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2021/08/31 - Regular Packet
oerk MASON COUNTY TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed: FROM: Ginger Kenyon Ext. 380 DEPARTMENT: Support Services Action Agenda DATE: August 31, 2021 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following, Liquor License Change of Location for Zech Interiors and Designs and Twisted Sisters Gardens LLC, Liquor and Marijuana License due to expire, Marijuana Cooperative Registration location 1190 East Agate Rd. 4.1.2 Washington State Dept. of Transportation sent in a letter regarding Highway Advertising Control. Attachments: Originals on file with the Clerk of the Board. Cc:CMMRS Neatherlin, Shutty, Trask Washington State Clerk . Liquor and Cannabis Board p ���`�d 6>� �� f��1 S�� ,�/.Sea,l K. fft Ail-),e- NOTICE OF LIQUOR LICENSE APPLICA'1'IUN WASHINGTON STATE LIQUOR AND CANNABIS BOARD License Division - P.O. Box 43098 Olympia,WA 98504-3098 Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: http://lcb.wa.gov TO: MASON COUNTY COMMISSIONERS RETURN TO:localauthority@sp.lcb.wa.gov RE: CHANGE OF LOCATION APPLICATION DATE: 8/13/21 from ZECH INTERIORS AND DESIGN APPLICANTS: 23299 STATE HWY 3 BLDG A-2 BELFAIR WA 98528-9324 ISLAND BELLE, LLC License: 426729 -2N County: 23 ZECH, DONALD GERARD U B I: 602-746-853-001-0002 1956-11-05 Tradename:ZECH INTERIORS AND DESIGN ZECH,TAMMIE ZALE1957-09-05 New Loc: 30 NE ROMANCE HILL RD. STE 101 BELFAIR WA 98528 Mail: PO BOX 2434 BELFAIR WA 98528-2434 Phone No.: 360-552-2733 DONALD ZECH Privileges Applied For: IVIFD DIRECT SHIPMENT RECEIVER-IN/OUT WA BEER/WINE SPECIALTY SHOP ALlG 1 b Mason County Commissioners As required by RCW 66.24.010(8), the Liquor and Cannabis Board is notifying you that the above has applied for a liquor license. You have 20 days from the date of this notice to give your input on this application. If we do not receive this notice back within 20 days,we will assume you have no objection to the issuance of the license. If you need additional time to respond, you must submit a written request for an extension of up to 20 days, with the reason(s) you need more time. If you need information on SSN,contact our C11RI desk at (360) 664-1724. YES NO 1. Do you approve of applicant? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 2. Do you approve of location? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ 3. If you disapprove and the Board contemplates issuing a license, do you wish to request an adjudicative hearing before final action is taken? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ (See WAC 314-09-010 for information about this process) 4. If you disapprove,per RCW 66.24.010(8) you MUST attach a letter to the Board detailing the reason(s) for the objection and a statement of all facts on which your objection(s) are based. DATE SIGNATURE OF MAYOR,CITY MANAGER,COUNTY COMMISSIONERS OR DESIGNEE Cc:CMMRS Neatherlin, Shutty, I rask Clerk p.U)►v1 J tr n A pc ,,See Licensing and Regula on(4t� p\ Washington State PO Box 43098 Liquor and Cannabis Board Olympia WA 98504-3098 Phone—(360) 664-1600 Fax—(360)753-2710 August 23, 2021 TWISTED SISTERS GARDENS LLC 7419 FAIR OAKS RD SE OLYMPIA, WA 98513-5122 Re: LUNA NW R,E Iie- 160 W WESTFIELD COURT UNIT E-1 SHELTON, WA 98557 LICENSE #432529 - 7A UBI 603-357-630-001-0003 Mason Cot.nty Prior License No. 415672 Your application for change of location has been approved with the following privilege(s): MARIJUANA PRODUCER TIER 1 MARIJUANA PROCESSOR This license is valid through December 31, 2021. You must post this letter in a public service area as your temporary operating permit. If you do not receive your Business License with marijuana endorsements in 15 days, contact Business License Service/Specialty Licenses at (360) 705-6744. The conditions of your original marijuana license also apply to the license at your new location. To begin accessing Leaf Data Systems for traceability, you will need to contact Leaf Data System at 855-657-2372. For compliance questions please contact your enforcement officer at 253-341-5889. 7&a,0 W ROklt ,09/BAM Marijuana Licensing Specialist 3 60-664-1694 Cc: Enforcement Office Mason County Commissioners File DECISIONS Cc:CMMRS Neatherlin, Shutty, Trask Clerk Washington State Liquor and Cannabis Board PO Box 43098 , Olympia WA 98504-3098, (360) 664-1600 www.liq.wa.gov Fax #: (360) 753-2710 August 06, 2021 Dear Local Authority: RE: Liquor License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of liquor-licensed premises in your jurisdiction whose liquor licenses will expire in about 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 66.24.010 (8) . 1 ) Objection to License Renewal To object to a liquor license renewal: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. This letter must: o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 66.24.010 (8) (d) . Your letter or fax of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date. If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submit objections. Your request for extension will be granted or denied in writing. If objections are not timely received, they will not be considered as part of the renewal process. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent liquor license is placed on hold. However, temporary licenses are regularly issued to the licensee until a final decision is made by the Board. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the liquor license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their liquor license. RCW 66.24.010 (8) (d) . If the licensee makes a timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. 5) Procedure if Board Renews License Over Your Objection If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIO 864 07/10 C091080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE : 08/06/2021 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20211130 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 SHELTON BREWING LLC POTLATCH BREWING CO. 430180 MICROBREWERY 24180 N US HIGHWAY 101 STE A FARMER'S MARKET BEER SALES HOODSPORT WA 98548 9482 2 . LAKE CUSHMAN HOLDINGS LLC LAKE CUSHMAN CAFE 085080 BEER/WINE REST - BEER/WINE 2440 LAKE CUSHMAN RD HOODSPORT WA 98548 9784 3 RRW KIM, INC DEER CREEK STORE 351579 GROCERY STORE - BEER/WINE 5881 E HWY 3 SHELTON WA 98584 0000 4 . HOME MEAT SERVICE INC. HOME MEAT SERVICE 430755 GROCERY STORE - BEER/WINE 341 SE TAYLOR RD STE 100 SHELTON WA 98584 0000 5 HUNTER FARMS I, LLC HUNTER FARMS 076551 GROCERY STORE - BEER/WINE E 1921 HWY 106 GROCERY STORE - BEER/WINE UNION WA 98592 0000 CC:CMMRS Neatherlin, Shutty, Trask Clerk Washington State Liquor and Cannabis Board P 0 BOX 43098 www.liq.wa.gov Fax #: (360) 753-2710 August 06, 2021 Dear Local Authority: RE: Marijuana License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of marijuana licensed premises in your jurisdiction whose marijuana licenses will expire in abount 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 69.50.331 (7) . 1 ) Objection to License Renewal To object to a marijuana license rnewal: This letter must: fax or mail a letter to the Washington State Liquor and Cannabis Board (WS-LCB) Licensing Division. o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. o You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 69.50.331 (7) (c) . Your letter of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date (WAC 314-55-165) . If you need additional time you must request that in writing. Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submiti objections. Your request for extension will be granted or denied in writing. If the objection is received within thirty days of the expiration date or the licensee has already renewed the license, the objection will be considered as a complaint and possible license revocation may be pursued by the enforcement division. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent marijuana license is placed on hold. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the marijuana license, or to proceed with non-renewal. 4) Procedure if Board Does Not Renew License (WAG 314-55-165 (2) (b) ) If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non-renewal of their marijuana license. If the licensee makes timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the at the hearing before an administrative law judge to support the non-renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order 9onobheiBgatHbirrd9i(ewioi1be Board members have final authority to renew the marijuana license and will enter a final 5) Procedure if Board Renews License Over Your Objection (WAC 314-55-165 (2) (a) ) If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the marijuana license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov. Sincerely, Rebecca Smith Rebecca Smith, Director, Licensing and Regulation Division LIO 864 07/10 C092080-2 WASHINGTON STATE LIQUOR AND CANNABIS BOARD DATE : 08/06/2021 LICENSED ESTABLISHMENTS IN UNINCORPORATED AREAS COUNTY OF MASON (BY ZIP CODE) FOR EXPIRATION DATE OF 20220131 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 COOPERATIVE49 COOPERATIVE52 424791 MARIJUANA COOPERATIVE 40 N SUNCREST DR HOODSPORT WA 98548 0000 2 . TRIPLE R FARMS, LLC TRIPLE R FARMS 413626 NON-RETAIL PRIVILEGES 50 W WESTFIELD CT UNIT B&D MARIJUANA PROCESSOR SHELTON WA 98584 0000 3 SHELTON RETAIL ENTERPRISES LLC FLOYDS 430798 MARIJUANA RETAILER 931 E JOHNS PRAIRIE RD MEDICAL MARIJUANA ENDORSEMENT SHELTON WA 98584 1270 4 . SOUTH COLBY INVESTORS LLC SOUTH COLBY INVESTORS 416268 NON-RETAIL PRIVILEGES 111 NE RANCH DR STE C MARIJUANA PROCESSOR TAHUYA WA 98588 9773 8'17/2021 Mail-GKen on masoncount Cc:CMMRS Neatherlin, Shutty, Trask v @ ywa.gov Clerk O. Ond 0lu .A,P4q J« NOTICE OF MARIJUANA COOPERATIVE REGISTRATION WASHINGTON STATE LIQUOR AND CANNABIS BOARD Marijuana Licensing Division 3000 Pacific Ave SE, PO Box 43075 - -------------------------------- -------------- Olympia, WA 98504-3075 ----------------------------------- Customer Service: (360) 664-1600 Fax: (360) 753-2710 Website: www.Icb.wa.gov Date: August 17, 2021 TO: Mason County Commissioners _. RE: MARIJUANA COOPERATIVE REGISTRATION U B I: 9000001800000000 .E•: t' i' REGISTRATION: #432370 Mason County Corrinnissior�ers LOCATION ADDRESS: 1190 East Agate ., -----------------------Rd--------Shelton---------WA 98584 --------------- Privilege Applied For: MARIJUANA COOPERATIVE REGISTRATION Per RCW 69.51A.250 and WAC 314-55-410, the Liquor and Cannabis Board is notifying you that an application has been submitted for the registration of a marijuana cooperative with a proposed location that is within your jurisdiction. You have 20 days from the date of this notice to respond regarding the registration of this marijuana cooperative. If the Liquor and Cannabis Board does not receive this notice, or your response to this notice, back within the 20 days, then it will be assumed that you have no objection to the registration of this marijuana cooperative. If additional time is needed to respond to this notice submit a written request with the reason more time is needed, for an extension of up to 20 days. Please respond to this notice if you disapprove of the registration of this marijuana cooperative. The information about the marijuana cooperative contained within this notice, including the proposed location for the cooperative, is exempt from public disclosure per RCW 42.56.630 and it should be treated accordingly. https://owa.co.mason.wa.us/owa/#path=/mail 2 2 8/17/2021 Mail-GKenyon@masoncountywa.gov a RE: 432370 - 7A - 8F - Proposed New Cooperative 180 - Local Authority Notification Becker, Aimee (LCB) <aimee.becker@Icb.wa.gov> Tue 8/17/2021 3:59 PM To:Ginger Kenyon <GKenyon@masoncountywa.gov>; Hello Ginger, I also wondered why the cooperative notices don't have a place for names. Maybe because it's for personal medical use and not for sale to the public. I've provided the names of the applicants for you below: Taj Jackson Lonna Jackson Douglas Jackson Theresa Soilean 'Thank you, Aimee Becker Cannabis Licensing Specia(ist Senior 000�Washington State Liquor and Cannabis Board 1025-Union-Ave-S. .--I-Olympia- - -,-Washington- 98501 ------ ------- ---- ---E- ---- --- - ------- -- Phone: 360.664.98261 e-mail: aimee.becker(@Icb.wa.ggv 1 www.lcb.wa.gov Work Schedule: Tuesday through Friday—6:OOam to 4:30pm From: Ginger Kenyon <GKenyon@masoncountywa.gov> Sent:Tuesday, August 17, 2021 3:55 PM To: Becker,Aimee (LCB) <aimee.becker@lcb.wa.gov> Subject: Re:432370-7A-8F- Proposed New Cooperative 180- Local Authority Notification External Email Hello Aimee, I was wondering whom the registration belongs too, there is no name listed in the email? Thank you Ginger From: Becker,Aimee (LCB) <aimee.becker@lcb.wa.gov> Sent:Tuesday,August 17, 2021 2:36:32 PM To: Ginger Kenyon; McKenzie Smith Cc:Young Fame; Zado, Brent(LCB); Bolender,Joshua L(LCB);Verona, Belinda D (LCB);Jennings, Michael (LCB) Subject:432370-7A-8F- Proposed New Cooperative 180- Local Authority Notification https://owa.co.mason.wa.us/owa/#path=/mail 112 Cc:CMMRS Neatherlin, Shutty, Trask Clerk Aft Washington State Transportation Building MAP Department of Transportation 310 Maple Park Avenue S.E. P.O.Box 47300 Olympia,WA 98504-7300 360-705-7000 TTY. 1-800-833-6388 www.wsdot.wa.gov August 10th, 2021 Mason County LEE SEA E13 411 N 5th St Shelton, WA 98584-3400 Mason County CERTIFIED Ccrn„Z ssioners Subject: Highway Advertising Control - Signs Located on Parcel #42002-13- 90080 in Mason County To Whom it May Concern, The Department of Transportation is directed by state law to regulate signs located on private property and visible to certain highways. The statutes and regulations governing allowable signs are provided in Chapter 47.42 (Scenic Vistas Act) of the Revised Code of Washington (RCW), and Chapter 468-66 (Highway Advertising Control Act) of the Washington Administrative Code (WAC). Accordingly, the department conducts periodic reviews of state highway corridors to fulfill its statutory obligation. A review of US Highway 101 near milepost 343.45 revealed an advertising sign displaying the message for Richard Beckman Realty Group, LLC. (See enclosed picture) The Department is notifying you that the sign is being illegally maintained. The sign is advertising for a business not located on the property and therefore is off- premise advertising. Off-premise advertising signs require WSDOT permits pursuant to RCW 47.42.120. Therefore, under RCW 47.42.080, the signs are declared to be a public nuisance and must be removed within 15 days of your receipt of this letter. The department is providing you with the opportunity to voluntarily remove the signs and sign structures without issuing a formal complaint or initiating enforcement action against you. Failure to remove the signs within 15 days will cause the department to begin formal abatement procedures through the Attorney General's Office. )-, ) AN ) A - tlil)t �l - 1 —127 W Dayton A' - �!a?"w tS SheltonM,v4 Unit } - • States l fi won F"�`r" Mhr Crrouy ' � '� 360-426-3541 • RCW 47.42.120 Permits—Application—Fees—Renewal—Permissible acts—Revocation. Notwithstanding any other provisions of this chapter, no sign except a sign of type 1 or 2 or those type 3 signs that advertise activities conducted upon the properties where the signs are located, may be erected or maintained without a permit issued by the department.Application for a permit shall be made to the department on forms furnished by it.The forms shall contain a statement that the owner or lessee of the land in question has consented thereto. For type 8 signs(temporary agricultural directional signs),when the land in question is owned by the department,the consent statement must be reviewed and, if the sign does not create a safety concern, be approved within ten days of application by the department.The application shall be accompanied by a fee established by department rule to be deposited with the state treasurer to the credit of the motor vehicle fund. Permits shall be for the remainder of the calendar year in which they are issued,and accompanying fees shall not be prorated for fractions of the year. Permits must be renewed annually through a certification process established by department rule.Advertising copy may be changed at any time without the payment of an additional fee. Assignment of permits in good standing is effective only upon receipt of written notice of assignment by the department.A permit may be revoked after hearing if the department finds that any statement made in the application or annual certification process was false or misleading,or that the sign covered is not in good general condition and in a reasonable state of repair,or is otherwise in violation of this chapter, if the false or misleading information has not been corrected and the sign has not been brought into compliance with this chapter or rules adopted under it within thirty days after written notification. Beginning July 1,2014,the department shall establish and charge by rule an annual fee for type 4 and 5 sign permits.The fee must reasonably recover costs for outdoor advertising control program administration and enforcement and may not exceed one hundred fifty dollars.The department shall establish by rule exemptions from payment of the annual fee for type 4 and 5 signs that do not generate rental income. RCW 47.42.080 Public nuisance—Abatement—Penalty. (1)Any sign erected or maintained contrary to the provisions of this chapter or rules adopted hereunder that is designed to be viewed from the interstate system,the primary system,or the scenic system is a public nuisance, and the department,the chief of the Washington state patrol,the county sheriff,or the chief of police of any city or town shall notify the permittee or, if there is no permittee,the owner of the property on which the sign is located, by certified mail at his or her last known address,that it constitutes a public nuisance and must comply with the chapter or be removed. (2)If the permittee or owner, as the case may be,fails to comply with the chapter or remove any such sign within fifteen days after being notified to remove the sign he or she is guilty of a misdemeanor. In addition to the penalties imposed by law upon conviction,an order may be entered compelling removal of the sign.Each day the sign is maintained constitutes a separate offense. (3)If the permittee or owner, as the case may be,fails to comply with this chapter or rules adopted under this chapter or fails to remove any sign erected or maintained contrary to the provisions of this chapter or rules adopted under this chapter within fifteen days after being notified to remove the sign,the department shall assess a fine of one hundred dollars per calendar day until the sign is brought into compliance or is removed.The one hundred dollar per calendar day fine is not contingent on a misdemeanor conviction. Fines collected under this subsection must be deposited with the state treasurer to the credit of the motor vehicle fund. (4) If the permittee or the owner of the property upon which it is located,as the case may be,is not found or refuses receipt of the notice,the department,the chief of the Washington state patrol,the county sheriff,or the chief of police of any city or town shall post the sign and property upon which it is located with a notice that the sign constitutes a public nuisance and must be removed. If the sign is not removed within fifteen days after such posting,the department,the chief of the Washington state patrol,the county sheriff,or the chief of police of any city or town shall abate the nuisance and destroy the sign, and for that purpose may enter upon private property without incurring liability for doing so. (5) Nothing in this section may be construed to affect the provisions contained in RCW requiring the payment of compensation upon the removal of any signs compensable under state law. (6)Any sign erected or maintained on state highway right-of-way contrary to this chapter or rules adopted under it is a public nuisance,and the department is authorized to remove any such sign without notice. WAC 468-66-050 Sign classifications and specific provisions. (4)Type 4-Off-premise signs;and (5)Type 5-Off-premise signs.Type 4 off-premise signs are distinguishable from Type 5 off-premise signs only by message content.Type 4 off-premise sign messages are those that do not qualify as Type 5 sign messages described in (b)of this subsection. (a)A Type 4 sign shall be located within twelve air miles of the advertised activity.A Type 4 sign that displays any trade name which refers to or identifies any service rendered or product sold, used,or otherwise handled more than twelve air miles from such sign shall not be permitted unless the name of the advertised activity,which is within twelve air miles of such sign, is displayed as conspicuously as such trade name. (b)A Type 5 sign displays a message of specific interest to the traveling public.On Type 5 signs,only information about public places operated by federal,state,or local governments, natural phenomena, historic sites,areas of natural scenic beauty or outdoor recreation,and places for lodging,camping,eating,and vehicle service and repair is deemed to be in the specific interest of the traveling public.A trade name is authorized on a Type 5 sign only if it identifies or represents a place of specific interest to the traveling public;or identifies vehicle service,equipment, parts,accessories,fuels,oils,or lubricants being offered for sale at such place.The display of any other trade name is not permitted on Type 5 signs. WAC 468-66-210 Permit Issuance and Maintenance. (5)Type 4,5,6,and 7 sign permits shall be for the remainder of the calendar year in which they are issued; accompanying fees shall not be prorated for fractions of the year. Permits are renewed annually through the certification process following: (a) Prior to January 1 of each year the department shall require,through the use of a permit renewal certification form, permit renewal certification from each permit holder. (i)To renew a permit,the permit holder or the permit holder's representative shall recertify by signature under penalty of perjury under the laws of the state of Washington that all information on the permit is accurate and that the permit holder desires to retain the permit in good standing for the upcoming calendar year. (ii)Type 4 and 5 rental income signs shall be charged an annual renewal fee of one hundred fifty dollars per permit. (iii)The completed permit renewal certification shall be returned to the department not later than December 31. (b) If the department does not receive the required permit renewal certification and any required permit renewal fees by December 31,the permit will automatically terminate,the sign will become an illegal sign,and the department will initiate proceedings as authorized by RCW to remove the illegal sign.The department shall cause the permit renewal certification form to contain this information. NEWS RELEASE August 31,2021 MASON COUNTY COMMISSIONERS 411 NORTH 5TH STREET SHELTON,WA 98584 (360)427-9670 EXT. 747 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL,THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE,NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON,ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2022 Water and Sewer System Rate Increases for North Bay,Rustlewood and Beards Cove Per Mason County resolutions#146-08,405-09, and#06-09, all water and sewer rates and fees at the Mason County owned and operated Rustlewood, Beards Cove, and North Bay Case Inlet water and sewer systems will increase by 3.4% for the 2022 calendar year. The increase corresponds to the April 2021 consumer price index (CPI-U)for the Bremerton Area for the one- year period ending April 2021. This increase applies to all charges associated with the referenced water and sewer utility systems, including monthly service rates, connection and permit fees and other related charges; as well as covering the annual cost increase experienced by the County for the operation and maintenance of the above referenced water and sewer utility systems. Notices will be mailed out to all Beards Cove,North Bay Case Inlet and Rustlewood utility users because of these rate changes. BOARD OF MASON COUNTY COMMISSIONERS Randy Neatherlin, Kevin Shutty, Sharon Trask, Chair Vice Chair Commissioner Mason County Utilities & Waste Monthly Service Fees/Connect Fees for 2022 Rustlewood Water Sewer Monthly Rate $42.21 $112.52 (154.73) Connect Fee $2,426.30 $6065.72 (8492.02) Beards Cove Monthly Rate $42.21 Connect Fee $2,426.30 North Bay/Case Inlet Monthly Rate $118.91 Connect Fee $11,954.72 Grinder Pump Fee $4,702.25 Duplex $166.47 Grinder Pump/Empty Lot $83.31 Belfair Monthly Rate (Per ERU) $96.00 Connect Fee (Per ERU) $11,300 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: August 31, 2021 Agenda Item # e 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 # 8082333-8082840 $ 1,816,966.17 Direct Deposit Fund Warrant # 80163-80559 $ 782,822.78 Salary Clearing Fund Warrant # 7006117-7006139 $ 507,920.97 Treasurer Electronic Remittance $ 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 $ 26,010,224.81 Direct Deposit YTD Total $ 12,226,934.99 Salary Clearing YTD Total $ 12,125,394.22 Approval of Treasure Electronic Remittances YTD Total $ 15,409,594.66 RECOMMENDED ACTION: Approval to: Move to approve the following warrants Claims Clearing Fund Warrant# 8082333-8082840 $ 1,816,966.17 Direct Deposit Fund Warrant # 80163-80559 $ 782,822.78 Salary Clearing Fund Warrant # $ 507,920.97 Treasurer Electronic Remittance $ 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: Administration EXT: 530 COMMISSION MEETING DATE: August 31, 2021 Agenda Item # R 2 Commissioner staff to complete) BRIEFING DATE: August 23, 2021 BRIEFING PRESENTED BY: Diane Zoren [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Authority to fund Mason County Housing Authority Management Restructure Background: The Mason County Housing Authority (MCHA) has approached the Mason County BOCC for assistance in addressing some of the logistical issues they are facing. The county under authority of RCW 35.83.050 can "lend or donate monies"to the Housing Authority. The county also has authority under RCW 35.83.080 `for the purpose of aiding the board of commissioners of a housing authority in carrying out the board's duties or powers under any applicable law, any state public body may with or without consideration provide monetary, in-kind, or other support to the board of commissioners of a housing authority. Financial assistance needed by the MCHA Board is as follows: Contract Executive Director and replace Cascade Management in 2 yrs. $ 66,000 Contract with Teresa D. Johnson CPA $ 29,000 Clerical assistance to MCHA Board Meetings from MCPH $ 3,696 In-Kind use of laptop computer, monitor, printer and phone $ 3,175 Total $101,871 RECOMMENDED ACTION: Authorize Chair to sign MCHA MOU and provide Funding to MCHA to support their development of a new management structure. Attachment: MOU for Financial Assistance MEMORANDUM OF UNDERSTANDING Between Mason County Housing Authority And Mason County for Financial Assistance to support the development of a new management structure of the Mason County Housing Authority 1. Purpose. This agreement is between the Mason County Housing Authority Board of Directors and Mason County. 2. Recitals. a) To help fulfill its role of addressing homelessness and providing support for low-income housing, Mason County Housing Authority provides support services on behalf of individuals and families of Mason County who are in need of affordable housing. b) Under the Authority of RCW 35.83.050 Mason County can 'lend or donate monies for the purpose of aiding the board of commissioners of a housing authority in carrying out the board's duties or powers under any applicable law; any state public body may with or without consideration provide monetary, in-kind, or other support to the board of commissioners of a housing authority" c) The Chair of the Mason County Housing Authority is authorized to enter into an agreement with Mason County Board of County Commissioners to support the activities of the Housing Authority. d) The Chair of the Mason County Board of County Commissioners is authorized to enter into an agreement with the Mason County Housing Authority to support the activities of the Housing Authority. 3. Agreement. The parties hereto mutually agree to the following understanding: a) Mason County Housing Authority will hire an Executive Director/Secretary to perform the management responsibilities of the Housing Authority and will replace the current contracted management company by the end of the 2022 fiscal calendar year, ending September 30, 2022 at a cost, fully loaded with taxes and benefits, of $66,000 annually. b) Mason County Housing Authority will hire Teresa D. Johnson, CPA as the accounting and auditing contractor for the Mason County Housing Authority and will replace the current contracted accounting and auditing companies by the end of the 2022 fiscal calendar year, ending September 30, 2022 at a cost of $29,000 annually. Page 1 of 2 c) Mason County Housing Authority has entered into an MOU with Mason County Community Services to perform clerical responsibilities for the Housing Authority at a cost of $3,696 annually. d) Mason County Housing Authority is in need of a laptop computer, monitor, printer and phone and would ask for funding of necessary equipment or in- kind donation of necessary equipment. If funding is preferred the estimate is $3,175. e) Mason County agrees to donate $101,871 to the Mason County Housing Authority to effectuate a change in the management structure of the Mason County Housing Authority by the end of the fiscal year of the Housing Authority, September 30, 2022. 4. Witness. In witness thereof, the Mason County Housing Authority has caused this agreement to be executed by the Chair of its Board of Commissioners, and Mason County has caused this agreement to be executed by the Chair of the Mason County Board of Commissioners. Said agreement to become effective and operative upon the fixing of the last signature hereto. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Chief, Deputy Prosecuting Attorney MASON COUNTY Tim Whitehead Randy Neatherlin, Chair Sharon Trask, Commissioner ATTEST: Clerk of the Board Kevin Shutty, Commissioner McKenzie Smith Mason County Housing Authority Chair of the Board of Commissioners Page 2 of 2 RESOLUTION NO. A RESOLUTION ESTABLISHING A MASON COUNTY HOUSING AUTHORITY FUND WHEREAS,RCW 35.82 establishes the Housing Authorities Law and the Mason County Housing Authority was created on August 28, 1972 by the Mason County Board of Commissioners; WHEREAS, in the 2018 Legislative Session House Bill 2261 amended RCW 35.83, Housing Cooperation Law,that reads: For the purpose of aiding the board of commissioners of a housing authority in carrying out the board's duties or powers under any applicable law, any state public body may,with or without consideration,provide monetary, in-kind,or other support to the board of commissioners of a housing authority. Such support may not be for the purpose of compensation for a commissioner for his or her services rendered to the housing authority; WHEREAS, in an effort to provide support to the Housing Authority,the Mason County Housing Authority Board of Commissioners wishes to establish a fund with the Mason County Treasurer for certain Mason County Housing Authority revenues and expenditures; WHEREAS,the budget and any transactions for this Fund shall be the responsibility of the Mason County Housing Authority Board of Commissioners; NOW THEREFORE,the Mason County Housing Authority Board of Commissioners does hereby resolve to establish the Mason County Housing Authority Fund#666;the budget and all transactions for this Fund shall be the responsibility and be approved by the Mason County Housing Authority Board of Commissioners. APPROVED this day of 2018. MASON COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS Karen Herr,Auditor Lisa Frazier, Treasurer ATTEST: Clerk C: Housing Authority,Auditor,Treasurer,Budget Manager,Community Services C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\3X95DHHX\Establish Housing Authority Fund from Housing Authority.doc MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Dave Windom/ Lydia Buchheit Action Agenda x Public Hearing Other DEPARTMENT: Community Services-Housing EXT: 260 DATE: 8/31/21 Agenda Item # 8.3 Commissioner staff to complete) BRIEFING DATE: 8/16/21 BRIEFING PRESENTED BY: Dave Windom [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Temporary FT Housing Community Health Specialist Position in Community Services to handle additional housing grants deliverables. Background: With the continual addition of housing grants from Federal and State resources, Community Services needs additional help to handle the coordination of these grants with subcontracting, tracking, monitoring, and assuring deliverables are being met through community organizations. Budget Impacts: Position will be paid through the additional housing grant funds for operations and administration. RECOMMENDED ACTION: Approve recruitment and hire of temporary position in Community Services Attachment(s): Draft position description Community Health Specialist I, II or III Housing Temporary Full-Time 1.0 FTE Posting #21- MASON COUNTY EMPLOYMENT OPPORTUNITY Note: Internal posting with Teamsters Community&Family Health is concurrent with posting to the public. Therefore if a qualified candidate from within the bargaining unit applies, that person could be selected for the position. Opening Date: August 31, 2021 External Closing Date: Until Filled Department: Community Services- Public Health Internal Closing Date: Congruent Monthly Salary: Job Summary Housing funding program development for various funding sources received by Mason County to address housing needs. Examples of Duties Develop policies and procedures to receive, RFP, sub-contract, distribute, monitor, and track various housing funding sources and program implementation by various community sub-recipients. Examples include the Treasury Rent Assistance Program (T-RAP); Emergency Solutions Grant, COVID (ESG-CV). Other duties as assigned. Minimum Requirements Bachelor's degree in health education, social services, or related degree preferred. Washington State Driver's License. MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Jennifer Beierle Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 532 DATE: August 31, 2021 Agenda Item # 8,4 Commissioner staff to complete) BRIEFING DATE: August 16, 2021 BRIEFING PRESENTED BY: Jennifer Beierle [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Approval for the Chair to sign the Tyler Technologies Chart of Accounts Redesign Statement of Work for the amount of $28,000 Background: At the time of Munis Financial System implementation back in 2014, the Chart of Accounts (COA) was rewritten and went from a 7 segment, 20 digit structure to an 8 segment, 32 digit structure. Since that time, the County has researched and realized that one of the segments and the 12 extra digits are not necessary. The Audit Committee is recommending going back to the original 7 segment, 20 digit account code, while also simplifying the numbering system of the account codes. The new account code rewrite will bring us into compliance with the State Auditor's Office (SAO) Budgeting, Accounting and Reporting System (BARS) and simplify our accounts, while also enabling the County to utilize current modules in Munis, not currently available due to duplicate department and program numbering throughout the County's funds. Tyler Technologies (Munis) has provided Mason County with a Chart of Accounts Redesign Statement of Work for this conversion project. Recommended Action: Approval for the Chair to sign the Tyler Technologies Chart of Accounts Redesign Statement of Work for the amount of $28,000 Attachment: Chart of Accounts Redesign Statement of Work J:\Budget Office\Briefing, Agenda,&Public Hearing Items\2021\Action Agenda 8.31.2021 -Chart of Accounts Redesign Statement of Work.doc • ••::•. tyler •• technolco:eS 1 Tyler Drive,Yarmouth,ME 04096 Phone 800.772.2260 www.tylertech.com TechnologiesTyler Development Sign-Off Client Name Mason County,WA Modification Description Chart of Accounts Redesign Reference# MUN-418485 Service/Modification Cost $28,000 Delivery Version and/or Date 2019.1 byTBD Document Date August 4,2021 Sign-Off Required By September 4,2021 Following this Tyler Technologies Development Client Sign Off is a Statement of Work for your review and approval.This will be entered into our Work Order system with the noted delivery date if approved by the above date. If the modification is not approved within this timeframe, the delivery date will be adjusted to fit into the development schedule at a later date as determined by the Product Manager. In order to schedule and begin work on the described services, Tyler requires your authorization. For authorization please print, sign and date the bottom of this letter and return to Kathy Thompson at Kathy.thompson@tylertech.com. Please provide a purchase order if needed along with your specification sign-off. Tyler will invoice the Client fees for this modification 50% upon sign-off and 50% upon execution in the client's live environment. Printed Name Signature Date ••::•. tyler •• e.chnolotes 1 Tyler Drive,Yarmouth,ME 04096 Phone 800.772.2260 www.tylertech.com Munis Professional Services Chart of Accounts Redesign Statement of Work(SOW) Objective The objective of this project is to redesign the client's current chart of accounts.This process will change all associated history that reference an org/object/project combination to the new chart based upon a crosswalk developed under this Statement of Work. Approach The approach is collaboration between the client, Munis Business Analyst(BA), and the Munis Professional Services team. Each party has specific responsibilities under this agreement. Detailed division of responsibilities is listed in this SOW.The overall responsibilities can be categorized as follows: • The Munis BA is responsible for education of the processes necessary to implement the new chart in Munis and the technical processing of the chart. • The client is responsible for development,cross-walking, conversion proofing and establishment of the new chart. It is required that the client remain at a constant Munis version from the start to completion of the conversion project. • Our Munis Professional Services team is-responsible for error checking and creating a customized data conversion utility to be used in processing the test and live conversion passes. This statement of work provides up to 4 conversion passes.Additional conversion passes beyond 4 will be chargeable at$1,400 per additional pass. • A Live Conversion Pass date will be determined once the project has begun.That will be shown in the Proposed Timeline chart,to be completed at a later date, and shown at the end of this document.Tyler and Professional Services requires that an actual completion of the conversion in live must occur no later than 180 days from the stated Live Conversion Pass date. Terms of Payment Upon acceptance of the statement of work,Tyler will bill 50%of the total project with the remaining 50% due upon delivery of the final "live" Conversion pass. • t yI e r 0 Wchrologes 1 Tyler Drive,Yarmouth,ME 04096 Phone 800.772.2260 www.tylertech.com Deliverable Phases 1. First Deliverable Phase: This phase consists of providing the COA Conversion Interface tables and programs. The BA will provide MUN numbers for the necessary package installation.These must be installed in Live. Note:these are separate tables and any data entered or updated here will not affect the Live COA or any transactions in Munis. 2. Second Deliverable Phase: This phase consists of the initial completion of the new chart of accounts.The BA will schedule status calls to review set up,as well as conversion errors found during the Validation steps. It is the responsibility of the client to make changes to the COA segment and accounts if issues relate to the data; the BA and developer will work with the client to resolve program related errors. The BA will coordinate a time with the client to run the first conversion pass in the client's test/train environment.The client will refresh Train or Test for the first COA pass prior to the designated date. 3. Third Deliverable Phase: The BA will conduct a status call with the client to review conversion errors found in the first conversion run. It is the responsibility of the client to correct errors in the set up tables;should deleting records be necessary the BA or developer will assist. The BA or Professional Service Representative will coordinate a time with the client to run the 2nd conversion pass in the client's test/train environment. This project scope includes four conversion passes, after which the BA will review any resulting error reports. If additional conversion passes are required,the client will be charged for each. 4. Final Deliverable Phase: The BA will coordinate a time with the client to run the final conversion pass into the client's test/train environment. A status call will be scheduled with the BA, client and Professional Service Representative to review the final pass. The client will sign off on the conversion data that will give Professional Service the authority to run the final conversion in the client's LIVE environment. Division of Responsibilities: Client Responsibilities BA Responsibilities Professional Services(Development) • Load the COA • The BA cannot provide design • Develop and customize a Conversion Interface recommendations on any conversion utility to convert tables and custom new chart settings. If that is the GL Accounts, orgs, objects conversion program required, a Tyler Implemen- and projects as needed in all tation consultant service Munis modules used by the • Using the COA should be arranged. client. Conversion Interface, crosswalk all old • Provide COA Conversion Convert old to new chart in accounts to new Interface documentation. Train or Test environment. accounts (Orgs,Objects, Projects, and segments). • Provide project plan :.. tyler .• i2Chnolo�EBS 1 Tyler Drive,Yarmouth,ME 04096 Phone 800.772.2260 www.tylertech.com within one week of analysis Convert old to new chart in session. LIVE environment. • Remain at a constant Munis version from the start to completion of • Provide feedback to the conversion project. questions related-to functionality and best • Proof Conversion practice setup in Munis • Development and 0Review validation errors prior execution of testing to conversion. plan (with items listed in this SOW as post- • Review conversion errors conversion as a with client. minimum) • Assist client in developing • Sign-off on redesign set testing plan. up,test conversion, and final conversion. • Establish and monitor project schedule. • Manually update tables that only reference org a Provide 15-30 minute or object such as weekly or biweekly Security and Payroll status calls. tables. Note:these are tables that store only a portion of the Account (such as Object). • Educate users on new chart of accounts format • Archive any historical reports ensuring all reporting requirements are satisfied prior to live conversion. ••::•. tyler �� t�chro�lo;,:es 1 Tyler Drive,Yarmouth,ME 04096 Phone 800.772.2260 www.tylertech.com Pre-Conversion Tasks (Client responsibility) • All funds must be in balance. • All revenues and expenses must be reconciled before the conversion. • All encumbrances must be reconciled before the conversion. • All batches should be posted in all modules when the conversion is run. • A clean table validation report must be run prior to conversion. If there are any errors,they must be cleaned up prior to the conversion. Before the conversion is run the following tasks must be completed: • Clean Table validation report • YTD Budget report for all accounts • Trial balance for balance sheet accounts only for all funds • Trial balance for all accounts for all funds • PO's by GL account report • AR Charge code list with GL accounts Post Conversion Testing (Both for training conversion and live conversion) (Client responsibility) Once the conversion has been run the following module-specific processes should be tested. General Ledger • GL Table Validation—This will list all errors found between GL tables.The Validation Table must be clean before proceeding with tests within other modules. ' c •.::�• tyler 1 Tyler Drive,Yarmouth,ME 04096 Phone 800.772.2260 www.tylertech.com • Trial Balance—Run this to make sure the fund is in balance,that all accounts correctly had their balances moved/merged. • Year to Date budget report—Run this to make sure all budgets were converted correctly. • Fund Attribute Table—Verify that every fund has an attribute table with complete control accounts. • Due to/Due From Table—Verify that all new funds have been added to the DT/DF table with a relationship between the appropriate funds. • Journal Entry—Enter a journal entry that crosses funds. Confirm the proper control accounts and balancing DT/DF entries are created. Purchase Orders • PO by GL Account—Run this report to make sure all accounts were correctly converted/merged. Best to run this report before conversion with old accounts&then again with new. • PO Maintenance—Choose a sampling of Purchase Orders (some with multiple lines, multiple accounts, etc.) and perform PO Maintenance as well as posting the journal to the GL. • Requisition processing—run through the entire requisition processing using different id codes(if possible) or change the 'munis' defaults to test the requisition dept/loc defaults and the posting of requisitions. • Commodity Codes- Update the GL object code if applicable Accounts Payable • Invoice Maintenance—Run several invoices through invoice maintenance changing amounts and accounts. • Void Check—Void several checks and run the cash disbursement journal • Invoice Processing—run the entire invoice process, liquidating Purchase orders both partially and fully. �� ••::•e t yler 1 Tyler Drive,Yarmouth,ME 04096 Phone 800.772.2260 www.tylertech.com Contract Management • Contract Maintenance—Update GL segments for"Amounts by Segments"or'Items w/Account Segments" enforcement methods. Project Ledger • Default GL and Budget Accounts-Update default GL and Budget accounts on PL strings if the default is not a full account. (Just a segment, org, or object.) Payroll • Manually update payroll tables that reference only org or object codes such as Employee Master, Deduction Master etc. o Control File—if currently defining default orgs but not partial accounts o Pay Types o Deduction Master o Job Class • Run Payroll and Post to General Ledger, note errors in Payroll Proof and those listed when posting to the GL Accounts Receivable • Review Charge Codes Report Role Based Security • Manually update General Ledger Account Restrictions Workflow Business Rules • SEG or SOA Business rules s ••ne. tyler technolo-&es 1 Tyler Drive,Yarmouth,ME 04096 Phone 800.772.2260 www.tylertech.com Proposed Timeline Note: The timeline will be built after project startup and collective review of necessary steps and mutual schedules. If a 3ra (or 4th) pass is not needed, developer availability will be reviewed at that time to determine if an earlier Live run can be scheduled. Task Date Redesign Analysis Upon signoff COA Conversion Interface set up TBD completed in Live Vt Test Conversions Pass TBD 2nd Test Conversions Pass TBD 3rd Test Conversions Pass TBD 41h Test Conversions Pass TBD Approve Live COA Conversion TBD Live Conversion Pass TBD MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Frank Pinter Action Agenda x Public Hearing Other DEPARTMENT: County Administration EXT: 530 COMMISSION MEETING DATE: August 31 , 2021 Agenda Item # 8,5 Commissioner staff to complete) BRIEFING DATE: August 23, 2021 BRIEFING PRESENTED BY: Frank Pinter [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Corrections Deputy Contract Memorandum of Understanding for Sign-on Bonus Background: The Mason County Civil Service has been unable to adequately support a Corrections Deputy List available for the Jail Administration recruitment efforts. A proposal was presented to offer a $10,000 sign-on bonus to new recruits, $5,000 after the recruit passes their probationary period and another $5,000 after 36 months of successful continues employment with Mason County Corrections. RECOMMENDED ACTION: Recommend to Sign attached MOU detailing the agreement between the Woodworkers Local Lodge W38 I.A.M Corrections/Support Staff and Mason County. Budget Impact: None, MCSO stated they have adequate budget authority to support the cost of this program. Attachment: MOU i MEMORANDUM OF UNDERSTANDING Between Mason County/Mason County Sheriff 1 Woodworkers Local Lodge W38 I.A.M. Corrections/Support Staff i I WHERAS, Mason County, Mason County Sheriff, and Woodworkers Local Lodge W38 I.A.M. Corrections/Support Staff agree that the inability to recruit for staffing of the Corrections Facility is an issue for staff, the lack of applicants through the civil service process is limited at best and Mason County would like to institute a sign on bonus for all new Corrections Deputies that pass their probationary period of $5,000 and a subsequent payment of $5,000 after 36 months of successful, continuous employment with Mason County Corrections.This bonus will be available j to all new recruits until December 31, 2024. i 's WHEREAS, based on the lack of applicants for Mason County Corrections Deputies, it is in the best interest of the County and the Union to institute a sign on bonus to maintain an attractive I recruitment environment and continue to recruit the best applicants to Mason County. Therefore, this Memorandum of Understanding shall establish a bonus program to newly hired Corrections Deputies to the Mason County Correction Mason County, Mason County Sheriff, and { Woodworkers Local Lodge W38 I.A.M. Corrections/Support Staff through December 31, 2024 { As agreed,on this 19th day of August 2021 i , As to form i i Chief Deputy Prosecutor Date Comrpissioner, Chair Date I August 19, 2021 Mason County Sheriff Date E f i August 17,2021 Woodworkers Loc Lodge W38 I.A.M. Date i i I I i i E 1 I f i MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Ross McDowell Action Agenda _X_ Public Hearing Other DEPARTMENT: Parks &Trails Department EXT: 806 COMMISSION MEETING DATE: August 31, 2021 Agenda Item # 8.0 Commissioner staff to complete) BRIEFING DATE: August 23, 2021 BRIEFING PRESENTED BY: Ross McDowell [] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency: ITEM: REET 2 Projects and staffing for 2021 /2022 BACKGROUND: The REET 2 Draft project list for 2021 / 2022 had been developed and is being brought to the BOCC for approval. Most of the 2021 proposed REET 2 Parks &Trails projects are listed in the Mason County Parks and Trails Comprehensive Plan 2018. Draft 2021 projects are as follows: 1. For 2021 we have prioritized the renovation and remodeling of restrooms which will comply with ADA too. The following parks will have their restrooms renovated: MCRA, Foothills Park, Mason Lake, Union Park, and Walker Park. 2. For safety and extending the use of play toys at several parks, we would like to replace and add wood chips for safety to the play toy areas in the following parks: MCRA, Foothills Park, Union Park, Truman Glick Park, and Walker Park. 3. Latimer's Landing boat dock needs repairs on the farthest float which is cantering due to current and use. A private contract has been contacted to supply a quote for the repairs. The dock is also in need of new boat tie up cleats, the old ones have snap off repeatedly due to the force put on them. The new cleats will be made out of rod iron for durability by our Park Staff. 4. After the North Mason Soccer club uses Sandhill Park fields #4, #5, #6 and #7 for practice and games for the 2021 season the Parks Staff will need to re-seed the fields in order for them to be ready for the March 2022 baseball season to begin. 5. Fund an additional FTE staff member from September 1 to December 31, 2021 to assist with these REET 2 projects. This would give the Park &Trails staff a 4th member to work along with regular staff on REET projects. H:\Parks and Trails\REET\2021\Commission Agenda Item Summary REET 2 Projects 08-31-2021.doc Once this draft is approved I will bring the project list back to the contractor to have them added into the Park &Trails Comprehensive Plan update. Additional recommendations from the BOCC, Parks Advisory board and citizens for the update will be solicited for the plan update. As project are completed in 2021, I will provide a list to the contractor to keep the plan most current. It should be noted that the 2021 / 2022 draft Parks &Trails REET 2 project list is a fluid document that can be adjusted for 2022 projects and will be put into the new Park &Trails Comprehensive Plan that is being developed. BUDGET IMPACTS: If all the 2021 draft projects are approved the materials cost would be @$257,782. The labor hours for these projects would be @1212 hours. An additional FTE for 4 months (173.34 per month) would be @ 693 hours ($21,155), which would come out of the total labor hours charged to REET 2. RECOMMENDED ACTION: Approval of the draft Parks &Trails 2021 / 2022 REET 2 project list and approval to hire an additional FTE for the last 4 months of 2021 out of the REET 2 budgeted funding. ATTACHMENT(S) Draft Parks &Trails REET 2 Projects 2021 /2022 H:\Parks and Trails\REET\2021\Commission Agenda Item Summary REET 2 Projects 08-31-2021.doc Parks & Trails REET 2 Projects List for 2021/2022 08/18/2021 GREEN Priority for 2021 Capital Approx. Approx. Preserve Project Capital BOCC Improvement Material Labor Hours Prevent Number Asset Dist YEAR Projects: REET 2 Amount Extend Description of Project Project MCRA NNW W' xtend P1 ate restrooms * Yes 3 2021 Done 06;- D4,000 Preserve P1757 Replace old tractor/loader/back hoe Yes 3 2021 F)o 06>`20 P1 Prevent 765 Trailer w/water and ressure wash Yes 3 2022 @$50K Preserve Pg Field Groomer Yes 3+ 1 2022 @$10K Preserve P Turf Aervators Yes 3 2021 Wood chips for playground toys. No 3 2022 $10,000 (@80) Exte P1760 Le to for MCRA shop storage No 3 Sandhill Park 2022 $2,500 (@40) Extend Irr�""`'` n overhaul Field #3 * No 1 2022 $1,000 (@80) Prevent P175 Erosio ntrols (plants) Field #3 * No 1 2022 $10,000 (@80) Prevent Field #7—3rd base dugout * No 1 No 1 2022 $10,00 (@2 Extend P Renovate the dugouts for field #3 No 1 Handicap & No Dog No 1 Foothills Park Extend Renovate/ADA update the bathrooms 11 Yes 2 2022 $2,000 (@40) P Add amenities bench & picnic table* No 2 ` Prevent P1758 _ Wood chips for_ No 2 Latimers Landing ! ', Extend P1759 Replace dock float, rep ace a No 1 Mason Lake 200) Extend P1767 Renovate/ADA update restrooms Yes 1 lu, vu. (@80) Extend P1756 Dock Rg _ " No 1 Union Park 2022 4) Extend P1750 Shelter pad leveling * No 2 2021 (@200) Extend P1768 Renovate/ADA update bathrooms Yes 2 2021 (@10) Prevent P1758 Wood chips for playground toys No 2 Truman Glick Park 2022 $1,000 (@50) Preserve P Repair brick combo BBQ pit&fire pit * No 2 2021 111cluded (@10) Prevent P1758 Wood chips for playground toys*s. No 2 2022 $200 (@40) Extend P Renovate the horse shoe pits * No 2 2022 $3000 (@40) Extend P Add concrete basketball court&goal No 2 Walker Park 2021 (@200) Extend P1769 Renovate%ADA update bathrooms Yes 3 2021 (@10) Prevent P1758 Wood chips for playground toys* No 3 Sunset Bluff 2021 ;0�r` (@100) Preserve P Replace entrance gate and turnaround* No 3 Phillips Lake Park 2022 $2,000 (@40) Extend P enit s bench & picn table* No 1 Oakland Bay 2022 $20,000 (@60) Extft P1763 aIMMMM vel the entrance roadway* No 3 Prevent P1764 New sign for park entrance* No 3 Menards Landing 2022 $2,000 (@40) Extend ( P 01b,,Add amenities bench & picnic table* No 1 Jacoby Park Prevent P1764 New sign for park entrance* No 3 * In Parks&Trails Comp Plan 2018 STAFF Budget ASK: 202 Labor Hours/ Additional FTE staff ,- = $31.50 member for Sept—Dec 2021 at$30.51 hour (S& B included) 2022 Labor Hours/ $77,543 FTE staff member for $31.50 Benefits year of 2022 Budgeted for 2022 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: August 31, 2021 Agenda Item # ,} Commissioner staff to complete) BRIEFING DATE: 8/23/21 BRIEFING PRESENTED BY: Diane Zoren [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to enter into a contract extension with MasonWebTV.com for live streaming services of regular Commission meetings and Board of Health meetings for 2022. The rate per regular meeting is $100 for up to 2 hours and each additional hour is $25. Background: This is a contract extension for 2022 for streaming services of the Commission meetings; the original contract began in January 2015. MasonWebTV provides their own equipment, hosts the live streaming and the webcasts are archived on their website. Budget Impacts: Anticipated cost is up to $5,000 per year and is paid from Current Expense. RECOMMENDED ACTION: Approval to enter into the contract with MasonWebTV.com for live streaming services of Commission meetings and Board of Health meetings for 2022. The rate per regular meeting is $100 for up to 2 hours and each additional hour is $25. Attachment: Contract extension 8/23/2021 EXTENSION OF PROFESSIONAL SERVICES CONTRACT WITH MASONWEBTV.COM FOR LIVE VIDEO STREAMING Mason County desires to extend the contract the MasonWebTV.com that was entered into on September 24, 2019 for live video streaming of regular Mason County Commission meetings, Board of Health meetings and additional meetings as agreed to by both parties. The agreement is extended to December 31, 2022. The following clause is amended: Compensation: The rate per meeting is$100 for up to 2 hours for regular business meetings and special meetings held in the County Commission Chambers in Shelton and in the North Mason School District Boardroom in Belfair. For special meetings held in other locations,the rate per meeting is$125 for up to 2 hours. The rate for each additional hour is$25. All other provisions of the agreement remain the same. Dated this day of September, 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Randy Neatherlin, Chair ATTEST: Clerk of the Board Kevin Shutty, Commissioner APPROVED AS TO FORM: ("A .