfs, resulting in a sudden decline in outflow. The River Outlet
Valve opened as intended to restore flows; however, in the delay, you.registered a 15-
minute reading of 162 cfs. Gage readings just before and after the sudden decline were
294 and 309 cfs, respectively. The stage reading dropped about 7 inches, constituting a
deviation from the required ramping rate as well. You notified the FHC of the event on
November 27, 2020. No comments were provided. Your filing notes that the event was
similar to prior deviations; however, you implemented changes to the River Outlet Valve
control program following a November 20, 2020 deviation which improved the response.
Based on our review of the available information, the low.flow and ramping rate .
deviations resulted from an unanticipated transmission line disturbance causing 2 units to
trip offline. The River Outlet.Valve responded automatically,-as-intended, minimizing
the duration of the deviations. The recent changes to its control program appear to have
improved your response. Your filing did not describe any environmental effects or any
effort to survey for them; however, Commission staff does not believe that adverse
effects would have been likely due to the extremely short duration of the event. You
reported the deviations to the Commission and FHC in a timely manner. For these
reasons, we will not consider the deviations to be violations of your project license;
however, they will be made a part of the compliance history of the project and be taken
into consideration during our review of any future deviations.
Thank you for your cooperation. If you have any questions concerning this letter
please contact Alicia Burtner at.(202) 502-8038 or alicia.burtner@ferc.gov.
Sincerely,
A,,,,�,,a,
Andrea Claros
Aquatic Resources Branch
Division of Hydropower Administration
and Compliance
Cc:CMMRS Neatherlln, 5nutty, i ra5K
E I z Clerk Jei-i r64 &We-&
°paa:.: MASON COUNTY COIYIMISSIONERS
411 NORTH FIFTH STREET
SHELTON WA 98584
Mason County Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269
Commissioners
1854
I AM SEEKING APPOINTMENT TO l z*' V l�"W /�ffj / ' 2
NAME:
ADDRESS: _. � PHONE: ��
CITY/ZIP: VOTING PRECINCT: WORK PHONE:
(OR AREA IN THE COUNTY YOU LIVE) E-MAIL: �
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COMMUNITY SERVICE EMPLOYMENT:(IF RETIRED. PREVIOUS EXPERIENCE)
(ACTIVITIES OR MEMBERSHIPS) COMPANY: //U�p YRS
POSITION: �tJ6'`
COMPANY: �� L9�-'�7I C�D. hG' YRS
POSITION:
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In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying:
What interests, skills do you wish to offer the Board, Committee, or Council?
Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board:
(i.e. create a potential conflict of interest)
Your participation is dependent upon attending certain trainings made available by the County during regular business hours
(such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you. Would you be
able to attend such trainings? C'
Realistica y how much time can you give to this position?
uarterly Monthly �Weekl Daily
Office Use Only
Appointment Date
Signature Date
Term Expire Date
Cc:CMMRS Neatherlin, Shutty, Trask
Uerk:)
A&S%J,
Administrative Service Center
415 Tumwater Boulevard SW
Tumwater, WA 98501-5799
360.943.5001
TRL.org
January 14, 2021
BOCC, Grays Harbor County BOCC, Lewis County BOCC, Mason County
100 West Broadway, Suite#1 351 NW North Street 411 North 5th Street
Montesano, WA 98563 Chehalis, WA 98532 . Shelton, WA 98584
BOCC,Thurston County BOCC, Pacific County
2000 Lake Ridge Drive SW, #269 P.O. Box 187
Olympia, WA 98502 South Bend, WA 98586 via Email
E C EIVED
Subject: Response to Former Trustee Kathleen Varney December 4, 2020 Letter N 14 20L g
Jr
Dear Commissioners: Mason County
Commissioners
This letter is intended to provide additional information and context in response to a letter you
received from Kathleen Varney, Timberland Regional Library (TRL) former Trustee.
Ms. Varney's resignation letter refers to wage increases given to some TRL administrative staff in
2020.All of the increases referenced by Ms. Varney is the result of a Classification and Compensation
Study approved by the TRL Board of Trustees (BOT) in December 2019, prior to Ms. Varney's
appointment. Further background and context are set forth below.
In March 2018, the TRL BOT approved a motion to hire an independent consultant, Segal Waters, to
conduct an entire organizational Classification and Compensation Study. The study was conducted
during 2019, with regular updates to the TRL BOT in the second half of the year. The TRL BOT
ultimately approved implementing the study, including budget parameters. Specific pay grades for
TRL positions were reviewed at the TRL BOT regular meeting on September 25, 2019 and
implemented on January 1, 2020. The timeline for the Classification and Compensation Study 2018-
2019 is available at trl.org.
At the beginning of 2019, the Administrative Team consisted of eight positions reporting to the
Library Director. In 2019, four members of this team left TRL and the decision was made to reassign
duties and responsibilities to the remaining Administrative staff which saved $500,000 in annual
salary/benefit costs moving forward. In 2020, based on the Classification and Compensation Study,
these four remaining positions were reclassified to Director Positions including a new position of
Deputy Director. The BOT unanimously approved $1,189,000 for all staff salaries and benefits at
their December 18, 2019 Board meeting. Of this amount, $37,000 was allocated to the new
Administrative Director Positions.
On December 1, 2019 there was a one-time adjustment of$4.9 million dollars to the Building Fund.
In her letter, Ms. Varney states there was no plan for these monies. The Facility Committee, of which
Ms. Varney served for the greater part of 2020, had been discussing for the last year the best use of
these funds. Further:
• At the August 26, 2020 Board meeting, with Ms. Varney participating,the BOT approved the
Mobile Services Program in the amount of$500,000 and an Express Service Library in the
amount of$100,000. Lastly, Ms. Varney herself made a motion to approve the Lucky Day
Libraries (two demonstration libraries, one in West Olympia, one in Hawks Prairie for one to
two years), in the amount of$1,000,010.
• At the October 28, 2020 Board meeting, with Ms. Varney participating, the BOT unanimously
approved moving forward with a RFP for Automated Materials Handling.
• Ms. Varney attended several Facilities Committee meetings, September.18, October 16,
November 16 and December 1, 2020 where there were discussions regarding a new Access
Control Project for 27 buildings. At the December 16, 2020 BOT meeting,the Board
unanimously voted to approve costs of$744,460.11 for 13 libraries and the Service Center.
This is the first stage of this project; to install the remaining libraries will cost approximately
$600,000.
• The BOT also approved a list of library repairs in 2020. At their August 26, 2020 Board
meeting, it was approved to move forward with the high priority projects on the building
priorities list in the amount of$339,000 which Trustee Varney approved.
In her letter, Ms. Varney specifically targeted equity for the Thurston County taxpayer. TRL was
created in 1968 by a vote of the people in the unincorporated counties of Thurston, Lewis, Mason,
Pacific and Grays Harbor. As defined in RCW 27.12, TRL is an intercounty rural library district.TRL is
also a junior taxing district in which property tax revenues and timber revenues from the five
counties are allocated to one general fund, as well as special purpose funds (for the district) such as
the Technology Fund, the Building Fund, the Unemployment Fund and the Gift Fund.The BOT has the
authority to decide how each of these funds will be managed for the district. Historically and into the
present,Thurston County revenue has supported the other four counties, due to the size of its
population and growth, which is the true definition of equity.
With reference to Ms.Varney's statement that TRL "will have a $1IVI surplus again this year. This
points to the possibility of over budgeting," I would like to provide additional context. During the
pandemic TRL looked for ways to be as fiscally responsible as we were not sure how our revenues
would be impacted by the pandemic. Examples of how TRL saved money include the continuation of
a soft hiring freeze implemented in January 2019; Facilities staff taking on painting the
interior/exterior of libraries; Courier staff assisting Facilities staff with projects including landscaping;
Public Services staff completing a major project that was originally going to be outsourced for
$290,000, saving TRL this amount of funds; and a Retirement Incentive Program wherein 10 staff
retired, representing 7.325 FTE. All of these examples explain how TRL has been able to be fiscally
responsible with its dollars.
With reference to Ms. Varney's statement, "Administration asked that we repair some city owned
structures. For me,the contention was that taxpayers would be investing in the real estate of a city
owned library. In other words, we would be improving a building not owned by TRL. This should not
be paid for by the tax-payers." At the June 17, 2020 BOT meeting,Trustee Corby Varness shared that
TRL does have a substantial past precedent of helping city owned buildings, and she provided
examples. Ms. Varness made the motion to approve an expenditure of up to $125,000 ($100,000 for
Raymond library and $25,000 for Winlock library) to improve the interiors of these libraries; the
motion was approved 3/5, with Ms. Varney voting no. Ms. Varney also suggested TRL review city
agreements and have them clearly outline the responsibility of the city and TRL moving forward.The
BOT did approve a revision to the Building Fund Policy on October 28, 2020: "supplemental
assistance with maintenance and/or health and safety issues when necessary and with an
appropriate request from the city, not to exceed $10,000."
Lastly, the BOT unanimously adopted the Leaves Policy at their January 22, 2020 Board meeting. In
late 2020, and into this year, the BOT continues to have discussions about this policy. TRL's Leaves
Policy is comparable to organizations of comparable size and make-up.
Thank you for taking the time to consider this response. Should you have further questions, please
feel free to contact me.
Respectfully,
Cheryl Heywood
Executive Director
c: Timberland Regional Library Board of Trustees
Timberland Regional Library Employees
Washington State Auditor
Cc:CMMRS Neatherlin, Shutty, Trask
January 23, 2021
Randy Neatherlin
Mason County Commissioner#1
Mason County Board of County Commissioners
Dear Commissioner,
Todays is my daughters 37 birthday it has been one year since I have hugged her or
embraced her 7-year-old daughter my granddaughter or for that matter been able to see
my 92-year-old mother save through a pane of glass like a convicted felon.
This is of course du-e-to the-COVID�1,9_P_lague-as-we-are-adhering-to-the-striet-isolation-- -- --
criteria that it demands. My wife and I pray daily for an end to this and on Thursday last,
our governor Inslee opened up the vaccination criteria to everyone over the age of 65.
We rushed to the website and secured our permission, went to the website for our
county COVID vaccine scheduling and enrolled at the only site in Mason county geared
to give the shot at present. We gave our email address and were told to wait to receive
confirmation of day and time for the shot that would return us to some level of former
normalcy.
We waited and have been patient. Until today. I called Mason County General Hospital
to see where we were in the queue and was informed that it.being the weekend and all
of their staff were off and not scheduling new applicants or giving new vaccinations.
That I should call back on Monday.
Our president as declared war against this unseen menace and has directed the
country to inoculate 100 million people in 100 days.
And You Are Not Open on The Weekends!!
Does that seem right to you...
"That is not a way to run a railroad"my dad was fond of saying. I agree with him so very
much... Please look into this and respond to my email. Please be advised that I am
kicking this up the chain of command and if that upsets you than please accept my
apologies in advance because I do not want to spend another birthday away from family
- — again. -- -- _ --
Respectfully your constituent
Terrance and Jamie Austad
cc Derick Kilmer Washington State House Representative District 6
RIP. _ 1 l9
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Mason County
Co,nrni issioners
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins, PE, PLS, County Engineer Correspondence
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: February 2, 2021 Agenda Item ; A,,2-
BRIEFING DATE: January 25, 2020 -
BRIEFING PRESENTED BY: Mike Collins
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: - FYI - Consultant Selection for On-Call Structural, Geotechnical
and Hydraulic services for calendar year 2021 and 2022
BACKGROUND:
On September 22, 2020, the Board of Commissioners authorized Public Works to
to procure and execute agreements for on-call Structural, Geotechnical and Hydraulic
as needed for 2021-2022 calendar years from the County MRSC Consultant Roster.
Public Works held consultant interviews in December and have selected the following
consultant for these services that will be used at various locations across the'county
for road projects and other Public Works activities; including emergencies:
Structural Sargent Engineers out of Olympia*, WA
Geotechnical Landau Associated out of Olympia, WA
Hydraulic Skillin s Engineering out of Lacey, WA
RECOMMENDED ACTION:
No action,just informational correspondence.
BOARD OF MASON COUNTY COMMISSIONERS'PROCEEDINGS
Mason County Commission Chambers,411 North Sth Street, Shelton,WA
December 8, 2020
1. Call to Order—The Chairperson called the regular meeting to order at 9:04 a.m.
2. Pledge of Allegiance— Frank Pinter led the flag salute.
3. Roll Call— Present: Commissioner District 1 — Randy Neatherlin; Commissioner District 2— Kevin
Shutty; Commissioner District 3—Sharon Trask.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 Received the 2021 Levy Certification from the Port of Dewatto, Port of Hoodsport,
and Mason County Fire Districts 3, 5, 6, 11, 17, and 18.
4.1.2 A letter was received from George Funk regarding automatic.rate increase for NBCI
sewer system based on CPI.
4.1.3 Washington State Liquor and Cannabis Board sent in Marijuana and Liquor licenses
due to expire.
4.1.4 Received a letter from Mason Conservation District regarding Mason County
Voluntary Stewardship Program.
4.1.5 Janeen McLaughlin sent in an application for the Lewis Mason Thurston Area Agency
Aging Advisory Council (LMTAAA).
4.1.6 Leslie and Landra Skelly sent in a letter asking Mason County Commissioners to
submit a Protest Complaint of voter fraud.
4.2 Cmmr. Shutty presented a Timberland Regional Library Board of Trustees News Release.
4.3 Richard Dickinson presented a 2021 Solid Waste Rate Increase News Release.
4.4 Richard Dickinson presented a 2021 Water and Sewer System Rate Increase for North Bay,
Rustlewood, and Beards Cove News Release.
5. Open Forum for Citizen Input—
5.1 Ken VanBuskirk asked for clarification regarding a potential pump station in the vicinity of Irene
Creek and if it coincides with the North Mason Regional Fire Authority project or leasing of the
existing building. He suggested to forego further discussion until permits and planning are
completed.
6. Adoption of Agenda —
Cmmr. Shutty/Neatherlin moved and seconded to adopt the agenda as published. Motion
carried unanimously. N-aye; S-aye; T-aye.
7. Approval of Minutes—
Cmmr. Neatherlin/Shutty moved and seconded to approve the November 23, 2020 Briefing
Minutes and November 17, 2020 and November 24, 2020 Regular Meeting Minutes as
presented. Motion carried unanimously. N-aye; S-aye;T-aye.
8. Approval of Action Agenda:
8.1 Approval of the 2021 rate increase consistent with Resolution # 65-18 and Fees and Charges
Policy for Parks. The rates are adjusted by the CPI for all cities from June to June (2021 is a
1.7% increase).
8.2 Approval to set a Public Hearing for Tuesday, January 5, 2021 at 9:15 a.m. to consider approving
the franchise agreement between Mason County and Sunrise Beach Water System to construct,
operate, and maintain their water system along the North Shore Road.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
December 8, 2020 - PAGE 2
8.3 Approval of the one-year contract extension with Coastal Custodial for Mason County janitorial
services.
8.4 Approval to extend the lease agreement with North Mason Resources providing office space to
Veteran Service Officers for 2021 at$350 per month payable from the Veterans Assistance Fund
(# 190).
8.5 Approval of the Mason County Telework Authorized Essential Employees for Support Services for
the COVID-19 emergency.
8.6 Approval to award $90,000 from the Rural County Sales &Use Tax Fund (# .09)to the Mason
County Economic Development Council in 2021 for business retention, expansion, recruitment
project and economic development planning, as allowed in RCW 82.14.370 and enter into a
contract.
8.7 Approval to sign the Department of Commerce Covid19 Outbreak Emergency Housing Grant
Contract # 316-46108-20 Amendment B to extend the contract from December 31, 2020 to June
30, 2021.
8.8 Approval for the Department of Emergency Management Manager to sign the FY20 Emergency
Management Performance Grant contract # E21-121 to receive $35,641 for program
enhancements and continuation of special programs that assist with planning, educating, and
exercising citizens and staff in emergency preparedness.
8.9 Approval for the Chair to sign the Out of Class/Lead/Special Pay Authorization Request forms for
the following individuals: Todd Cannon, Kevin Guijosa, Josh Luck, Genie McFarland, Dawn
Mesojednik, Grace Miller, and Anna Smith.
8.10 Approval for the Chair to sign the Vehicle Take-Home Assignment Authorization Request forms
for the following individuals: Michael Leeberg, Allan Eaton, Rod LaRue, Grant Dishon, Cynthia
Brewer, Kelly Frazier, and Bryan Chrisman.
8.11 Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant # 8075934-8076203 $ 1,839,986.26
Direct Deposit Fund Warrant # 73072-73470 $ 760,460.31
Salary Clearing Fund Warrant # 7005567-7005592 $ 520,539.18
Treasure Electronic Remittances $
8.12 Approval to appoint Ed Huber and Wayne Nicholson to fill two new terms on the Mason County
Historic Preservation Commission expiring on November 30, 2023 and appoint Jann Goodpastor
to one vacant term ending November 30, 2021.
8.13 Approval to authorize Public Works to purchase five Law Enforcement Radar units, STARnext
software and laptop as a sole source purchase in the amount of$15,870. (Exhibit A
Resolution # 2020-112)
8.14 Approval to consider the Hearings Examiner recommendation to approve Road Vacation No. 401
vacating several streets in Lakewood Plats A, C, D, and F.
8.15 Approval of the resolution to set a hearing date with the Hearings Examiner for Wednesday,
January 13, 2021 at 1:00 p.m. to consider public comment on the petition for vacation of a public
easement in the Plat of Skookum Point Tracts along the south boundary of Assessor's parcel #
32024-51-00027, Recorded in Volume 4 of Plats at Pages 54 and 55, records of Mason County,
Washington. (Exhibit B Resolution # 2020-114)
8.16 Approval to appoint Jeff Bickford to the Solid Waste Advisory Committee for a three-year term
that expires December 8, 2023.
8.17 Approval of Contract Amendment No. 3 for a six-month time extension changing the contract
expiration date to June 30, 2021 with Kennedy/Jenks Consultants, Inc. for completing the
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
December 8, 2020 - PAGE 3
detailed design, bid document prep, as well as project and environmental coordination and
permitting work required for the Belfair Sewer Extension Phase 2 Project.
8.18 Approval of Contract Amendment No. 2 with Correct Equipment for service of Grinder Pumps at
North Bay and Belfair to extend the contract two years changing the contract expiration date to
December 31, 2022.
8.19 Approval to authorize Public Works to use the OMNIA Partners competitively awarded contract
with Schneider Electric (Contract # R170602) to provide programming and control modifications
to the existing Public Works HVAC KMC system and allow the Public Works director to sign the
contract agreement between Schneider Electric and the County.
8.20 Approval to authorize the Director of Support Services to approve and pay the Building 10 Phase
2 Architectural invoices as follows: Civil Engineering for$30,690; Landscape Design for$3,432;
Structural Engineering for $3,850; and Architectural Drawings for $25,000.
8.21 Approval for a contract with the Department of Commerce to accept the Community
Development Block Grant CV1 and sign the contract with the Community Action Council to
distribute funds in a manner defined under the grant contract.
8.22 Approval to renew the Trails On-Site Park Host Contractual Agreements for an additional two
years with the existing park hosts for MCRA Park, Oakland Bay Park,Truman Glick Park, Walker
Park, Foothills Park, and Mason Lake Park and renew the Trails On-Site Park Host Contractual
Agreements for an additional one year with the existing park host for Sandhill Park.
8.23 Approval to extend the expiration date and billing for Food Establishment Permit Fees to February
28, 2021.
Ken VanBuskirk requested clarification on item 8.17. Loretta Swanson responded this is a simple contract
extension with no change in fees to wrap up design work for the extension on the Puget Sound Industrial
Center and to ensure payment will be made since it was due to expire at year end.
Cmmr. Neatherlin/Shutty moved and seconded to approve action items 8.1 through 8.23.
Motion carried unanimously. N-aye; S-aye;T-aye.
Cmmr. Neatherlin shared extra thanks for volunteers for both commissions and park hosts.
9. Other Business (Department Heads and Elected Officials)
Loretta addressed Ken's earlier comment about a potential pump station near Irene Creek. The
consultant was not intending to have new lift station on Old Belfair Highway, rather the focus was on
redevelopment of Log Yard Road to the west of State Route 3.
10. 9:15 a.m. Public Hearings and Items set for a certain time—
10.1 Public Hearing to consider approval of budget supplemental appropriations and amendments to
the 2020 budget. Staff: Jennifer Beierle
Jennifer shared total adjustments to authorized expenditure appropriations in the General Fund
requested are $4,292,055 and total adjustments to authorized expenditure appropriations in
funds other than the General Fund requested are $14,337,538.
Cmmr. Shutty/Neatherlin moved and seconded to approve budget supplemental
appropriations and amendments to the 2020 budget as follows: total adjustments to
authorized expenditure appropriations in the General Fund in the amount of$4,292,055 and
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
December 8, 2020 - PAGE 4
total adjustments to authorized expenditure appropriations in funds other than the General
Fund in the amount of$14,337,538. Motion carried unanimously. N-aye; S-aye;T-aye.
10.2 Public Hearing to certify to the County Assessor the amount of taxes levied for County purposes
and the amount of taxes levied for collection in 2021. Staff: Jennifer Beierle (Exhibit C
Resolution # 2020-113)
Jennifer shared this a continuation of the November 24, 2020 Public Hearing to certify to the
County Assessor the amount of taxes levied for County purposes and the amount of taxes levied
for collection in 2021. There are two options: 1) move to adopt the resolution certifying to the
County Assessor the property tax levies for collection in 2021 or 2) move to continue the hearing
to the December 15, 2020 Commission meeting at 9:15 a.m. Jennifer recommends adopting the
first option.
Cmmr. Neatherlin/Shutty moved and seconded to adopt the resolution certifying to the
County Assessor the property tax levies for collection in 2021. Motion carried unanimously.
N-aye; S-aye;T-aye.
10.3 Public Hearing to consider approval of the Chehalis Basin Partnership Addendum in Response to
the 2018 Streamflow Restoration Act. Staff: Dave Windom (Exhibit D Resolution # 2020-
110)
Dave Windom shared his staff report highlighting the history, analysis, and recommendation for
Water Resource Inventory Areas (WRIA) 22 and 23. The two drainages being talked about are
Satsop and Cloquallum at the far western southwest edge of the County which drain into Grays
Harbor County. Most population growth will be seen in the Grays Harbor portion. The map
shows this broken down by drainages, not by counties. This plan has no policy recommendations
that would change anything as far as operations or permits. Anything currently in place will
remain in place. Cmmr.Trask asked if Dave felt this was a good plan, Dave feels it is.
Cmmr. Neatherlin/Shutty moved and seconded to approve the Chehalis Basin Partnership
Addendum in Response to the 2018 Streamflow Restoration Act. Motion carried
unanimously. N-aye; S-aye;T-aye.
The Commissioners shared their thanks for Dave and his staff for their diligent work.
11. Board's Reports and Calendar-The Commissioners reported on meetings attended the past week
and announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 9:56 a.m.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
December 8, 2020 - PAGE 5
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board Sharon Trask, Chair
Kevin Shutty, Commissioner .
Randy Neatherlin, Commissioner
Board of Mason County Commissioners
Proceedings
Commission Chambers
Ilk,
411 N 51'' St, Shelton, WA 98584
January 19, 2021
1. Call to Order—The Chairperson called the regular meeting to order at 9:01 a.m.
2. Pledge of Allegiance—Cmmr. Trask led the flag salute.
3. Roll Call— Present: Present: Commissioner District 1 — Randy Neatherlin; Commissioner
District 2— Kevin Shutty; Commissioner District 3 — Sharon Trask.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 Washington State Liquor and Cannabis Board sent in the following: Change of Location
for Royal Cannabis Production &Processing, Change of Corporate Officers Application
for Green State Indoor Inc., Liquor License for the Selah Inn has been discontinued,
Marijuana License for Good Job Farms, LLC., and Liquor and Marijuana Licenses due to
expire.
4.1.2 Federal Energy Regulatory Committee sent in a letter regarding Twelfth Independent
Consultant's Safety Inspection Report for the Cushman Hydroelectric Project.
5. Open Forum for Citizen Input
Ken VanBuskirk met with Kell Rowen, the EIS, and the subarea planning consultants about
hydrology concerns and observations on Old Belfair Highway and in the vicinity of the Fire
Station which he would like to share with the Commissioners. He also feels the Fire
Department did not document several concerns in their SEPA application for the pending
campus concept and that it is in an area that shouldn't be in the UGA. Lastly, regarding the
Fire Authority's 50-year facility, Ken asks the County to do a feasibility study of their own and
vet any development of that size through the public.
6. Adoption of Agenda
Cmmr.Trask/Shutty moved and seconded to adopt the agenda as published. Motion
carried unanimously. N-aye; S-aye; T-aye.
7. Approval of Minutes
Cmmr. Shutty/Trask moved and seconded to adopt the January 4, 2021 Briefing
Minutes and January 5, 2021 Regular Minutes as presented. Motion carried
unanimously. N-aye; S-aye;T-aye.
8. Approval of Action Agenda
8.1 Approval to appoint Cynthia Brehmeyer to the Mason Transit Authority Board to fill a vacated
elected official term that ends December 2023.
8.2 Approval to amend Resolution # 27-07 Deletion of Budgetary Accounting Fund 116-000000-
000-000, Historical Preservation Fund. (Exhibit A Resolution # 2021-002)
8.3 Approval to amend Resolution # 01-96 to reflect updated policy and procedures based on the
Federal Motor Carrier Safety Administration (FMCSA) and the United States Department of
Transportation (DOT)to ensure all Mason County drivers operate commercial vehicles drug
and alcohol free. (Exhibit B Resolution # 2021-003)
8.4 Approval of the 2021 Memorandum of Agreement Appendix A which provides funding for the
Washington State University (WSU) Extension to provide programs in Mason County based
upon the 2021 budget.
8.5 Approval to amend Resolution # 2020-109 for Proceeds of Sale of Surplus Property, equally
splitting 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. (Exhibit C
Resolution # 2021-004)
8.6 Approval of Warrants&Treasure Electronic Remittances
Claims Clearing Fund Warrant # 8076782-8077109 $ 4,761,472.38
Direct Deposit Fund Warrant # 74261-74640 $ 748,715.59
Salary Clearing Fund Warrant # 7005657-7005693 $ 1,041,208.68
Treasurer Electronic Remittances $ 6,543,844.37
8.7 Approval to accept the CARES Act funding reimbursement grant from the State Office of Public
Defense for supplies.
8.8 Approval for the Chair to review and sign the 2021 contract with Taschner Law Office to
procure services from Taschner Law to serve as a contracted Public Defense attorney for
Mason County District Court.
8.9 Approval to hire one temporary full-time employee in Public Health to assist with the COVID-19
vaccine roll out.
8.10 Approval of the resolution to cancel uncollectable personal property taxes as listed and
attested to by the Treasurer. (Exhibit D Resolution # 2021-005)
8.11 Approval to acknowledge receipt of the Treasurer's Annual Refund Report.
8.12 Approval for the Commissioners to sign the updated Interlocal Agreements with the seven
Mason County School districts—Shelton, North Mason, Grapeview, South Side, Pioneer, Mary
M. Knight, and Hood Canal —concerning the use of facilities during public health disasters and
emergencies.
8.13 Approval to sign the resolution authorizing the County to purchase 45 grinder pumps and
conversion kits as a sole-source purchase for$92,500 from Correct Equipment. (Exhibit E
Resolution # 2021-006)
8.14 Approval for the Board of County Commissioners to sign the letter to the Governor regarding
adjusting the guidelines for school district funding formulas that were implemented prior to
COVID-19.
Cmmr. Shutty/Trask moved and seconded to approve action Items 8.1 through 8.14
with the removal of Item 8.9 for separate vote. Motion carried unanimously. N-aye;
S-aye;T-aye.
Item 8.9
Cmmr. Neatherlin asked if, due to the vaccine rollout and higher need, should two full-time
employee positions be considered. Cmmr.Trask prefers one full-time employee until an
additional position is requested. Cmmr. Shutty, initially supportive of hiring two full-time
employees, shared that there is no clear plan on how to implement this and what it would
provide in terms of relief but encourages Public Health staff to put together a plan for logistics.
Cmmr. Shutty/Trask moved and seconded to approve Item 8.9 approval to hire one
temporary full-time employee in Public Health to assist with the COVID-19 vaccine
roll out. Motion carried unanimously. N-aye; S-aye;T-aye.
9. Other Business (Department Heads and Elected Officials)
No other business.
10. 9:15 a.m. Public Hearings and Items Set for a Certain Time
Please see above options to provide public testimony. These options are available only while COVYD-19 OPMA
meeting restrictions are in place.
10.1 Public Hearing continued from January 5, 2021 to approve the proposed amendments to Title
14 consistent with the 2018 building codes as directed by the Washington State Building Code
Council and by RCW 19.27 to become effective immediately on a voluntary basis and
mandatorily effective on July 1, 2021. Staff: Kell Rowen &Josh Luck(Exhibit F Ordinance
# 2021-007)
Kell Rowen shared, as an emergency rule, legislature delayed the mandatory building
codes becoming effective to July 1, 2021. However, the County will allow those who
submit plans to do so under the new building codes. Cmmr. Shutty asked if applicants are
allowed to apply voluntarily using the 2018 codes can they also apply using the 2015
codes until July? Kell answered yes.
Cmmr. Shutty/Trask moved and seconded to approve the proposed amendments to
Title 14 consistent with the 2018 building codes as directed by the Washington State
Building Code Council and by RCW 19.27 to become effective immediately on a
voluntary basis and mandatorily effective on July 1, 2021. Motion carried
unanimously. Waye; S-aye;T-aye.
11. Board's Calendar and Reports—The Commissioners reported on meetings attended the past
week and announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 9:32 a.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair
Kevin Shutty, Commissioner
Sharon Trask, Commissioner
BOARD OF MASON COUNTY COMMISSIONERS' BRIEFING MINUTES
Mason County Commission Chambers,411 North 5th Street,Shelton,WA
Week of January 11,2021
9:00 A.M. WSU Extension—Dan Teuteberg
Commissioners Neatherlin,Shutty and Trask attended via Zoom.
• 2021 Washington State University Extension memorandum of agreement Appendix A
providing funding to Mason County that the Extension Office provides in Mason County
was approved to place on agenda.
9:10 A.M. Public Defense—Peter Jones
Commissioners Neatherlin, Shutty and Trask attended via Zoom.
• 2021 contract with Taschner Law Office approved to place on the agenda.
0 CARES funding of$1,159.38 from the OPD approved for the agenda.
9:15 A.M. Support Services—Frank Pinter
Commissioners Neatherlin,Shutty and Trask attended via Zoom.
• 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.
i Frank provided an update on the Housing Authority. An informational meeting was held
last week and another meeting is scheduled this Thursday and Frank will bring forward
any information.
• Follow up on request to sign easement modification agreement,parcel 42012 56 00007&
42012 56 00012(tax title parcel). The recommendation is to place the parcel on the on-
line auction with the minimum bid amount as proposed on the list due to easements and
BPA transmission lines.
• Dawn presented information on COVID Emergency Sick Leave that has expired by the
federal government. Employees have the ability to use their accrued leave benefit. The
Board agreed to let the COVID leave expire.
• Jeri reviewed the December Financials. The County collected 101%of projected revenue
and the Current Expense cash balance at 12/31/20 is$16M;sales tax collection was
$6.8M.
• Cmmr. Shutty asked for an update on fleet replacement and the status of Building 10.
Frank responded that the Sheriff s Office will receive 6 or 7 new vehicles;most of the
other departments received new vehicles in 2020.
Building 10 is about 90%complete;applying for a certificate of occupancy from the City
of Shelton with the requirements that the County complete the parking and outside work
within a year. The County will have access to the building in mid-February. The project
is on track with the budget. There is a delay in receiving the fencing materials for the
sally port area.
9:45 A.M. Public Works—Loretta Swanson
Utilities&Waste Management
Commissioners Neatherlin,Shutty and Trask attended via Zoom.
• Hearings Examiner recommendation for Road Vacation 404,470 NE Roy Boad Road in
Belfair is to approve with conditions;Cmmr.Neatherlin believes approving this road
vacation will have a negative impact to traffic in Belfair and could impact how Belfair
could grow.The Board delayed moving this item forward at this time. Staff will bring
back to the January 25 briefing with potential action on February 2.
• Road Vacation 406,north half of Fir Street in Union,Hearings Examiner
recommendation is to approve with conditions. Cmmr.Neatherlin asked staff to review
how the County acknowledges this vacation is vacated by order of law.
Board of Mason County Commissioners'Briefing Meeting Minutes
January 11,2021
• Robert Choate retirement is in June and Utilities is approved to post and fill right away.
Solid Waste Attendant vacancy will be posted;request to create a Solid Waste extra help
pool was approved.
• RFP results for Solid Waste Drop Box Hauling/Recycle Materials Collection and
Marketing. Received one proposal and staff would like additional time.
• One bid received for the Transfer Station outbound scale at$124K. Cmmr.Neatherlin
asked staff to review the bid process to increase responses.
• Cmmr. Shutty asked staff to put together a capital budget request for the transfer stations.
10:00 A.M. Community Services—Dave Windom
Commissioners Neatherlin,Shutty and Trask attended via Zoom.
• Public hearing for Title 14 has been continued to January 19 and staff is recommending
adding additional language regarding fire apparatus road gates. Cmmr. Shutty reported
that State Building Code Council extended the adoption of 2018 Building Code to July 1,
2021 under an emergency ruling.
• Request to set a public hearing to rezone two parcels from RR5 to Rural Natural
Resource to allow the expansion of the Johns Creek Sand&Gravel mine in Bayshore.
There has been some opposition to this request although the Planning Advisory
Commission(PAC)recommended approval. The Commissioners agreed to proceed with
setting the hearing but want additional information including testimony provided to PAC.
• Request to hire temporary staff to assist in the COVID vaccine program roll out. Cmmr.
Trask asked that existing temporary staff(Kristopher and Will)at the DEM be utilized
and is supportive of one additional temporary staff. Cmmr. Shutty is supportive of
having staff directly involved with the vaccine roll out and is supportive of this temporary
staff. He asked for additional information on what Kristopher Nelsen is currently doing.