� Sharon Trask, Commissioner Tim White ief DPA Dedrick Allan MasonWebTV J:\CONTRACTS\Mason Web TV contract\Extend MasonWebTV contract 2022.doc MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Kelly Bergh for Frank Pinter Action Agenda _X_ Public Hearing Other DEPARTMENT: Support Services EXT: 644 DATE: 8/31/2021 Agenda Item # 6,S Commissioner staff to complete) BRIEFING DATE: 8/23/2021 BRIEFING PRESENTED BY: Kelly Bergh [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency Item: Amend Contract #18-62210-039 with WA State Department of Commerce — Community Development Block Grant (CDBG) Program — General Purpose Grant - Microenterprise -Building Connections — Strengthening Businesses in Mason County Project to extend end date. Background: The end date of the contract is several months away, however, Enterprise for Equity (E4E) would like to request an extension of the CDBG grant deadline from March 31, 2022 to December 31, 2022, at this time, to ensure that they can deliver on the work required under this contract, which have all been significantly impacted by the COVID 19 pandemic. Although E4E and partners at the EDC and NMCC have engaged in multiple types of outreach to promote the programs, and have enrolled some Mason County participants, all parties agree that the lack of in-person opportunities to connect has hampered progress on this grant. Under the last CDBG grant focused on serving Mason County, which ended in 2018, the programs were well-received and well- attended. That gives hope that when in-person activities are again possible, momentum will pick up. The programs occur in 4-5-month cycles with a lead time of 2 months for Information Sessions and Business Readiness Workshops. The chances of meeting the deliverables under this grant would be greatly increased by having additional time for multiple training cycles. Recommended Action: Approval to authorize of Frank Pinter, Interim County Administrator, to sign Department of Commerce's Request for Amendment to CDBG Contract #18-62210-039 Attachment(s): Department of Commerce CDBG Request for Amendment J:I Grants I CDBG MicroEnterprise l2019 CONT24 CT 7.2019- 03.31.2022 I Agenda Item Summary- Amendment.doc ATTACHMENT 13-A(1) DEPARTMENT OF COMMERCE COMMUNITY DEVELOPMENT BLOCK GRANT REQUEST FOR AMENDMENT 1.Grantee Name and Address 2. CDBG Contract Number 3. Request Number MASON COUNTY 18-62210-039 2 411 North 5th Street Shelton,WA 98584 4.Type of Amendment(check all that apply) x❑ Time Extension ❑ Budget Revision ❑ Scope of Work ❑ Special Conditions 5. Explanation (attach additional page if response requires more space or for Supplemental Grant requests) Please see attached page. Attached if applicable: ❑ Revised Project Budget ❑ Supplemental Funds Questions 6.Amendment Changes Time Extension Current End Date Change (#months) Revised End Date 3/31/2022 9 12/31/2022 CDBG Budget Code Current Budget Change (+/-) Revised Budget CDBG Budget Code Totals $ $ $ #Housing Units or Jobs Current#and Type Change (+/-) Revised#and Type 7.Submitted By(Chief Administrative Official) Name _ Frank Pinter Title _Interim County Administrator Signature Date Action Taken (COMMERCE USE ONLY) APPROVED DISAPPROVED Name Title Signature Date May 2021 ATTACHMENT 13-A (2) 5. The end date of the contract is several months away,however, Enterprise for Equity(E4E)would like to request an extension of the CDBG grant deadline from March 31, 2022 to December 31,2022,at this time,to ensure that they can deliver on the work required under this contract,which have all been significantly impacted by the COVID 19 pandemic. Although E4E and partners at the EDC and NMCC have engaged in multiple types of outreach to promote the programs,and have enrolled soiree Mason County participants,all parties agree that the lack of in- person opportunities to connect has hampered progress on this grant. Under the last CDBG grant focused on serving Mason County, which ended in 2018,the programs were well-received and well-attended. That gives hope that when in-person activities are again possible,momentum will pick up. The programs occur in 4-5-month cycles with a lead time of 2 months for Information Sessions and Business Readiness Workshops. The chances of meeting the deliverables under this grant would be greatly increased by having additional time for multiple training cycles. May 2021 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: August 31, 2021 Agenda Item # B. C� Commissioner staff to complete) BRIEFING DATE: August 2, 2021 BRIEFING PRESENTED BY: Support Services [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Approval to call for request for proposals (RFP) for Welcome Center Development Services. Background: Mason County receives funds from room taxes imposed on lodging facilities. These funds can be expended for activities established by and eligible under State law. Tourism promotion is defined under RCW 67.28.080 as "...activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists." The local lodging tax advisory committee must select the candidates from amongst the applicants applying for use of lodging tax and provide a list of such candidates and recommended amounts of funding to the municipality for final determination. The municipality may choose only recipients from the list of candidates and recommended amounts provided by the local lodging tax advisory committee. Budget Impacts: LTAC has recommended that up to $100K of lodging tax be spent on a professional services contract for the next steps of the Welcome Center. RECOMMENDED ACTION: Approval to call for request for proposals (RFP) for Welcome Center Development Services. Attachment(s): Request for Proposals Request for Proposals Development Services for a Mason County Visitor Welcome Center I. Introduction and Summary Mason County, Washington is requesting proposals from qualified firms or individuals for development services of a proposed regional-serving Welcome Center in Mason County. The purpose of this "gateway" center is to welcome travelers into the area and serve as a jumping-off point providing access to and information about activities, events and amenities available throughout the area. The intent is to create a notable visible entry point on Highway 101 and provide visitors and residents with a functional facility that is a destination in its own right. The purpose of this RFP is to contract with an organization with experience developing similar type of tourist/event centers through a public/private partnership. Mason County contracted with NW Event Organizers Inc (NEO) to examine the feasibility of a Welcome Center in Mason County. The County currently funds stand-alone visitor information centers (VIC's) in Belfair, Union, Hoodsport and three locations in Shelton. The feasibility study is available here https://www.co.mason.wa.us/aC/Itac/welcome-center/welcome-center-feasibility-study.pdf The project will be completed under the direction of the Mason County Board of Commissioners with advice from the Mason County Lodging Tax Advisory Committee. All County contracts require approval of the Mason County Board of Commissioners. Deadline for receipt of proposals is 4 p.m., Wednesday, October 6, 2021. Proposals should be prepared in accordance with this RFP and mailed or delivered to: Diane Zoren Administrative Manager Department of Support Services 411 N. 51h Street Shelton, WA 98584 (360)427-9670 ext. 747 Email: dlz@co.mason.wa.us Ten hard copies of the submittals must be received by the deadline indicated above. Postmarks will not be accepted. Proposals will be evaluated by the Lodging Tax Advisory Committee and respondents may be interviewed by members of the committee. The committee will make recommendation for contract award to the Mason County Board of Commissioners who will make final selection. Respondents should not lobby committee members or the Board of Commissioners. Respondents should contact Diane Zoren by phone or email for additional information. All proposals are public records. The committee reserves the right to request additional information from respondents. The County reserves the right to reject all submittals. Should you be selected, all materials created under contract with Mason County will be owned by Mason County. Page 1 of 3 J:\LTAC\2022\RFP Info\Welcome Center\Welcome Center Development services.docx Contract Terms. Contract will be awarded for one year with an option for renewal. Insurance Requirements. All insurance provided shall be primary and non-contributory. 1) Comprehensive General Liability. $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, $2,000,000 general aggregate; 2) Automobile Liability. $1,000,000 combined single limit per accident for bodily injury and property damage; 3) Workers' Compensation. Workers' compensation limits as required by the Workers' Compensation Act of Washington; 4) Consultant's Errors and Omissions Liability. $1,000,000 per occurrence and as an annual aggregate. II. Statement of Need Mason County, Washington is in need of development services for a proposed regional-serving Welcome Center in Mason County using a public/private partnership. The services to be provided include an analysis of the feasibility study; a strategic plan for development of the proposed Welcome Center; facilitate the commitment from community partners to invest in the proposal. Essentially the request is to move the feasibility study to a reality and Mason County is in need of professional services to make this happen. III. Form of Proposal Respondent proposals should not exceed 15 pages, including attachments, and should include/address: 1) Contact name, address, telephone number, and e-mail address. 2) Information that demonstrates the Contractor's understanding of the types of services proposed and the ability to accomplish them. 3) Analyze the suitability of the proposed Welcome Center to include a market, financial and site analysis. 4) Provide a strategy for implementation of the proposed Welcome Center. This should include land acquisition; how the Consultant will build capacity with community partners; coordinate negotiations among the public/private partners. 5) A detailed budget for the contracted services inclusive of travel, administration, sub-contracted services. 6) Names, addresses, telephone numbers, and email addresses of clients for whom the respondent has recently performed similar services. 7) Measures proposed to assess impact of contract performance including strategy to measure economic impacts to area businesses and to fulfill reporting requirements as defined in Revised Code of Washington 67.28.1816 ii (c). All proposals shall include estimates of how this contracted service will result in increases to people staying overnight, travelling 50 miles or more to Mason County, or coming from another state or country to Mason County. Page 2 of 3 J:\LTAC\2022\RFP Info\Welcome Center\Welcome Center Development services.docx IV. Evaluation Criteria: Proposals will be evaluated based on the following criteria. The evaluation criteria are subject to change without notice. 1) Demonstration of the Contractor's understanding of the types of services proposed and the ability to accomplish them 2) How will the analysis of the proposed Welcome Center be conducted 3) Implementation strategy and timeline to complete the project 4) Degree to which the budget reflects the requested activities and the cost of proposal 5) References 6) Strategy to measure economic impacts to area businesses and methodology to fulfill reporting requirements as defined in Revised Code of Washington 67.28.1816 ii (c) V. Independent Contractor It is the intention and understanding of the County that the Contractor shall be an independent contractor and that the County shall be neither liable for nor obligated to pay sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of employment. Contractor shall pay all income and other taxes as due. Industrial or other insurance that is purchased for the benefit of contractor shall not be deemed to convert this Contract to any employment contract. It is recognized that Contractor may or will be performing services during the term of the Contract for other parties and that the County is not the exclusive user of the Contractor's services. VI. Prevailing Wage If required by RCW 39.12, prevailing wages shall be paid. Contractor specifically agrees to comply with RCW 39.12 and to file all required forms, certifications, and affidavits necessary to comply with Federal and State laws before final payment shall be made to the Contractor. The latest prevailing wage rate information is available per the State of Washington, Department of Labor and Industries, Industrial Relations Division. VII. Equal Opportunity Employer Mason County is an equal opportunity employer. We strive to create a working environment that includes and respects cultural, racial, ethnic, sexual orientation and gender identity diversity. Women, racial and ethnic minorities, persons of disability, persons over 40 years of age, veterans or people with military status, and people of all sexual orientations and gender identities are encouraged to apply. Page 3 of 3 1:\LTAC\2022\RFP Info\Welcome Center\Welcome Center Development Services.docx MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Alex Paysse Action Agenda x Public Hearing Other DEPARTMENT: Community Services, EH EXT: 279 DATE: August 315t, 2021 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 8/23/2021 BRIEFING PRESENTED BY: Alex Paysse [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Contract agreement for Local Solid Waste Financial Assistance grant from Ecology for 21/23 biennium. Background: The Local Solid Waste Financial Assistance program provides funding to local governments for solid and hazardous waste planning and implementation, as well as enforcement of solid waste rules and regulations. Environmental Health utilizes this grant with ecology to support Solid Waste program activities as it relates to public health. This biennium, the state has allocated $130,868 to Mason County Public Health. There is a 25% match ($43,622.67) requirement which will be paid from the solid waste tipping fees, making a total eligible cost of$174,490.67 for the two-year period of July 1st, 2021 to June 30th, 2023. Budget Impacts: None RECOMMENDED ACTION: Approval of Dept. of Ecology Agreement No. SWMLSWFA-2021-MaCoPH-00078 Attachment(s): Contract agreement DEPARTMENT OF 1WECOLOGY State of Washington Agreement No. SWMLSWFA-2021-MaCoPH-00078 SOLID WASTE MANAGEMENT LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND MASON COUNTY PUBLIC HEALTH DEPARTMENT This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,hereinafter referred to as"ECOLOGY,"and MASON COUNTY PUBLIC HEALTH DEPARTMENT,hereinafter referred to as the "RECIPIENT,"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: SWE Mason County PH Total Cost: $174,490.67 Total Eligible Cost: $174,490.67 Ecology Share: $130,868.00 Recipient Share: $43,622.67 The Effective Date of this Agreement is: 07/01/2021 The Expiration Date of this Agreement is no later than: 06/30/2023 Project Type: Solid Waste Enforcement Project Short Description: Mason County Public Health will spend$174,490.67 to protect human health and the environment by preventing and correcting violations of solid waste rules and regulations. Project Long Description: See the Scope of Work section for more detailed information related to individual Tasks. Overall Goal: Provide regional solutions and intergovernmental cooperation;prevent or minimize environmental contamination through planning and project implementation;and comply with state and local solid and hazardous waste management plans and laws. State of Washington Department of Ecology Page 2 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT RECIPIENT INFORMATION Organization Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT Federal Tax ID: 91-6001354 DUNS Number: 232002101 Mailing Address: 415 N 6th Street Shelton,WA 98584 Physical Address: 415 N 6th Street Shelton,Washington 98584 Organization Email: alexp(aco.mason.wa.us Organization Fax: (360)427-7787 Contacts Template Version 12/10/2020 State of Washington Department of Ecology Page 3 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT Project Manager Alex Paysse EH Manager 415 N 6th Street Shelton,Washington 98584 Email: alexpl�a co.mason.wa.us Phone: (360)427-9670 Billing Contact Casey Bingham Finance Manager 415 North 6th Street shelton,Washington 98584 Email: caseyb(-.)co.mason.wa.us Phone: (360)427-9670 Alex L Paysse Authorized EH Manager Signatory 415 N 6th Street Shelton,Washington 98584 Email: alexp(a�co.mason.wa.us Phone: (360)427-9670 Template Version 12/10/2020 State of Washington Department of Ecology Page 4 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT ECOLOGY INFORMATION Mailing Address: Department of Ecology Solid Waste Management PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Solid Waste Management 300 Desmond Drive SE Lacey,WA 98503 Contacts Olivia Carros Project Manager PO Box 47775 Olympia,Washington 98504-7775 Email: OCAR461 @ecy.wagov Phone: (360)995-3980 Olivia Carros Financial Manager PO Box 47775 Olympia,Washington 98504-7775 Email: OCAR461(aecy.wa gov Phone: (360)995-3980 Template Version 12/10/2020 State of Washington Department of Ecology Page 5 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel,equipment,materials,services,and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and conditions of this Agreement,Scope of Work,attachments,and incorporated or referenced documents,as well as all applicable laws, statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the RECIPIENT has read,understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties,and there are no other understandings or representations other than as set forth,or incorporated by reference,herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing,signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State MASON COUNTY PUBLIC HEALTH DEPARTMENT Department of Ecology By: By: Laurie Davies Date Alex L Paysse Date Solid Waste Management EH Manager Program Manager Template Approved to Form by Attorney General's Office Template Version 12/10/2020 State of Washington Department of Ecology Page 6 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT Randy Neatherlin Board of County Commissioners,Chair Date Tim Whitehead Approved as to form,Chief Deputy Date Prosecuting Attorney Template Version 12/10/2020 State of Washington Department of Ecology Page 7 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT SCOPE OF WORK Task Number: 1 Task Cost: $174,490.67 Task Title: Solid Waste Enforcement Task Description: Activity-Solid Waste Handling Facility/Site Compliance RECIPIENT will monitor solid waste handling facility for compliance with applicable state solid waste regulations including but not limited to Chapter 173-350 WAC(Solid Waste Handling Standards),Chapter 173-351 WAC(Criteria for Municipal Solid Waste Landfills),Chapter 173-304 WAC(Minimum Functional Standards for Solid Waste Handling),and any related local solid waste regulations,or codes. RECIPIENT will accomplish monitoring of solid waste handling facilities and sites as prescribed by the applicable solid waste regulation(s),including but not limited to permitting,inspections and oversight,review of groundwater data,and annual review of financial assurance. Permitted Solid Waste Facilities(7):Mason County Transfer Station(HHW),Mason County Belfair Drop Box,Mason County Hoodsport Drop Box,Mason County Union Drop Box,North Mason Fiber(Compost),North Mason Fiber(Rail Load), Wash.Correction Center(Compost) Permit Exempt Solid Waste Facilities(11):Allen Shearer Trucking,Bill McTurnal Enterprises,Brady Trucking(Site 1 —Public Access;woodwaste recycling for retail sale), Brady Trucking(Site 2-Woodwaste recycling operation),Associated Steel, Deer Creek Landscape,Mason County Garbage&Recycling, Peninsula Topsoil,Pay More Recycle&Salvage,Mason County Wood Recyclers,Pyramid Materials(former site of Ace Paving) Permitted Solid Waste Facilities in Post-Closure(3):Green Diamond Dayton Limited Purpose Landfill(Formerly known as Simpson),Green Diamond Matlock Woodwaste Landfill(Formerly known as Simpson),Mason County Municipal Landfill New solid waste permit applications and notices of exemption considered during the Agreement period for facilities not identified under this task may be managed under this Agreement. Activity-Solid Waste Investigation,Assistance and Enforcement RECIPIENT will investigate solid waste related complaints and concerns, including(at RECIPIENT's discretion)assisting in the proper handling of abandoned or illegally stored junk or nuisance vehicles. RECIPIENT will offer technical assistance about solid waste regulations and how to prevent or correct violations,and will enforce as necessary. RECIPIENT will provide public education about proper handling and disposal methods,and how to prevent violations. General: RECIPIENT employee participation in memberships,trainings,workshops,conferences,committees and or work groups must be pre-approved by ECOLOGY if not already listed as eligible in this scope of work. If travel is involved,RECIPIENT must Template Version 12/10/2020 State of Washington Department of Ecology Page 8 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT follow the state of Washington travel requirements as prescribed in chapter 43.03 RCW and Chapter 10 of the State Administrative&Accounting Manual from the Office of Financial Management.Travel costs,including per diem,are reimbursed up to the state rate. Costs eligible for reimbursement with supporting documentation include: •Recipient employee time to implement the scope of work. •Costs not listed here but pre-approved in writing by Ecology. Costs not eligible for reimbursement: •Overtime compensation(all hours are calculated at the regular rate of pay). •Costs not specifically identified in the task's scope of work or pre-approved in writing by Ecology. Task Goal Statement: The goal of this task is to protect human health and the environment by preventing and correcting violations of solid waste rules and regulations.RECIPIENT expects to accomplish this goal by providing technical assistance,education,compliance monitoring and enforcement when necessary. Task Expected Outcome: The RECIPIENT expects to resolve 280 solid waste complaints over the two year biennium. RECIPIENT plans to conduct 42 inspections of solid waste facilities or sites over the two year biennium. RECIPIENT will issue 20 solid waste facility or site permits over the two year biennium. Recipient Task Coordinator: Wendy Mathews Solid Waste Enforcement Deliverables Number Description Due Date 1.1 Task Expected Outcomes are the deliverables and achieved incrementally throughout the biennium. Template Version 12/10/2020 State of Washington Department of Ecology Page 9 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT BUDGET Funding Distribution EG220042 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Mason Co PH Funding Type: Grant Funding Effective Date: 07/01/2021 Funding Expiration Date: 06/30/2023 Funding Source: Title: Model Toxics Control Operating Account(MTCOA) Fund: Type: State Funding Source%: 100% Description: Local Solid Waste Financial Assistance Approved Indirect Costs Rate: Approved State Indirect Rate:30% Recipient Match%: 25% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Mason Co PH Task Total Solid Waste Enforcement $ 174,490.67 Total:$ 174,490.67 Template Version 12/10/2020 State of Washington Department of Ecology Page 10 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT Fundine Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Mason Co PH 25.00 % $ 43,622.67 $ 130,868.00 $ 174,490.67 Total $ 43,622.67 S 130,868.00 $ 174,490.67 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS If the scope of this Agreement includes recycling activity managed or performed by the RECIPIENT at a recycling center (such as a transfer station or drop box location)or other locations,Ecology will not reimburse disposal costs for materials collected or advertised as collected for recycling/reuse or marketed for recycling/reuse under this Agreement,unless approved in writing by Ecology.RECIPIENT must immediately notify ECOLOGY when the RECIPIENT becomes aware that disposal of materials occurred or may occur due to the market conditions for recycled/reused materials. ECOLOGY may deny new costs or require repayment of costs already reimbursed or remove the task from the Agreement or terminate the Agreement. Ecology will conduct a risk assessment of all Local Solid Waste Financial Assistance recipients.The level of risk determines the level of oversight required by Ecology throughout the biennium. If the RECIPIENT's performance or project circumstances change,Ecology may reassess risk and notify the RECIPIENT of any changes to administrative requirements. RECIPIENT shall update the Spending Plan and Outcomes Data Collection form at least quarterly.The Spending Plan and Outcomes Data Collection form must be completed concurrent with the submittal of each payment Request/Progress Report. RECIPIENT shall report outcomes in a manner consistent with instructions in the Local Solid Waste Financial Assistance guidelines. RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial(including payment requests),performance, and other reports required by this Agreement.Ecology shall have the right to deny reimbursement of payment requests received after this date. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. A.CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving contracts paid for with federal funds.If the RECIPIENT/CONTRACTOR is unable to certify to the statements Template Version 12/10/2020 State of Washington Department of Ecology Page 11 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant,person, primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal remedies,including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment.RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov>and print a copy of completed searches to document proof of compliance. B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than$25,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than$25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.Ecology is required to report the FFATA information for federally funded agreements,including the required DUNS number,at www.fsrs.gov A=://www.fsrs.gov/>within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending og v<hgp://www.usaspending.gov/>. For more details on FFATA requirements,see www.fsrs. o�p://www.fsrs.lzov/>. C.FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE Template Version 12/10/2020 State of Washington Department of Ecology Page 12 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT SERVICES OR EQUIPMENT: As required by 2 CFR 200.216,federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain;or 3. Enter into a contract(or extend or renew a contract)to procure or obtain equipment,services,or systems that use covered telecommunications equipment,video surveillance services or services as a substantial or essential component of any system,or as critical technology as part of any system.As described in Public Law 115-232 <hi!ps://www.govinfo.lzov/content/pkp-/PLAW-I l5publ232/pdf/PLAW-I 15publ232.pdf>,section 889,covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). Recipients,subrecipients,and borrowers also may not use federal funds to purchase certain prohibited equipment,systems,or services,including equipment,systems,or services produced or provided by entities identified in section 889,are recorded in the System for Award Management(SAM)<https://sam.gov/SAM/>exclusion list. Template Version 12/10/2020 State of Washington Department of Ecology Page 13 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 06/24/2021 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition." (https:Hfortress.wa.gov/ecy/publications/SummaryPages/1701004.htm1) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement.ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer,OCIO Policy no. 188, Accessibility(https://ocio.wa.gov/policy/accessibility)as it relates to"covered technology."This requirement applies to all products supplied under the Agreement,providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages,web-based applications,software systems,video and audio content,and electronic documents intended for publishing on Ecology's public web site. 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid,minimize,or mitigate adverse effects to archaeological and historic archaeological sites,historic buildings/structures,traditional cultural places,sacred sites,or other cultural resources,hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed,or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. *For state funded construction,demolition,or land acquisitions,comply with Governor Executive Order 21-02,Archaeological and Cultural Resources. Template Version 12/10/2020 State of Washington Department of Ecology Page 14 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966(Section 106). b) If required by the ECOLOGY Program,submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff,volunteers,and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site. c) If any Cultural Resources are found while conducting work under this Agreement,follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program,who will notify the Department of Archaeology and Historic Preservation at(360)586-3065, any affected Tribe,and the local government. d) If any human remains are found while conducting work under this Agreement,follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,the Department of Archaeology and Historic Preservation at(360)790-1633,and then the ECOLOGY Program. e) Comply with RCW 27.53,RCW 27.44,and RCW 68.50.645,and all other applicable local,state,and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,ECOLOGY,all affected local,state,or federal jurisdictions,and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website,https:Hofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process,you can contact Statewide Payee Help Desk at(360)407-8180 or email PayeeRegistration@ofin.wa.gov. h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion thereof,has been completed if,at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement,as appropriate,or upon completion of an audit as specified herein. Template Version 12/10/2020 State of Washington Department of Ecology Page 15 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial,performance,and other reports required by this Agreement.Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulations,and permits related to this Agreement,including but not limited to: a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or responsibility in the review,approval,or carrying out of this Agreement,shall not have any personal or financial interest,direct or indirect,nor affect the interest of any corporation,partnership,or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction,purchase of goods,equipment,services,and professional architectural and engineering services through a competitive process,if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal,fair,and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed,after concluding the review. Template Version 12/10/2020 State of Washington Department of Ecology Page 16 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal.The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties'choice of another mutually acceptable method,in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses environmental measurement data.RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance(QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004 (Ecology Publication No.04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system(EIM),unless the ECOLOGY Program instructs otherwise.The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM,find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System(GIS)data is collected and processed.Guidelines for Creating and Accessing GIS Data are available at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,when requested by ECOLOGY,shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,raw data collection files,map products,and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the project described herein,except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees,volunteers,or agents of each party who are engaged in the performance of this Agreement will continue to be employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of the other ply. Template Version 12/10/2020 State of Washington Department of Ecology Page 17 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and women-owned (WBE)businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to take the following actions,when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises(OMWBE) (866-208-1064)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable federal and state statutes and regulations;(b) The Agreement;(c)Scope of Work;(d)Special Terms and Conditions;(e)Any provisions or terms incorporated herein by reference,including the "Administrative Requirements for Recipients of Ecology Grants and Loans";(f)Ecology Funding Program Guidelines;and(g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten(10)business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible products developed. Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets,videos,audio tapes,CDs,curriculum,posters,media announcements,or gadgets with a message,such as a refrigerator magnet,and any online communications,such as web pages,blogs,and twitter campaigns.If it is not practical to provide a copy,then the RECIPIENT shall provide a description(photographs,drawings,printouts,etc.)that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING Template Version 12/10/2020 State of Washington Department of Ecology Page 18 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31,April I through June 30,July 1 through September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the quarter being reported. e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved by ECOLOGY,all financial,performance,and other reports required by the Agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive, and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others to use the same for federal,state,or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers,lectures,or seminars involving information supplied by ECOLOGY;or use logos,reports,maps,or other data in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate.ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,or upon specific instructions with respect thereto in this Agreement. e) Personal Property Fumished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates,or abstracts,and attorney's opinions establishing that the land is free from any impediment,lien,or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment, property,or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or construction costs of such property. Template Version 12/10/2020 State of Washington Department of Ecology Page 19 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT 22. RECORDS,AUDITS,AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state,federal or local representative for inspection at any time during the course of this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times,in order to monitor and evaluate performance,compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision,and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21 C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause,suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 State of Washington Department of Ecology Page 20 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low impact meetings,and setting up recycling and composting programs. b) Purchasing may include such items as:sustainably produced products and services, EPEAT registered computers and imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced packaging,office products that are refillable,rechargeable,and recyclable, 100%post-consumer recycled paper,and toxic free products. For more suggestions visit ECOLOGY's web page,Green Purchasing, https:Hecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the RECIPIENT,at the sole discretion of ECOLOGY,for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four(4)months after the effective date of this Agreement,or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails,in the opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement,in whole or in part,for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds.ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state,federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement,ECOLOGY,at its sole discretion,may elect to terminate the Agreement,in whole or part,or renegotiate the Agreement,subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension.Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT.In no Template Version 12/10/2020 State of Washington Department of Ecology Page 21 of 21 Agreement No: SWMLSWFA-2021-MaCoPH-00078 Project Title: SWE Mason County PH Recipient Name: MASON COUNTY PUBLIC HEALTH DEPARTMENT event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part,at any time,by mutual written agreement. d) In Event of Termination All finished or unfinished documents,data studies,surveys,drawings,maps,models,photographs,reports or other materials prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds,identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS From: Alex Paysse Action Agenda x Public Hearing Other DEPARTMENT: Community Services, EH EXT: 279 DATE: August 31st, 2021 Agenda Item # Commissioner staff to complete) BRIEFING DATE: 7/12/2021 and 8/23/2021 BRIEFING PRESENTED BY: Alex Paysse [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Clean Water District Advisory Committee Background: Mason County Code Chapter 6.88 directs the Board of County Commissioners to formalize a new advisory committee. This committee would oversee the implementation of the clean water district, closure response plans and progress on existing and future grant projects. Coordination with commission and partnering agencies resulted in the attached resolution for formal adoption. Budget Impacts: Staff expects this committee to meet quarterly. It is estimated to cost about $3,000 (annually) for staff participation in these meetings and administrative support for the committee. CWD funding will pay for these expenses. RECOMMENDED ACTION: Approval of the attached resolution creating the Mason County Clean Water District Advisory Committee. Attachment(s): Proposed resolution RESOLTUION NO. CREATION OF THE MASON COUNTY CLEAN WATER DISTRICT ADVISORY COMMITTEE WHEREAS, the Mason County Board of County Commissioners adopted the Mason County Clean Water District on May 1111, 2021, per Chapter 90.72 RCW, to address non-point pollution sources affecting shellfish harvest areas; and WHEREAS, State law (Chapter 90.72 RCW) allows for the county legislative authority to appoint a local advisory council to advise in implementation of shellfish protection programs. WHEREAS,the creation of the Mason County Clean Water District and adoption of Mason County Code Chapter 6.88 directs the Mason County Board of County Commissioners to create an advisory committee to assist in implementing the purposes and goals of the clean water district; and WHEREAS, Mason County has many partnering agencies and entities interested in preservation of clean water and shellfish harvest activities. NOW, THEREFORE, BE IT RESOLVED BY THE MASON COUNTY BOARD OF COUNTY COMMISSIONERS that the Mason County Clean Water District Advisory Committee is created; and BE IT FURTHER RESOLVED that the Advisory Committee shall have the following nine (9) official members with the following initial terms. • 1 Representative of the Mason County Board of County Commissioners ongoing • 1 Citizen from (residing within) the Clean Water District 1 year • 1 Citizen from (residing within) the Clean Water District 2 years • 1 Citizen from (residing within) the Clean Water District 3 years • 1 Representative from Mason Conversation District ongoing • 1 Representative from the Squaxin Island Tribe ongoing • 1 Representative from the Skokomish Tribe ongoing • 1 Representative of the Commercial Shellfish Growers ongoing • 1 Representative from City of Shelton ongoing Organizations listed with "ongoing" terms will determine their representatives. Citizen member positions shall be appointed by the Mason County Board of County Commissioners as described in the Boards and Commissions Handbook. After Initial terms, members will serve 3-year terms. The Mason County Board of County Commissioner position shall be non-voting except in the event of a tie vote. DATED this day of 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair McKenzie Smith, Clerk of the Board Sharon Trask, Commissioner APPROVED AS TO FORM: Tim Whitehead Kevin Shutty, Commissioner Chief Deputy Prosecuting Attorney MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Kell Rowen Action Agenda ❑ Public Hearing Q Other ❑ Department: Planning Ext: 286 Date: August 31, 2021 Agenda Item # (Commissioner Staff To Complete) Briefing Date: July 26, 2021 Briefing Presented By: Marissa Watson [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing August 31, 2021 at 9:15 a.m.to consider correction of the official Development Areas(Zoning) Map panel 8 of 10 for parcel 32026-10-90021(1 acre)from Rural Natural Resource (RNR)to Rural Residential 5(RRS). BACKGROUND: Originally this request was thought to be an official rezone for parcel 32026-10-90021 from Rural Natural Resource (RNR)to Rural Residential 5(RRS). But on further research of the working maps from the mid 9os,the excel spreadsheets for all the County parcels, and a short plat recorded in 1989 (#1856), it was found that the request qualified as a correction to the development areas(zoning) maps.This parcel is in the Rural Development Areas. This does not require an amendment to the Future Land Use Map.The intention of the applicant is to build a single family residence on the 1 acre. At their July 19, 2021 meeting, the Planning Advisory Commission voted to approve the recommendation to the Board of County Commissioners to correct the Development Areas (Zoning) map. RECOMMENDED ACTION: Board of County Commissioners shall approve the map correction of the official Development Areas (Zoning) Map panel 8 of 10 for parcel 32026-10-90021(1 acre)from Rural Natural Resource (RNR)to Rural Residential 5(RRS). ATTACHMENT(S): Ordinance Staff Report with Attachments 8/18/2021 ORDINANCE NUMBER AMENDMENT TO MASON COUNTY DEVELOPMENT AREAS MAP PANEL 8 OF 10 RANDALL CORRECTION ORDINANCE Mason County Development Areas (Zoning) Map under the authority of RCW 36.70A. WHEREAS, the Washington State Growth Management Act (RCW 36.70A.130) requires each county, including Mason County, to take legislative action to review and revise its comprehensive plan and development regulations to ensure that the plan and regulations continue to comply with the requirements of the Act; and WHEREAS, in June 2021 the Mason County Planning Department discovered a mapping error on the Development Areas Map Panel 8 of 10; and WHEREAS, the Planning Department concluded through research that parcel number 32026- 10-90021 was incorrectly designated and adopted as Rural Natural Resource (RNR); WHEREAS, the same parcel was incorrectly mapped as Rural Natural Resource (RNR); and WHEREAS, on July 19, 2021, the Mason County Planning Advisory Commission held a public hearing to consider the correction and passed a motion to recommend approval of said correction; and WHEREAS,the Commissioners considered the requested correction at a duly advertised public hearing on August 31, 2021; and WHEREAS,the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments and testimony, and considered all the comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the correction to the Development Areas Map Panel 8 of 10 complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS correction to the Mason County Development Areas Map Panel 8 of 10 for parcel 32026-10-90021 from Rural Natural Resource (RNR) to Rural Residential 5 (RR5). DATED this day of 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim Whitehea Kevin Shutty, Commissioner z Page 1 August 18,2021 MAP CORRECTION - PROPOSED CORRECTION OF THE OFFICIAL DEVELOPMENT AREAS (ZONING) MAP PANEL 8 OF 10 FOR PARCEL 32026-10-90021 FRoM RURAL NATURAL RESOURCE (RNR) TO RURAL RESIDENTIAL 5 (RR5). STAFF CONTACT Marissa Watson, Senior Planner Ext#367 APPLICANT PROPERTY OWNER Department of Community Development Karen Randall 615 W.Alder St. 3550 SE Arcadia Rd Shelton,Wa 98584 Shelton,Wa 98584 SUMMARY OF PROPOSAL Originally this request was thought to be an official rezone for parcel 32026-10-90021 from Rural Natural Resource (RNR)to Rural Residential 5 (RR5). But on further research of the working maps from the mid gos,the excel spreadsheets for all the County parcels,and a short plat recorded in 1989 (#1856), it was found that the request qualified as a correction to the development areas (zoning) maps. This parcel is in the Rural Development Areas. This does not require an amendment to the Future Land Use Map.The intention of the applicant is to build a single family residence on the 1 acre. PARCEL INFORMATION Parcel No.32026-10-90021: Originally a seven (7)acre parcel, under the parcel number of 32026-10- 00020,was subdivided into a six(6)acre lot and a one(1)acre lot;this subdivision was completed and recorded in 1989 prior to implementation of zoning in Mason County. The short plat information didn't get transferred to the working maps used in the mid gos to designate parcels,thus the original parcel number,ending in-00020,got transferred to the excel spreadsheets and then onto GIS where both the six acre parcel and the one acre parcel continued to be represented as Rural Natural Resource.The one acre parcel should have been designated Rural Residential 5 like the surrounding parcels because it did not meet the size requirements for Rural Natural Resource which is at least 5 acres. ZONING INFORMATION CURRENT ZONING DESIGNATION: Rural Natural Resource(RNR) The rural natural resource(RNR)district provides for isolated areas of resource based industry outside of the designated resource lands. Uses include processing of native natural materials, including forest products, mining, aquaculture, agriculture.Accessory uses of storage of finished products, retail sales of products up to ten percent of building area. Density and Lot Size. Five acres or greater dependent on subject property location. PROPOSED ZONING DESIGNATION: Staff Report_Randall-BOCC.docx Page 2 August 18,2021 Rural Residential 5(RR5) This district provides for residential development on parcels of five acres or more. BACKGROUND The applicant submitted a complete rezone application, with fees, to the Permit Assistance Center on 5/25/2021. The applicant and parcel owner, Karen Randall is intending to build a single family residence on the lot. She initially made a building permit submittal appointment. It was during this time that she found out she had to apply for a rezone of the 1 acre in order to place a residential structure. After further research by staff a correction rather than a rezone was found to be appropriate. ANALYSIS The subject parcel is not developed and has been cleared of trees and currently acts as an open field for horses.The parcel 32026-10-90021 did not meet the required size for Rural Natural Resource in the past but the existence of the short plat was unfortunately missed when the designation of parcels took place and the error perpetuated in the GIS mapping and within the Department of Community Development map panels for the Development Areas(zoning). Under Section 17.05.o8o(a) MCC are eight rezone criteria used in review of rezone proposals which would be entered into written findings.These criteria are not addressed because a mapping correction does not constitute a rezone. STATE ENVIRONMENT PROTECTION ACT (SEPA) Though mapping corrections are exempt from SEPA per WAC 197-11-800(6), a SEPA checklist was prepared for this project in the belief that it was a rezone request. A formal SEPA Determination of Non-Significance was made on June 8, 2021. Comment period forthis determination closed on June 22, 2021. No comments received during the comment period. PUBLIC NOTIFICATION All property owners within 300 feet of the subject parcel were notified by mail informing them of the proposal to rezone the property. In addition, Public Notice of the PAC public hearing was published in the Mason Shelton Journal on July 8 and July IS, 2021. The Public Notice was posted onsite on June 14, 2021. Publication of this public hearing was published in the Mason Shelton Journal on August 12 and August 19, 2021. PUBLIC COMMENTS At the time of drafting this report no comments had been received. SUMMARY AND RECOMMENDATION Staff and the PAC recommend that the Board of County Commissioners approve this requested correction to the Official Development Areas(zoning)map Panel 8 of 1o. ATTACHMENTS • Error correction map • Short Plat#1856(rec.1989) Staff Report Randall- BOCC.docx Page 3 August 18,2021 • Working map(mid gos) • Zoning Excel Spreadsheet • Notice of Hearing(info as if request rezone) • 6o-Day Notice to Commerce(info as if request rezone—will update with notice of adoption) • Property owners within 300'who received notice by mail (notified prior to correction identification • SEPA DNS(Issued prior to correction identification) Staff Report_Randall-BOCC.docx Map Error Correction - 32026-10-90021 � I M { �*3�•r...�,« Tom. Y � 3r«gym 4 V r 3 Existing Zoning Shown as Rural Natural Resource RNR Correct Zoning Rural Residential 5(RR5): 7f1I2021.4:23:40 PM 1:49.154 0 0.4_ 0.85 1.7 mi © Countx Boundary Inhoktirxt L wxls Real Residential 10 Acres Long Tcm►Conmerci i faea 0 O.S 1 2 km Development Ateos Rural Pesider%04 2 S Aaes Rural Residmtiai 20 Acres Pural Tsarist Pal l+k$i Fltl»ily r 'k-6t mKMIat. 1,WI*% *M OC DYSA Rural Pesidential S Acres ---'I Ayrictltural Pescurce La nd& Pural Tourist-{ampgirmrnd udunL�:acr WAG6's*b ASsvAusr,--m+rn R,:ft rdOHm i ae s,mm&t c?wgnSsee Atia e s eeeuRS*> SY-SA, I i I � r 432 0f7 SNirt Plat h1o.i^trs� AProved; y'-13 i i I V G 1y SC J �nn� �(L, srJ � T ! r o , ne a M j Servi t s MARKING: Mason County has no respo bilit to ld, improve, maintain, Pr = otherwise service the pri roa s cn tkined within'or providir4 service to the propert n tge`Short Subdivision. I ! , QJ i L ! 1 '� . G A ' Q Q i i I �gy4i1F �alited C. IJ�S L��. Kx� A-)014L-L Z'; .! 3530 AWW' Wi10. , NOTE: This is NOT a survey. Courses and distanc$s' are i llustrOlve only. I i j i I ;i it 1 06 1 h Of99 zip Nll W (3 4*4 �ji17 y !V a Z f H7l vm n,, n •°t .is �1'3 MQ riG 1 � � }fir � >r .�►� � Q\ � � I t -0,S F E Lll ; n� 04 .. 4 Z_ v to L�obi � �yY or IL CI) county_all 319202400030 0 1320 0 13.2 MEAT AND MEAT PRODUCTS ICIA 5146 5 319292300000 0 3041 0 30.41 SAND AND GRAVEL QUARRYING ICIA 8543 9 320043400010 161 0 0 1.61 WHOLESALE GREENS ICIA 3982 2 320133300010 0 298 0 2.98 GROCERIES (GENERAL LINE) ICIA 5410 5 320174100010 0 46 0 0.46 COMMERCIAL ICIA 9170 5 320174100021 0 240 0 2.4 COMMERCIAL ICIA 9170 5 320174100030 0 0 158 1.58 TIMBERLAND CURRENT USE ICIA 9500 10 320174100040 0 25 0 0.25 REPAIR SERVICES ICIA 6400 5 320174100050 0 0 117 1.17 TIMBERLAND CURRENT USE ICIA 9500 10 320261000020 600 100 0 7 LUMBER/WOOD PRODUCTS EX FURN ICIA 2400 2 320274300030 0 500 0 5 RIDING STABLES ICIA 7416 5 320281200060 0 66 0 0.66 WATER WELL DRILLING SERVICES ICIA 6628 5 320287600030 0 175 0 1.75 ANIMAL HOSPITAL SERVICES ICIA 8222 8 320291490170 0 41 0 0.41 MILLWORK ICIA 2431 2 320293290043 0 296 0 2.96 WHOLESALE GREENS ICIA 3982 2 320304100250 0 100 0 1 REAGENTS,BROKERS,MANAGE SERV ICIA 6152 5 320304490000 0 336 0 3.36 BUILDING MATERIALS ICIA 5212 5 320311100010 0 12 0 0.12 SECONDHAND MERCHANDISE ICIA 5932 5 320311100020 0 12 0 0.12 SECONDHAND MERCHANDISE ICIA 5932 5 320311100070 0 683 0 6.83 OTHER WAREHOUSING/STORAGE NEC ICIA 6379 5 320322390010 0 201 0 2.01 AUTOMOBILE REPAIR SERVICES ICIA 6411 5 320323290030 0 250 0 2.5 GENERAL WAREHOUSING & STORAGE ICIA 6376 5 Page 1 MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Mason County Planning Advisory Commission will hold a public hearing via Zoom on Monday, July 19, 2021 at 6:00 p.m. SAID HEARING will be to consider adopting the following Development Areas amendment (REZONE): • REQUEST TO REZONE TO RR5. REZONE OF 1 ACRE, FROM RURAL NATURAL RESOURCE TO RURAL RESIDENTIAL 5. SEVEN (7)ACRE PARCEL WAS SUBDIVIDED PRIOR TO ZONING IMPLEMENTATION IN MASON COUNTY. RESULT WAS A 6 ACRE PORTION USED ACCORDING TO RURAL NATURAL RESOURCE ZONING PERMITTED USES AND 1 ACRE UNUSED BUT ALSO ZONED RURAL NATURAL RESOURCE WHEN IT SHOULD HAVE BEEN RURAL RESIDENTIAL 5 LIKE THE SURROUNDING AREA. LOCATION: PARCEL: 32026-10-90021 ADDRESS: 3550 SE ARCADIA RD; SHELTON, WA 98584 Any person desiring to express their view or to be notified of the action taken on the application should attend virtually or notify: MASON COUNTY DEPARTMENT OF COMMUNITY SERVICES 615 W. Alder Street Shelton, WA 98584 mwatson@co.mason.wa.us (360) 427-9670 ext. 367 Please visit the Mason County website (http://www.co.mason.wa.us/ac/planning- commission/index.php) for a detailed list of agenda items. If special accommodations are needed, or for information on how to attend this public meeting via Zoom, please contact Mariah Frazier at mfrazier(a co.mason.wa.us or call (360)427-9670 Ext 365. 4 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525• Olympia, Washington 98504-2525• (360) 725-4000 www.commerce.wa.gov 06/08/2021 Ms. Marissa Watson Senior Planner Mason County 411 N 5th Street Shelton,WA 98332 Sent Via Electronic Mail Re: Mason County--2021-S-2755--60-day Notice of Intent to Adopt Amendment Dear Ms.Watson: Thank you for sending the Washington State Department of Commerce(Commerce)the 60-day Notice of Intent to Adopt Amendment as required under RCW 36.70A.106. We received your submittal with the following description. REZONE OF 1 ACRE(PARCEL 32026-10-90021)FROM RURAL NATURAL RESOURCE TO RURAL RESIDENTIAL 5.SEVEN(7)ACRE PARCEL WAS SUBDIVIDED PRIOR TO ZONING IMPLEMENTATION IN MASON COUNTY. RESULT WAS A 6 ACRE PORTION USED ACCORDING TO RURAL NATURAL RESOURCE ZONING PERMITTED USES AND 1 ACRE UNUSED BUT ALSO ZONED RURAL NATURAL RESOURCE WHEN IT SHOULD HAVE BEEN RURAL RESIDENTIAL 5 LIKE THE SURROUNDING AREA. We received your submittal on 06/08/2021 and processed it with the Submittal ID 2021-S-2755. Please keep this letter as documentation that you have met this procedural requirement. Your 60 -day notice period ends on 08/07/2021. We have forwarded a copy of this notice to other state agencies for comment. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions,please contact Growth Management Services at reviewteam@commerce.wa.gov,or call Gary Idleburg, (360) 725-3045. Sincerely, Review Team Growth Management Services Page: 1 of 1 JONES, ALLEN L & ROBERTAA t'tl"�ttttt„it�tt„tt,t,I�t„ttt��tt'll'Itt�'tl"'ultilllllt't 3721 SE ARCADIA RD BAKER, JOSEPHINE SHELTON WA 98584 8377 50 SE STOTSBERRY RD SHELTON WA 985849327 'illttl'tt'It'It��nttlntutl'tl�tit„Itll,t,tllttt�tttt,lttult 'Illttl't�'It'it"ttttlttttttl,tl�tli„Itll,t�tllttt�tttt�ltutll TAYLOR TIMBER INVESTMENT CO RANDALL, EUNICE A 130 SE LYNCH RD 3530 SE ARCADIA RD SHELTON WA 98584 SHELTON WA 98584 „G-I;_;t MASON COUNTY . Planning Division of Community Development • �<1 Planning DEPARTMENT 615 W. Alder St. Bldg. 8, Shelton, WA 98584 360-427-9670 ext 352 DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-340) SEP2021-00038 Description of Proposal: REZONE OF 1 ACRE FROM RURAL NATURAL RESOURCE TO RURAL RESIDENTIAL 5. SEVEN (7)ACRE PARCEL WAS SUBDIVIDED PRIOR TO ZONING IMPLEMENTATION IN MASON COUNTY. RESULT WAS A 6 ACRE PORTION USED ACCORDING TO RURAL NATURAL RESOURCE ZONING PERMITTED USES AND 1 ACRE UNUSED BUT ALSO ZONED RURAL NATURAL RESOURCE WHEN IT SHOULD HAVE BEEN RURAL RESIDENTIAL 5 LIKE THE SURROUNDING AREA. Proponent: RANDALL KAREN A Location of Proposal: 3550 SE ARCADIA RD Parcel Number: 320261090021 Legal Description. LOT: l OF SP 41856 PTN NE Lead Agency: Mason County The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement(EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. Please contact Marissa Watson at 360-427-9670 x352 with any questions. This DNS is issued under WAC 197-11-340(2). The Lead Agency will not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to the Dept. of Community Development, 615 W Alder St, Shelton WA 98584 by 06/22/2021. Appeal of this determination must be filed with a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. Z2- Au4rized Local Government Official -Date Printed by:Marissa Watson on:06/08/2021 03:08 PM Page I of 1 SEPA Environmental Checklist i Mason County Permit Center Use.' SEP Single Family DNS: $600.00 ❑ Other DNS: 0 to 9.99 acres: $730 Parcel#: )'wo 16 .._*C)2'1 j 10 to 20 acres: $880 Over 20 acres: $1100 I Date Revd: ❑ DS/EIS: $5000+ $90 per hour I RECEIVED 1 MAY 2 5 202� I 615 t i Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: help] This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. A. BACKGROUND[neipi 1. Name of proposed project, if applicable: [hetpl 2. Name of applicant: nelp / 3. Address and phone number of applicant and contact person: litelp] f�rLeecl( Z (C_ Jog SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 1 of 11 4. Date checklist prepared: JneM S /� f 5. Agency requesting checklist: hf ell Id�� 6. Proposed timing or s edule (includ' /g phasing, if applicable): (nel P5 5CO1 Ct S 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this ,proposal? If yes, explain. h� pu-4- &-i 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. [neM RW u cc J L�r'gej-o 7O h L v,( 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. tLeM t7 0 10. List any government approvals or permits that will be needed for your proposal, if known. help 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) hee / -q� OO U ✓ 13-O I/ ( � Iq'4 4 7 A, �.•a,�I W A b 5�+�7 O�i v e of'tU/�v.'o✓ Z o u w.a q yJ e i n.(Pl a �1.e.aN < J /�(ayvn fouN , �9�,�. /a02�G—�.✓�;v..+ �ykvu[o[h��G+,�e,u'CaJ/�(ca( /'v✓a/rey;o[ev/'�'a /. 12. Location of the roposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. n Parcel#(s): -1O J(o - 0 �1 I Address: -�.S 3C) 6'Z /If lZ A- - Legal Description: ') Lj e4 t0iii - JO Al- Twp/Range/Section and/or GPS location: SEPA Environmental checklist(WAC 197-11.960)(MC version-non project portion omitted): 2016 Page 2 of 11 B. ENVIRONMENTAL ELEMENTS Ins;O,] 1. Earth a. General description of the site pneiol (circle one):�Flat, rolling, hilly, steep slopes, mountainous, other: b. What is the steepest slope on the site (approximate percent slope)? nei c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. k �� l C %, / S ozo Gf [ raw C l p 0 r 11')i✓'U d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. L1e]fJ I\ h e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. tied 1 f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Lno, i'1 ( g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? help] 0-o -1 leiL li. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Illelpi 2. Air d a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. L,ej1)] n one b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. ne(, /,U c. Proposed measures to reduce or control emissions or other impacts to air, if any: nci SEPA Environmental checklist(WAC 197.11-960)(MC version-non project portion omitted): 2016 Page 3 of 11 3. Water a. Surface Water: [hJ�l I) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. [i eip, 2) Will the project require any work over, in, or adjacent to (within 200 feet)the described waters? If yes, please describe and attach available plans. n J 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. [help] 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. [help] 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. [heel 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. [help] b. Ground Water: 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. fhell)) 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals. . . ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. ft1eU c. Water runoff(including stormwater): 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. i ei SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 4 of 11 2) Could waste materials enter ground or surface waters? If so, generally describe. [help] 1') C' 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. 11(-) d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: �, 5 s� �e<� r rn �:� �b I r) 4. Plants [1)p1_] a. Check the types of vegetation found on the site: hel deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs grass pasture crop or grain orchards, vineyards or other permanent crops wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and mount of vegetation will be removed or altered? LneM A -,_(' �rx> 5 . �, . ►I do c. List threatened and endangered species known to be on or near the site. nei it 0 d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: hei e. List all noxious weeds and indasive species known to be on or near the site. 5. Animals a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: [heii)l birds: hawk, heron, eagle, songbirds, other: T_ 10/1/1',-c/S mammals: deer, bear, elk, beaver, other: r V !' fish: bass, salmon, trout, herring, shellfish, other: r'�c Page 5 of 11 SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 b. List any threatened and endangered species known to be on or near the site. pjem I1Cy-J 4L c. Is the site part of a migration route? If so, explain. [help] nv d. Proposed measures to preserve or enhance wildlife, if any. [help] (-,0h(- e. List any invasive animal species known to be on or near the site. )'1 U n 6. Energy and natural resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. ii i eip] e 1-C C +4 -" b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. lhei r () c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: [heV 7. Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. hei> 1) Describe any known or possible contamination at the site from present or past uses. 11Ci ) (-� 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. / l 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. it CW)-(L- 4) Describe special emergency services that might be required. !1 Uri SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 6 of 11 5) Proposed measures to reduce or control environmental health hazards, if any: p vie b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? II,elpi 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indi- cate what hours noise would come from the site, neip] (3 ' 5- 3) Proposed measures to reduce or control noise impacts, if any: L,M 8. Land and shoreline use a. What is the current use of the site and adjacent properties?Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. held] n 5 � ��-��ec b. Has the project site been used as working farmlands or working forest lands? If so, describe. i1 b How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? i-t Gl�C If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? Liielp1 + tq C-rC, 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: (1 LI c. Describe any structures on the site. [help] l� or1C� d. Will any structures be demolished? If so, what? ttic pj e. What is the current zoning classification of the site? [iieipl riZt�ry� f. What is the current comprehensive plan designation of the site? nei SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 7 of 11 g. If applicable, what is the current shoreline master program designation of the site? [help] Yl G1 C h. Has any part of the site been classified as a critical area by the city or county? If so, specify. i. Approximately how many people would reside or work in the completed project? hem j. Approximately how many people would the completed project displace? hf emPl 0 k. Proposed measures to avoid or reduce displacement impacts, if any: hem olki L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: [iiel pt N/i1 m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. hem_J , U11 r + 1 i't t J �?C (��►')e b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. tf ehA C,- c. Proposed measures to reduce or control housing impacts, if any: hem� 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? tkilj / b. What views in the immediate vicinity would be altered or obstructed? lhelp1 11on(�_ c. Proposed measures to reduce or control aesthetic impacts, if any: hem 11. Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? hj eM "U,0 b. Could light or glare from the finished project be a safety hazard or interfere with views? hem SEPA Environmental checklist(WAC 197.11-960)(MC version-non project portion omitted): 2016 Page 8 of 11 c. What existing off-site sources of light or glare may affect your proposal? Lnel %� d. Proposed measures to reduce or control light and glare impacts, if any: [help] 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? he( l nv/1C b. Would the proposed project displace any existing recreational uses? If so, describe. Leipl /1 U c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: jhem 13. Historic and cultural preservation a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site? If so, specifically describe. heipi � I �,7G/. 14 b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. [ogip] t ) O c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. help] ✓�rj,y d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. I V�� 14. Transportation a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. (,e M SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 9 of 11 b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? net J 0U -� L/ /"7kj c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? hej)] r('�"' -r� ��r- [' ,� ; d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). [help] r C e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. ljljeji� C n f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? Lieipj g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. /-)C' h. Proposed measures to reduce or control transportation impacts, if any: (help] 15. Public services a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. het j b. Proposed measures to reduce or control direct impacts on public services, if any. [iielpl 16. Utilities a. Circle utilities currently available at the site: t[,eip] �l®strisity� natural gas, water, refuse service, telephone, sanitary sewer, ntic systers ,, other SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 10 of 11 b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. lt,,:q,] L � �C4T' < < � y C�7c�� C. SIGNATURE hi�� The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Ire.,e Date Signed: Print Name of Signee: /�r e 1 >('�i1 fh l( If applicable, Position and Agency/Organization: Date Submitted: SEPA Environmental checklist(WAC 197-11-960)(MC version-non project portion omitted): 2016 Page 11 of 11 15. Public Services f_he�1 a. Would the project result in an increased need for public services (for example: fire p ection, police protection, public transit, health care, schools, other)? If so, generally des e. b. Proposed measures to reduce or control direct impacts on public sere' es, if any. 16. Utilities hL e a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephon , sanitary sewer, septic system, other c. Describe the utilities that are proposed for e project, the utility providing the service, and the general construction activities the site or in the immediate vicinity which might be needed. C. Signature H P The above answer re true and complete to the best of my knowledge. I understand that the lead agency is re Ing on them to make its decision. Signature: Name of *gnee Positio and Agency/Organization Da Submitted: (�) Supplemental sheet for nonproject actions LtIEAP (IT IS NOT NECESSARY to use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 12 of 14 1. How would the proposal be likely to increase discharge to water; emissions to air; pro- duction, storage, or release of toxic or hazardous substances; or production of noise? Proposed measures to avoid or r duce such increases are: l c��� o �,, o� S �U E ie -Loh-e,, iS rD (S �C ew11 � 6� �oV p,r KA7_1AV � s `�u�f�HCeS ��d`Y o doCK o��i -o✓ o �Ct.� �e� u�,\\ �qe Udd�tre�er�'t�` � tl A&C,11 pikVC_ , 2. vow�oul e proposal be Ii cely tb aff�ct planfs, animals, fish, or marine life? Y Mwek}ev pt ct-v\ h O 6Z4 4,e C+ O CK O V) of h o g 5Ie. wt �O,e t Jp i CLK� o{ Ck Y of '�'2►t I�o. (U- , Proposed measures to protect or conserve plants, animals, fish, or marine life are: °sEC' vf.W_-� ; q anw.e C.(CV.e- W'.' Vr"Crn1 3. How would the proposal be likely to deplete energy or natural resources? () Or+ I *k �_(&(-A rProposed measures to protect or conserve energy and natural resoulr es are: ,k57 o, QVQAV'--cL 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? L a, -,( ;5 qC)+ �' � ),I cot 50 SAOC(-W �� 2 ho e4e4 Proposed measures to protect such resources or to avoid or reduce impacts are: � h}br iLa tf acre a/f^ C/'care P�uet�ow� o�✓j�ait7G� �'cQ. !l'hovlot -'of 14/eee-e-S>`. I"f/ . . 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Proposed measures to avoid or reduce shoreline and land use impacts are: t ,pgvc�( was � �� '✓ � prior' �a zatvI l ✓_ II .� .>UII I � r,vN e- C,,e V�e. S�o lcl �U vim— l�e►U Y o v l Z o►� fv (t'r,,ot'e'yjJ j h°f qua 5 '441 - SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 13 of 14 6. How would the proposal be likely to increase demands on transportation or public services and utilities? 4 (Y 6c��� 2 Proposed measures to reduce or respond to such demand(s) are: V!7 �i fi C5� Ito ada�/`� o •a wovrA1iIC- ✓ U�7�i �i tSvvi Cr+S Pro) �VK u,-64 do C /U ,-ezaPt 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 14 of 14 I'ATe. b i Y rJ STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47775 •Olympia, Washington 98504-7775 •(360)407-6300 711 for Washington Relay Service •Persons with a speech disability can call 877-833-6341 June 22, 2021 Marissa Watson, Planner I Mason County Department of Community Services Planning Division PO Box 279 Shelton, WA 98584 Dear Marissa Watson: Thank you for the opportunity to comment on the determination of nonsignificance for the Randall Rezone Project(SEP2021-00038) located at 3550 Southeast Arcadia Road as proposed by Karen Randall. The Department of Ecology(Ecology)reviewed the environmental checklist and has the following comment(s): SOLID WASTE MANAGEMENT: Derek Rockett(360) 407-6287 All grading and filling of land must utilize only clean fill. All other materials may be considered solid waste and permit approval may be required from the local jurisdictional health department prior to filling. All removed debris resulting from this project must be disposed of at an approved site. Contact the local jurisdictional health department for proper management of these materials. WATER QUALITY/WATERSHED RESOURCES UNIT: Morgan Maupin (360)407-7320 Erosion control measures must be in place prior to any clearing, grading, or construction. These control measures must be effective to prevent stormwater runoff from carrying soil and other pollutants into surface water or stormdrains that lead to waters of the state. Sand, silt, clay particles, and soil will damage aquatic habitat and are considered to be pollutants. Any discharge of sediment-laden runoff or other pollutants to waters of the state is in violation of Chapter 90.48 RCW, Water Pollution Control, and WAC 173-201A, Water Quality Standards for Surface Waters of the State of Washington, and is subject to enforcement action. Marissa Watson June 22, 2021 Page 2 Ecology's comments are based upon information provided by the lead agency. As such,they may not constitute an exhaustive list of the various authorizations that must be obtained or legal requirements that must be fulfilled in order to cant'out the proposed action. If you have any questions or would like to respond to these comments,please contact the appropriate reviewing staff listed above. Department of Ecology Southwest Regional Office (GMP:202103032) cc: Derek Rockett, SWM Morgan Maupin, WQ MASON COUNTY AGENDA ITEM SUMMARY FORM o: Board of Mason County Commissioners From: Kell Rowen Action Agenda ❑ Public Hearing Q Other ❑ Department: Planning Ext: 286 Date: August 31, 2021 Agenda Item #10.2 (Commissioner Staff To Complete) Briefing Date: July 26, 2021 Briefing Presented By: Marissa Watson [ ] Item Was Not Previously Briefed With The Board Please Provide Explanation Of Urgency ITEM: Public hearing August 31, 2021 at 9:15 a.m.to consider request to rezone three parcels (32007-14-90024,32007-14-90021, &32007-14-90034)from Neighborhood Residential (NR)to Commercial Industrial (CI). These parcels are in the Shelton UGA.This does not require an amendment to the Future Land Use Map. BACKGROUND: Three parcels currently zoned Neighborhood Residential are proposed for rezone to Commercial Industrial.The parcels are adjacent,on the west and north side,to existing Commercial Industrial zoned parcels that stretch out along the E Johns Prairie Rd for approximately 2 miles. Parcel 32007-14-90024 is partially encumbered by power lines and a BPA access road. Parcel 32007-14-90034 is bordered by an undeveloped parcel zoned Neighborhood Residential and all three parcels are separated from additional NR zoned parcels to the north by East Hiawatha Boulevard.The city limits border the parcels(32007-14- 90021 and 32007-14-90034)to the south with a large undeveloped,approximately 82 acre, parcel owned by the Manke family.The adjacent undeveloped parcel to the east,zoned Neighborhood Residential,is still treed.The requested rezone is meant to provide the Hiawatha Corp. potential lot area to expand the business. At their July 19, 2021 meeting,the Planning Advisory Commission voted to approve the recommendation to the Board of County Commissioners to rezone the parcels from Neighborhood Residential(NR)to Commercial Industrial(CI)with the caveat that there was a binding restriction that access must be off of John's Prairie and that the visual and noise buffering required in the Shelton UGA development regulations be adhered to. RECOMMENDED ACTION: Board of County Commissioners shall approve the request to rezone three parcels(32007- 14-90024, 32007-14-90021, &32007-14-90034)from Neighborhood Residential (NR)to Commercial Industrial(CI). ATTACHMENTS(S): Ordinance Staff Report with Attachments 8/18/2021 ORDINANCE NUMBER AMENDMENTTO MASON COUNTYSHELTON UGA MAP NEW HIAWATHA LLC REZONE ORDINANCE Mason County Shelton Urban Growth Area (UGA) Map (rezone) under the authority of RCW 36.70A. WHEREAS, the Washington State Growth Management Act (RCW 36.70A.130) requires each county, including Mason County, to take legislative action to review and revise its comprehensive plan and development regulations to ensure that the plan and regulations continue to comply with the requirements of the Act; and WHEREAS, the County needs to address certain requests for comprehensive plan and zoning changes to meet the goals and requirements of Chapter 36.70A RCW (Growth Management Act); and WHEREAS, New Hiawatha LLC, owner of real property in Mason County known as parcels 32007-14-90024, 32007-14-90021, & 32007-14-90034, has requested a zoning change of the properties from Neighborhood Residential (NR) to Commercial Industrial (CI); and WHEREAS, on July 19, 2021, the Mason County Planning Advisory Commission held a public hearingto considerthe amendment and passed a unanimous motion to recommend approval of said rezone; and WHEREAS, the Board of County Commissioners considered the requested rezone at a duly advertised public hearing on August 31, 2021; and WHEREAS,the Board of County Commissioners took public testimony from interested parties, considered all the written and oral arguments,testimony and comments presented; and WHEREAS, the Board of County Commissioners also considered the Staff Report and recommendations of the Mason County Planning Advisory Commission; and WHEREAS, the Board of County Commissioners finds that the proposed amendment to the Shelton UGA Map complies with all applicable requirements of the Growth Management Act, the Comprehensive Plan, and the Mason County Code, and that it is in the best public interest; and BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and ADOPTS amendment to the Mason County Shelton UGA Map rezoning parcels 32007-14- 90024, 32007-14-90021, & 32007-14-90034 from Neighborhood Residential (NR) to Commercial Industrial (CI). DATED this day of 2021. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: Randy Neatherlin, Chair McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: Sharon Trask, Commissioner Tim White ea , Chief DPA Kevin Shutty, Commissioner z Page I August 18,2021 REQUEST FOR REZONE APPLICANT PROPOSAL - PROPOSED REZONE OF THREE PARCELS TOTALING 6 ACRES FROM NEIGHBORHOOD RESIDFNTIAL (NR) TO COMMERCIAL INDUSTRIAL (CI) WITHIN THE SHELTON LIGA. STAFF CONTACT Marissa Watson, Senior Planner Ext#367 APPLICANT PROPERTY OWNER New Hiawatha LLC., C/O Mark Kamin Same 216o Cove Road Ellensburg, WA 98926 SUMMARY OF PROPOSAL Rezone parcels 32o07-14-9oo24,32007-14-90021,&32007-14-90034from Neighborhood Residential (NR)to Commercial Industrial (CI). These parcels are in the Shelton UGA. This does not require an amendment to the Future Land Use Map.The rezone would provide room for growth of the existing local business Hiawatha Corp. PARCEL INFORMATION Parcels No. 32007-14-g0024, �2007-14-90021, & 32007-14-goo34: Three parcels currently zoned Neighborhood Residential are proposed for rezone to Commercial Industrial. The parcels are adjacent,on the west and north side,to existing Commercial Industrial zoned parcels that stretch out along the E Johns Prairie Rd for approximately 2 miles. Parcel 32007-14-90024 is partially encumbered by power lines and a BPA access road. Parcel 32007-14-90034 is bordered by an undeveloped parcel zoned Neighborhood Residential and all three parcels are separated from additional NR zoned parcels to the north by East Hiawatha Boulevard. The city limits border the parcels(3zoo7-14-90021 and 32007-14-90034)to the south with a large undeveloped,approximately 82 acre, parcel owned by the Manke family.A small wetland is mapped on the Manke parcel, but it is over 800 feet from the parcels in question, well beyond Resource Ordinance defined buffers. The subject parcels appear to have been treed well throughout the last 20 years with what looks to be minimal thinning/brush removal at different periods. The adjacent undeveloped parcel to the east, zoned Neighborhood Residential, is still treed. ZONING INFORMATION CURRENT ZONING DESIGNATION: Neighborhood Residential (NR) The neighborhood residential district(NR) is designed to provide for a variety of housing types throughout the Shelton UGA while maintaining neighborhood definition.The regulations are intended to permit flexibility in the arrangement of structures on the site in order to encourage good architectural design, ensure adequate light and air, and allow compatible development of uses. Staff Report_New Hiawatha LLC- BOCC.docx Page 2 August 18,2021 PROPOSED ZONING DESIGNATION: Commercial Industrial (CI) This designation provides for light manufacturing,flex space, research and development, and limited retail and service uses that support the industrial uses in the zone.This Commercial- Industrial mixed area should be buffered from residential uses through the provision of adequate mitigation, including landscaping, as a part of site plans for these higher intensity uses. In addition,to lessen traffic congestion that may be created by these uses,the Commercial- Industrial District shall be located in areas directly accessible to the arterial and transportation systems of the county.This limitation is not intended to restrict access to local roads from private parcels. BACKGROUND The applicant submitted a complete rezone application, with fees, to the Permit Assistance Center on 5/28/2023. and revised the application on o6/04/21 to include all three parcels. The applicant, Hiawatha LLC, is intending to utilize the parcels for potential expansion of the existing business Hiawatha Corp. ANALYSIS Mason County Code Section 17.o5.o8o(a)describes the eight rezone criteria used to review a rezone proposal. These criterions have been established and adopted specifically for Mason County to establish standards by which each rezone is to be reviewed. The Code requires that each rezone be evaluated considering these standards; however, it does not require that they all be met. Below is Staff response to the proposed request: s. Development allowed by the proposed rezone designation shall not damage public health, safety and welfare. This criterion is met as the applicant's proposed rezone of the property will not damage public health, safety or welfare. All local, state, and federal codes will be adhered to prior to any proposed development. 2. The zone designation shall be consistent with the Mason County Comprehensive Plan, Development Regulations,and other county ordinances,and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation. Staff believes this criterion has been met as it is consistent with the Comprehensive Plan and specifically consistent with the Commercial Industrial (CI) section of the Shelton Urban Growth Development Regulations. Staff believes the zone of Cl is the most appropriate as it matches the adjacent zoning of the commercial industrial area of E Johns Prairie. The location of the power line and BPA access also make the CI zoning preferrable over residential. 3. No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity. Staff Report New Hiawatha LLC- BOCC.docx Page 3 August 18,2021 This criterion is met and staff believes the rezone of this parcel would not increase sprawl or low- density development or cause it to occur. The proposed zoning would be consistent with the adjacent zoning and would eventually be used to expand an existing business.Staff does not believe there are any resource based uses in the vicinity that would be affected by rezoning to Cl. 4. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas, including but not limited to streets, parking, utilities,fire protection, police, and schools. This criterion is met as the proposed zoning doesn't intensify the demand for urban services such as streets,parking,utilities,fire protection,police,and schools. The rezone is located within the Shelton UGA where higher intensity uses are encourage within the Mason County Comprehensive plan and where urban services are already in place. 5. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. This criterion is met as the proposed rezone of this parcel would not materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner. The rezone is located within the Shelton UGA where more intensive land uses are encouraged to locate. 6. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development,whether actual or potential,the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality. This criterion is met as the proposed rezone would not materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality.Any development on the site will be evaluated against the Mason County Resource Ordinance and the Commercial Industrial zoning has requirements to allow for open space that the neighborhood residential does not. Prior to any development all local, state, and federal codes will be adhered to. 7. No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential,the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County Comprehensive Plan. Staff believes this criterion is met as the pressure to change land use designations is minimal with this proposal as the majority of the surrounding parcels in this area of the UGA are already developed as commercial or residential. The Shelton UGA zoning ordinance density requirement is the following:Single-family dwellings at a density of not less than four units pernet residential acre(net Staff Report_New Hiawatha LLC- BOCC.docx Page 4 August 18,2021 residential acre is defined as the total usable area excluding roads, critical areas and easements), except that density requirements shall not apply to lots Rlatted prior to the adoption of the ordinance codified in this chapter. The subject parcels were created as part of a short plat in 1987, thus the build out of each parcel, as currently zoned, would potentially be a single family residence and ADU at most, which fits the existing development pattern of the nearby plats. The loss of residential development within the UGA is minimal and the developable residential lots within the UGA and rural development areas is more than enough to meet the 20 year projected population increase that was adopted as part of the 2036 Comprehensive Plan. 8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. N/A, not zoned in error. STATE ENVIRONMENT PROTECTION ACT (SEPA) A SEPA checklist was prepared for this project. A formal SEPA Determinations of Non-Significance was made on June 10, 2021. Comment period for this determination closed on June 24, 2021. No comments were received. PUBLIC NOTIFICATION All property owners within 300 feet of the subject parcel were notified by mail, in mail June 14, 2021, informing them of the proposal to rezone the property. In addition, Public Notice of the PAC public hearing was published in the Mason Shelton Journal on July 8 and July 15, 2021. The Public Notice was posted onsite on June 30, 2021. Public Notice of this public hearing was published in the Mason Shelton Journal on August 12 and August 19, 2021. PLANNING ADVISORY COMMISSION On July 19 2021, the Planning Advisory Commission held a public hearing on this proposal. After calling for testimony and deliberation,they made a unanimous decision to recommend approval of the rezone to the BOCC with the caveat that vehicle access, not including fire and EMS, be restricted to John's Prairie and that the buffer and noise development regulations be adhered to. PUBLIC COMMENTS The PAC received four written comments prior to the meeting as well as one voicemail disapproving of any future project having access to the site via E Hiawatha Blvd. Staff received one additional comment a day after the PAC meeting.All comments are attached SUMMARY AND RECOMMENDATION Staff and the PAC recommend that the Mason County Board of County Commissioners approve this rezone request. ATTACHMENTS • Public Comments Staff Report New Hiawatha LLC-BOCC.docx Page 5 August 18,2021 • Application and Rationale for Request • Current Zoning Map • SEPA DNS and Checklist • Notice of Hearing • 6o-Day Notice to Commerce • Property owners within 300'who received notice by mail Staff Report_New Hiawatha LLC-BOCC.docx August 19, 2021 Mason County Commissioners 411 N. 5tn Shelton WA. 98584 RE: Proposed rezone of property in the Hiawatha Park neighborhood. I understand that the proposed rezone of a parcel of land currently zoned for single family dwellings is likely to be rezoned for commercial/industrial uses at your August 315t hearing. I am unable to participate on zoom and am therefore forwarding my opinion on the subject via this document. I find it hard to imagine whythe countywould even consider downgrading a healthy middleclass neighborhood like the Hiawatha Park/ Cordona area. The potential impact on livability and property values could be significant. Please keep in mind that the subject property is at the entrance to our neighborhood, is adjacent to Hiawatha Blvd (which is owned and maintained by our property owners) and will be immediately adjacent to single family dwellings. I applaud your planning department's recommendation to include a requirement that all access to the subject property, for now and in perpetuity, be from Johns Prairie Road with no access ever to Hiawatha Blvd. Hopefully, that clause will become a part of the final document should the rezone be approved. Our neighborhood has been blessed with a good buffer zone between industrial and residential use due to the power lines. However, the subject property is located right in the heart of our neighborhood. It is not hard to imagine the potential uses, now and in the future, of equipment, lights and noises at all hours of the day and night. I believe the current code would require a landscaped buffer zone along Hiawatha Blvd of a minimum of ten feet. That does not seem sufficient in this circumstance. Should this rezone be approved please consider requiring the property owner to provide a much wider buffer zone with tall hedges or bushes and landscaping to help minimize the impact. Incidentally, most of my neighbors were unaware of the proposed rezoning until I brought it to their attention. To the best of my knowledge our homeowner's association was never asked for input. Thank you for considering my viewpoint. John Gilmore 110 E. Rock Way Shelton WA. 98584 Beth McBain Gregory Ward 401 E. Hiawatha Blvd. Shelton, WA 98584 360-432-8203 July 15, 2021 Mason County Planning Division of Community Development 615 W. Alder St. Building 8 Shelton, WA 98584 Attention: Marissa Watson, Senior Planner RE: Proposed Rezone of three parcels from Neighborhood Residential (NR) to Commercial Industrial (CI) within the Shelton UGA: 32007-14-90024, 32007-14- 90021, 32007-14-90034 To Whom It May Concern: This letter is in response to the public notice posted regarding the application for rezone of undeveloped land adjacent to the Neighborhood Residential community of Hiawatha Park and Cardona Estates, parcel numbers listed above. We would first like to ask the question, what is the required advance notification timeline for neighboring property owners when a rezone of this nature is proposed? It is clear that advance work went into the application process, but the date on the Request for Rezone application is July 1st, 2021. The application states that: The Public Notice was posted onsite on June 30th. The notice was to inform the community that the date of the public hearing by the Planning Advisory Commission would be Monday, July 19th. The Public Notice sign was not observed until after the 4th of July weekend. After questioning how many and where signs were to be posted, an additional sign has appeared. As of today, the Hiawatha Park neighbors have had only 16 days to learn about this matter and to prepare a written response by Friday, July 16th. We learned that Friday was the deadline in order for written comments to be provided to board members in advance of the Advisory Commission Meeting on the 19th. We understand that the meeting is not open to the public and can only be attended via Zoom. Hiawatha Park and Cardona Estates is a neighborhood of single-family homes built on large lots (approx. 