Cmmr.Neatherlin is supportive of the temporary staff. It was agreed to hire one
temporary staff at this time and when the workload increases,Dave will bring back the
request for the 21 temporary staff.
• Environmental Health Specialist for water quality position is vacated and permission was
granted to fill this temporary position.
• Dave stated they are working on the Board of Health agenda for the January 26 meeting.
Cmmr. Shutty suggested adding a position to represent the medical society. Dave will
bring forward language for the Board of Health to consider.
10:30 A.M. Closed Session—RCW 42.30-140(4)Labor Negotiation
Commissioners Neatherlin, Shutty and Trask met in Closed Session with Frank Pinter for
a labor discussion from 10:52 a.m.to 11:55 a.m.
Respectfully submitted,
Diane Zoren,Administrative Services Manager
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin Sharon Trask Kevin Shutty
Chair Commissioner Commissioner
BOARD OF MASON COUNTY COMMISSIONERS'BRIEFING MINUTES
Mason County Commission Chambers,411 North 5th Street,Shelton,WA
Week of January 25,2021
9:00 A.M. Support Services—Frank Pinter
Commissioners Neatherlin, Shutty and Trask were in attendance via Zoom.
o Ross reported the County phone system is currently overwhelmed with phone calls from people
calling in for a COVID vaccine and there was discussion of what is needed in the event of an
emergency. Cmmr.Neatherlin pointed out it is important for County employees to be able to
communicate to each other.
o Frank provided information on the$64,940.84 payback of 2020 Traffic Diversion from Current
Expense to County Roads for the 2020 unspent Diversion.
o Ross provided a Park&Trails project update that included RCO projects at Hood Canal School,a
multipurpose field improvement and irrigation project at MCRA. Baseball and softball scheduling
for 2021 was reviewed,Parks is taking reservations for practices only,no games,tournaments or
large gatherings;discussion of vandalism at Sunset Bluff Parks and Jacoby Park;Cmmr. Shutty
wants to move forward the conversation of prioritizing funding by Commissioner District. Ross
will put together a project list and bring it back for Commissioner review.
o Todd Cannon provided a cyber security update. One area that needs improvement is end user
training.
o Diane confirmed the Commisioners are good with scheduling briefings every Monday starting in
March.
o Dawn reported a COVID 19 vaccination clinic will be scheduled for qualified Phase 1 Tier lb
County employees.
9:45 A.M. Clerk—Sharon Fogo
Commissioners Neatherlin, Shutty and Trask were in attendance via Zoom.
o Clerk Fogo requested permission to hire two people as a succession plan for two long-time
employees who will be retiring this spring. She will not need a budget amendment.The
Commissioners approved the request.
10:00 A.M. Community Services—Dave Windom
Commissioners Neatherlin,Shutty and Trask were in attendance via Zoom.
o Interlocal agreement with Public Hospital District No. 1 for vaccine clinic services was approved
to move forward and a special meeting will be scheduled on January 26 at 2:30 p.m.
o The January 30 vaccine clinic registration is closed,600 appointments were made.
o Alex Paysee provided information on the Water Quality Program. Mason County's water quality
work is entirely funded by state and federal grants and to have a reliable funding source,there has
been discussion of applying a fee per parcel. Staff is recommending re-establishment of all Mason
County Shellfish Protection Districts into a single district model and applying a$5 fee per parcel
per year. The proposed boundaries are based on watersheds and there are certain parcels that will
be excluded. The northern end of Hood Canal(Hoodsport and north)are currently not in a
Shellfish Protection District and the Commissioners agreed this area should be included,if a single
district is created. Alex stated the proposed single district includes about 40K parcels and about
12K parcels are undeveloped—should the undeveloped parcels be left out of the proposed district
model. Cmmr.Neatherlin does not believe the undeveloped parcels should be exempt;he believes
there should be a sunset on the proposal and the ability to asses a fee if there is a catastrophe.
Cmmr. Shutty is supportive of including the undeveloped parcels and to have a sunset clause with
the ability to continue by vote of the Commissioners;it was agreed to consider a 4 to 5-year term;
there has been discussion of splitting the County into two districts—the Commissioners agreed
that one single district would be the most efficient. Cmmr. Shutty asked if this single district
would add any development restrictions,Alex responded there is nothing included in the proposal
and Cmmr. Shutty wants it to be clear there are no added restrictions. Tribal parcels are not
exempt in the current proposal.Alex will bring forward additional information. Cmmr.Shutty
asked that staffing information be included.
Board of Mason County Commissioners'Briefing Meeting Minutes
January 25,2021
o Cmmr. Shutty brought up a request from WRIA 14 to include the rooftop project. There was
discussion on the various options. Staff would like both WRIA's(14 and 15)plans to be the
same.
10:15 A.M. Public Works—Loretta Swanson
Utilities&Waste Management
Commissioners Neatherlin, Shutty and Trask were in attendance via Zoom.
o Announcement of consultant selection for on-call structural,geotechnical and hydraulic services
for 2021 and 2022.
o 2021 Road Levy Certification will be placed on the February 2 agenda.
o Request to purchase two automated flaggers for a total of$26,695 was approved for the February
2 agenda. Public Works will still need to hire seasonal help.
o Request to purchase a Midland Road Widener from Cooper Equipment Company for$227,733.50
plus sales tax was approved to place on February 2 agenda.
o Requested authorization for Public Works/U&W Management Division to transfer their Vactor
Truck to Roads Division in exchange for a 2004 John Deere Backhoe,a 2009 Ford Escape and
$69,891.03 was approved to move forward.
o Road Vacation 408,Channel Point Road,has a recommendation of approval from the Hearings
Examiner. It was noted that the GIS map and Assessor parcel information has to be updated
whenever a road vacation is approved. The request will be-placed on the agenda.
o Staff confirmed even if a road vacation is by order of law,Commissioner action is needed.
11:15 A.M. Closed Session—RCW 42.30.140(4)labor negotiation
Commissioners Neatherlin, Shutty and Trask met in closed session for a labor discussion with
Frank Pinter from 11:15 a.m.to noon.
The meeting adjourned at noon.
Respectfully submitted,
Diane Zoren,Administrative Services Manager
BOARD OF MASON COUNTY COMMISSIONERS
Randy Neatherlin Sharon Trask Kevin Shutty
Chair Commissioner Commissioner
Board of Mason County Commissioners
Special Meeting Agenda
Commission Chambers
411 N 5th St, Shelton,WA 98584
January 26, 2021
�. 2:30 p.m.
1. Call to Order—The Chairperson called the special meeting to order at 2:30 p.m.
2. Roll Call— Present: Present: Commissioner District 1 — Randy Neatherlin; Commissioner
District 2— Kevin Shutty; Commissioner District 3—Sharon Trask.
3. Actions to Consider
a. Interlocal Agreement with Public Hospital District No. 1 for Vaccine Clinic Services
Cmmr. Shutty/Trask moved and seconded to approve Interlocal Agreement with
Public Hospital District No. 1 for Vaccine Clinic Services. Motion carried unanimously.
N-aye; S-aye;T-aye.
4. Adjournment—The meeting adjourned at 2:32 p.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
McKenzie Smith, Clerk of the Board Randy Neatherlin, Chair
Kevin Shutty, Commissioner
Sharon Trask, Commissioner
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Ginger Kenyon Action Agenda _X
Public Hearing
Other
DEPARTMENT: Support Services EXT: 380
DATE: February 2, 2021 Agenda Item # 8.1
(Commissioner staff to complete)
BRIEFING DATE:
BRIEFING PRESENTED BY:
[X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM:
Approval of Warrants &Treasure Electronic Remittances
Claims Clearing Fund Warrant # 8077110-8077398 $ 1,571,236.19
Direct Deposit Fund Warrant# 74641-75027 $ 778,028.82
Salary Clearing Fund Warrant 7005694-7005718 $ 544,295.63
Treasurer Electronic Remittances $
Background: The Board approved Resolution No. 80-00 Payment of Claims Against County:
Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason
County Code 3.32.060(a) requires that the board enter into the minutes of the County
Commissioners the approval of claims listing warrant numbers.
Claims Clearing YTD Total $ 6,332,708.57
Direct Deposit YTD Total $ 1,526,744.41
Salary Clearing YTD Total $ 1,585,504.31
Approval of Treasure Electronic Remittances YTD Total $ 13,862,170.88
RECOMMENDED ACTION:
Approval to: Move to approve the following warrants
Claims Clearing Fund Warrant# 8077110-8077398 $ 1,571,236.19
Direct Deposit Fund Warrant # 74641-75027 $ 778,028.82
Salary Clearing Fund Warrant# 7005694-7005718 $ 544,295.63
Treasurer Electronic Remittances $
Attachment(s): originals on file with Auditor/Financial Services (Copies on file
with Clerk of the Board)
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Diane Zoren Action Agenda x
Public Hearing
Other
DEPARTMENT: Support Services EXT: 747
DATE: February 2, 2021 Agenda Item # 8.2
Commissioner staff to complete)
BRIEFING DATE:
BRIEFING PRESENTED BY: Support Services
[x ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency —to meet deadlines, action needs to be
taken at the February 2 meeting to set the public hearing.
ITEM: Approval to set a public hearing on Tuesday, February 23, 2021 at 9:15 a.m.
to consider a petition for annexation of additional property into Mason County Fire
Protection District No. 16.
Background: A Certificate of Sufficiency was submitted by Mason County Auditor
Paddy McGuire to the County Commissioners on January 15, 2021. In accordance
with RCW 52.04.011, the number of valid signatures in support of the petition meet
the required 15% of registered voters to request a ballot measure after review and
approval by the County Commissioners.
Pursuant to RCW 52.02.050, a public hearing by the county legislative authority shall
be published for three consecutive weeks in the official paper of the county and shall
be posted for not less than fifteen days prior to the date of the hearing in three public
places within the boundaries of the proposed district.
Budget Impacts: Cost of legal notice, approximately $300.
RECOMMENDED ACTION: Approval to set a public hearing on Tuesday, February
23, 2021 at 9:15 a.m. to consider a petition from Fire Protection District No. 16 for
annexation of additional property into Fire Protection District No. 16.
Attachment(s): Petition and Certificate of Sufficiency
CERTIFICATE OF SUFFICIENCY
STATE OF WASHINGTON)
SS
COUNTY OF MASON )
This is to certify that my office has examined the signature on the petition submitted in
support of annexing additional property into Fire Protection District No. 16. One
signature was submitted and verified. There was one valid signature and no invalid
signatures.
In accordance with RCW 52.04.011,the number of valid signatures in support of the
petition surpassed the required 15%of registered voters to request a ballot measure after
review and approval by the County Commissioners.
I hereby witness my hand and seal this 15st day of January,2021.
Paddy McGuire
Mason County Auditor
i
Mason County Auditor Phone: (360) 427-9670 ext. 468
411 NFifth Street Fax: (360)427-1753
PO Box 400 Email: pmcguire@co.mason.wa.us
Shelton, WA 98584 Website:www.co.mason.wa.us/auditor
January 15,2021
The Honorable Randy Neatherlin
Chair
Board of County Commissioners
411N5"St
Shelton,WA 98584
Dear Mr. Chairman:
Enclosed is a Certificate of Sufficiency from Fire District 16 for a petition the District Board
has submitted to annex an area west of Lake Cushman. In accordance with RCW
52.04.011,a petition was circulated among the registered voters that reside in the area. My
office has determined that there are two such voters. The petition submitted contained the
signature of 50 percent of those voters and that signature was found to match the voter's
registration record. Therefore,I am submitting the petition to the Board for its
consideration. Should the Board approve this annexation,the matter would be referred back
to Fire District 16 for its Board to ask me to place the issue on a Special Election ballot. The
deadline for resolutions for the April 27,2021 Special Election is February 26,2021.
Please let me know if I can be of further assistance.I am,
Sincerely yours,
r�
i
Paddy McGuire
Auditor
Cc:Matthew Welander,Chief,West Mason Fire
3
Annexation Election Petition
To: The Honorable Board of Fire Protection District 16 (West Mason Fire)
Commissioners.
We, the undersigned registered voters, believe it would be conducive to the
public safety, welfare, and convenience to annex into Fire Protection District No.
16, and we believe that it would be a benefit to the property therein for the
protection of life, property, and infrastructure and the elimination of fire hazards.
We do Hereby request that you accept this petition to place annexation of the
lands described below into the fire district on the next available election ballot, as
described in RCW 52.04.011.
Name: Address: Signature:
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Beginning at the NE corner of Section 19, Township 23N, Range 4W, W.M,thence 9 miles South to the
NE corner of Section 6, Township 21N, Range 4W,W.M.,Thence 6 miles to the East to the NE corner of
Section 6,Township 21 N, Range 5 W,WM,Thence South 3 miles to the SW corner of Section 18,
Township 21 N, Range 5 W,W.M.,Thence East 5.5 miles to the SE of the SE corner of Section 13,
Township 21 N, Range 5 W,W.M.,Thence North 1 mile to NE corner of the NE corner of Section 13,
Township 21 N, Range 5 W,W.M.,Thence West 2.5 miles to the SW corner of Section 10,Township 21
N, Range 5 W, W.M.,thence North 1 Mile to the NW Corner of Section 10,Township 21 N, Range 5 W,
W.M.,Thence East 1.5 miles to the SE Corner of the SW Corner of Section 2,Township 21 N, Range 5W,
W.M.,Thence N .5 Mile to the NE Corner of the SW Corner of Section 2,Township 21 N, Range 5W, .
W.M.,Thence 1.5 Miles to the East to NE corner of the SE corner of Section 1,Township 21 N, Range 5
W,W.M.,Thence .5 Miles South to the SW corner of Section 6,Township 21 N, Range 4 W,W.M.,
Thence East 3 miles to the SE Corner of Section 4,Township 21 N, Range 4 W,W.M.,Thence North 4
miles to the NE Corner of Section 21,Township 22 N, Range 4 W,W.M.,Thence 1 Mile West to the NW
Corner of Section 21,Township 22, Range 4 W,W.M.,Thence North to the NE Corner of Section 17,
Township 22 N, Range 4 W,W.M.,Thence West to the Northwest Corner of Section 17,Township 22,
Range 4 W,W.M.,Thence North 4 miles to the NE Corner of Section 30,Township 23 N, Range 4 W,
W.M.,Thence W by NW 1.5 miles to the NE corner of Section 19,Township 23 N, Range 4 W, W.M.
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MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins, PE, PLS, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: February 2, 2021 Agenda Item #83
BRIEFING DATE: January 25, 2020
BRIEFING PRESENTED BY: Mike Collins
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Road Levy Certification for 2021
BACKGROUND:
The County Road Administration Board (CRAB) annually requests that every county
legislative authority submit a certification showing the amount of the road levy fixed
and the amount, if any, budgeted in accordance with RCW 36.33.220 for traffic law
enforcement, and/or any other purpose from diverted road levy.
RECOMMENDED ACTION:
Recommend the Board authorize the Chair to execute the Road Levy Certification for
2021.
ATTACHMENTS:
1. Road Levy Certification
2. Resolution 2020-107
Mason County
Calendar Year 2021.
Digital:Submittal Certification
for Forms Due February I st
The documents checked below are hereby submitted from Mason County for the review and.
acceptance of the County Road Administration Board.
Road.Levy Certification for 2021
I:hereby certify that the above reports are'ft ue and accurate and that I have eviewed;,approved, and
submitted saidreports to the County Road Administration:Board.in accordance with.WAC 136-04;
By my signature below,T:acknowledge that I am signing all the documents indicated by''the.checked
boxes:
Chair/Executive Signature:
Date
Co'
n"Eneer Signature
Date J ��
abaut:blank 1/1
A RESOLUTION FIXING THE AMOUNT OF AD VALOREM TAXES
FOR THE ROAD LEVY FOR THE YEAR 2021
RESOLUTION NO. ?.020-k +
WHEREAS,RCW 36.40.090 states that the Board of Mason County Commissioners
shall fix the amount of the tax levies to be raised for Road Fund.
IT IS THEREFORE DETERMINED,that the following be fixed as the amounts to be
raised by ad valorem taxes for the purpose of meeting the expenditures estimated in the 2021
Budget for Mason County Refund Levy and Road Fund:
ROAD FUND $ 9,048,298.03
DIVERSION OF ROAD LEVY $ 1,080,000.00
LEVY SHIFT TO CURRENT EXPENSE $ 1,080,000.00
TOTAL ROAD LEVY $11,208,298.03
REFUND LEVY $ 0.00
TOTAL AMOUNT TO LEVY FOR 2021 $11,208,298.03
This resolution reserves unutilized levy for banked capacity.The current banked capacity
reserved for the year 2021 is$115,103.13
ADOPTED this Ark` day of WU0W 2020.
BOARD OF MASON COUNTY COMMISSIONERS
'OSharon Trask,Chairperson
R y Nea er ' Commissioner
Kevin Shu , mmissioner
ATTEST:
McKenzie th, lerk of the Board
APPROVED AS TO FORM:
Tun�e eat h d, a eputy rosecuting Attorney
Printed from N/lason County DMS
Printed from Mason County DNIS
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins, PE, PLS, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: February 2, 2021 Agenda Item #g 4
BRIEFING DATE: January 25, 2020
BRIEFING PRESENTED BY: Mike Collins
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Purchase of two Automated Flagger Assistant Devices
BACKGROUND:
Public Works would like to purchase two (2) 2019 Automated Flagger Assistant
Device off of State contract from Coral Sales Company. These devices are designed
to be operated by a Traffic Control Person via remote control from a safe location.
Both of these devices where demo units used at shows and are in like-new condition.
The purchase price of each device is $12,750. 00, plus $1,195.00 for one extra
remote control; bringing the total price to $26,695.00 (plus sales tax and includes
delivery and training). This purchase will be paid out of the current 2021 Road fund
budget.
RECOMMENDED ACTION:
Recommend the Board authorize Public Works to purchase two Automated Flaggers
through the Washington State contract for a total of $26,695.00 plus sales tax.
ATTACHMENTS:
1. Coral Sale Co. Sales Quote
2. Device Information
n
Coral Sales Co. SALES QUOTE: QT-19312
Highway Safety Solutions Page: 1
PO Box 22385 Portland,OR 97269-2385
Main 503.655.6351 Toll Free 800.538.7245 Fax 503.657.9649
www.coralsales.com
Bid No:
Bid Date: 1/12/2021
Quote Project
To: Mason County Details:
Public Works Project#:
Jeremy Seymour
100 W Public Works Drive
Shelton,WA 98584
Phone: 360-427-9670 X381 Salesperson: BRAD ANDERSON
E-Mail: brad@coralsales.com
Fax: 360-427-8445 Phone No: 503-344-1776
Customer ID: CUST-1207
Bid Item# Description Quantity Unit Unit Price Ext.Price
2019 RCF 2A Automated Flaggers-Demo Units
001 RCF 2.4 Remote Control Flagman 2.00 EA 12,750.00 $25,500.00
Each AFAD set unit includes:
-10 foot,highly visible gate-arm
-Solar powered with 110v battery charge plug
-One Handheld remote control
-Lightweight design with small footprint
-Two trailers can be locked together for towing
>>Optional Extra Remote Control <<
002 RCF 2.4,Handheld-Remote,1 watt XT,Black 1.00 EA 1,195.00 $1,195.00
**Delivery and training session included.**
Subtotal: $26,695.00
Shipping&Handling: $0.00
Total: $26,695.00
Sales tax is NOT included. Material Only-Installation is not included. Quote is for a acceptance within 30 days unless otherwise stated;applies only
to project specified. No bond included. Please refer to Coral Sales Company standard terms and conditions for complete details.
Accepted by: Date:
I14P.009666�
000000
199.......96/
10*660 NORTH AMERICATRAFF1CTM
a.�000001 THE LEADER IN TRAFFIC CONTROL SYSTEMS
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. . - STOP , • �I
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hr veling public tends to respect the
: - op of the machine
. - than someone standing in the road
with a . . . . . . e.
Frank Sturgeon, FlexSupply
14
The SAVE choice for Traffic Control
RCF
204
Automated Flagger Assistance Device
Single-head with gate-arm design for your Short-Term Flagging needs
;::....®..a. NORTH AMER".1" "CA T
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��•••�••� THE LEADER:IN TRAFFIC CONTROL SYSTEMS ;
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• • - • • • • - • Device "REp" RED A
-- The_RCF 2.4 Automated Fldgg1 -Ass stance:Device is designed to be
operated by a'°Traffic:Control Person via remote control from a safe,
location. One flag'-person can control one or two,units in work zones
b^
up to 800 feet long, or two'fiaggers,canoperate two units.in work
zones up to 5 m.iles long PEATURES BENEFITS
Typical Applications:
;10 foot;highly visible gate arm Provides positive",visual vehicle control
Flogger stands at a safe location' Flaggeris safe duringcontrol_of:trdMc Gas lines
while controlling traffic' • Water and sewer lines
User friendly controller design Operator training takes less,thon,.•, '� • Asphalt paving
5 minutes,, • Road reconstruction
Hand-held radiolremote control- + One flaggercan control one or two',,. and maintenance
units with a clear line,of sight-
Lightwefght design with small footprint .Quick setup time. Can be repositioned • Guardrail repairs
by hand as opposed•to by truck ' , • Ditching
�-Edcfi controller can be designdted �{ Convenience and effi ciency-in • Tree trimming
as a Primary Unit, or'a Secondary'Unit I assigning inventory • Utility applications-
Two trailers can be locked together Unified trailer,'requiring only a single Hydro-electric and
for towing " - towing vehicle
Telephone lines
AFAD Distributed by
Typical cost ranges from$15.00.to Cost•of operation is aboutWk&Coral Sales Co.
:$35.00,per hour, pier flag-person $1.75 per hour
—=---- '=- -- Highway Safety Solutions
I No return on investment Typical R.O.l.,Is 8 months
i Often:unrellabl.e i 1007.reliable P.503-655-6351 �>F.503-657-9649
www.coralsales.com
High risk of injury and fatality A safer alternative PO Box 22385 Portland,OR 97269-2385
Increasing WCB costs No.workers' compensation costs
'REV 02l19.U, .
7 7 Petersburg Circle, PortColborne, ON L3K 5V5
UV
• i• ii i ♦• • • • • • • • •u• / 1www
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MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins, PE, PLS, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: February 2, 2021 Agenda Item #8.5
BRIEFING DATE: January 25, 2020
BRIEFING PRESENTED BY: Mike Collins
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Purchase of a Midland Road Widener
BACKGROUND:
Public Works maintains approximately 1240 miles of road shoulder throughout the
County. Currently when road shoulders need maintenance repairs, crews have to
spread dumped rock on the road surface and grade it to the shoulders which
segregates the rock reduces compaction.This process is slow and labor intensive.
Public Works would like to purchase a Midland Road Widener attachment off of the
County's Cooperative BuyBoard contract from Cooper Equipment Company. This
machine will be able to spread any material necessary (gravel, dirt, cold mix or hot
mix asphalt) to perform repairs and will also allow crews to place asphalt on the road
shoulders which will provide a hard surface for pedestrian, bicycles and disabled
vehicle to use.
The road widener would lessen the hours spent shouldering per mile to almost half;
significantly increasing production, providing a higher quality of work, and decreasing
material use.
The purchase price is $227,733.50 (plus sales tax and includes freight, training and
setup) and would be covered in the current 2021 Road fund budget.
Recommended Action:
Recommend the Board authorize Public Works to purchase a Midland Road Widener
attachment off the County's Cooperative BuyBoard contract from Cooper Equipment
Company for $227,733.50 plus sales tax.
Attachments:
1. Cooper Equipment Company Quote
2. Equipment Information
EQUIPMENT COMPANY
17474 Judson Rd. San Antonio,Tx. 78247
R Phone: (210) 657-5151 Fax: (210) 657-5871
January 15, 2021
Attn.: Jeremy Seymour
Mason County
100 W Public Works Dr.
Shelton, WA 98548 ,
Bu��Boarid Qu.006ion for Midland Roadwid�n�r ' ' ""'"` `"
One(1) New Midland Road Widener model SPD-8,right and left spreads,
variable speed 18" heat&oil resistant belt, 1'-6'strike-off blade,front
Wheel drive and steer, 74 hp diesel(Tier IV Final),two-speed drive,
grade and slope controls(hydraulic),hopper bib, oscillationg push
rollers with extandable frame,moveable L&R operators station,
operator controls for right and left hand discharge, additional strike-off
blade for left-hand discharge with F-4'w/adjustable outside edger
plate and grade and slope(hydraulic)adjustment. $ 205,985.00
Hydraulic variable widht strike-off(24" stroke)... $ 6,750.00
Hydraulic control of,push roller assembly... $ 4,115.00
Washdown package... $ 2,175.00
Total... $ 219,025.00
Buyboard Disc... $ (13,141.50)
$ 205,883.50
Freight... $ 15,000.00
PDI... $ 2,850.00
Training&set-up... $ 4,000.00
Net BuyBoard price ... . $ 227,733.60
Note:Both the Purchase Order and funding must go to Cooper Equipment Co.
Customer must fund any taxes due directly to the appropriate tax entity.
This equipment will be delivered and supported by: PACWEST
MACHINERY
[Note:All Buyboard sales require the p.o. to be issued to the Buyboard contractural dealer
(i.e. Cooper Equipment Co.). Also,please send a copy to BuyBoard(info@buyboard com)J
Signed: George A. Cooper, Pres. Cooper Equip.
Any warranties on the product sold hereby are those made by the manufacturer. The Seller,Cooper Equipment Company,
hereby expressly disclaims all warranties,either express or implied,including any implied warranty of merchantability or
fitness for a particular purpose,and Cooper Equipment Company neither assumes nor authorizes any other person to
assume for it any liability in connection with the sale of said products.
9MIDLALID SPL)=
MIDLAND MACHINERY CO., INC. SELF-PROPELLED ROAD WIDENER
1
4•-
The SPD-8 is a balanced designed ROAD WIDENER with FRONT WHEEL DRIVE capable of conveying and placing AGGREGATE AND
ASPHALT MIXES out to 8 ft.from the edge of most pavements. The modular CURVED SPREADER BLADE can easily match any job
spread widths.The SPD-8 comes standard with DUAL SIDED DISCHARGE for maximum VERSATILITY. With a 3 CU.YD.RECEIVING
HOPPER and 18 IN.WIDE CHAIN DRIVEN CONVEYOR and 18 IN high SPREADER BLADE,the SPD-8 will convey and place up to
450 tons per hour,SAVING TIME AND MONEY on any shoulder project.The SPD-8 GETS THE JOB DONE WITH EASE.
See what the SPD-8 can do on your next shoulder or berm job.
SPECIFICATIONS
Dimensions: Conveyor:
Length: 19ft. (5.8 m) Left or Right hand Discharge
Transport Width: 11 ft. 11 in. (3.65 m) Variable Speed Hydraulic Drive to 450 tph (409 mt)
Height: 8 ft. 3 in. (2.5 m) Two high torque Hydraulic motors.
Weight: SPD-8 =19,260 lbs. (8,736 kgs) Positive Chain drive, 18 in. (46 cm)wide,
SP-8 = 18,500 lbs. (8,692 kgs) Heat and oil resistant Material Belt.
Wheel Base: 110 in. (279 cm)
Turning Radus: 15 ft. (4.57 m) Strike off Blade:
1 to 8 ft. (2.44 m)Strike off width,
Engine: Standard left and right hand blades, 18 in. (46 cm )tall
Model 4045D John Deere Diesel Modular sections, 1 ft. (30 cm)&2 ft. (60 cm)
80 HP(60kw), Optional Hydraulic Extension 2 to 4 ft.(61 - 1.22 m)
Hydrostatic Traction Drive Hydraulic Grade Control: 12 in. (30.5 cm)
Two speed Transmission: above and below Grade
Travel Speed: 0—11 mph (18 km/hr.) Hydraulic Slope control +/- 16 %
Working Speed: 0—150 ft/min.(46 m/min.)
Front Wheel Steering/Drive, Push Rollers:
SAHR- Emergency/Parking Brake Extendable to 14 in. (35 cm)
FRONT 425/65R22.5, REAR 11 R22.5 Tires Oscillating, Self cleaning, Optional Hyd. Control
Specifications subject to change without notice.3/12
MIDLAND MACHINERY CO., INC. 716-692-1200 101 CRANBROOK EXT.TONAWANDA, NY 14150
SALES@MIDLANDMACHINERY.COM
SELF-PROPELLED
D-
e ROAD WIDENER
Asphalt or Aggregate Strike off spreading both right and left hand side of the working lane
1� LEFT and RIGHT HOPPER DISCHARGE STANDARD
DUAL SPREADING BLADES FOR QUICK RIL CHANGE OVER
d,
F1� SPREAD WIDTH.1 to 8 ft. (.3 m-2.44 m)
0 80 hp(60 kw)DIESEL HYDRAULIC POWER
VARIABLE SPEED CHAIN DRIVE CONVEYOR-UP TO 450 TPH
LOW COST OF OPERATION-EASY TO TRANSPORT
e•4 FRONT WHEEL DRIVE AND STEERING
OPTIONAL FEATURES:
Hydraulic Strike-off Blade Extension: 1 to 2 ft.(61cm)or 2 to 4 ft.(1.22m) All machine functions in the operators reach,
Hydraulically Extending Truck Push Rollers Console moves to either side for right or left hand spreading
Light package: Head_and-Tail Lights, Warning Beacon
Washdown System: Pump,20 ft.(6 m)Hose/reel&Hand Nozzle ,
Trench Fill Strike off Box:Levels Material to 34 in.(86 cm)below grade
_
a
` a
Modular blade with optional a 2-4 ft hydraulic extension
g4liGi
r _ _
SPD 8 with front wheel drive handles the largest trucks
r '
■
Scan to see all Midland Models CONTACT YOUR AUTHORIZED MIDLAND DEALER
MIDLAND MACHINERY CO., INC. 716-692-1200
Wn,ROADWIDENE R.C0 SAL S@MIDLAN MACH NERY.COM NY 14150
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins, PE, PLS, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: February 2, 2021 Agenda Item #ta
BRIEFING DATE: January 25, 2020
BRIEFING PRESENTED BY: Mike Collins
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Public Works Department: Interdepartmental trade between
Road Division and U&W Management Division
BACKGROUND:
U&W Management Division purchased a 2006 Vactor 2100 Truck in 2018 (purchase
price $109,000) that was going to be used to clean grinder pumps and lift stations.
With the size and weight of the truck, U&W has not been able to use the truck and
currently pays a private company for these services on an as-need basis.
With U&W having no use for their vactor truck, the Public Works Department is
requesting approval for the Road Division to purchase the U&W vactor truck at the
current valued price of $99,500. The purchase cost will include a trade of a John
Deere backhoe (valued at $27,108.97) and a 2009 Ford Escape (valued at $2,500)
that U&W will use at the Solid Waste Facilities. The remaining balance of the
exchange, $69,891.03, will pay off what U&W still owes on the truck.
Public Work's Road Operations & Maintenance Division planned to purchase a vactor
truck and budgeted $150,000 in the 2021 budget for a new one; this option will
benefit both divisions of the Department.
RECOMMENDED OR REQUESTED ACTION:
Recommending the Board authorize the transfer of ownership within the Public Works
Department, allowing U&W Management Division to trade their Vactor Truck to the
Roads Division in exchange for a 2004 John Deere Backhoe, 2009 Ford Escape and
$69,891.03.
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins, PE, PLS, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: February 2, 2021 Agenda Item
BRIEFING DATE: January 25, 2021, January 11, 2021 &July 20, 2020
BRIEFING PRESENTED BY: Mike Collins
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Road Vacation No. 406— Hearings Examiner Recommendation
BACKGROUND:
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 200x30 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 Jones?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 ACTION:
Recommend the Board consider the Hearings Examiner's recommendation to
approve Road Vacation No. 406, vacating formally by operation of law, 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
1
BEFORE THE HEARING EXAMINER FORAT IASON COUNTY
2.
Phil O lbi debts,`Hearing:Examiner
3
4 RE: Road Vacation No.406 FINDINGS.OF FACT;CONCLUSIONS
5 OF LAW AND RECOMMENDATION
Petition for aRoad Vacation
� .5.
6
SUMMARY
Neil and Julia Jones have petitioned for vacation of a portion of Fir Street between E.
9 Port Townsend St. and E. Tacoma Street in Union and vacation of an undeveloped
10 alley: It is.ieconuirended he Commissioners approve the vacations subject to a utility
anddrainage easement.
I
The Fir Sireet:portion has a gravel'road constructed as a logging haul road in the 1910s.
1.2. This road meanders through the width of the right of way, though it is:not an official
road and is impassibleto:passenger yehicles.in N some seasons. ..eighboring property
13 owners, Joe Cooper.(Ex. 3, 5 and 6) and.Jose Flores (Ex: 7), argue the vacation area.
14 of the road. p"rovides the only access to the southern, downhill portions of their.own.
lots which fiont 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 20.12.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 acid Flores properties:
18
There is:seasonal surface water runoff:at.the northeast.corner..of the Jones' property
Y:9 that passes through one. of the proposed vacation areas. County staff have noted the
drainage across the Jones:property should be,maintained. It is.recommended.that.the
20 vacation be;conditioned on a:drainzge easement across the vacation area that currently
21 . provides seasonal drainage.
22 t111.other properties m th66rea have other ways to access:their.proptities, Conditioned
with the drainage easement,the.proposed::vacation area is necessary for Countyuse
23 and should be approved.
24
25
Road Vacation p: l Recommendation
TESTIMONY
l
2 Staff Testimony
3 Mike;:Collins,Mason County Engineer;.summarized the:staff report. Ex. B,:page 10 is
a good depiction'of the:vacation area.The parcels are cunently 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 th6': ight of way to acce'ss 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
5 way atahe.front:
7 A.pplicant,Testi.mon
8 mt.NeiL3ones Petitioner'stated"the trailer is accessed by Port Townsend.Street.None
of the lots is accessed by-the requested right of way area.