1 acre each) and has a private water system and private roads that the residents pay to maintain. It is home to active residents who jog, walk their dogs, push babies in strollers, and walk along with their small children as they learn to ride their bikes. Seniors, teens, moms and dads walk daily to the mailboxes at the entrance to HiaPark and we currently feel safe on our roadways. This would change dramatically if vehicles serving a commercial industrial enterprise were allowed to enter and exit the site proposed for rezone from Hiawatha Blvd. Page 2, The goal of every resident I've spoken with is to maintain the quiet and peaceful setting of our neighborhood. Many of our new neighbors have moved into this community to get away from being adjacent to commercial enterprises and congestion. None were in favor of land that is now a part of the adjoining neighborhood turning into an "industrial zone". The combined property taxes generated from our neighborhood are not insignificant and we are interested in maintaining the value of our homes. Many fear home values could be put at risk by this rezone application. Under the SEPA Environmental Checklist the applicant has answered a series of questions: Beginning with question 7 which asks, "Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? (If yes, explain)" The applicant has answered "No" That answer seems to set the pace for the questions that follow including issues like percentage of site to be covered with impervious surfaces, water runoff, vegetation to be removed or altered, types of noise created by the project short/long term use, what kind of light or glare will be produced by the project, and others. The answers provided to every question was "none" or "not applicable". However, the applicant himself in the Application For Amendment To the Zoning Map has stated that this rezone will "allow for growth of existing local business Hiawatha Corp." This company is also known as Hiawatha Evergreens, and is located across Johns Prairie Road from Kamin's current property which incudes large warehouses. According to a Hiawatha Corp. staff member, Kamin will "construct warehouses for the Hiawatha Corp. on the property, which will initially to be leased and then eventually sold to Hiawatha Corp for long-term use". We do not believe that New Hiawatha LLC was created to purchase these parcels, request a rezone and then do nothing with the land. If construction on these parcels is in the planning stages, we would like to know what those plans are and how they will actually impact our neighborhood. We would like to respectfully request that the Planning Advisory Commission grant a delay in deciding about the rezone of these parcels allowing the residents living adjacent the proposed rezone property to have more time to research, discuss, and respond as a group to the proposed changes. Sincerely, Beth McBain Gregory Ward To: Marissa Watson Mason County Planning Department Subject: Rezone to commercial,from residential, Hiawatha Park. Marissa is there minutes from the zoom meeting pertaining to the rezone to commercial from residential? Does the developer have a plan? What is the next step? I am against this commercial proposal. Any Information would be appreciated. Thankyou Jerry Gregerson Marissa Watson From: Jimmie Deardeuff <jimmiedeardeuff@yahoo.com> Sent: Friday,July 16, 2021 12:46 PM To: Marissa Watson Subject: Proposed rezone of parcels 32007-14-90024, 32007-14-90021, 32007-14-90034 within the Shelton UGA July 16, 2021 Mason County Planning Division of Community Development 615 W. Alder St. Building 8 Shelton, WA 98584 Attention Marissa Watson, Senior Planner In response to Posted Notice on proposed parcel rezoning. Notice was posted June 30, 2021. A meeting of the planning advisory committee is scheduled for Monday, July 19, 2021 with responses required by Friday, July 16, 2021. Final comments required by July, 24, 2021. Living further than 300 feet from parcels requested for rezoning I knew nothing of the proposed rezone request. I became aware of the request upon seeing the posted notices, July 6, 2021. 1 have read the paper work and environmental checklist submitted with the request to rezone. I understand that the request complies with the long range development adopted by the county. My concerns are what type of proposed future developments will be done on the site?. The environmental checklist indicates no trees will be cut and no buildings or other hard surfaces installed, how long is that commitment to be honered. Furthermore, on the existing parcel just west of the rezone request is an eyesore of an abandoned 50 foot trailer and other construction debris. I believe this property is also owned by requesting entity, could this stuff be removed in a time manner to improve the aesthetics and buffer between the commercial and residential parcels. Could motorized access to the proposed commercial parcels be bared from Hiawatha Blvd, which is maintained by the hipark homeowners association?. Finally, is there a mechanism by which we can be compensated for any lost value, actual or precieved, to our property should that occur?. Feel free to respond to this email with comments you wish to make. Please include the contents of this email for consideration in the planning committee meeting considering this rezone request. Please also inform me and my wife of the final decision made regarding this rezone request. Sincerely Jimmie Deardeuff Noreen Deardeuff 271 E. Hiawatha Blvd i Shelton, WA 98584 2 July 17, 2021 Marissa Watson Mason County Planning Department 615 W. Alder St Building 8 Shelton, WA 98584 Re: Proposed rezoning in the Hiawatha park neighborhood. Dear Ms Watson. Today it came to my attention that the county is proposing to rezone three properties in the heart of our residential neighborhood in Hiawatha Park from Neighborhood Residential to Commercial Industrial. It is hard for me to imagine why the county would even consider downgrading a healthy residential community like ours. The Hiapark district is a nice middleclass neighborhood with residents ranging from seniors to families with small children. For your staff to declare that such a rezone will not damage health, safety and welfare of the neighborhood is beyond my imagination. The subject property is at the entrance to our private community and the traffic will certainly have a negative impact. Of course, putting an industrial complex in a neighborhood will, undoubtedly, negatively impact the values of all our homes. How would you like to have an industrial complex be located in your back yard. My biggest concern is that, nearly, none of my neighbors are aware of the proposed zoning change and, to the best of my knowledge no one from your department has approached our community association president or members of our board of directors requesting input on this subject. I believe it is a terrible injustice to impose an industrial zoning on our neighborhood and propose that 1. You notify all residents in our complex of the proposed rezone and 2. That if you intend to proceed, that you give us additional time to organize our opposition. Thank you for considering my viewpoint. John Gilmore 110 E. Rock Way Shelton WA 360 427 7071 Lindsay and Travis Tachell 281 E. Hiawatha Blvd. Shelton,WA 98584 1ptachell@gmail.com July 16,2021 Mason County Planning Division of Community Development 615 W.Alder St., Building 8 Shelton,WA 98584 RE: Proposed Rezone of three parcels from Neighborhood Residential(NR)to Commercial Industrial (CI)within the Shelton UGA: 32007-14-90024, 32007-14- 90021, 32007-14-90034 To Whom it May Concern: We are writing this letter to convey our opposition to the proposed rezoning of three land parcels in Shelton's Hiawatha neighborhood. In addition, we request more time to connect with our neighbors who are not fully aware of the changes suggested to this land. As the parents of two young children,one of the main draws of the Hiawatha neighborhood was the promise of quiet streets where our sons could enjoy walking and learning how to ride bicycles in safety. Having purchased our home in 2020 it is evident that this is a unique feature to our neighborhood. Shelton has very few neighborhoods that offer quiet streets,and on any given day a visitor to Hiawatha will see many people enjoying walks, children riding bikes together, families walking dogs, and parents pushing strollers. The rezoning proposal implies that Hiawatha Boulevard would be used as an entrance to the parcels listed above,which would bring increased traffic and possibly heavy vehicles on this neighborhood street. The proposal states that: "The rezone would provide room for growth of the existing local business Hiawatha Corp."The Hiawatha Corporation is located across Johns Prairie Road from Hiawatha Boulevard.The SEPA report lists Hiawatha Boulevard as a property entrance. In the Transportation section, under letter f no information is provided on the amount of increased or peak traffic volume. The walkability of Hiawatha is part of what makes the neighborhood special and contributes to the neighborhood's friendly feel. Hiawatha Boulevard is roughly U-shaped, and adding traffic to one leg of the U will cut off a third of our walking/biking space. The parcels sit between the residences of the neighborhood and our community mailboxes,which make this third of Hiawatha Boulevard a popular route for foot and bike travel. These land parcels are currently designated as neighborhood residential.The parcels abut as much land zoned neighborhood residential as they do commercial industrial. Keeping the parcels as neighborhood residential preserves the character of the neighborhood. In the proposal, it states: "All property owners within 300 feet of the subject parcel were notified by mail informing them of the proposal to rezone the property. In addition,Public Notice of this public hearing was published in the Mason Shelton Journal on July 8 and July 15,2021. The Public Notice was posted onsite on June 30, 2021."We don't recall receiving a letter regarding this change.As regular readers of the Shelton-Mason County Journal,we (like most subscribers) do not typically wade through the pages of published legal notices to try and parse out which notices may effect us. Essentially,the first true notification that reached us regarding this rezoning proposal was on June 30, 2021 which has only given us a few weeks to find information on the proposal and to consider and make our comments. In speaking to a group of neighbors on July 1, 2021,the neighbors all expressed concern with the possibility of increased traffic on Hiawatha Boulevard. However, some neighbors erroneously believed that the project was placing a warehouse building on the property similar to existing warehouses abutting the property.They also believed that Hiawatha Boulevard would not be an entrance to the new warehouse, as the rezoning proposal implies. Due to this misinformation and the relatively short time period for neighbors to collect correct information and comment,we would like to request more time to allow neighbors to receive correct information and add their comments. It seems clear from the rezoning proposal that the property owner has a vision for the land parcels. Does the owner have site plans that we can view? In the SEPA report, all of the questions related to aesthetics were marked not applicable. If the plan is for structures to appear on this site following rezoning, aesthetics and buffering are concerns along with traffic and safety. Would buffering occur on the Hiawatha side of the road?More information is needed to further shape comments and concerns. Thank you for your time in listening to our concerns. Best, Lindsay and Travis Tachell Fee: $2,220.00 MASON COUNTY COMMUNITY SERVICES '•,�' Building,1'lenninry,F.nvironmcnLil II��.ilUt,Connnunity I1•eph 615 W.Alder St.—Bldg.8,Shelton,WA 98584 Phone:(360)427-9670 ext.352♦ Fax:(360)427-7798 APPLICATION FOR AMENT)MCNT'ro: FIComprehensive Plan Policy F )Development Regulations FlFuture Land Use Map (Comp Plan Amendment) DOZoning Map (Development Regulation Amendment) One application per parcel or contiguous group of parcels. This application does not guarantee approval. You should discuss your proposal with the County Long Range Planner prior to application. Burden is on applicant to show compliance with the Comprehensive Plan or Growth Management Act policies and other planning ordinances. Applicant: New Hiawatha LLC, C/O Mark Kamin Mailing Address: 2160 Cove Rd. city: Ellensburg State: WA� zip: 98926 Telephone No.: 360.280.8729 _ Parcel Number(s): 32007-14-90024, 32007-14-90021, 32007-14-90034 Parcel Size and Legal Description: 6.00 Acres, See Attached for Legal Descriptions What kind of change in Comprehensive Plan Policy, Development Regulation, or Comprehensive Plan Map(Future Land Use/Zoning) is requested? (Attach additional pages,if needed.) _Change Zoning of parcel from Shelton UGA Neighborhood Residential (NR) to Commercial-Industrial C( i) Rationale for the Request: (include information on the property features, land use, and maps that will be used in considering your application) (see the attached information sheet) Due to proximity to BPA easement and adjacent (Cl) zoned and developed parcels the change in zoning will allow for best and highest use and more consistency with the adjacent uses. Allow for growth of existing local business Hiawatha Corp. See attached map. Signatw•c and date New Hiawatha LLC - Amendment Application Vicinity Map Sanderson ct-:1 " Field(SHH) ffidlcnYoaF S•hcol i .y Vhlmen S��PS=rtemw O GHals rraas Subject Parcels VI LI AGE � IAOIINT AIII VIEW R z c' 9 CJ , Snrllon NM�J:9�.r ®ffi?ER femrumin+w+n- R N gun..Ito r O F 4a. Subject Parcels r V N U Recording Original Short Plat 1763 - Assessor ' s Office Map 467872 .. �-, 3 f9 FF: 705 �•!;'t�i.f�•��r'}��� `'�'fir''; V g k ' Subject Parcel 32007-14-90034 ZI •or 79— �! t9a a _ r 00 i P _ r Lmoo }. ONO•Orf0"E 6WOO N p ti/,A,f�,1�F�r o x k w•o W + rtrtnh� z 1b� A HgLAN Asstw 'D a H a 6 O N C) n ro 7rr O nvoor, oa ~ r rt�Y °=' p J N� to •� •o n n w� a" �io1 IA N tl rt rt i N W l n mndo �' yrp�� Ij tr in CT µ P r �� o Recording Original Short Plat - Assessor ' s Office Map 467871 Z.. .319 ny S ., . �r yyyppp el O ta Subject Parcel 32007-14-90021rA y�SVVo • Ti y� Subject Parcel +� 32007-14-90034ro ,, _ 39x►o ; of Im " ri ro ta0 r y N - owl Subject Parcel „ o �= '� .� 32007-14-90024 --- '" - 0'r•0 / �7 fD rr 7 r1 �Y G D ? (D F'•.O -4 N. '.n 11 'D O'0 r '00 ^, Dom• ri n r:, mcs •M H O D a O P0P._ y "� i n c o o O �(D r Parcels Legal Descriptions: 1) Parcel No. 32007-14-90024 Legal: Lot 4 of Short Plat 1672, recorded June 5, 1987, under Auditor's File No. 467871, being a portion of the Southeast quarter of the Northeast quarter of Section 7, Township 20 North, Range 3 West, W.M. 2) Parcel No. 32007-14-90021 Legal: Lot 1 of Short Plat 1672, recorded June 5, 1987, under Auditor's File No. 467871, being a portion of the Southeast quarter of the Northeast quarter of Section 7, Township 20 North, Range 3 West, W.M. 3) Parcel No. 32007-14-90034 Legal: Lot 4 of Short Plat 1673, recorded June 5, 1987, under Auditor's File No. 467872, being a portion of the Southeast quarter of the Northeast quarter of Section 7, Township 20 North, Range 3 West, W.M. New Hiawatha LLC — Rezone Request— Parcel #32007-14-90024, 32007-14- 90021, and 32007-14-90034 Responses to 17.05.080 - Rezone criteria. (a) Rezone Criteria. The county shall review a rezone proposal and enter written findings for the following criteria: (1) Development allowed by the proposed rezone designation shall not damage public health, safety and welfare, The requested rezone will not damage public health, safety, or welfare. With the rezone, there will be a reduction in residential development within the BPA easement corridor as well as impose more restrictive landscape and buffers to the adjacent(NR) zoned parcel which will benefit public safety and welfare. (2) The zone designation shall be consistent with the Mason County comprehensive plan, development regulations, and other county ordinances, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation; The result of this rezone will create a more consistent zoning plan for the surrounding area that is consistent with the Mason County Comp plan and will better match the characteristics of the immediate vicinity. Also, due the site characteristics, namely the BPA, PUD Easements, Community Mailboxes, and adjacent light industrial used property, the new Cl zoning is a better zoning than the current NR zoning for this parcel. (3) No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity; The proposed rezone will not add to sprawling, low-density rural development or increase uses incompatible with resource-based uses. The rezone will actually reduce sprawl as it well create the highest and best use for a parcel within the Shelton UGA. It will allow for desired outcome of the Mason County Comp Plan to encouraging development withing the Shelton UGA. (4) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas, including, but not limited to, streets, parking, utilities, fire protection, police and schools; The proposed rezone is within the Shelton UGA and will not negatively impact or materially increase demand for urban services. (5) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner; The proposed rezone is consistent with the Growth Management Act's goal to encourage development in the urban areas as it is located within the Shelton UGA where adequate public services exist. (6) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality; The proposed rezone to Commercial-Industrial will increase the required buffers and open space requirements that any future development would have to adhere to. As well as increase the likelihood that any future development would need to hook up to existing City of Shelton utilities for water and sewer thus benefiting water quality, and the environment. (7) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County comprehensive plan; The proposed rezone creates more consistency in use and zoning in the immediate vicinity and will not materially affect or create pressure the change of land use designation of other lands or increase population growth in rural areas. (8) These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land The proposed rezone does prevent any corrective rezoning of land. Current Zoning Map o `t t 4-90024 Existing Zoning. Neighborhood Residenti I (NR Proposed Zoning- Commercial t c ustrial Cl) 32007-14-90034 ' 32007-1 _ -90021 } AO , Imo} r 6/30/2021, 108'.24 PM 1'.3,070 0 0.03 0.05 0.1 mi 0 County Boundary General Commercial 0 0.04 0.08 0.16 km ElTax Parcels(Zoom in to 1:30,000) Industrial — Contours 5 ft Mixed Use Shelton Zoning Neighborhood Residential Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA,USGS,AeroGRID, IGN,and the GIS User Community, Esri, HERE, Public Institutional Airport Industrial Garmin,(c)OpenStreetMap contributors,and the GIS user community ® Commercial Industrial Mason County WA GIS Web Map Application Richard Diaz I Earthstar Geographics I Esri,HERE,Garmin I New Hiawatha LLC " Legend '. = Johns Prairie at Hiawatha Request to Rezone. . �� �� Mason County Transportation Transmissions Plus Automotive AN .41 fN //�fA\♦, -, .r - } .S"3 y:. z � :.� y,, .+ � � �.q� " .may.`'�R J1�`5,rt. '� �F`oy, ± At ' '6N , F rT '°4y"}" £ .�a i�'1�-.�$"s ,btf�te} }� •. _ .t,�+1' „�, i'4 _ ,t' �` � .. E-` "�. � '� �„�r;_fix. �� ✓..S � -,+r'ac � a .:-t"� �1! �,`n�t X��;.— �" ''y't,�� >� �t Mgt'�1 /7��,�� � ,s�: r '"C� 3� ..f ,�t` "�'$� �'' '�" �°" .+++1 ''� "�- 7 fie, '9 '�.�• ��,�; '.�fl• 77� l ti .� 4Mp,te * 8 ; - tite A,�F J`SNC,11-4 MASON COUNTY Planning Division of Community Development Planning DEPARTMENT o} 615 W. Alder St. Bldg. 8, Shelton, WA 98584 360-427-9670 ext 352 DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-340) SEP2021-00040 Description of Proposal: REZONE OF THREE PARCELS IN SHELTON UGA FROM NEIGHBORHOOD RESIDENTIAL(NR)TO COMMERCIAL INDUSTRIAL(CI), INTENDED FOR EVENTUAL EXPANSION OF BUSINESS ON ADJACENT COMMERCIAL INDUSTRIAL ZONED PROPERTY. Proponent: NEW HIAWATHA LLC Location of Proposal. Parcel nos. below Parcel Number(s): 320071490024, 32007-14-90021, & 32007-14-90034 Legal Description: SW SE NE TR 2D OF SURV 12/142 TR 4 OF SP#1672,SW SE NE TR 2A OF SURV 12/142 TR 1 OF SP#1672,&F1/2 SE NE TR 3D OF SURV 12/142 TR 4 OF SP#1673 Lead Agency: Mason County The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement(EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. Please contact Marissa Watson at 360-427-9670 x367 with any questions. This DNS is issued under WAC 197-11-340(2). The Lead Agency will not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to the Dept. of Community Development, 615 W Alder St, Shelton WA 98584 by 06/24/2021. Appeal of this determination must be filed with a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. Auth ed Local Government Official Date Printed by:Marissa Watson on:06/10/2021 I2:23 PM Page I of I SEPA ENVIRONMENTAL CHECKLIST Mason County PermitCentet-Use: SEP ZV72 - 000°4C) ❑ Single Family DNS: $600.00 Parcel#:__ ® Other DNS: 0 to 9.99 acres: $730 Date Rcvd: �V 4 tj-f,Z I 10 to 20 acres: $880 Over 20 acres: $1100 3Z cc)7 - f 4- 9 by z_4- 32vol ( 4 - 906) Z! ❑ DS/EIS: $5000 + $90 Per hour Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals: For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D) Please completely answer all questions that apply and note that the words "project,""applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non-projects) questions in Part B- Environmental Elements—that do not contribute meaningfully to the analysis of the proposal. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 1 of 14 A. Background JtELEJ 1. Name of proposed project, if applicable: New Hiawatha LLC Amendment Application 2. Name of applicant: New Hiawatha LLC 3. Address and phone number of applicant and contact person: New Hiawatha LLC, Mark Kamin, P: 360.280.8729 2160 Cove Rd., Ellensburg, WA 98926 4. Date checklist prepared: May 27th, 2021 5. Agency requesting checklist: Mason County, Planning Department 6. Proposed timing or schedule (including phasing, if applicable): Rezone Scheduled for Summer 2021 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No 10. List any government approvals or permits that will be needed for your proposal, if known. Approval of Amendment Application for Rezone by Mason County 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) Proposal is to modify the zoning of land associated with parcel#32007-14-90024, 32007- 14-90021, 32007-14-90034from Mason County's Shelton UGA Zoning of Neighborhood Residential to Commercial- Industrial to better align with surrounding parcels and allow for local business to expand. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 2 of 14 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Proposal property is located in Shelton, WA on parcels #32007-14-90024, #32007-14-90021, #32007-14-90034. See attached vicinity map, legal description, and plat map. B. Environmental Elements HELP 1. Earth tLiel a. General description of the site: (circle one):(J!g rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope)? 0 - 1 % c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. Sand, gravel, glacial till d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. None f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. None proposed g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Not Applicable Jul 2016 Page 3 of 14 SEPA Environmental checklist(WAC 197-11-960)(MC version) Y h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: None proposed 2. Air hj e a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. Not Applicable b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Not Applicable c. Proposed measures to reduce or control emissions or other impacts to air, if any: Not Applicable 3. Water [hel a. Surface Water: ftjel 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. No 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 4 of 14 b. Ground Water: LLiel 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. No 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals. . . ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. No c. Water runoff(including stormwater): 1) Describe the source of runoff(including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. Not Applicable 2) Could waste materials enter ground or surface waters? If so, generally describe. No 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. No d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: Not Applicable Pegg 5 Of 14 SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 4. Plants tbel� a. Check the types of vegetation found on the site: deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other X shrubs grass pasture crop or grain Orchards, vineyards or other permanent crops. wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? None c. List threatened and endangered species known to be on or near the site. None d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: None e. List all noxious weeds and invasive species known to be on or near the site. Scotch Broom 5. Animals fkM a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Birds: Robin, Starlings, Hawks, Finchs, Swallows Examples include: Mammals: Deer birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other b. List any threatened and endangered species known to be on or near the site. None c. Is the site part of a migration route? If so, explain. No SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 6 of 14 d. Proposed measures to preserve or enhance wildlife, if any: Not Applicable e. List any invasive animal species known to be on or near the site. None 6. Energy and Natural Resources thel a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Not Applicable b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Not Applicable 7. Environmental Health thLel a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. 1) Describe any known or possible contamination at the site from present or past uses. None 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. None 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. None 4) Describe special emergency services that might be required. None SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 7 of 14 5) Proposed measures to reduce or control environmental health hazards, if any: None b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indi- cate what hours noise would come from the site. None 3) Proposed measures to reduce or control noise impacts, if any: None 8. Land and Shoreline Use hel a. What is the current use of the site and adjacent properties?Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. Site: Vacant Adjacent Properties: Light Industrial/Warehousing and Vacant b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? No 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: No c. Describe any structures on the site. None d. Will any structures be demolished? If so, what? No e. What is the current zoning classification of the site? Mason County's Shelton UGA Zoning Neighborhood Residential f. What is the current comprehensive plan designation of the site? Mason County's Shelton UGA SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 8 of 14 g. If applicable, what is the current shoreline master program designation of the site? Not Applicable h. Has any part of the site been classified as a critical area by the city or county? If so, specify. No i. Approximately how many people would reside or work in the completed project? Not Applicable j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: Not Applicable L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: None m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: None 9. Housing Lhel a. Approximately how many units would be provided, if any? Indicate whether high, mid- dle, or low-income housing. Not Applicable b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Not Applicable c. Proposed measures to reduce or control housing impacts, if any: Not Applicable 10. Aesthetics [hel a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Not Applicable b. What views in the immediate vicinity would be altered or obstructed? Not Applicable b. Proposed measures to reduce or control aesthetic impacts, if any: Not Applicable SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 9 of 14 11. Light and Glare hel a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Not Applicable b. Could light or glare from the finished project be a safety hazard or interfere with views? Not Applicable c. What existing off-site sources of light or glare may affect your proposal? Not Applicable d. Proposed measures to reduce or control light and glare impacts, if any: Not Applicable 12. Recreation hI e a. What designated and informal recreational opportunities are in the immediate vicinity? None b. Would the proposed project displace any existing recreational uses? If so, describe. None c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None 13. Historic and cultural preservation Lhel a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers ? If so, specifically describe. No b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. No c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. Reviewed GIS maps and historic maps SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 10 of 14 d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. None 14. Transportation [hel a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. E Johns Prairie Rd and Hiawatha Blvd. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? Yes, Mason County Transit stop is within 500' c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? Not Applicable d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). No e. Will the project or proposal use (or occur in the immediate vicinity of)water, rail, or air transportation? If so, generally describe. No f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? Not Applicable g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. No h. Proposed measures to reduce or control transportation impacts, if any: Not Applicable SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 11 of 14 15. Public Services fbLel a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. No b. Proposed measures to reduce or control direct impacts on public services, if any. None 16. Utilities hel a. Circle utilities currently available at the site: ec rlcl natural gas, a e refuse service, elephone sanitary sewer, septic system, other c. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None C. Signature 1EELpl The above answers are true and complete to the best of my knowledge. 1 understand that the lead agency is rely'n them to make its decision. Signature: Name of signee AKrk Kamin, New Hiawatha LLC Position and Agency/Organization Owner Date Submitted: 06.04,2021 D. Supplemental sheet for nonproject actions HELP (IT IS NOT NECESSARY to use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. SEPA Environmental checklist(WAC 197-11-960)(MC version) July 2016 Page 12 of 14 w 1. How would the proposal be likely to increase discharge to water; emissions to air; pro- duction, storage, or release of toxic or hazardous substances; or production of noise? Not likely, the proposal would increase the emissions standards imposes on the parcel as well as increase the required buffers Proposed measures to avoid or reduce such increases are: The proposed zoning increases standards for construction for any future development. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Not likely to affect plants or animals, this is a non-project proposal. Any future development will have greater open space area requirements than in the current zoning. Proposed measures to protect or conserve plants, animals, fish, or marine life are: The proposed zoning requires more open space and buffers than current zoning 3. How would the proposal be likely to deplete energy or natural resources? Not likely Proposed measures to protect or conserve energy and natural resources are: None 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Not likely, none in the vicinity Proposed measures to protect such resources or to avoid or reduce impacts are: None 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Not likely, none in the vicinity Proposed measures to avoid or reduce shoreline and land use impacts are: None SEPA Environmental checklist(WAC 197-11.960)(MC version) July 2016 Page 13 of 14 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Not likely, the site is currently in an urban service area with capacity. Proposed measures to reduce or respond to such demand(s) are: None 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. None SEPA Environmental checklist(WAG 197-11.960)(MC version) July 2016 Page 14 of 14 40 MASON COUNTY COMMUNITY SERVICES Building,Planning,Environmental Health,Community Health NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Mason County Planning Advisory Commission will hold a public hearing via Zoom on Monday, July 19, 2021 at 6:00 p.m. SAID HEARING will be to consider adopting the following Development Areas amendment (REZONE): REQUEST FROM APPLICANT, NEW HIAWATHA LLC., TO REZONE THREE PARCELS IN SHELTON UGA FROM NEIGHBORHOOD RESIDENTIAL (NR) TO COMMERCIAL INDUSTRIAL (CI), FOR EVENTUAL EXPANSION OF BUSINESS THAT IS ON ADJACENT COMMERCIAL INDUSTRIAL ZONED PROPERTY. PARCEL: 32007-14-90024, 32007-14-90021, & 32007-14-90034 Any person desiring to express their view or to be notified of the action taken on the application should attend virtually or notify: MASON COUNTY DEPARTMENT OF COMMUNITY SERVICES 615 W. Alder Street Shelton, WA 98584 mwatson@co.mason.wa.us (360) 427-9670 ext. 367 Please visit the Mason County website (http://www.co.mason.wa.us/ac/planning- commission/index.php)for a detailed list of agenda items. If special accommodations are needed, or for information on how to attend this public meeting via Zoom, please contact Mariah Frazier at mfrazier(cDco.mason.wa.us or call (360)427-9670 Ext 365. (4 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE •PO Box 42525• Olympia, Washington 98504-2525• (360) 725-4000 www.commerce.wa.gov 06/10/2021 Ms. Marissa Watson Senior Planner Mason County 411 N 5th Street Shelton,WA 98332 Sent Via Electronic Mail Re: Mason County--2021-S-2767--60-day Notice of Intent to Adopt Amendment Dear Ms.Watson: Thank you for sending the Washington State Department of Commerce(Commerce)the 60-day Notice of Intent to Adopt Amendment as required under RCW 36.70A.106. We received your submittal with the following description. REQUEST FROM APPLICANT,NEW HIAWATHA LLC.,TO REZONE THREE PARCELS IN SHELTON UGA FROM NEIGHBORHOOD RESIDENTIAL (NR)TO COMMERCIAL INDUSTRIAL(CI),FOR EVENTUAL EXPANSION OF BUSINESS THAT IS ON ADJACENT COMMERCIAL INDUSTRIAL ZONED PROPERTY. PARCEL:32007-14-90024,32007-14-90021,&32007-14-90034 We received your submittal on06/10/2021 and processed it with the Submittal ID 2021-S-2767. Please keep this letter as documentation that you have met this procedural requirement. Your 60 -day notice period ends on 08/09/2021. We have forwarded a copy of this notice to other state agencies for comment. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions,please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Gary Idleburg, (360)725-3045. Sincerely, Review Team Growth Management Services Page: 1 of 1 New Hiawatha LLC - Amendment Application - Address List Mason County Transit 790 E Johns Prairie Rd Shelton, WA 98584 Stevens & Pasalich LLC PO Box 297 Shelton, WA 98584 Ben & Kara Ramsfield 150 E Treemont Dr Shelton, WA 98584 Lawrence & Kaye Knudsen 1791 SE Lynch Rd. Shelton, WA 98584 Kamin Properties LLC 500 SE Cole Rd. Shelton, WA 98584 Manke Family LLC 1717 Marine View Dr. Tacoma, WA 98422 New Hiawatha LLC 2160 Cove Rd. Ellensburg, WA 98926 MASON COUNTY AGENDA ITEM SUMMARY FORM TO: BOARD OF MASON COUNTY COMMISSIONERS FROM: Mike Collins RE, PLS, County Engineer Hearing DEPARTMENT: Public Works EXT: 450 COMMISSION MEETING DATE: August 31, 2021 Agenda Item # IU.3 BRIEFING DATE: July 19, 2021 BRIEFING PRESENTED BY: Mike Collins [ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD Please provide explanation of urgency ITEM: Franchise Agreement Application for Clifton Pebble Beach Water District — Hearing BACKGROUND: Dale Hoover, the President for Clifton Pebble Beach Water District, has applied for a franchise renewal. Public Works has reviewed and updated the franchise language, as done for with all the water system franchise renewals this past year, and included a provision for automatic renewal for up to three 10-year terms. The franchise will cover their water system along the North Shore Road. Application is not considered new and applicant has paid the $300 renewal of their respective franchise. RECOMMENDED ACTION: Recommend the Board approve the franchise agreement between Mason County and Clifton Pebble Beach Water District to construct, operate and maintain their water system along the North Shore Road. Attachments: 1. Franchise agreement application 2. Exhibit B is a map showing the franchise area IN THE MATTER OF THE APPLICATION OF Clifton Pebble Beach Water District FOR A FRANCHISE PERMIT TO CONSTRUCT, OPERATE,AND MAINTAIN Water System UTILITY FACILITIES, OVER,ALONG AND UNDER COUNTY ROADS AND HIGHWAYS LOCATED IN MASON COUNTY, WASHINGTON Application of(Name of Operator) Dale Hoover, doing business in Washington as Clifton Pebble Beach Water District, with its principal offices located at 8322 Walnut Road NE, OlyMpia, WA 98516, by and through (person authorized to act for and on behalf of applicant) Dale Hoover, for a franchise to construct, operate and maintain (description of type) water system utility facilities in, over, along and under county roads and highways in Mason County, Washington, as set forth in attached Exhibit `B" (Franchise Area), having come on regularly for hearing before the County Commissioners of Mason County, Washington, on the Auga st day of 31, 2021, at the hour of 9:15am,under the provisions of RCW 36.55, RCW 80.32.010 and RCW 80.36.040, and it appearing to the Board that notice of said hearing has been duly given as required by law,and that it is in the public interest to allow the franchise herein granted; NOW THEREFORE, IT IS ORDERED that a non-exclusive franchise be, and the same is hereby given and granted to Operator, and its successors and assigns, hereinafter referred to as the Franchisee, for a period of 10 years with automatic renewal at the end of each term of 10 years unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term. (no more than ten years each term and can only be renewed 3 times) from and after the date of the entry of this order for the purposes, at the location(s), and upon the express terms and conditions as described herein. 1. DEFINITIONS For the purposes of this franchise, terms, phrases, words, and their derivations not defined herein that are defined in Title 12 of the Mason County Code or the Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County Engineer(the "Manual"), shall have the same meaning or be interpreted as provided in Title 12 of the Mason County Code or the Manual. Words not defined here,in Title 12 of the Mason County Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason County Code or the Manual refers to the same as may be amended,revised, updated, re-enacted or re-codified from time to time. II. GRANT The County of Mason hereby grants to the Franchisee a non-exclusive franchise which, once it becomes effective shall authorize the Franchisee to enter upon the road rights-of-way located within the Franchise Area identified in attached Exhibit`B", for the purpose of installing, constructing, maintaining, repairing, replacing, adjusting, relocating and operating the utility 1 facilities,which grant shall be limited to the following described purpose(s): Maintain water system. tem. Such grant is subject to and must be exercised in strict accordance with and subject to this franchise, Title 12 of the Mason County Code, the Manual and all applicable laws, rules, regulations and ordinances. Franchisee's exercise of any rights granted pursuant to the franchise is subject to the exercise of the County's police powers, and other regulatory powers as it may have or obtain in the future. No rights shall pass to the franchisee by implication. This franchise does not include permission to enter into or upon the road rights-of-way for any purposes others than the purposes expressly described herein. Permittee has a duty to notify the County of any change in use or condition of the utility facilities that may affect the status of the utility facilities or the impact of the utility facilities upon the road rights-of-way. III. UTILITY PERMIT REQUIRED Franchisee 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 road rights-of-way, without first applying for, paying all associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason County Code. In any utility permit so issued, the County may impose, as a condition of the granting the utility permit, such conditions and regulations as may be necessary for the protection, preservation and management of the road rights-of-way, including, by way of example and not limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining proper distance from other utilities, ensuring the proper restoration of such road rights-of-way and structures, and for the protection of the County and the public and the continuity of pedestrian and vehicular traffic. Franchisee shall first file with the County Engineer its application for a utility permit to do such Work together with plans and specifications in triplicate showing at a minimum: A. The position, depth and location of all such utility facilities sought to be constructed, laid,installed or erected at that time,showing their relative position to existing county roads,rights- of-way or other county property upon plans drawn to scale, hereinafter collectively referred to as the"map of definite location; B. The class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures, erection of permanent structures,traffic control,traffic turnouts and road obstructions; C. The manner in which the utility facility is to be installed; D. Measures to be taken to preserve safe and free flow of traffic; E. Structural integrity of the roadway, bridge, or other structure; F. Specifications for the restoration of the county road, right-of-way or other county 2 property in the event that the road right of way will be disturbed by the Work; and G. Provision for ease of future road maintenance and appearance of the roadway. Provision shall be made for known or planned expansion of the utility facilities,particularly those located underground or attached to bridges or other structures within the road right-of-way. The location, alignment and depth of the utility facilities shall conform with said map of definite location,except in instances in which deviation may be allowed thereafter in writing by the County Engineer pursuant to application by Franchisee. All such Work shall be subject to the approval of and shall pass the inspection of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work on account of granting the said utility permits. IV. RESTORATION OF ROAD RIGHT OF WAY In any Work which disturbs or causes damage to the road rights-of-way subject to this franchise, public or private property, the Franchisee shall at its own expense and with all convenient speed, complete the work to repair and restore the county road right-of-way, or the public or private property so disturbed or damaged, and leave the same in as good or better condition as before the Work was commenced, to the reasonable satisfaction of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such restoration or repair. The County Commissioners and/or County Engineer may at any time do, order or have done any and all work that they consider necessary to restore to a safe condition such County road right-of- way or other County property left by the Franchisee or its agents in a condition dangerous to life or property, and the Franchisee, upon demand, shall pay to the County all costs of such work. V. FRANCHISEE WORK IN RIGHT OF WAY Franchisee expressly agrees and understands that, with regard to Work within the road rights-of- way: A. All of Franchisee's utility facilities and Work within the road rights-of-way or other County property shall be in compliance with the provisions of Title 12 MCC, the Manual, the administrative regulations adopted by the County Engineer,other County established requirements for placement of utility facilities in road rights-of-way, including the specific location of utility facilities in the road rights-of-way, and all applicable laws, rules, regulations and ordinances; B. In preparing plans and specifications for Work of utility facilities in the road rights-of- way the Franchisee shall use the Manual. Prior to commencement of work in the road rights-of- way, Franchisee shall submit such plans and specifications to the Mason County Engineer for review and approval together with adequate exhibits depicting existing or proposed location of the utility facility in relation to the road, including right-of-way or easement lines; relationship to 3 currently planned road revisions,if applicable;and all locations and situations for which deviations in depth of cover(including the proposed method of protection) or other locational standards that are anticipated; C. All Work to utility facilities located within the road rights-of-way or other county property subject to this franchise shall be done in such a manner as not to interfere, other than in ways approved by the County,with the construction, operation and maintenance of other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and structures, located therein,nor with the grading or improvements of such County roads,rights-of-way or other County property; D. The owners and operators of all utility facilities (public or private) installed in the Franchise Area or other county property prior in time to the utility facilities of the Franchisee,shall have preference as to the alignment and location of such utilities so installed with respect to the Franchisee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such county road or right-of-way; E. Franchisee shall perform the Work and operate its utility facilities in a manner that minimizes interference with the use of the road rights-of-way by others, including others that may be installing utility facilities; and F. The County may require that Franchisee's utility facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to a particular road right-of-way; may deny access if a Franchisee is not willing to comply with the County's requirements; and may remove, or require removal of, any utility facility that is not installed in compliance with the requirements established by the County, or which is installed without prior County approval of the time,place, or manner of installation and charge the Franchisee for all the costs associated with removal; and may require Franchisee to cooperate with others to minimize adverse impacts on the road rights-of-way through joint trenching and other arrangements. G. The County may inspect the utility facilities at any time reasonable under the circumstances to ensure compliance with this franchise and applicable law, including to ensure that the utility facilities are constructed and maintained in a safe condition. If an unsafe condition is found to exist,the County,in addition to taking any other action permitted under applicable law, may order the Franchisee,in writing,to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition on a time-table established by the County which is reasonable in light of the unsafe condition. The County has the right to correct,inspect,administer, and repair the unsafe condition if the Franchisee fails to do so, and to charge the Franchisee therefore. The right of the County to conduct such inspections and order or make repairs shall not be construed to create an obligation therefore, and such obligation to construct and maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the Franchisee. H. When required by the County,Franchisee shall make information available to the public regarding any work involving the ongoing installation,construction,adjustment,relocation,repair or maintenance of its utility facilities sufficient to show(1)the nature of the work being performed; 4 (2)where it is being performed; (3) its estimated completion date; and(4)progress to completion. I. FRANCHISEE IS PLACED ON NOTICE THAT FIBER OPTIC, COMMUNICATIONS, POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES, AND PIPELINES MAY BE BURIED ON THE RIGHT OF WAY. Before beginning any underground work, Franchisee will contact the appropriate personnel to have such facilities located and make arrangements as to protective measures that must be adhered to prior to the commencement of any work within the Road rights-of-way. In addition to the liability terms elsewhere in this Agreement, Franchisee shall indemnify and hold the County and its elected and appointed officers, employees and agents harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Franchisee, its contractor, agents and/or employees, that cause or in any way or degree contribute to (1) any damage to or destruction of any such facilities by Franchisee, and/or its contractor, agents and/or employees, on the County's property, (2) any injury to or death of any person employed by or on behalf of any entity, and/or its contractor, agents and/or employees, on the road rights-of-way, and/or (3) any claim or cause of action for alleged loss of profits or revenue, or loss of service, by a customer or user of services or products of such company(ies) (collectively "Liabilities" for purposes of this Section V.I). The only Liabilities with respect to which Franchisee's obligation to indemnify the County and its elected and appointed officers, employees and agents does not apply are Liabilities to the extent arising out of, caused by or resulting from the negligence of the County, and its elected and appointed officers,employees and agents and Liabilities that by law the County and its elected and appointed officers, employees and agents for which the County cannot be indemnified. J. Franchisee shall continuously be a member of the State of Washington one number locator service under RCW 19.122, or an approved equivalent, and shall comply with all such applicable rules and regulations. K. Except in the event of emergency as described below, Franchisee and its Agents may not enter upon the Franchise Area to perform work for which a utility permit is not required,unless and except upon two-business days notice to the County Engineer. L. In the event of an emergency involving the threat of imminent harm to persons or property, and for purposes of taking immediate corrective action, Franchisee and its agents may enter the Franchise Area without advance notice to the County as long as such entry is for the sole purpose of addressing the emergency;provided however,that if any entry for such purposes would require issuance of a utility permit,Franchisee shall give the County verbal or telephonic notice of the places where and the manner in which entry is required prior to such entry,promptly followed by written notice. In all cases, notice to the County shall be given as far in advance as practical prior to entry or as soon as practicable after entry upon the road right-of-Way. M. Franchisee shall promptly reimburse the County for their reasonable and direct costs incurred in responding to an emergency that is caused, created by or attributable to the presence, construction, maintenance, repair, or operation of the Franchisees utility facilities in the road 5 rights-of-way. N. If, during installation, construction, relocation, realignment, adjustment, maintenance, or repair of the Franchisee's utility facilities in the road rights-of-way, Franchisee or its agents discover scientific or historic artifacts, Franchisee shall immediately notify the County of said discovery and shall protect such artifacts in a manner as specified by the County. Any such artifact shall be the property of the County if the County wishes to own it. VI. PROTECTION OF PUBLIC All work done under this franchise shall be done in a thorough and workman-like manner. In the performance of Work within or near the road rights-of-way, including without limitation, the opening of trenches and the tunneling under county roads,rights-of way or other county property, the Franchisee shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same, so that damage or injury shall not occur or arise by reason of such Work; and where any of such trenches, ditches and tunnels are left open at night, the Franchisee shall place warning lights, barricades and other appropriate protective devices at such a position as to give adequate warning of such Work. The Franchisee shall be liable for any injury to person or persons or damage to property sustained arising out of its carelessness or neglect, or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the Franchisee. VII. POLICE POWERS The County of Mason, in granting this franchise, does not waive any rights which it now has or may hereafter acquire with respect to county roads,rights-of-way or other county property and this franchise shall not be construed to deprive the county of any powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to control the county roads, rights-of- way and other county property covered by this franchise. The County retains the right to administer and regulate activities of the Franchisee up to the fullest extent of the law. The failure to reserve a particular right to regulate,or reference a particular regulation, shall not be interpreted by negative implication or otherwise to prevent the application of a regulation to the Franchisee. VIII. RELOCATION Franchisee shall, in the course of any Work, comply with the following requirements: A. The Franchisee shall, by a time specified by the County, protect, support,temporarily disconnect, relocate, or remove any of its utility facilities when required by the County by reason of traffic conditions; public safety; road right-of-way construction; road right-of-way repair (including resurfacing or widening);change of road right-of-way grade; construction,installation, or repair of County-owned sewers, drains, water pipes, power lines, signal lines, tracks, communications system, other public work, public facility, or-improvement of any government- owned utility; road right-of-way vacation; or for any other purpose where the County work 6 involved would be aided by the removal or relocation of the utility facilities. Collectively, such matters are referred to below as the "public work." Franchisee acknowledges and understands that any delay by Franchisee in performing the herein described work may delay, hinder, or interfere with the work performed by the County and its contractors and subcontractors done in furtherance of such Public Work and result in damage to the County,including but not limited to,delay claims. Franchisee shall cooperate with the County and its contractors and subcontractors to coordinate such Franchisee work to accommodate the Public Work project and project schedules to avoid delay, hindrance of, or interference with the Public Work. The County of Mason shall make available to the Franchisee a copy of the Six Year Transportation Program and the County's annual construction program after adoption each year. It is anticipated these programs will aid the utility in planning construction programs. B. Franchisee has a duty to protect its utility facilities from work performed by the County within the road rights-of-way. The rights granted to the Franchisee herein do not preclude the County of Mason, its employees, contractors, subcontractors, and agents from blasting, grading, excavating, or doing other necessary road work contiguous to Franchisee's utility facilities; providing that, the Franchisee shall be given a minimum of forty-eight (48) hours notice of said blasting or other work in order that the Franchisee may protect its utility facilities. C. In the event of an emergency, or where the utility facility creates or is contributing to an imminent danger to health, safety, or property, the County may protect, support, temporarily disconnect, remove, or relocate any or all parts of the utility facility without prior notice, and charge the Franchisee for costs incurred. D. If any Person that is authorized to place facilities in the road right of way requests the Franchisee to protect,support,temporarily disconnect,remove,or relocate the Franchisee's utility facilities to accommodate the construction, operation, or repair of the facilities of such other person, the Franchisee shall, after 30 days' advance written notice, take action to effect the necessary changes requested; provided that, if such project is related to or competes with Franchisee's service, or if the effect of such changes would be to permanently deprive Franchisee of the beneficial enjoyment of this franchise for its intended purposes through interference with the operation of Franchisee's utility facilities or otherwise, Franchisee shall not be required to relocate its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Franchisee's utility facilities were not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection, removal, or relocation at no charge to the County, even if the County makes the request for such action. E. The Franchisee shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. The County of Mason will accept liability for direct and actual damages to said Franchisee that are the result of the negligence of Mason County, its trustees, officers, employees, contractors, 7 subcontractors or agents while performing County improvement or Public Works projects enumerated in the original franchise agreement under Section VIII,paragraph B. Direct and actual damages are specifically limited to physical damage to properly installed and located infrastructure of the Franchisee and the cost to repair such physical damage. Mason County retains the right to assert all applicable defenses in the event of a dispute including contributory negligence on the part of the Franchisee. Mason County shall in no way be liable for incidental damages claimed to arise from such actions. All Work to be performed by the Franchisee under this section shall pass the inspection of the County Engineer. The Franchisee shall pay all costs of and expenses incurred in the examination, inspection and approval of such work. IX. PRESERVATION OF MONUMENTS/MARKERS Before any work is performed under this franchise which may affect any existing monuments or markers of any nature relating to subdivisions, plats, roads and all other surveys, the Franchisee shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Franchisee's operations under this franchise. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit, and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments shall be borne by the Franchisee. A complete set of reference notes for monument and other ties shall be filed with the office of the Mason County Engineer. X. VACATION OF ROAD RIGHT-OF-WAY If at any time the County shall vacate any County road, right-of-way or other County property which is subject to rights granted by this franchise and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other county property for the use of Mason County, in either its proprietary or governmental capacity, then the Board of Mason County Commissioners may, at its option, and by giving thirty (30) days written notice to the Franchisee, terminate this franchise with reference to such county road, right-of-way or other county property so vacated, and the County of Mason shall not be liable for any damages or loss to the Franchisee by reason of such termination. It has been the practice of Mason County to reserve easements for utilities at the time of road vacation, and will continue to be the practice until such time the Board of Mason County Commissioners direct a change of practice. XI. FINANCIAL SECURITY A. Insurance Except as otherwise provided herein, Franchisee shall maintain for itself and the County, throughout the entire period any part of Franchisee's utility facilities are located in the Franchise Area, adequate insurance to protect the Parties and their elected and appointed 8 officers, agents, employees against all of County's and Franchisee's liability arising out of Franchisee's use and occupancy of the Franchise Area or any part thereof. This obligation shall require the Franchisee to maintain insurance at least in the following amounts: 1. COMMERCIAL GENERAL LIABILITY insurance to cover liability, bodily injury, and property damage. The Commercial General Liability insurance shall be written on an occurrence basis, with an aggregate limit location endorsement for the Franchise Area, and shall provide coverage for any and all costs, including defense costs, and losses 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& PropegDamage $ 1,000,000 per Occurrence $ 2,000,000 aggregate 2 WORKERS' COMPENSATION insurance shall be maintained to comply with statutory limits for all employees, and in the case any work is sublet, the Franchisee shall require its contractors and subcontractors similarly to provide workers'compensation insurance for all the employees. The Franchisee shall also maintain, during the life of this policy, employer's liability insurance;provided that this obligation shall not apply to any time period during which Franchisee has no employees. The following minimum limits must be maintained: Workers' Compensation Statutory Employer's Liability $ 1,000,000 each occurrence 3. COMPREHENSIVE AUTO LIABILITY insurance shall include owned, hired, and non-owned vehicles operated by Franchisee employees on an occurrence basis with coverage of at least$2,000,000 per occurrence. If the Franchisee, its contractors,or subcontractors do not have the required insurance,the County may require such entities to stop operations until the insurance is obtained and approved. Certificates of Insurance reflecting evidence of the required insurance and approved by the County's Risk Manager for the GENERAL LIABILITY policies described above, shall be sent to the County's risk manager. The certificate shall be filed with the acceptance of the franchise, and annually thereafter, and as provided below. All coverage shall be listed all on one certificate with the same expiration dates. The certificates shall contain a provision that coverages afforded under these policies will not be canceled until at least 30 days'prior written notice has been given to the County. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the franchise,then, in that event,the Franchisee shall furnish,at least 30 9 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 coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk management practices and principals based upon the loss exposures. Each insurance policy required pursuant to this franchise shall be primary and non-contributing as respects any coverage maintained by the County and shall include an endorsement reflecting the same. Any other coverage maintained by County shall be excess of this coverage herein defined as primary and shall not contribute with it. The certificate of insurance must reflect that the above wording is included in all such policies. Each insurance policy obtained pursuant to this franchise shall be issued by financially sound insurers who may lawfully do business in the State of Washington with a financial rating at all times during coverage of no less than rating of"A"and a class of"X"or better in the latest edition of`Best's Key Rating Guide"published by A.M. Best Company, or such other financial rating or rating guide approved in writing by the County's risk manager. In the event that at any time during coverage, the insurer does not meet the foregoing standards, Franchisee shall give prompt notice to the County and shall seek coverage from an insurer that meets the foregoing standards. The County reserves the right to change the rating or the rating guide depending upon the changed risks or availability of other suitable and reliable rating guides. Comprehensive general liability insurance policies and coverage obtained pursuant to this franchise shall include an endorsement (standard ISO form CG 24-17) deleting all exclusions for work or incidents occurring within any distance from a railroad track or railroad property, or on, over, or under a railroad track. Insurance policies required pursuant to this franchise shall have no non-standard exclusions unless approved of by the County Risk Manager or designee. Commercial general liability insurance policies obtained pursuant to this franchise shall name the County as an additional insured without limitation,pursuant to an endorsement approved of by the County's Risk Manager or designee. Franchisee and Franchisee's Contractors' insurers, through policy endorsement, shall waive their rights of subrogation against the County for all claims and suits. The certificate of insurance must reflect this waiver of subrogation rights endorsement. Commercial General Liability Insurance policies and coverage required herein of public utility operators may include a reasonable deductible or self-insured retention; provided, however, that as to any Loss or Damage covered as provided herein,if Franchisee elects to include any deductible 10 or self-insured retention, Franchisee shall itself directly cover, in lieu of insurance, any and all County liabilities that would otherwise in accordance with the provisions of this Franchise be covered by Franchisee's insurance if Franchisee elected not to include a deductible or self-insured retention. Such direct coverage by Franchisee shall be in an amount equal to the amount of Franchisee's actual deductible or self-insured retention. Franchisee shall be required to provide a certification of self-insurance retention to the county in a form and content acceptable to the county engineer. B. Performance/Payment Bond. At the same time Franchisee provides its acceptance of this Franchise, the Franchisee shall, if required by the County Engineer, provide a performance and payment bond to ensure the full and faithful performance of all of its responsibilities under this franchise and applicable rules,regulations and ordinances, including,by way of example,but not limited to, its obligations to relocate and remove its utility facilities,to restore the road rights- of-way and other property when damaged or disturbed, and to reimburse the County for its costs. The amount of the performance and payment bond shall be for ZERO ($0). The amount of the bond, or cash deposit as described below, may be adjusted by the County every five years from the date of execution of this franchise,to take into account cumulative inflation or increased risks to the County. The Franchisee may be required to obtain additional bonds in accordance with the County's ordinary practices. The bond shall be in a form with terms and conditions acceptable to the County and reviewed and approved by the County Engineer. The bond shall be with a surety with a rating no less than "A V in the latest edition of"Bests Key Rating Guide," published by A.M. Best Guide. The Franchisee shall pay all premiums or costs associated with maintaining the bond, and shall keep the same in full force and effect at all times. If Franchisee fails to provide or maintain the bond,then the County, in its sole discretion, may require Franchisee to substitute an equivalent cash deposit as described below in lieu of the bond. Franchisee, may at its election or upon order by the County, substitute an equivalent cash deposit instead of a performance and payment bond. This cash deposit shall ensure the full and faithful performance of all of Franchisee's responsibilities hereto under this Permit and all applicable laws, rules, regulations or ordinances. This includes, but is not limited to, its obligations to relocate or remove its facilities, restore the road rights-of-way and other property to their original condition, reimbursing the County for its costs,and keeping Franchisee's insurance in full force. The County shall notify Franchisee in writing, by certified mail, of any default and shall give Franchisee thirty (30)days from the date of such notice to cure any such default. In the event that the Franchisee fails to cure such default to the satisfaction of the County, the County may, at its option,forfeit the entire amount of the cash deposit or draw upon the cash deposit up to the amount of the County's costs incurred to cure Franchisee's default. Upon the County's cure of Franchisee's default,the County shall notify Franchisee in writing of such cure. In the event that the County draws upon the cash deposit or forfeits the same, Franchisee shall thereupon replenish the cash deposit to the full amount as specified herein or provide a replacement performance and payment bond. 11 Before any Work commences in the road right-of-way, the County Engineer may require the operator to provide a performance and payment bond for each separate project in an amount to be determined by the County Engineer, but not less than five hundred dollars, written by a surety company acceptable to the County Risk Manager and authorized to do business in the state of Washington. The purpose of the bond is to insure completion of construction, including the restoration of surfacing, slopes, slope treatment, topsoil, landscape treatment, and drainage facilities, and cleanup of rights-of-way, and payment of costs incurred by the County to enforce the requirements of this Chapter. The performance and payment bond shall be in place for a period ending not more than one year after the date of completion. A project specific performance bond shall not be required in the event that the franchisee has in place a blanket performance bond and,when required,a payment bond,maintained pursuant to the requirements of this franchise. A performance and payment bond for work in the road right-of-way will not be required of the United States Government or any of its agencies or of any municipal corporation or department of the state of Washington and its local subdivisions. C. Limitation of Liability. To the fullest extent permitted by law, the Franchisee shall, and shall cause its contractor(s) to release, indemnify, defend and hold harmless the county and the county's legal representatives, officer (elected or ), appointed) employees and agents (collectively, "indemnitees") for, from and against any and all claims, liabilities, fines, penalties, cost, damages, losses, liens, causes of action, suits, demands,judgments and expenses(including, without limitations,court costs,attorneys' fees and costs of investigation,removal and remediation and governmental oversight costs), Environmental or otherwise (collectively "liabilities") of any nature, kind, or description, of any person or entity, directly or indirectly, arising out of, resulting from, or related to (in whole or in part): 1. this franchise; 2. any rights or interests granted pursuant to this franchise; 3. franchisee's occupation and use of the road right of way; 4. franchisee's operation of its utility facilities; 5. the presence of utility facilities within the right of way; 6. the environmental condition and status of the road right-of-way caused by, aggravated by,or contributed to, in whole or in part,by franchisee or its agents; or 7. The acts,errors,or omissions of third parties when arising out of the installation, construction, adjustment, relocation, replacement, removal, or maintenance of such third party utility facilities within the road rights-of-way when such work is performed under authority of the operator's utility permit or at the direction or under the control of the operator; or 12 8. any act or omission of franchisee or franchisee's agents; The only liabilities with respect to which franchisee's obligation to indemnify the indemnitees do not apply are liabilities to the extent arising out of, caused by or resulting from the negligence of the county,its officers,agents,employees or contractors and liabilities that by law the indemnities cannon be indemnified for. Upon written notice from the county, franchisee agrees to assume the defense of any lawsuit or other proceeding brought against any indemnitee by any entity, relating to any matter covered by this franchise for which franchisee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Franchisee shall pay all cost incident to such defense, including,but not limited to,attorneys' fees,investigators' fees,litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Franchisee will fully satisfy said judgment within ninety(90)days after said suit or action shall have finally been determined if determined adversely to Mason County. Upon the Franchisee's failure to satisfy said judgment within the ninety (90) day period,this franchise shall at once cease and terminate. Acceptance by the County of any Work performed by the Franchisee at the time of completion shall not be grounds for avoidance of this covenant. XII. FRANCHISE NONEXCLUSIVE This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the County of Mason from granting other utilities under, along, across, over and upon any of the County roads,rights-of-way or other County property subject to this franchise and shall in no way prevent or prohibit the County of Mason from constructing, altering, maintaining or using any of said roads, rights-of-way, drainage structures or facilities, irrigation structures or facilities, or any other county property or affect its jurisdiction over them or any part of them with full power to make all necessary changes, relocations, repairs, maintenance, etc., the same as the county may deem fit. XIII. SUCCESSORS AND ASSIGNS All the provisions,conditions,regulations and requirements herein contained shall be binding upon the successors and assigns of the Franchisee, and all privileges, as well as all obligations and liability of the Franchisee, shall ensure to its successors and assigns equally as if they were specifically mentioned wherever the Franchisee is mentioned. Any reference in this franchise to a specifically named party shall be deemed to apply to any successor,heir,administrator,executor or assign of such party who has acquired its interest in compliance with the terms of this franchise, or under law. 13 XIV. TRANSFER/ASSIGNMENT Franchisee may assign or transfer this franchise after prior written notice to County of Mason and assignee's written commitment, in a form and content approved by the County Prosecutor, delivered to County of Mason,that assignees shall thereafter be responsible for all obligations of Franchisee with respect to the franchise and guaranteeing performance under the terms and conditions of the franchise and that transferee will be bound by all the conditions of the franchise and will assume all the obligations of its predecessor. Such an assignment shall relieve the Franchisee of any further obligations under the franchise, including any obligations not fulfilled by Franchisee's assignee; provided that, the assignment shall not in any respect relieve the Franchisee, or any of its successors in interest, of responsibility for acts or omissions, known or unknown, or the consequences thereof, which acts or omissions occur prior to the time of the assignment. No franchise or master road use permit may be assigned or transferred without filing or establishing with the county the insurance certificates and performance bond as required pursuant to this franchise. XV. ANNEXATION Whenever any of the County roads, rights-of-way or other county property as designated in this franchise,by reason of the subsequent incorporation of any town or city,or extension of the limits of any town or city, shall fall within the city or town limits and shall by operation of law or otherwise terminate in respect to the said roads,rights-of-way or other county property so included with city or town limits;this franchise shall continue in force and effect to all county roads,rights- of-way or other county property not so included in city or town limits. XVI. REVOCATION/REMEDIES A. Revocation. In addition the right to revoke this franchise as set forth in Title 12 of the Mason County Code, if the Franchisee shall willfully violate, or fail to comply with any of the provisions of this franchise through willful or unreasonable neglect or fail to heed or comply with any notice given the Franchisee under the provision of this grant, then Franchisee shall forfeit all rights conferred hereunder and this franchise may be revoked or annulled, after a public hearing by the Board of County Commissioners. The Franchisee shall not be relieved of any of its obligations to comply promptly with any provision of this franchise by reason of any failure of the County to enforce prompt compliance, and the County's failure to enforce shall not constitute a waiver of rights or acquiescence in the Licensee's conduct. Subject to the required consent, adjudication, permission or authorization of a federal or state regulatory agency with jurisdiction over the subject matter, upon revocation of the franchise, the County may require the Franchisee to remove its utility facilities from any road rights-of-way,and restore such road right-of-way to its same or better condition as existed just prior to such removal, or de-commission and abandon such utility facilities in place in whole or in part and in a manner approved by the County Board of Commissioners. If the Franchisee fails to remove utility facilities that the County requires it to remove,the County may perform the work and collect the cost thereof 14 from the Franchisee. The actual cost thereof, including direct and indirect administrative costs, shall be a lien upon all utility facilities of the Franchisee within the franchise Area effective upon filing of the lien with the Mason County Auditor. B. Remedies. The County has the right to exercise any and all of the following remedies, singly or in combination, in the event of Default. "Default" shall mean any failure of Franchisee or its agents to keep, observe, or perform any of Franchisee's or its agent's duties or obligations under this franchise: 1. Damages. Franchisee shall be liable for any and all damages incurred by County. 2. Specific Performance. County shall be entitled to specific performance of each and every obligation of Franchisee under this franchise without any requirement to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 3. Injunction. County shall be entitled to restrain, by injunction, the actual or threatened commission or attempt of an Event of Default and to obtain a judgment or order specifically prohibiting a violation or breach of this Agreement without, in either case, being required to prove or establish that County does not have an adequate remedy at law. Franchisee hereby waives the requirement of any such proof and acknowledges that County would not have an adequate remedy at law for Franchisee's commission of an Event of Default hereunder. 4. Alternative Remedies. Neither the existence of other remedies identified in this franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to commence an action for equitable or other relief, and/or proceed against Franchisee and any guarantor for all direct monetary damages, costs and expenses arising from the Default and to recover all such damages, costs and expenses, including reasonable attorneys' fees. Remedies are cumulative; the exercise of one shall not foreclose the exercise of others. XVII. SUBSEQUENT ACTION In the event that after this franchise becomes effective, (a) there is a change in the law which broadens the authority of the County of Mason or the Franchisee with respect to any act permitted or authorized under this franchise; or (b)the County of Mason or the Franchisee believe that amendments to this franchise are necessary or appropriate, then the County of Mason and the Franchisee agree to enter into good faith negotiations to amend this franchise so as to enable the Parties to address, in a manner reasonably acceptable to all Parties, such change or other development which formed the basis for the negotiations. The Parties recognize that the purpose of the negotiations would be to preserve, to the maximum extent consistent with law, the scope and purpose of this franchise. Mason County reserves for itself the right at any time upon ninety(90) days written notice to the Franchisee, to so change, amend, modify or amplify any of the provisions or conditions herein 15 enumerated to conform to any state statute or county regulation, relating to the public welfare, health,safety or highway regulation,as may hereafter be enacted,adopted or promulgated and this franchise may be terminated at such time a public hearing is held by the Board of County Commissioners, and the Franchisee's utility facilities are found not to be operated or maintained in accordance with such statute or regulation. XVIII. ACCEPTANCE Franchisee shall execute and return to the County of Mason a signed acceptance of the franchise granted hereunder. The acceptance shall be in the form of the acceptance attached hereto as Exhibit"A",and in accepting the franchise,Franchisee warrants that it has carefully read the terms and conditions of this franchise and accepts all of the terms and conditions of this franchise and agrees to abide by the same and acknowledges that it has relied upon its own investigation of all relevant facts,that it has had the assistance of counsel,that it was not induced to accept a franchise, that this franchise represents the entire agreement between the Franchisee and the County of Mason. In the event the Franchisee fails to submit the countersigned ordinance and acceptance as provided for herein within the time limits set forth in this section, the grant herein is and shall become null and void. XIX. MISCELLANEOUS PROVISIONS A. Controlling Law/Venue. Any disputes concerning the application or interpretation of any of the provisions of this franchise shall be governed by the laws of the State of Washington. Venue of any action or arbitration brought under this franchise shall be in Mason County, Washington or the Western District of Washington if an action is brought in federal court, provided, however,that venue of such action is legally proper. B. Liens. Franchisee shall promptly pay and discharge any and all liens arising out of any Work done, suffered or permitted to be done by Franchisee on any Franchise Area. C. Waiver. No waiver by either party of any provision of this franchise shall in any way impair the right of such party to enforce that provision for any subsequent breach, or County of Mason's right to enforce all other provisions of this franchise. D.Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this franchise, the substantially prevailing Party or Parties shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which such Party or Parties may be entitled. E. Amendment. This franchise may be amended only by a written contract signed by authorized representatives of Franchisee and County of Mason. F. Severability. If any provision of this franchise is held to be illegal, invalid or unenforceable under present or future laws, such provision will be fully severable and this franchise will be construed and enforced as if such illegal, invalid or unenforceable provision is 16 not a part hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this franchise; a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal,valid and enforceable. G. Joint and Several Liability. Franchisee acknowledges that, in any case in which Franchisee and Franchisee's Contractors are responsible under the terms of this franchise, such responsibility is joint and several as between Franchisee and any such Franchisee's Contractors; provided that,the Franchisee is not prohibited from allocating such liability as a matter of contract. H. Notices. Any notice contemplated, required, or permitted to be given under this franchise shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail, return receipt requested;or(b)a nationally recognized overnight mail delivery service,to the Party and at the address specified below,except as such Party and address may be changed by providing notice to the other Party no less than thirty (30) days' advance written notice of such change in address. Franchisee: Clifton Pebble Beach Water District 8322 Walnut Road NE Olympia, WA 98516 Attn: Dale Hoover Grantor: Mason County 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 of Mason to determine the adequacy or sufficiency of Franchisee's plans and specifications or to ascertain whether Franchisee's proposed or actual construction, testing, maintenance, repairs, replacement, relocation, adjustment or removal is adequate or sufficient or in conformance with the plans and specifications reviewed by the County of Mason. No approval given, inspection made, review or supervision performed by the County of Mason pursuant to this franchise shall constitute or be construed as a representation or warranty express or implied by County of Mason that such item approved, inspected, or supervised, complies with laws, rules regulations or ordinances or this franchise or meets any particular standard, code or requirement, or is in conformance with the plans and specifications, and no liability shall attach with respect thereto. County and inspections as provided herein, are for the sole purpose of protecting the County of Mason's rights as the owner or manager of the road rights-of-way and shall not constitute any representation or warranty, express or implied, as to the adequacy of the design, construction, repair, or maintenance of the utility facilities, suitability of the Franchise Area for construction, maintenance, or repair of the utility facilities, or any obligation on the part of the County of Mason to insure that work or materials are in compliance with any requirements imposed by a governmental entity. County of Mason is under no obligation or duty to supervise the design, construction, installation, relocation, adjustment, realignment, maintenance, repair, or 17 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 Parry or Parties may require. The provisions of this franchise shall be construed as a whole according to their common meaning, except where specifically defined herein, not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this franchise. L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of this franchise or in the future as contemplated herein, are hereby incorporated by reference as though fully set forth herein. M. Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays, and legal holidays in the State of Washington, except that if the last day of any period falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be extended to include the next day which is not a Saturday, Sunday, or legal holiday in the State of Washington. N. Entire Agreement. This franchise is the full and complete agreement of County of Mason and Franchisee with respect to all matters covered herein and all matters related to the use of the Franchise Area by Franchisee and Franchisee's Contractors, and this franchise supersedes any and all other agreements of the Parties hereto with respect to all such matters, including, without limitation,all agreements evidencing the franchise. O. No Recourse. Without limiting such immunities as the County or other persons may have under applicable law, Franchisee shall have no monetary recourse whatsoever against the County or its officials, boards, commissions, agents, or employees for any loss or damage arising out of the County's exercising its authority pursuant to this Franchise or other applicable law. P. Responsibility for Costs. Except as expressly provided otherwise, any act that Franchisee is required to perform under this franchise shall be performed at its cost. If Franchisee fails to perform work that it is required to perform within the time provided for performance, the County may perform the work and bill the Franchisee. The Franchisee shall pay the amounts billed within 30 days. Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors is subject to the same restrictions, limitations, and conditions as if the work was performed by the Franchisee. The Franchisee shall be responsible for all work performed by its contractors and subcontractors, and others performing work on its behalf, under its control, or under authority of its utility permit,as if the work were performed by it and shall ensure that all such work is performed 18 in compliance with this franchise,Title 12 MCC,the Manual and other applicable law,and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is the Franchisee's responsibility to ensure that contractors, subcontractors, or other Persons performing work on the Franchisee's behalf are familiar with the requirements of the franchise, Title 12 MCC, the Manual, and other applicable laws governing the work performed by them. R. Survival of Terms. Upon the expiration,termination,revocation or forfeiture of the franchise, the Franchisee shall no longer have the right to occupy the franchise area for the purpose of providing services authorized herein. However,the Franchisee's obligations under this franchise to the County shall survive the expiration,termination,revocation or forfeiture of these rights according to its terms for so long as the Franchisee's utility facilities shall remain in whole or in part in the road rights of way. By way of illustration and not limitation,Franchisee's obligations to indemnify,defend and hold harmless the County, provide insurance and a performance/payment bond pursuant to Section XI and Franchisee's obligation to relocate its utility facilities pursuant to Section VIII, shall continue in effect as to the Franchisee, notwithstanding any expiration,termination, revocation or forfeiture of the franchise, except to the extent that a County-approved transfer, sale,or assignment of the utility system is completed, and another entity has assumed full and complete responsibility for the utility system or for the relevant acts or omissions. S. Warranties. By acceptance of this franchise,Franchisee warrants: 1. That Franchisee has full right and authority to enter into and perform this Franchise in accordance with the terms hereof,and by entering into or performing this Franchise,Franchisee is not in violation of its charter or by-laws,or any law,regulation,or agreement by which it is bound or to which it is subject; and 2. That the execution, delivery, and performance of this Franchise by Franchisee has been duly authorized by all requisite Board/Commission action,that the signatories for Franchisee of the acceptance hereof are authorized to sign this Franchise,and that the joinder or consent of any other party, including a court, trustee, or referee, is not necessary to make valid and effective the execution, delivery, and performance of this Franchise and acceptance. DATED at Shelton,Washington this day of 20_. BOARD OF COMMISSIONERS APPROVED: MASON COUNTY,WASHINGTON Cou neer Chair Approve as to form: Vice Chair Chief D.P.A. Commissioner 19 Exhibit A ACCEPTANCE OF FRANCHISE Ordinance No. 115-06, effective November 14, 2006. I, Q, XZW Ge/ , am the ?B 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 without qualification or reservation. DATED thiso2i day of �3 u Ye , 202,1. FRANCHI By: Its: Tax Id.No. STATE OF O )ss. COUNTY OFFI.�irb 1{-v'� ) I certify that I know or have satisfactory evidence that l tfo D J e rz is the person who appeared before me,and said person acknowledged that he/she signed this ins!rm nt,on oath stated L� that he/she was authorized to execute the instrument and acknowledged it as the b i of the V X+te )6'1Y% CT to be the free and voluntary act of such party for the uses and purposes mentioned —in the instrument. Dated: Notary Publi ' 40. N ° y'.p Print Name U 1 '�'OTAR},9 •Z = My commission expires 01 %A' 4.e,'°UBG L� ti�' 2 7��. FrP.0 �\ 0F„W A S N `�\\ A EXHIBIT B Description of Franchise Area ' N rn `ro rn .6, 0 �a e 6761 NE NORTH SHORE RD LN e CPO e B