9 '
10 Public Tes in of y`
11 Joseph Cooper stated he*:has concerns regarding the north half of Fir.Street. Owthe:left
side:of the.vacation,he found a,surVey marker on a comer..:That 3.-feet pttmvacation
12 goes to the center of the road. On the cast 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 Vine 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 hill..lid_bought his:'property knowing be has access:
15 to the bottom half of his property. In response to the examiner;Mr-Cooper stated there
needs to be better improveirieiits. The:street is siraight on.-the.map:but is incandering
1.6 on the..grotind because:of the topography: He "feels they need to do a better.job of
working out:w.here the road actually is:a nd.make sure access is maintained to the other
17 parts of the, He"still has access to the northehipart,:but this would.remove the
18 access to the southern part ofliis property:
19 Staff Rebuttal.
20 Mr..Collins;stated:there.is adequate access to the lots to:the south.The County did not
perform a road;survey. They aren't sure where the trail/path is in relation to the right
2.1 of way. Mr. Collins stated he did not know how Mr. Cooper will be affected. NI-.
22 Gooper states he needs Fir Street to.remain public;r ght: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 au:open access on the southern half of Fir Street.
24 Mr. Cooper stated the road meanders and is not centered.
25 hi response to the examiner;Mi.Collins stated.there needs to be a condition of al proval
that ensures theroad:-Yvill still be accessible to propertiesto: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.
1 Pine:Street for the top of his property:
2 Applicant.Rebuttal
3
Mr:_Jones stated Port ToN nsend and McCreavycan access the Fir?Street area.Thereas:
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
Mn,Cooper stated he'dlike:to focus<on.the issue as being a:fire access problem. The.
topography is Wery`steep,..Access to the.southern portion:of his property'Would become
q part of a,dead end.'He also voted the:neighbor next.to Mt. Jones has,a right of`rvay
vacation but.of only. 20 feet,not,the'30 feet Mr.Jones is asking for:This to him:implies
8 that the roadwayis closer':to tbosW of the right.of way rather than in the middle. The
road:meanders throughout the 60400t right of way. He heeds drive througli access.He
purchased.his property with the plat as is because it allows him access. There is a:
10 drainage culvert,on this road lt.is being:used as open.;iight of way,Mr, Cooper cannot.
access his property from north to soutli: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.yacation.
12
Mn Jones stated he doesn't'vant,to cause any fire ha nf&'The vacation next to hii i,
13 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 publicliearing. Additional exhibits entered into the record:after thelieariAg date:
18 include:
19 Ex.2 Eniail:ftoit,Joe,Fassio(October 19.2020)
Ex.3 Email:from Joe Cooper(Occtober 20,2020)
20 Ex.4 Email from Neil Jones(October 20,2020):
21 Ex. 5 Email fro.m Joe:Cooper(October 21,.2020)
'Ex. 6 Email from JoerCooper(October 22,20220)
22 Ex. 7 Email from Jose Flores with;attachient(October 14, 2020)
Ex. 8 Mason County Road Vacation.#382
23 Ex::9 Mason County Graphic Depicting Fir Street Improvements
24
25
Road Vacation p;.3 Recommendation.
I FINDINGS OF FACT
2 )Pro.cedurah
3 1. Hearing. A.virtual hearing on the petition for vacation was held on October
4 14,2020 at 2 00 pm via Zoom. The record was left open until 5 pm November.3,2020
to allow for:additional opportunities',for public comment:
5
SubstanfiW:
6
2. Site/Proposal.Description. The petitioners; Neil and Julia Jones, have
7.
petitioned for.vacation of two portions of right of way. The first portion is the north
8 half.of Fir.Street adjacent.to Block.8 Lots 21 through:2&:in the Planof Grays Harbor
and Union City Railroad_Addition.to Union City; an area 200 feet in.width.by 30.feet
9 in depth. The Fir Street portion has a gravel road constructed-as a logging haul road in
the 1970s This road nieauders through,the width of the right of way, though;it is not
10 an official road;and.is impassible to passenger vehicles in some seasons..
11 The second portion is an.unopened.alley.right of way adjacekit,tol the south property
12 boundaries:of Block 8;Lots 2.1-2;8 in the Plan of Grays Harbor and Union:City Railroad
Addition.to Union City.This vacation request is for an area 200 feet in width by 10 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
corner of their,propeity which requires a 30-foot."septic system setback;;
because they wish to provide more of a buffer.between their house and the adjacent
16 comity park, and because they wish ao better coritol traffic.on Fzr 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: 382) (Ex. 8)and that
the development profile of these twdjots would be similar.
18
1:9 3.. Utility of Vacation Area. 'W.i th 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 approval
requires an.easement to accommodate,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. iwitli Very
23 smallurban style lots in a gridded pattern of 60-f6ot wide roads and streets.and 20-foot
wide alleys mid-block (Ex.. 1,.Att. A, Page 2). Most of the.right of way,was never
24. developed,l?ecause of steep topography: There is;currently no road witlin`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 skid.road.Mr..Fassio testified his,father had
roughed in'the road in the 1970s (Ex. 2). This road is.narrow, muddy, steep and
impassible by:passenger vehicles in wet conditions.
Road Vacation p. 4 Recommendation
Public Works staff.have noted the proposed vacation. areas _are not necessary to
1. provide.access to any lots an-d there ;is. no evidence to the. contrary.. Nei'
2 propeityowners,notably Joe Cooper(Ere:3, 5.and 6)and.Jose Flores(Ex. 7),argue.the
vacation area.ofthe road provides the only access to the'..southern;downhill portious.of
3 their own lots which front Spruce Street riphill arid.to the north and that the proposed
vacation area has 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 actuaily;coiriiect to the southern portions of their
5 properties and s:separated from their properties by a.road vacation approved.iri.2012:
6 There is also.no,evidence or assertion that Mr. Cooper or Mr.:Flores have any access
.rights from their property:to the vacation area. For:these reasons, the proposed road
vacation:wi.1 have no curre.nt:or future:impact on emergency access-to theTtores 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, -,mbich is adopted by :this recommendation. With the
recommended.condition of approval, the proposed vacation area is notnecessary to the
11. County road system.
12 4. Riaht of Way as Easement.. :Mr. Franklin's report, Ex. 1, identifies the
13 vacation area as.a:Class.A per MCC 1.2.20 040 witivno requiredd compensatioi for fee
simple interest-..No appraisal is required.
14
5. Administrative Fees. The petitioner has,paid the$500 administrative:fee'.as.
15 shown:in.thexeceipt.entered as Ex. 1;Att. A,pagel:
16
CONCLUSIONS OF LAW
17
Procedural:
18
1. AuthoritY of Hearing:Examiner... MCC 12;20.Q30 provides, the Examiner
19 with.the authority to review road vacation applications and make a recommendation:to
�0 the Mason County Board of County"Corriniissioners.
21 Substantive;
22 2. Review Criteria, .and. Application. Chapter: .12.20 MCC sets forth the
23 requirements for vacation:of roads. Furthermore MCC 12.20.0,10.provides tllat"Courity
roads. may be. vacated: in accordance.with the provisions :of, Chapter . 81 RCW.
24 Applicable review standards for vacation:under Chapter 12.20 MCC, as well as those.
it Chapter 36.87 ;RCW, are quoted in italics;below. .and applied via corresponding
25 conclusions of law.
MCC 12.26.010:. County roads may,be vale.gted'in accopdance with:the provisions.of
R'CTV 36 87; and.Mason County may require asw condition precedent to the vacation-
Road Vacation p 5 Recommendation
the receipt of just compensation fr-oin the person or persons benefiting from the
1 vacation.
2 RCW 36.87.020: Owners o the nic4ori o the ronta e on any court road or. ortion
f � � f f g Y � P
3 thereof may petition the county legWatNe authoriiy-to vacate and abandon.the sane
or any portion thereof The petition niust shox,the land owned by each petitioner.and
4 set fork that-such county road is useless as part o f the county road system and.that the
public -will be.benefited.by,its vacation.and abandonment. The legislative authority
5 in
5 1 re uare the etitio7 ers to Make an appropriate :cash. deposit or fiai'12isJ1 an
() q . ... p
7 appropriate Bond.against'ivhlcla all.costs a17d&venses incurred in the,.exCaminatlon,
report, andproceedings pertaining to,thepetition shall be charged; or
8
(2) by ordinance or,resolution require the_petitioners to pay a fee adequate to cover
9 such costs dnd expenses.
10
RCW 36.8:7;060: If-the county road is found usefad as a.pa7-t of the c611174,road system
11 :it shall not be vacated, but if it is riot useful and the public:will, be benef ted by the
vacation; the comity legislative author Iily may vacate the road or any portion-thereof
12
RCW 36.87.090:Any.coi non road, or part,thereof, which: -emahis unopen for paiblic
13 yse or a. eriod.o... ive ears after the order is made or authors Pranted for.openi�g
.f� P. .ff. . Y .f ty o
14 it, shall be thereby vacated; and the,authority for building it barred by lapse of time
PROVIDED. That this section-.shall not apply to any hialovay, road street, alley, or
15 other public place dedicated as such in:trny plat, ivhether.the.land:included in such plat
is ivitl in or without the limits of an incorporated city or town; or to.anv land conveyed
16 by:deed to the state:onto.:an),county, City or toxin for highways, roads, streets,,alleys;
17 or other public places.
18 3; Vacation Area Meets Vacation Criteria.: The proposed vacation conforms.
to the requirements of the statutes quoted above.As determined by the findings of fact;
19 the 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 determine.d.in Finding of Fact No.3,the vacation area is not:
useful as: part of the county road system The public will beinefit from.the vacatioil.as.
21 ;it will, increase the size and developable area of the Jones' property, thus adding to
22 Assessor. Rolls and it will also.reduee 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 n7atter
24 of law by operation:of RCW 36.87.090,.This could, very well'be the case, but would
25 likely require a judicial deterininatioin,probably.a,quie:t title 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 system..
Road Vacation p._6 Recommendation
1
181CC 12;20 040: For the purpose of vacating .county roads, all roads shall be
2 classified as follows:
3' (1) Class A. All`roadsfor rvliich thelright-oflw is an easement,
(2)Class°B. All roads for ii,hich the right-of wgy is owned in fee simple aird for tiilbich
4 the county paid full fair market value of the fee.simple estate:.
5: 4.. Vacation.Area Qualifies as Class A.Road. As determined;i.n,the.findings;
6 of facts: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 kwperson:or persons desiring to.have any_portion.of any.county.
'8 road vacated shall be'recluiredl fly tl Mason:County Board of C tlnity Commissioners
as'a'coitd ti6ii pr"ecedent.io the vacation to compensate the county prior•to the veicatio.n:
9 The c6Modrrsatio i.shall include; but not be.limited to, the appraised,,fair market value
10 of the coun.ty's,fee simple interest in the 1�acated road as.of the effective date of the:
vacation,and the costs.of any.cuad all appraisals deemed necessary.by[:..J the Hearing
11 Examiner or the: Board of Curity Commissioners, together with any and all
administrative costs incurred by the county in vaeatirrg tlte:r occil Sald administrative:
12 costs shallinclude the costs of the Hearhia,Examiner i%a holding.thepublie hearing:and
teporttrrg r"eCDrnl7lenclgtrons: t0 the, Board of Cotiuity Cornntssioners': Sitch.
13 compensation must bepaid to Mason County within six months of the date the vacation
14 was approved by;the Mason County commissioners or the vacation shall be mill and
void
15:
5; Required Administrative Pees Paid. Compensation for the value of the-
16 vacation area is addressed ii-Conclusion of Law No. 6 below. The petitioner has paid
17a$500 deposit for;the petitiomas shown in.Ex: 1,Att.:A.
18 MCC 12.20.060 The coitn shall require,as a condtt- pr ecedetit to the vaecxttofi of
roads or pordotis.thereof vvithih the classifications Setfiorth in Section 12.20.04:0, that
19 persons hetief ttiiig frorri the i aeatioz thereof cogii)elzsate Mason Colin yI as set forth in.
the following scheditle-
20
Z1 (1) Class fl Roads:FYfty percent of`tlze cip praised vaht.e::
(2) Class B•.Roads. One hundred percent of the appraised value:
20 (3) Class C Roads..No compensafiorr other than Pr the adinihistrative fee.of the,
vacation action.
23
At no time will the comuensation for.Class A or B roads lie reify bifi:sed less than:tJre..
24 county originallypaid for the.property:
25 6'. ;:Compensation Required The version of the MCC 12.20 060 in effect wlieii,
the sulijectpetitionwas 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
1 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 am more
legislative in nature...See Potala: Village Kirkland,.LLC v. 04? of Xii- and, 183 Wn.
3 App. 191..(20.14),review denied, 182 W11.2d 1004.(2015)n.The.Conumssioners.should.
confer with their legal counsel an tliis issue,but it does appear that,they may have the
4 ;authority to require compensation for this vacation request.
5 IM 12.20.080; Eacii,1)etiti6iz for i deation`of a mail shall lie accornpariied bya'bond
6 or cash deposit.of a rninimi urn Of f ve.hundred dollars, which:shall be used to' lef=ay
exan inatiofi, report, publication.:.tn testigataon and other costs- connected with the
7 a7iplication: When deeri ed necessa>7J by.the_coring engineer, an additional deposit
amount :rnay be required :to cover appraisal or other costs. Board of County
8. C'onunissidners(sic]For di jiet tiorn,'iwI ether granted or denied;for Which the.dep6..t
exceeds the total costs,:the excess deposit shall be ref tided to the petitioner. For any
petition, whether granted or denied.for which the:eosts:exceeds the:deposit, the excess
10 shall be billed to the petitioner and:l e due rind payabldJnimediatel.'
11 7• Required Deposit Paid. The petitioner• has paid a '$500' cash deposit as
shown in EX:1,Att.A. The$500.fee.w9s.Jn.effect at tlie.time it:was due,so the required
12 amount was properly paid. The administrative fee: is distinguishable from the
compensation issue in.COL No.. 6.-because the :compensation amount has not:,yet
13, become dire;.:
14
RECOMMENDATION
15
16
i The vested.rights of the petitioner to former MCC 12.20.060'rs legally ambiguous,
17 which is wlry.tlus.report suggests consultation with the Commissioners' legal'counsel.
18 The Petitioner did pay&$500 application.fee for its petition, so the argument could be
that.th.e.Petitioner should be given vested rights because it has invested`in a.process
19 that regt 'ired no compensation,for•vacatioii area. However. the:same;argument could
forland use pernzits;and the courts.have made it clear under:Potcria that vested
be made
20 rights only applies for permits expressly conferred vested rights:by state.statute or local
ordinance.. The courts.have also ruled.that.roads vacated.bynonuse.under the uon-user
21 statute, RCW`36.87.090; confer- vested rights.to the adjoining property owners who
2� take title to them.. See Real,Pi-ogress v City. Seattle, 91. Wn App..833.(Wasl . Ct.
App. 1998). However,,that only applies in situations where title::has already been
23 transferred. As noted. in COL No. 7, that prrieipLe. would apply: to the: $500
administrative fee, since that has already been paid;brit 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 ri.&lit.Isr doctrine.
Ultimately,a refund of the:administrative fee may be-due ifthe Petitioner doesn't.want
to pay compensation, but beyond that it.appears that requiring:compensation is likely
legally defensible:
Road Vacation p, 9 Recommendation_
It is recommended that the Board of Commissioners approve the proposed vacations;
1 -subject to existing .easements.for_ingrdss:and egress for any other puipose,if any; and
in accordance with RCW 36 87.140, retaining an easement.in.favor,of.Mason,Cbur ty
for.any utilities present in.the proposed vacated right of way: The.;proposed vacation
3 should.also be subject to:a drainage'easement:to accoinr.riodate the,:seasonal drainage
way identified by Public Work staff.
4
DATED this..23rd day.ofNovember,2U20
5
6 ..
7 Phil A.:Olbrechts
Mason,County Hearing Examiner'
8
9
10
11
1.2
13
14
15
15
17
18
19
20
2t
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 20OX30 FEET
IN SIZE
PETITIONER:NEIL&JULIE JONES
WHEREAS, under RCW 36.87.090, any county road, or part thereof, which remains
unopen for public use for a period of five years after the order is made or authority granted for
opening it is automatically vacated by operation of law and;
WHEREAS, the County desires to recognize and acknowledge that the petition to vacate
the described right of way below meets this requirement has been vacated by operation of law:
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 200x30
feet in size.
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 COMMISSIONERS
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
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins, PE, PLS, County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: January 25, 2021 Agenda Item #Q.S
BRIEFING DATE: November 23, 2020
BRIEFING PRESENTED BY: Mike Collins
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Road Vacation No. 408— Hearings Examiner Recommendation
BACKGROUND:
Damon Gustafson, of Northwest Logging Company, LLC petitioned for a vacation of
a public easement along the south boundary side of one of his two properties,
parcel number 32024-51-00027 off Channel Point Road. This public easement was
dedicated in the Plat of Skookum Point Tracts in 1947.
The Examiner issued his Findings of Fact, Conclusions of Law and Recommendations
on January 13, 2021 recommending approval of the proposed vacation with the
following condition:
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.
RECOMMENDED ACTION:
Recommend the Board consider the Hearings Examiner's recommendation to
approve Road Vacation No. 408, vacating a public easement in the Plat of Skookum
Point Tracts along the south boundary of Assessor's parcel number 32024-51-00027,
Recorded in Volume 4, of Plats at Pages 54 and 55, records of Mason County,
Washington.
ATTACHMENTS:
1. Hearing Examiner Findings of Fact, Conclusions of Law and Recommendations
2. Order of Vacation
1 -
BEFORE THE HEARING EXAMINER FOR MASON COUNTY
2
Phil Olbrechts,Hearing Examiner
3
4 RE: Road Vacation No. 408 FINDINGS OF FACT,CONCLUSIONS
5 OF LAW AND RECOMMENDATION
Petition for a Road Vacation
6
7
SUMMARY
8
Damon Gustafson on behalf of Northwest Logging Company LLC has requested
9 vacation of a portion of an orphaned strip of right of way that is located hundreds of
10 feet from any County road. The strip's entire length is less than 500 feet and Mr.Gustaf
only requests to vacate a portion of it, specifically the portion that crosses two
11 Northwest Logging Company parcels. The orphaned right of way has no conceivable
utility to the County's road system since it has no connection to it. The proposed
12 vacation area is located northeast of the intersection of SE Channel Point Rd. and SE
13 Arcadia Road in the Plat of Skookum Tracts. It is recommended that the
Commissioners approve the vacation request.
14
Given the isolated nature of the right of way at issue,this could be the most justifiable
15 vacation petition ever presented to the Commissioners. Unfortunately,it is complicated
by the issue of whether the Commissioners should require the petitioners to pay for the
16 fair market value of the area of the vacation area. The Mason County Code ("MCC")
17 currently requires that petitioners pay fair market value for areas vacated such as the
area addressed by this vacation action. The Commissioners adopted this compensation
18 requirement in October 2020.The petitioner filed its vacation petition before adoption
of the compensation requirement,in July 2020. As outlined in Vacation No.406,street
19 vacations are not subject to vested (grandfather) rights so current vacation standards,
including compensation requirements,may apply to the petition under review. Further,
20 there may be compliance issues with Article VIII, Section 7 of the Washington State
21 Constitution (prohibiting the gifting of County property) if compensation is not
required. However, County staff advised that the Commissioners have decided to not
22 require compensation for petitions filed before the compensation requirement was
adopted. As with Vacation No.406,the Commissioners may wish to consult with their
23 legal advisers on whether there would be any legal problems with waiving
24 compensation for this petition if they haven't already done so.
25 TESTIMONY
Road Vacation P. 1 Recommendation
Phil Franklin, Mason County Public Works, summarized the petition request. In
1 response to examiner questions he did not know how such an isolated strip of right of
2 way came into being.
3 Mr. Gustafson, Petitioner, testified in support of his petition. He stated that he is
requesting the vacation for the benefit of other government agencies that are regulating
4 the use of his property.
5
6 EXHE13ITS
7 The Staff Report along with its Attachments A-D were admitted as Ex. 1 at the January
13, 2021 public hearing. An prehearing email exchange between the examiner and
8 County staff,dated January 6,2021,was admitted as Ex.2.
9 FINDINGS OF FACT
10 Procedural:
11 1. Hearing. A virtual hearing on the petition for vacation was held on January
12 13,2021 at 1:00 pm via Zoom.
13 Substantive:
14 2. Site/Proposal Description. Damon Gustafson on behalf of Northwest
15 Logging Company LLC has requested vacation of a portion of an orphaned strip of
right of way that is located hundreds of feet from any County road. The strip's entire
16 length is less than 500 feet and Mr. Gustaf only requests to vacate a portion of it,
specifically the portion that crosses two Northwest Logging Company parcels. The
17 proposed vacation area is located northeast of the intersection of SE Channel Point Rd.
and SE Arcadia Road in the Plat of Skookum Tracts.
18
19 3. Utility of Vacation Area. The proposed vacation is for a portion of an
orphaned strip of right of way that is located hundreds of feet from any county road.
20 Public works staff have testified that the vacation area is not necessary for the County
road system and that is apparent from the administrative record as well.
21
4. Right of Way as Easement. Mr. Franklin's report, Ex. 1, identifies the
22 vacation area as a Class A per MCC 12.20.040.
23 5. Administrative Fees. The petitioner has paid a$500 administrative fee as
24 shown in the receipt entered as Ex. 1,Att. A,page 1.
25 CONCLUSIONS OF LAW
Procedural:
Road Vacation p.2 Recommendation
i
1 1. Authority of Hearing Examiner. MCC 12.20.030 provides the Examiner
2 with the authority to review road vacation applications and make a recommendation to
the Mason County Board of County Commissioners.
3
Substantive:
4
5 2. Review Criteria and Application. Chapter 12.20 MCC sets forth the
requirements for vacation ofroads. Furthermore,MCC 12.20.010 provides that County
6 roads may 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
7 in Chapter 36.87 RCW, are quoted in italics below and applied via corresponding
conclusions of law.
8
9 MCC 12.20.010: County roads may be vacated in accordance with the provisions of
RCW 36.87, and Mason County may require as a condition precedent to the vacation
10 the receipt of just compensation from the person or persons benefiting from the
vacation.
11
RCW 36.87.020: Owners of the majority of thefrontage on any county road or portion
12 thereof may petition the county legislative authority to vacate and abandon the same
13 or any portion thereof. The petition must show the land owned by each petitioner and
set forth that such county road is useless as part of the county road system and that the
14 public will be benefited by its vacation and abandonment. The legislative authority
may:
15
(1) require the petitioners to make an appropriate cash deposit or furnish an
16 appropriate bond against which all costs and expenses incurred in the examination,
17 report, and proceedings pertaining to the petition shall be charged;or
1 g (2) by ordinance or resolution require the petitioners to pay a fee adequate to cover
such costs and expenses.
19
RCW 36.87.060: If the county road is found usefid as apart of the county road system
20 it shall not be vacated, but if it is not useful and the public will be benefited by the
21 vacation, the county legislative authority may vacate the road or any portion thereof.
22 3. Vacation Area Meets Vacation Criteria. The proposed vacation conforms
to the requirements of the statutes quoted above. As determined by the findings of fact,
23 the petitioner owns all of the property abutting the proposed vacation area. The
24 petitioner has paid $500 in application fees as required by County regulations (See
25 ' The vacation petition under review is considered to be subject to current County
vacation standards as opposed to those in place at the time the petition was filed(i.e.
no vested rights apply) for the reasons identified in Conclusion of Law No. 6 of
Vacation No. 406.
Road Vacation p. 3 Recommendation
i
I
i
Finding of Fact No.5 and Conclusion of Law No.7).As determined in Finding of Fact i
1 No. 3, the vacation area is not useful as a part of the county road system. The public
will benefit from the vacation as it will increase the size and developable area of the
2 petitioner's property, thus adding to Assessor Rolls and it will also reduce potential
3 County liability and maintenance responsibilities of the vacation area.
4
MCC 12.20.040: For the purpose of vacating county roads, all roads shall be
5 classified as follows:
6 (1) Class A. All roads for which the right-of-way is an easement.
7 (2) Class B. All roads.for which the right-of-way is owned in fee simple and for which
the county paid full fair market valve of the fee simple estate.
8 (3)Class C. All roads that meet RCW 36.87.090 requirements.
9 4. Vacation Area Oualifies as Class A Road. As determined in the findings
10 of fact, the right of way subject to the requested vacation is an easement and therefore
qualifies as a Class A road.
11
MCC 12.20.050: Any person or persons desiring to have any portion of any county
12 road vacated shall be required by the Mason County board of county commissioners
as a condition precedent to the vacation to pay the county prior to the vacation. The
13 compensation rates include those rates set forth in Section 12.20.060, if any, and the
14 administration fee set forth in Section 12.20.080.
15 S. Required Administrative Fees Paid. The petitioner has paid a$500 deposit
for the petition as shown in Ex. 1, Att. A. This amount meets applicable fee
16 requirements as determined in Conclusion of Law No. 7. Compensation is not required
17 for the reasons identified in Conclusion of Law No. 6.
18 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
19 persons benefittingfrom the vacation thereof compensate Mason County as set forth in
the following schedule:
20
21 (1) Class A Roads.Fifty percent of the appraised value.
(2) Class B Roads. One hundred percent of the appraised value.
22 (3) Class C Roads. No compensation other than for the administrative.fee of the
vacation action.
I 23
At no time will the compensation.for Class A or B roads be reimbursed less than the
24 county originally paid for 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.4 Recommendation
50% of appraised value. According to County staff, the Commissioners have
1 determined that they do not construe the compensation requirements of MCC 12.20.060
2 as applying to petitions filed before MCC 12.20.060 was amended to require
compensation in October 2020. Pursuant to the Commissioner's interpretation of MCC
3 12.20.060, it is concluded that no compensation is required.
4 MCC 12.20.080: Each petition for vacation of a toad shall be accompanied by a
payment of one thousand dollars to cover all administrative costs regardless of the
5 county's approval of vacation. Said administrative costs shall include the costs of the
6 hearing examiner in holding the public hearing and reporting recommendations to the
board of county commissioners.
7
7. Required Deposit Paid. The petitioner has paid a $500 cash deposit as
8 shown in Ex. 1,Att.A. The$500 fee was in effect at the time it was due,so the required
amount was properly paid. The administrative fee is distinguishable from the
9 compensation issue in COL No. 6 because the compensation amount has not yet
10 become due.
11 RECOMMENDATION
12 It is recommended that the Board of Commissioners approve the proposed vacation,
subject to existing easements for ingress and egress for any other purpose,if any, and
13 in accordance with RCW 36.87.140, retaining an easement in favor of Mason County
14 for any utilities present in the proposed vacated right of way.
15 DATED this 15`i'day of January,2021
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17
Phil A. Olbrechts
18 Mason County Hearing Examiner
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Road Vacation P. 5 Recommendation
RETURN TO MASON COUNTY PUBLIC WORKS
100 W. Public Works Drive
Shelton,WA 98584
IN THE MATTER OF THE VACATION OF A ORDER OF VACATION
PUBLIC EASEMENT IN THE PLAT OF VACATION FILE NO.408
SKOOKUM POINT TRACTS WITHIN THE RCW 36.87
ASSESSOR'S PARCEL NO.32024-51-00027
PETITIONER:DAMON GUSTAFSON
WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate
the following described rights of way:
All that portion of an unnamed county road lying southerly of and adjacent to lots 27 and 28
inclusive in the plat of Skookum Point tracts,Recorded in Volume 4, of Plats at Pages 54 and 55,
records of Mason County,Washington
AND,WHEREAS,the date of the virtual hearing was set for January 13,2021 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 January 13, 2021 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.
DATED this day of 22021
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, Ch. DPA
Sharon Trask, Commissioner
Cc: Vacation File No. 408
Treasurer
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
FROM: Mike Collins, PE, PLS, County Engineer Action Agenda.
DEPARTMENT: Public Works EXT: 450
COMMISSION MEETING DATE: February 2, 2021 Agenda Item #8 o,
BRIEFING DATE: December 7, 2020
BRIEFING PRESENTED BY: Mike Collins
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Franchise Agreement Application for City of Shelton
BACKGROUND:
The City of Shelton has applied for a franchise renewal. Public Works has reviewed
and updated the franchise language, as done for with all the water system franchise
renewals this past year, and included a provision for automatic renewal for up to
three 10-year terms.
The franchise will cover the City's water system on county roads within the City of
Shelton city limits and Urban Growth Area.
Application is not considered new and applicant has paid the $300 renewal of their
respective franchise.
RECOMMENDED ACTION:
Recommend the Board set a hearing for Tuesday, March 2, 2021 at 9:15am to
consider approving the franchise agreement between Mason County and City of
Shelton to construct, operate and maintain their water system on county roads
within the City of Shelton city limits and the Urban Growth Area.
Attachments:
1. Franchise agreement application
2. Map showing the franchise area
3. Notice
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will
hold a live stream public hearing at http://masonwebtv.com/on Tuesday,March 2,2021 at
9:15am.
SAID HEARING will be to consider the franchise agreement with City of Shelton Mason
Shelton granting permission to continue constructing, operating and maintaining the City's water
infrastructures on county roads within the City of Shelton city limits and Urban Growth Area.
Pursuant to Proclamation by the Governor 20-28.14, in-person attendance to Commission
meetings is temporarily restricted and during this time we will accept public testimony using
Zoom. The URL is available on the County website https://www.co.mason.wa.us/ to sign into
the meeting. Please use the "raise hand" feature to be recognized by the Chair to provide your
testimony. You can also email testimony to msmith@co.mason.wa.us or mail to the
Commissioners Office, 411 N 5t` St, Shelton, WA 98584;or call (360) 427-9670 ext. 589.
If special accommodations are needed, please contact the Commissioners' office, Shelton
(360)427-9670,Belfair(360)275-4467, or Ehna(360)482-5269, ext.419.
DATED this_day of February 2021.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHNGTON
McKenzie Smith,Clerk of the Board
Cc: Auditor
Clerk of the Board
Public Works
Applicant
Journal-Pub12t: 2/11/21 &2/18/21 (not less than 5 days prior to hearing)
Post: 3 public places 15 days before hearing—No later than 2/15/21
(Bill Public Works— 100 W Public Works Drive, Shelton,WA 98584)
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community
ORDINANCE NO.
1959-1120
AN ORDINANCE OF THE CITY OF SHELTON,WASHINGTON, �
ACCEPTING A NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN
MASON COUNTY AND THE CITY OF SHELTON FOR THE
OIPERATIONS AND MAINTENANCE OF WATER,SEWER,RECLAIMED
WATER,AND STORMWATER UTILITIES
WHEREAS,the City of Shelton operates water, sewer,reclaimed water, and
stonnwater utilities,and.has.infrastructure related to these utilities outside city limits and
within Mason County rights-of-way;and
WHEREAS, the City finds that it is in the public interest to have the.ability to
operate and.maintain its utility infrastructures within the County; and
a
WHEREAS,the previous franchise agreement with Mason County, accepted by the
City on April 2,2007, expired in 2017; and
g
WHEREAS,the Parties have come to terms on a new Franchise Agreement.
NOW,THEREFORE,the City Council of the City of Shelton;Washington;ordains
as follows:
Section 1.Acceptance of.Franchise.Agreement.A nonexclusive franchise for operations
and maintenance of city utilities within Mason County rights-of-way is hereby accepted under
the terms and conditions set forth substantially in the form of Exhibit A attached hereto and
'incorporated herein by reference. The City Manager is authorized to sign the final Agreement.
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Section 2.This Ordinance shall take effect and be in force five days after passage $
and publication as required by law.
Passed by Shelton City Council this 19th of January 2021. j
Mayor Kevin orcy
AUTHENTICATED:
nA R/,/ Ga/la't—
Donna Nault,City Clerk
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FRANCHISE AGREEMENT FOR
WATER, SEWER,RECLAIMED WATER,AND STORMWATER UTILITIES
BETWEEN MASON COUNTY AND THE CITY OF SHELTON
WHEREAS, the City of Shelton operates a water, sewer, reclaimed water and stormwater
utilities, and has infrastructure related to these utilities outside city limits underneath Mason
County rights-of-way; and
WHEREAS,the County finds that it is in the public interest to grant the City a franchise
to continue operating and maintaining its utility infrastructure within the County.
NOW THEREFORE,the Parties agree to the following terms of a water, sewer,
reclaimed, and stormwater system franchise agreement:
I. DEFINITIONS
For the purposes of this franchise,terms,phrases, words, and their derivations not defined
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herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating
Utilities in the Mason County Right-of-Way published by the County Engineer (the "Manual"),
shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code
or the Manual. Words not defined here,in Title 12 of the Mason County Code or the Manual shall
have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual
refers to the same as may be amended, revised, updated, re-enacted or re-codified from time to
time.
II. GRANT OF FRANCHISE
The County hereby grants to the City a non-exclusive franchise to construct, operate and
maintain water,sewer,reclaimed water,and stormwater system utility facilities in,over,along and
under county rights-of-way in Mason County, Washington, as set forth in attached Exhibit `B"
(Franchise Area).
The County's grant of Franchise shall authorize the City to enter upon the rights-of-way
located within the Franchise Area for the purpose of installing, constructing,maintaining,
repairing,replacing, adjusting,relocating and operating the water system utility facilities.
Such grant is subject to and must be exercised in strict accordance with and subject to this
franchise, Title 12 of the Mason County Code, the Manual and all applicable laws, rules,
regulations and ordinances. The City's exercise of any rights granted pursuant to the franchise is
subject to the exercise of the County's police powers, and other regulatory powers as it may have
or obtain in the future. No rights shall pass to the City by implication. This franchise does not
include permission to disturb or perform construction in the road rights-of-way for any purposes
others than the purposes expressly described herein.The City shall notify the County of any change
in use or condition of the utility facilities that may affect the status of the utility facilities or the
impact of the utility facilities upon the road rights-of-way.
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III. UTILITY PERMIT REQUIRED
The City shall not commence or perform work (hereafter "Work") to install, construct,
maintain,repair,replace, adjust,connect,disconnect,rebuild,or relocate its utility facilities within
the rights-of-way, without first applying for, paying all associated fees, and obtaining a utility
permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued,
the County may impose, as a condition of the granting the utility permit, such conditions and
regulations as may be necessary for the protection, preservation and management of the
rights-of-way, including, by way of example and not limitation, for the purpose of protecting any
structures in the rights-of-way, maintaining proper distance from other utilities, ensuring the
proper restoration of such rights-of-way and structures, and for the protection of the County and
the public and the continuity of pedestrian and vehicular traffic.
The City shall first file with the County Engineer or designee its application for a utility
permit to do such Work together with plans and specifications in triplicate showing at a minimum:
A. The position, depth and location of all such utility facilities sought to be constructed,
laid,installed or erected at that time,showing their relative position to existing county roads,rights-
of-way or other county property upon plans drawn to scale, hereinafter collectively referred to as
the"map of definite location;
B. The class and type of material and equipment to be used, manner of excavation,
construction, installation, backfill, erection of temporary structures, erection of pennanent
structures,traffic control, traffic turnouts and road obstructions;
C. The manner in which the utility facility is installed;
D. Measures taken to preserve safe and free flow of traffic;
E. Structural integrity of the roadway, bridge, or other structure;
F. Specifications for the restoration of the county road, right-of-way or other county
property in the event that the road right of way will be disturbed by the Work; and
G. Provision for ease of fixture road maintenance and appearance of the roadway.
Provision shall be made for known or planned expansion of the utility facilities,particularly those
located underground or attached to bridges or other structures within the road right-of-way.
The location, alignment and depth of the utility facilities shall conform with said map of
definite location, except in instances in which deviation may be allowed thereafter in writing by
the County Engineer pursuant to application by City.
All such Work shall be subject to the approval of and shall pass the inspection of the County
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Engineer or designee. The City shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work on account of granting the said utility pen-nits.
IV. RESTORATION OF RIGHT OF WAY
In any Work which disturbs or causes damage to the rights-of-way subject to this franchise,
public or private property,the City shall at its own expense and with all convenient speed,complete
the work to repair and restore the right-of-way, or the public or private property so disturbed or
damaged, and leave the same in as good or better condition as before the Work was commenced,
to the reasonable satisfaction of the County Engineer. The City shall pay all costs of and expenses
incurred in the examination, inspection and approval of such restoration or repair.
The County Commissioners and/or County Engineer may at any time do, order or have
done any and all work that they consider necessary to restore to a safe condition such County road
right-of-way or other County property left by the City or its agents in a condition dangerous to life
or property, and the City, upon demand, shall pay to the County all costs of such work.
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V. CITY WORK IN RIGHT OF WAY i
City expressly agrees and understands that, with regard to Work within the rights-of-way:
A. All of City's utility facilities and Work within the road rights-of-way or other County
property shall be in compliance with the provisions of Title 12 MCC, the Manual, the f
administrative regulations adopted by the County Engineer,other County established requirements
for placement of utility facilities in road rights-of-way, including the specific location of utility 1
facilities in the road rights-of-way, and all applicable laws, rules,regulations and ordinances; I
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B. In preparing plans and specifications for Work of utility facilities in the rights-of-way
the City shall use the Manual. Prior to commencement of work in the rights-of-way, City shall
submit such plans and specifications to the Mason County Engineer for review and approval i
together with adequate exhibits depicting existing or proposed location of the utility facility in
relation to the road, including right-of-way or easement lines; relationship to currently planned
road revisions,if applicable;and all locations and situations for which deviations in depth of cover
(including the proposed method of protection)or other locational standards that are anticipated;
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C. All Work to utility facilities located within the road rights-of-way or other county I
property subject to this franchise shall be done in such a manner as not to interfere, other than in
ways approved by the County,with the construction, operation and maintenance of other utilities,
public or private, drains, drainage ditches and structures, irrigation ditches and structures, located
therein,nor with the grading or improvements of such County roads,rights-of-way or other County
property;
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D. The owners and operators of all utility facilities (public or private) installed in the
Franchise Area or other county property prior in time to the utility facilities of the City, shall have
preference as to the alignment and location of such utilities so installed with respect to the City. j
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Such preference shall continue in the event of the necessity of relocating or changing the grade of
any such county road or right-of-way;
E. The City shall perform the Work and operate its utility facilities in a manner that
minimizes interference with the use of the rights-of-way by others, including others that may be
installing utility facilities; and
F. The County may require that City's utility facilities be installed at a particular time, at
a specific place,or in a particular manner as a condition of access to a particular right-of-way;may
deny access if a City is not willing to comply with the County's requirements; and may remove,or
require removal of, any utility facility that is not installed in compliance with the requirements
established by the County, or which is installed without prior County approval of the time, place,
or manner of installation and charge the City for all the costs associated with removal; and may
require City to cooperate with others to minimize adverse impacts on the rights-of-way through
joint trenching and other arrangements.
G. The County may inspect the utility facilities at any time reasonable raider the
circumstances to ensure compliance with this franchise and applicable law, including to ensure
that the utility facilities are constructed and maintained in a safe condition. If an unsafe condition
is found to exist,the County,in addition to taking any other action permitted under applicable law,
may order the City, in writing, to make the necessary repairs and alterations specified therein
forthwith to correct the unsafe condition on a time-table established by the County which is
reasonable in light of the unsafe condition. The County has the right to correct,inspect,administer,
and repair the unsafe condition if the City fails to do so,and to charge the City therefore. The right
of the County to conduct such inspections and order or make repairs shall not be construed to
create.an obligation therefore, and such obligation to construct and maintain its utility facilities in
a safe condition shall at all times remain the sole obligation of the City.
H. When required by the County, the City shall snake information available to the public
regarding any work involving the ongoing installation,construction,adjustment,relocation,repair
or maintenance of its utility facilities sufficient to show(1)the nature of the work being performed;
(2)where it is being perfonned; (3) its estimated completion date; and(4)progress to completion.
I. The City is placed on notice that fiber optic, communications, power, control systems,
other types of cables, and pipelines may be buried on the right of way. Before beginning any
underground work, the City will contact the appropriate personnel to have such facilities located
and make arrangements as to protective measures that must be adhered to prior to the
commencement of any work within the rights-of-way. In addition to the liability teens elsewhere
in this Agreement, the City shall indemnify and hold the County and its elected and appointed
officers, employees and agents harmless against and from all cost, liability, and expense
whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising
out of or in any way contributed to by any act or omission of the City, its contractor,agents and/or
employees, that cause or in any way or degree contribute to (1) any damage to or destruction of
any such facilities by the City, and/or its contractor, agents and/or employees, on the County's
property, (2) any injury to or death of any person employed by or on behalf of any entity, and/or
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its contractor, agents and/or employees, on the rights-of-way, and/or (3) any claim or cause of
action for alleged loss of profits or revenue, or loss of service,by a customer or user of services or
products of such company(ies) (collectively "Liabilities" for purposes of this Section V.I). The
only Liabilities with respect to which the City's obligation to indemnify the County and its elected
and appointed officers, employees and agents does not apply are Liabilities to the extent arising
out of, caused by or resulting from the negligence of the County, and its elected and appointed
officers,employees and agents and Liabilities that by law the County and its elected and appointed
officers, employees and agents for which the County cannot be indemnified.
J. The City shall continuously be a member of the State of Washington one number locator
service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable
rules and regulations.
K. Except in the event of emergency as described below, the City and its Agents may not
enter upon the Franchise Area to perform work for which a utility permit is not required, unless
and except upon two-business days notice to the County Engineer.
L. In the event of an emergency involving the threat of imminent harm to persons or
property, and for purposes of taking immediate corrective action, the City and its agents may
disturb or perform and maintenance activities in the Franchise Area without advance notice to the
County as long as such entry is for the sole purpose of addressing the emergency; provided
however, that if any entry for such purposes would require issuance of a utility permit, the City
shall give the County verbal or telephonic notice of the places where and the manner in which
entry is required prior to such entry, promptly followed by written notice. In all cases, notice to
the County shall be given as far in advance as practical prior to disturbing the right-of-way or as
soon as practicable after entry upon the right-of-Way.
M. The City shall promptly reimburse the County for its reasonable and direct costs
incurred in responding to an emergency that is caused, created by or attributable to the presence,
construction,maintenance,repair, or operation of the City's utility facilities in the rights-of-way.
N. If, during installation, construction, relocation,realignment, adjustment, maintenance,
or repair of the City's utility facilities in the rights-of-way, the City or its agents discover cultural
or historic artifacts,the City shall immediately notify the County of said discovery and shall protect
such artifacts in a manner as specified by the County.
VI. PROTECTION OF PUBLIC
All work done under this franchise shall be done in a thorough and workinan-like manner.
In the performance of Work within or near the rights-of-way, including without limitation, the
opening of trenches and the tunneling under county roads,rights-of way or other county property,
the City shall leave such trenches, ditches and tunnels in such a way as to interfere as little as
possible with public travel and shall take all due and necessary precautions to guard the same, so
that damage or injury shall not occur or arise by reason of such Work; and where any of such
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trenches, ditches and tunnels are left open at night, the City shall place warning lights,barricades
and other appropriate protective devices at such a position as to give adequate warning of such
Work. The City shall be defend, indemnify, and hold the County harmless against any claim for
injury to person or persons or damage to property sustained arising out of its carelessness or
neglect,or through any failure or neglect to properly guard or give warning of any trenches,ditches
or tunnels dug or maintained by the City.
VII. POLICE POWERS
The County, in granting this franchise, does not waive any rights which it now has or may
hereafter acquire with respect to county roads, rights-of-way or other county property and this
franchise shall not be construed to deprive the county of any powers, rights or privileges which it
now has or may hereafter acquire to regulate the use of and to control the county roads, rights-of-
way and other county property covered by this franchise. The County retains the right to
administer and regulate activities of the City up to the fiillest extent of the law. The failure to
reserve a particular right to regulate, or reference a particular regulation, shall not be interpreted
by negative implication or otherwise to prevent the application of a regulation to the City.
VIII. RELOCATION
City shall,in the course of any Work, comply with the following requirements:
A. The City shall, by a time specified by the County, protect, support, temporarily f
disconnect,relocate, or remove any of its utility facilities when required by the County by reason
of traffic conditions; public safety; road right-of-way constriction by the County; road
right-of-way repair (including resurfacing or widening
); change of right-of-way grade by the
County; the County's construction, installation, or repair of County-owned sewers, drains, water
pipes,power lines, signal lines,tracks,communications system, other public work,public facility,
or improvement of any government-owned utility,or for any other purpose where the County work
involved would be aided by the removal or relocation of the utility facilities. Collectively, such
matters are referred to below as the"Public Work."
The City acknowledges and understands that any delay by the City in performing the herein
described work may delay, lender, or interfere with the work performed by the County and its
contractors and subcontractors done in furtherance of such Public Work and result in damage to
the County, including but not limited to delay claims. The City shall cooperate with the County }
and its contractors and subcontractors to coordinate such City work to accommodate the Public
Work project schedules to avoid delay, hindrance of, or interference with the Public Work. The
County shall make available to the City a copy of the Six Year Transportation Program and the
County's annual construction program after adoption each year. It is anticipated these programs
will aid the City in planning construction programs.
B. The City has a duty to protect its utility facilities from work performed by the County l
within the road rights-of-way. The rights granted to the City herein do not preclude the County,
its employees, contractors,subcontractors,and agents from blasting,grading,excavating,or doing
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other necessary road work contiguous to the City's utility facilities; providing that, the City shall
be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that
the City may protect its utility facilities.
C. In the event of an emergency, or where the utility facility creates or is contributing to
an imminent danger to health, safety, or property, the County may protect, support, temporarily
disconnect, remove, or relocate any or all parts of the utility facility without prior notice, and
charge the City for costs incurred.
D. If any Person or entity that is authorized to place facilities in the road right of way
requests the City to protect, support,temporarily disconnect,remove, or relocate the City's utility
facilities to accommodate the construction, operation, or repair of the facilities of such other
person,the City shall, after 30 days'advance written notice, or within such other length of time as
is desired and reasonable under the circumstances, take action to effect the necessary changes
requested; provided that, if such project is related to or competes with City's service, or if the
effect of such changes would be to permanently deprive City of the beneficial enjoyment of this
franchise for its intended purposes through interference with the operation of City's utility facilities
or otherwise, City shall not be required to relocate its utility facilities. Unless the matter is
governed by a valid contract or a state or federal law or regulation, or unless the City's utility
facilities were not properly installed, the reasonable cost of the same shall be borne by the Person
requesting the protection, support, temporary disconnection, removal, or relocation at no charge
to the City or County, even if the County makes the request for such action.
The County will accept liability for direct and actual damages to the City that are the result of the
negligence of Mason County, its trustees, officers, employees, contractors, subcontractors or
agents while performing County improvement or Public Works projects enumerated in this
franchise agreement under Section VIII. Direct and actual damages are specifically limited to
physical damage to properly installed and located infrastructure of the City and the cost to repair
such physical damage. The County retains the right to-assert all applicable defenses in the event
of a dispute including contributory negligence on the part of the City. The County shall in no way
be liable for incidental damages claimed to arise from such actions.
All Work to be performed by the City under this section shall pass the inspection of the
County Engineer. The City shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work.
IX. PRESERVATION OF MONUMENTS/MARKERS
Before any work is performed under this franchise which may affect any existing
monuments or markers of any nature relating to subdivisions, plats, roads and all other surveys,
the City shall reference all such monuments and markers. The reference points shall be so located
that they will not be disturbed during the City's operations under this franchise. The method of
referencing these monuments or other points to be referenced shall be approved by the County
Engineer. The replacement of all such monuments or markers disturbed during construction shall
be made as expeditiously as conditions permit, and as directed by the County Engineer. The cost
of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by
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approved monuments shall be borne by the City.
A complete set of reference notes for monument and other ties shall be filed with the office
of the Mason County Engineer.
X. VACATION OF ROAD RIGHT-OF-WAY
If at any time the County shall vacate any County road, right-of-way or other County
property which is subject to rights granted by this franchise and said vacation shall be for the
purpose of acquiring the fee or other property interest in said road, right-of-way or other county
property for the use of Mason County, in either its proprietary or governmental capacity, then the
Board of Mason County Commissioners may, at its option, and by giving thirty(30) days written
notice to the City, terminate this franchise with reference to such county road, right-of-way or
other county property so vacated, and the County of Mason shall not be liable for any damages or
loss to the City by reason of such termination. Provided, however, that the County shall reserve
an easement for the City facility in the property being vacated,which easement shall preserve the
City's ability to maintain, construct, and replace its facilities as needed. If City facilities must be
disconnected, relocated, or removed due to the vacation of a County right-of-way for the benefit'
of a private property owner, the County shall ensure that any benefitted private property owners
pay the full cost of relocating the facilities and furnish sufficient easements to accommodate the
relocated utilities.
XI. FINANCIAL SECURITY
A. Insurance Except as otherwise provided herein, the City shall maintain for itself
throughout the entire period any part of the City's utility facilities are located in the Franchise
Area, adequate insurance to protect the Parties and their elected and appointed officers, agents,
employees against all liability arising out of City's use and.occupancy of the Franchise Area or
any part thereof. This obligation shall require the City to maintain insurance at least in the
following amounts:
1. COMMERCIAL GENERAL LIABILITY insurance to cover liability,bodily
injury, and property damage. The Commercial General Liability insurance shall be written on an
occurrence basis, with an aggregate limit location endorsement for the Franchise Area, and shall
provide coverage for any and all costs, including defense costs, and losses and damages resulting
from personal injury, bodily injury and death, property damage, products liability and completed
operations. Such insurance shall include blanket contractual coverage,including coverage for the
Franchise as now or hereafter amended and specific coverage for the indemnity provisions set forth
herein. Coverage must be written with the following limits of liability:
Bodily and Personal Injury&Property Damage
$ 1,000,000 per Occurrence
$ 2,000,000 aggregate
2. WORKERS' COMPENSATION insurance shall be maintained to comply with
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statutory limits for all employees, and in the case any work is sublet, the City shall require its
contractors and subcontractors similarly to provide workers' compensation insurance for all the
employees. The City shall also maintain, during the life of this policy, employer's liability
insurance; provided that this obligation shall not apply to any time period during which City has
no employees. The following minimum limits must be maintained:
Workers' Compensation Statutory
Employer's Liability $ 1,000,000 each occurrence
3. COMPREHENSIVE AUTO LIABILITY insurance shall include owned, hired,
and non-owned vehicles operated by City employees on an occurrence basis with coverage of at
least$2,000,000 per occurrence.
If the City, its contractors, or subcontractors do not have the required insurance, the County may
require such entities to stop operations until the insurance is obtained and approved.
Certificates of Insurance reflecting evidence of the required insurance and approved by the
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County's Risk Manager for the GENERAL LIABILITY policies described above,shall be sent to
the County's risk manager. The certificate shall be filed with the acceptance of the franchise, and
annually thereafter, and as provided below. All coverage shall be listed all on one certificate with
the same expiration dates.
The certificates shall contain a provision that coverages afforded under these policies will not be
canceled until at least 30 days'prior written notice has been given to the County.
In the event that the insurance certificate provided indicates that the insurance shall terminate or
lapse during the period of the franchise, then, in that event, the City shall furnish, at least 30 days
prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof
that equal and like coverage has been or will be obtained prior to any such lapse or termination
during the balance of the period of the franchise.
The County reserves the right, during the term of the franchise, to require any other insurance I
coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk
management practices and principals based upon the loss exposures.
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Each insurance policy required pursuant to this franchise shall be primary and non-contributing as
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respects any coverage maintained by the County and shall include an endorsement reflecting the
same. Any other coverage maintained by County shall be excess of this coverage herein defined
as primary and shall not.contribute with it. The certificate of insurance must reflect that the above
wording is included in all such policies. f
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Each insurance policy obtained pursuant to this franchise shall be issued by financially sound
insurers who may lawfully do business in the State of Washington with a financial rating at all
times during coverage of no less than rating of"A"and a class of"X"or better in the latest edition
of`Best's Key Rating Guide"published by A.M. Best Company, or such other financial rating or
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rating guide approved in writing by the County's risk manager. In the event that at any time during
coverage, the insurer does not meet the foregoing standards, City shall give prompt notice to the
County and shall seek coverage from an insurer that meets the foregoing standards. The County
reserves the right to change the rating or the rating guide depending upon the changed risks or
availability of other suitable and reliable rating guides.
Comprehensive general liability insurance policies and coverage obtained pursuant to this
franchise shall include an endorsement (standard ISO form CG 24-17) deleting all exclusions
for work or incidents occurring within any distance from a railroad track or railroad property, or
on,over, or under a railroad track.
Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless
approved of by the County Risk Manager or designee.
City and City's Contractors' insurers, through policy endorsement, shall waive their rights of
subrogation against the County for all claims and suits. The certificate of insurance must reflect
this waiver of subrogation rights endorsement.
Commercial General Liability Insurance policies and coverage required herein of public utility
operators may include a reasonable deductible or self-insured retention; provided, however, that
as to any Loss or Damage covered as provided herein, if City elects to include any deductible or
self-insured retention, City shall itself directly cover, in lieu of insurance, any and all County
liabilities that would otherwise in accordance with the provisions of this Franchise be covered by
City's insurance if City elected not to include a deductible or self-insured retention. Such direct
coverage by City shall be in an amount equal to the amount of City's actual deductible or
self-insured retention. City shall be required to provide a certification of self-insurance retention
to the county in a form and content acceptable to the County engineer.
B. Performance/Payment Bond.
For any construction or maintenance work that is let by contract, the City may satisfy the
performance bond requirement of this Section by demonstrating that the project is appropriately
bonded in accordance with State law prior to work commencing
C. Limitation of Liability.
To the fullest extent permitted by law, the City shall, and shall cause its contractor(s) to release,
indemnify, defend and hold harmless the county and the county's legal representatives, officer
(elected or), appointed) employees and agents(collectively,"indemnitees") for, from and against
any and all claims, liabilities, fines,penalties, cost, damages, losses, liens, causes of action, suits,
demands,judgments and expenses (including,without limitations, court costs, attorneys' fees and
costs of investigation,removal and reimediation and governmental oversight costs),environmental
or otherwise(collectively"liabilities") of any nature, kind,or description, of any person or entity,
directly or indirectly, arising out of,resulting from the City's performance of its rights and duties
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under this franchise, or from the presence of the City's utilities in the right-of-way.
Upon written notice from the county, City agrees to assume the defense of any lawsuit or other
proceeding brought against any indemnitee by any entity, relating to any matter covered by this
franchise for which City has an obligation to assume liability for and/or save and hold harmless
any indemnitee. City shall pay all cost incident to such defense, including, but not limited to,
attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments and
amounts paid in satisfaction of judgments. City willfully satisfy said judgment within ninety(90)
days after said suit or action shall have finally been determined if determined adversely to Mason
County. Upon the City's failure to satisfy said judgment within the ninety (90) day period, this
franchise shall at once cease and terminate.
Acceptance by the County of any Work performed by the City at the time of completion shall not
be grounds for avoidance of this covenant.
XI1. FRANCHISE NONEXCLUSIVE
This franchise shall not be deemed to be an exclusive franchise. It shall in no manner
prohibit the County from granting other utilities under, along, across, over and upon any of the
County roads, rights-of-way or other County property subject to this franchise and shall in no way
prevent or prohibit the County from constructing, altering,maintaining or using any of said roads,
rights-of-way,drainage structures or facilities,irrigation structures or facilities,or any other county
property or affect its jurisdiction over thetas or any part of them with full power to make all
necessary changes, relocations,repairs,maintenance, etc.,the same as the county may deem fit.
XIII. ANNEXATION
Whenever any of the County roads, rights-of-way or other county property as designated
in this franchise, by reason of the subsequent incorporation of any city, or extension of the limits
of any city, shall fall within the city limits and shall by operation of law or otherwise terminate in
respect to the said roads, rights-of-way or other county property so included with city or town
limits; this franchise shall continue in force and effect to all county roads, rights-of-way or other
county property not so included in city or town limits.
XIV. REMEDIES FOR DEFAULT
A. Remedies. The County has the right to exercise any and all of the following remedies,
singly or in combination, in the event of Default. "Default" shall mean any failure of City or its
agents to keep, observe, or perform any of City's or its agent's duties or obligations under this
franchise and continue in this failure after receiving notice of default from the County and a
reasonable time to cure the default:
1. Damages. City shall be liable for any and all damages incurred by County as a
result of the City's Default.
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2. Specific Perfonnance. County shall be entitled to specific performance of each
and every obligation of City under this franchise without any requirement to prove or establish
that County does not have an adequate remedy at law. The City hereby waives the requirement of
any such proof and acknowledges that County would not have an adequate remedy at law for City's
commission of an Event of Default hereunder.
3. Injunction. County shall be entitled to restrain, by injunction, the actual or
threatened commission or attempt of an Event of Default and to obtain a judgment or order
specifically prohibiting a violation or breach of this Agreement without, in either case, being
required to prove or establish that County does not have an adequate remedy at law. The City
hereby waives the requirement of any such proof and acknowledges that County would not have
an adequate remedy at law for the City's commission of an Event of Default hereunder.
4. Alternative Remedies. Neither the existence of other remedies identified in this
franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County
to commence an action for equitable or other relief, and/or proceed against the City and any
guarantor for all direct monetary damages, costs and expenses arising from the Default and to
recover all such damages, costs and expenses, including reasonable attorneys' fees. Remedies are
cumulative; the exercise of one shall not foreclose the exercise of others.
XV. SUBSEQUENT ACTION
In the event that after this franchise becomes effective, (a) there is a change in the law
which broadens the authority of the County or the City with respect to any act permitted or
authorized under this franchise; or (b)the County or the City believe that amendments to this
franchise are necessary or appropriate, then the County of Mason and the City agree to enter into
good faith negotiations to amend this franchise so as to enable the Parties to address, in a manner
reasonably acceptable to all Parties,such change or other development which formed the basis for
the negotiations. The Parties recognize that the purpose of the negotiations would be to preserve,
to the maximum extent consistent with law, the scope and purpose of this franchise.
Mason County reserves for itself the right at any time upon ninety(90)days written notice
to the City, to so change, amend, modify or amplify any of the provisions or conditions herein
enumerated to conform to any state statute or county regulation, relating to the public welfare,
health, safety or highway regulation, as may hereafter be enacted, adopted or promulgated. This
franchise may be terminated at such time a public hearing is held by the Board of County
Commissioners, and the City's utility facilities are found not to be operated or maintained in
accordance with such statute or regulation, after providing the City a reasonable amount of time,
which may exceed 90 days depending on the circumstances, to confonn its facilities to the statute
or regulation.
XVI. ACCEPTANCE
The City shall execute and return to the County a signed acceptance of the franchise granted
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hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit"A",
and in accepting the franchise,the City warrants that it has carefiilly read the terms and conditions
of this franchise and accepts all of the terms and conditions of this franchise and agrees to abide
by the same and acknowledges that it has relied upon its own investigation of all relevant facts,
that it has had the assistance of counsel, that it was not induced to accept a franchise, that this
franchise represents the entire agreement between the City and the County. In the event the City
fails to submit the countersigned ordinance and acceptance as provided for herein within the time
limits set forth in this section, the grant herein is and shall become null and void.
XVII. MISCELLANEOUS PROVISIONS
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A. Controlling Law/Venue. Any disputes concerning the application or interpretation of
any of the provisions of this franchise shall be governed by the laws of the State of Washington.
Venue of any action or arbitration brought under this franchise shall be consistent with RCW
36.01.050. l
B. Liens. City shall promptly pay and discharge any and all liens arising out of any Work
done, suffered or permitted to be done by City on any Franchise Area.
C. Waiver. No waiver by either party of any provision of this franchise shall in any way
impair the right of such party to enforce that provision for any subsequent breach, or County's
right to enforce all other provisions of this franchise.
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D.Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the
terms of this franchise,the Parties shall bear their own costs, including attorney fees.
E. Amendment. This franchise may be amended only by a written contract signed by
authorized representatives of City and County.
F. Severability. If any provision of this franchise is held to be illegal, invalid or i
unenforceable under present or firture laws, such provision will be fully severable and this
franchise will be construed and enforced as if such illegal, invalid or unenforceable provision is
not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu
of any illegal, invalid or unenforceable provision herein, there will be added automatically as a
part of this franchise; a provision as similar in its terms to such illegal, invalid or unenforceable
provision as may be possible and be legal, valid and enforceable.
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H. Notices. Any notice contemplated, required, or permitted to be given under this
franchise shall be sufficient if it is in writing and is sent either by: (a)registered or certified snail,
return receipt requested;or(b)a nationally recognized overnight snail delivery service,to the Party
and at the address specified below, except as such Party and address may be changed by providing
notice to the other Party no less than thirty (30) days' advance written notice of such change in
address.
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City: City of Shelton
525 West Cota Street
Shelton WA 98584-5034
Attn: City Manager and Public Works Director
Grantor: County of Mason Public Works
100 Public Works Drive
Shelton,WA 98584
I. Approvals. Nothing in this franchise shall be deemed to impose any duty or obligation
upon the County to determine the adequacy or sufficiency of the City's plans and specifications or
to ascertain whether the City's proposed or actual construction, testing, maintenance, repairs,
replacement, relocation, adjustment or removal is adequate or sufficient or in conformance with
the plans and specifications reviewed by the County. No approval given, inspection made,review
or supervision performed by the County pursuant to this franchise shall constitute or be construed
as a representation or warranty express or implied by the County that such item approved,
inspected, or supervised, complies with laws, rules regulations or ordinances or this franchise or
meets any particular standard, code or requirement, or is in conformance with the plans and
specifications,and no liability shall attach with respect thereto.County and inspections as provided
herein, are for the sole purpose of protecting the County's rights as the owner or manager of the
road rights-of-way and shall not constitute any representation or warranty, express or implied, as
to the adequacy of the design, construction, repair, or maintenance of the utility facilities,
suitability of the Franchise Area for construction, maintenance, or repair of the utility facilities,or
any obligation on the part of the County to insure that work or materials are in compliance with
any requirements imposed by a governmental entity. The County is under no obligation or duty
to supervise the design, construction, installation, relocation, adjustment, realignment,
maintenance,repair, or operation of the utility facilities.
J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to
perform an obligation set forth herein to the extent such failure is caused by war, act of terrorism
or an act of God,provided that such Party has made and is making all reasonable efforts to perform
such obligation and minimize any and all resulting loss or damage.
K. Construction. All pronouns and any variations thereof shall be deemed to refer to the
masculine,feminine or neuter,singular or plural,as the identity of the Party or Parties may require.
The provisions of this franchise shall be construed as a whole according to their common meaning,
except where specifically defined herein, not strictly for or against any party and consistent with
the provisions contained herein in order to achieve the objectives and purposes of this franchise.
L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of
this franchise or in the firture as contemplated herein, are hereby incorporated by reference as
though fully set forth herein.
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M. Calculation of Time. All periods of time referred to herein shall include Saturdays,
Sundays, and legal holidays in the State of Washington, except that if the last day of any period
falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be
extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of
Washington.
N. Entire Agreement. This franchise is the Rill and complete agreement of County and
City with respect to all matters covered herein and all matters related to the use of the Franchise
Area by the City and the City's Contractors, and this franchise supersedes any and all other
agreements of the Parties hereto with respect to all such matters, including,without limitation, all
agreements evidencing the franchise.
O. No Recourse. Without limiting such immunities as the County or other persons may
have under applicable law, the City shall have no monetary recourse whatsoever against the
County or its officials, boards, commissions, agents, or employees for any loss or damage arising
out of the County's exercising its authority pursuant to this Franchise or other applicable law.
P. Responsibility for Costs. Except as expressly provided otherwise, any act that the City
is required to perform under this franchise shall be performed at its cost. If the City fails to perform
work that it is required to perform within the time provided for performance, the County may
perform the work and bill the City. The City shall pay the amounts billed within 30 days.
Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors is
subject to the same restrictions, limitations, and conditions as if the work was performed by the
City. The City shall be responsible for all work performed by its contractors and subcontractors,
and others performing work on its behalf,under its control, or under authority of its utility permit,
as if the work were performed by it and shall ensure that all such work is performed in compliance
with this franchise, Title 12 MCC, the Manual and other applicable law, and shall be jointly and
severally liable for all damages and correcting all damage caused by theirs. It is the City's
responsibility to ensure that contractors, subcontractors, or other Persons performing work on the
City's behalf are familiar with the requirements of the franchise, Title 12 MCC, the Manual, and
other applicable laws governing the work performed by them.
R. Term of Franchise and Survival of Terms. The term of this Franchise shall be for a
period of LO years with automatic renewal at the end of the 10-year term unless either party gives
the other written notice of termination at least 30 days prior to the end of the relevant term from
and after the date of the entry of this order for the purposes, at the location(s), and upon the
express terms and conditions as described herein.
Upon the expiration,termination,revocation or forfeiture of the franchise,the City shall no longer
have the right to occupy the franchise area for the purpose of providing services authorized herein.
However, the City's obligations under this franchise to the County shall survive the expiration,
termination,revocation or forfeiture of these rights according to its terms for so long as the City's
utility facilities shall remain in whole or in part in the road rights of way. By way of illustration
and not limitation, City's obligations to indemnify,defend and hold harmless the County,provide
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insurance and a performance/payment bond pursuant to Section XI and City's obligation to
relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the City,
notwithstanding any expiration,termination,revocation or forfeiture of the franchise,except to the i
extent that a County-approved transfer, sale, or assignment of the utility system is completed, and
another entity has assumed Rill and complete responsibility for the utility system or for the relevant
acts or omissions.
S. Warranties. By acceptance of this franchise, City warrants: I
1. That City has full right and authority to enter into and perform this Franchise
in accordance with the terms hereof, and by entering into or performing this Franchise, City is not
in violation of its,charter or by-laws, or any law,regulation, or agreement by which it is bound or
to which it is subject; and
2. That the execution, delivery, and performance of this Franchise by City has been duly
authorized by all requisite City Council action,that the signatories for City of the acceptance hereof
are authorized to sign this Franchise. i
E
A hearing before the County Commissioners of Mason County, Washington was held, on the
day of , 20 , at the hour of 9:15am, under the provisions of 1
RCW 36.55, RCW 80.32.010 and RCW 80.36.040, and it appearing to the Board that notice of
said hearing has been duly given as required by law
DATED at Shelton,Washington this day of 20_.
BOARD OF COMMISSIONERS
APPROVED: MASON COUNTY,WASHINGTON
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C my rfgine r Chair
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Approve as to form: I
Vice Chair
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Chief D.P.A.
Commissioner
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Exhibit A
ACCEPTANCE OF FRANCHISE
County Ordinance No. 115-06, effective November 14,2006. 11
am the c. of
and am the authorized representative to accept the above-referenced franchise on behalf of
I certify that this franchise and all terms and conditions thereof are accepted by
al ,without qualification or reservation.
DATED this day of , 20 a-
CITY
By:
Its:
Tax Id.No.
STATE OF )
Lj ss.
COUNTY OF
I certify that I know or have satisfactory evidence that C hf/ IV ` /� is the
person who appeared before me,and said person acknowledged that he/she signed t is' strume t,on oath stated
that he/�was authorized_rn execute the instrument and acknowledged it as the, n
of the i to be the free and voluntary act of such party foi'ftie uses
and purpOes me tiD .m lein1tV ent.
Dated:
Notary Public�p�
:DND NAULT printName Public
ashington My commission expires �UljCn#208736My Cores Jul 18,2023
A
EXHIBIT B
Description of Franchise Area
All Mason County maintained roads and right-of-way within City of Shelton city limits and
within the City Urban Growth Area.
B
RECORDED AT THE REQUEST OF
AND AFTER RECORDING RETURN TO:
County of Mason
100 West Public Works Drive
Shelton WA 98584
Attn: County Engineer
Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington
Grantee: City of Shelton
Legal Description of Benefited Property
Legal Description: All Mason County maintained roads and rights-of-way within the City of
Shelton city limits and the City Urban Growth Area